HB2313 - 492R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 15-751, Arizona Revised Statutes, is amended to read:

START_STATUTE15-751. Definitions

In this article, unless the context otherwise requires:

1. "Bilingual education/native language instruction" means a language acquisition process for students in which much or all instruction, textbooks, or teaching materials are in the child's native language other than English.

2. "English language classroom" means a classroom in which English is the language of instruction used by the teaching personnel, and in which such teaching personnel possess a good knowledge of the English language. English language classrooms encompass both English language mainstream classrooms and sheltered English immersion classrooms.

3. "English language mainstream classroom" means a classroom in which the students either are native English language speakers or already have acquired reasonable fluency in English.

4. "English learner" or "limited English proficient student" means a child who does not speak English or whose native language is not English, and who is not currently able to perform ordinary classroom work in English. A pupil who is proficient in one or more Native American languages is not an English learner or a limited English proficient student for the purposes of this article.

5. "Sheltered English immersion" or "structured English immersion" means an English language acquisition process for young children in which nearly all classroom instruction is in English but with the curriculum and presentation designed for children who are learning the language. Books and instructional materials are in English and all reading, writing, and subject matter are taught in English. Although teachers may use a minimal amount of the child's native language when necessary, no subject matter shall be taught in any language other than English, and children in this program learn to read and write solely in English. This educational methodology represents the standard definition of "sheltered English" or "structured English" found in educational literature. END_STATUTE

Sec. 2. Section 15-756, Arizona Revised Statutes, is amended to read:

START_STATUTE15-756. Identification of English language learners

A. The primary or home language for all new pupils who enroll in a school district or charter school shall be identified in a manner prescribed by the superintendent of public instruction.

B. The English language proficiency of all pupils with a primary or home language other than English shall be assessed through the administration of English language proficiency assessments in a manner prescribed by the superintendent of public instruction. The test scores adopted by the superintendent as indicating English language proficiency shall be based on the test publishers' designated scores. The department shall annually request an appropriation to pay for the purchase of all language proficiency assessments, scoring and ancillary materials as prescribed by the department for school districts and charter schools.

C. If it is determined that a pupil is not English language proficient, the pupil shall be classified as an English language learner and shall be enrolled in an English language education program pursuant to section 15‑752 or 15‑753.

D. Notwithstanding subsection C of this section, a pupil who is proficient in one or more native American languages shall not be classified as an English language learner.

E. Notwithstanding subsection C of this section, a pupil who is bilingual shall not be classified as an English language learner.

F. A child shall not be classified as an English language learner solely because the parent or guardian of the child reports that the primary language spoken in the child's home is a language other than English. END_STATUTE

Sec. 3. Section 15-756.01, Arizona Revised Statutes, is amended to read:

START_STATUTE15-756.01. Arizona English language learners task force; research based models of structured English immersion for English language learners; budget requests; definitions

A. The Arizona English language learners task force is established in the department of education. The task force shall consist of:

1. Three members who are appointed by the superintendent of public instruction.

2. Two members who are appointed by the governor.

3. Two members who are appointed by the president of the senate.

4. Two members who are appointed by the speaker of the house of representatives.

B. Members of the task force shall serve four year terms. Members of the task force shall elect a chairperson from among the members of the task force. The department of education shall provide adequate staff support for the task force.

C. By September 1, 2006, The task force shall develop and adopt research based models of structured English immersion programs for use by school districts and charter schools. The models shall take into consideration at least the size of the school, the location of the school, the grade levels at the school, the number of English language learners and the percentage of English language learners. The models shall be limited to programs for English language learners to participate in a structured English immersion program not normally intended to exceed one year. The task force shall identify the minimum amount of English language development per day for all models. The task force shall develop separate models for the first year in which a pupil is classified as an English language learner that includes include a minimum of four hours per day of English language development.

D. The research based models of structured English immersion adopted by the task force shall be the most cost-efficient models that meet all state and federal laws.

E. The research based models of structured English immersion shall be limited to a regular school year and school day. Instruction outside the regular school year or school day shall be provided with compensatory instruction and may be eligible for funding from the statewide compensatory instruction fund established by section 15‑756.11.

F. The research based models of structured English immersion shall be submitted by the task force to the president of the senate, the speaker of the house of representatives, the governor and the state board of education. At least thirty days before adoption, the task force shall submit the research based models of structured English immersion to the joint legislative budget committee for review.

G. The task force shall review research based models of structured English immersion annually and delete from, add to or modify the existing models. When adopting or modifying English language learner programs, the task force shall review and consider the information and data obtained as a result of the department of education's monitoring of English language learner programs pursuant to section 15‑756.08.

H. The task force shall establish procedures for school districts and charter schools to determine the incremental costs for implementation of the research based models of structured English immersion developed by the task force.

I. The task force shall establish a form for school districts and charter schools to determine the structured English immersion budget request amount. Notwithstanding any other law, the maximum amount of the budget request shall be the incremental costs of the model selected offset by the following monies:

1. All federal title III monies and any other federal monies designated solely for the educational needs of English language learners.

2. The portion of title I and title IIA monies determined by the English language learner population as a percentage of the qualified population.

3. The portion of impact aid monies determined by the English language learner population as a percentage of the qualified population. A school district or charter school shall only apply unexpended impact aid monies to English language learner programs after it has applied its impact aid monies for other allowable uses as permitted by state law.

4. The portion of desegregation monies levied pursuant to section 15‑910 determined by the English language learner population as a percentage of the qualified population.

5. The ELL support level weight prescribed in section 15‑943.

J. The difference calculated pursuant to subsection I of this section shall be the maximum amount of the structured English immersion budget request pursuant to section 15‑756.03 for monies from the Arizona structured English immersion fund established by section 15‑756.04. Beginning July 15, 2008, school districts and charter schools shall not include the incremental costs of any pupil who is classified as an English language learner after July 1, 2007 and who has been classified as an English language learner for more than two years in the calculation of the school district's or charter school's structured English immersion budget request.

K. In consultation with the auditor general, the department of education shall develop and adopt forms to be used by school districts and charter schools to submit budget requests for the Arizona structured English immersion fund, including the form prescribed in subsection I of this section.

L. Notwithstanding subsection C of this section, the TASK FORCE SHALL ACCEPT alternative models THAT EXEMPT PUPILS who are proficient in one or more Native American languages from the structured ENGLISH immersion programs in accordance with the Native American Languages Act of 1990 (P.L. 101-477).

L. M. For the purposes of this section:

1. "Compensatory instruction" has the same meaning prescribed in section 15-756.11.

2. "Incremental costs" means costs that are associated with a structured English immersion program pursuant to section 15‑752 or a program pursuant to section 15‑753 and that are in addition to the normal costs of conducting programs for English proficient students. Incremental costs do not include costs that replace the same types of services provided to English proficient students or compensatory instruction. END_STATUTE

Sec. 4. Requirements for enactment; three‑fourths vote

Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 15‑751, Arizona Revised Statutes, as amended by this act, is effective only on the affirmative vote of at least three‑fourths of the members of each house of the legislature.