HB2425 - 511R

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

Section 1. Section 15-756.01, Arizona Revised Statutes, is amended to read:

START_STATUTE15-756.01. State board of education; 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 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. A. By September 1, 2006, the task force The state board of education shall develop and adopt research based models of structured English immersion programs for use by school districts and charter schools. The department of education shall provide adequate staff support for the state board of education to comply with this article. 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 state board of education shall identify the minimum amount of English language development per day for all models. The task force state board of education 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. B. The research based models of structured English immersion adopted by the task force state board of education shall be the most cost‑efficient models that meet all state and federal laws.

E. C. 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. D. The research based models of structured English immersion shall be submitted by the task force state board of education 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 state board of education shall submit the research based models of structured English immersion to the joint legislative budget committee for review.

G. E. The task force state board of education 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 state board of education 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. F. The task force state board of education 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 state board of education.

I. G. The task force state board of education 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. H. The difference calculated pursuant to subsection I G 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. I. 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 G of this section.

L. J. 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. 2. Section 15-756.02, Arizona Revised Statutes, is amended to read:

START_STATUTE15-756.02. School districts and charter schools; English language learner models; adoption and implementation

A. Each school district governing board and each governing body of a charter school shall select one or more of the task force state board of education approved models for structured English immersion for implementation on a school by school basis.

B. If a school district or charter school wants to adopt an English language learner program that is not based on a model adopted by the task force state board of education, the school district or charter school shall first submit the proposed program along with supporting documentation regarding the expected outcomes of the program on the district's or charter school's English language learner students to the task force state board of education for approval.

C. On receipt of a proposed program from a school district or charter school, the task force state board of education may do one of the following:

1. Approve the proposed program.

2. Provide limited approval subject to specific stipulations prescribed by the state board.

3. Reject the proposed program and identify a model approved by the task force state board of education for the school district or charter school to adopt.

D. School districts and charter schools shall include a copy of the adopted English language learner program in the annual report required in section 15‑756.10. END_STATUTE

Sec. 3. Section 15-756.03, Arizona Revised Statutes, is amended to read:

START_STATUTE15-756.03. Structured English immersion; budget request

A. If a school district or charter school qualifies to submit a budget request based on the form prescribed in section 15‑756.01, subsection I G, the school district or charter school shall submit a structured English immersion budget request on a school by school basis. The budget request shall be for a specific amount of supplemental monies from the Arizona structured English immersion fund established by section 15-756.04.

B. Each school district or charter school structured English immersion budget request shall include the signature of the superintendent of the school district and the chief financial officer of the school district or the principal of the charter school and the chief financial officer of the charter school that certifies that the information in the budget request is true to the best of that person's knowledge and has been calculated in accordance with the form prescribed in section 15‑756.01, subsection I G and that monies from the Arizona structured English immersion fund established by section 15‑756.04 will not be used to supplant any federal, state or local monies, including desegregation monies levied pursuant to section 15‑910, used for English language learners that were budgeted for English language learners as of February 23, 2006.

C. Beginning July 1, 2007, Each school district and charter school that submits a structured English immersion budget request shall submit the budget request to the department of education annually on or before September 15. The department of education shall verify the budget request of each school district and charter school for accuracy and compliance with the form prescribed in section 15-756.01, subsection I G. The department shall collect all school district and charter school budget requests and submit them to the legislature for funding from the Arizona structured English immersion fund established by section 15-756.04 at the same time as the department's budget request. END_STATUTE

Sec. 4. Section 15-756.04, Arizona Revised Statutes, is amended to read:

START_STATUTE15-756.04. Arizona structured English immersion fund

A. The Arizona structured English immersion fund is established. The department of education shall administer the fund.

B. The department shall submit an annual request for an appropriation for the purposes of this section.

C. In addition to the ELL support level weight prescribed in section 15‑943, the department shall distribute monies from the fund to school districts and charter schools in an amount specified in the budget request prescribed in section 15‑756.03, subsection C. Monies from the fund established by this section and monies for the ELL support level weight prescribed in section 15‑943 shall not be distributed for more than two fiscal years for the same pupil. Nothing in This subsection shall be construed to does not prohibit a school district or charter school from receiving monies from the statewide compensatory instruction fund established by section 15‑756.11 for more than two fiscal years for the same pupil.

D. The superintendent of public instruction shall attempt to obtain the maximum amount of federal funding that is available for English language learner programs.

E. Each school district and charter school shall establish a local level structured English immersion fund to receive monies distributed from the Arizona structured English immersion fund. Monies in local level structured English immersion funds shall be spent only to provide instruction to English language learners. The auditor general shall modify the budget format, financial record requirements, accounting forms and financial report forms in accordance with this subsection. In consultation with the department of education, the auditor general shall provide support and guidance to assist school districts and charter schools in complying with this subsection. Documents developed pursuant to this subsection shall be reviewed by the Arizona English language learners task force established by section 15-756.01 state board of education and the joint legislative budget committee.

F. School districts and charter schools shall use monies from the fund to supplement existing programs for English language learners. Monies from the fund shall not be used to supplant available monies used to pay for the normal costs of conducting programs for English proficient students. END_STATUTE

Sec. 5. Section 15-756.11, Arizona Revised Statutes, is amended to read:

START_STATUTE15-756.11. Statewide compensatory instruction fund; reporting; definition

A. The statewide compensatory instruction fund is established. The department of education shall administer the fund.

B. To be eligible for monies appropriated pursuant to this section, a school district or charter school must demonstrate to the department of education that it has established a satisfactory compensatory instruction program. The department of education shall distribute monies from the fund to school districts and charter schools in an amount determined by the department for compensatory instruction costs.

C. School districts and charter schools shall annually submit written compensatory instruction budget requests to the department on or before July 15 for monies from the fund on a form developed by the department. The requests shall include an analysis of compensatory instruction effectiveness.

D. The written requests submitted by school districts and charter schools shall be signed by the superintendent of the school district and the chief financial officer of the school district or the principal of the charter school and the chief financial officer of the charter school, and monies from the statewide compensatory instruction fund shall not be used to supplant any federal, state or local monies, including desegregation monies levied pursuant to section 15-910, used for English language learners that were budgeted for English language learners as of February 23, 2006.

E. School districts and charter schools shall use monies from the fund to supplement existing programs. Monies shall not be used to supplant any federal, state or local monies, including desegregation monies levied pursuant to section 15-910, used for compensatory instruction that were budgeted for English language learners as of February 23, 2006.

F. Each school district and charter school shall establish a local level compensatory instruction fund to receive monies distributed from the statewide compensatory instruction fund. Monies in local level compensatory instruction funds shall be spent only for compensatory instruction. The auditor general shall modify the budget format, financial record requirements, accounting forms and financial report forms in accordance with this subsection. In consultation with the department of education, the auditor general shall provide support and guidance to assist school districts and charter schools in complying with this subsection. Documents developed pursuant to this subsection shall be reviewed by the Arizona English language learners task force established by section 15‑756.01 state board of education and the joint legislative budget committee.

G. For the purposes of this section, "compensatory instruction" means programs in addition to normal classroom instruction that may include individual or small group instruction, extended day classes, summer school or intersession school and that are limited to improving the English proficiency of current English language learners and pupils who were English language learners and who have been reclassified as English proficient within the previous two years. END_STATUTE

Sec. 6. Succession

A. As provided by this act, the state board of education succeeds to the authority, powers, duties and responsibilities of the Arizona English language learners task force.

B. This act does not alter the effect of any actions that were taken or impair the valid obligations of the Arizona English language learners task force in existence before the effective date of this act.

C. With respect to the Arizona English language learners task force, previous administrative actions continue in effect until superseded by administrative action by the state board of education.

D. All administrative matters, contracts and judicial and quasi‑judicial actions, whether completed, pending or in process, of the Arizona English language learners task force on the effective date of this act are transferred to and retain the same status with the state board of education.

E. All indicia of qualification and authority that were issued by the Arizona English language learners task force retain their validity for the duration of their terms of validity as provided by law.

F. All equipment, records, furnishings and other property, all data and investigative findings and all appropriated monies that remain unexpended and unencumbered on the effective date of this act of the department of education with respect to the Arizona English language learners task force are transferred to the state board of education.

Sec. 7. Retroactivity

This act applies retroactively to from and after December 31, 2012.