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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
English language learners; instruction; budgeting
Purpose
Modifies statute relating to English language learners (ELL).
Background
The State Board of Education (SBE) must either use research-based models of structured English immersion (SEI) programs that were previously adopted by the ELL Task Force or develop and adopt new, research-based SEI models for use by school districts and charter schools. Models must be limited to programs for ELLs to participate in an SEI program not normally intended to exceed one year.
The SBE must also identify the minimum amount of English language development per day for all models and develop separate models for the first year in which a student is classified as an ELL that include a minimum of four hours per day of English language development (A.R.S. § 15-756.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Directs the SBE to adopt and approve models that include a minimum amount of English language development as follows:
a) 120 minutes per day, 600 minutes per week, or 360 hours per school year for pupils in kindergarten through grade 6; and
b) 100 minutes per day, 500 minutes per week, or 300 hours per school year for pupils in grades 7 through 12.
2. Directs the SBE to adopt alternative English instruction models that are evidence-based and research-based.
3. Allows school districts and charter schools to submit SEI models and alternative English instruction for approval by the SBE.
4. Requires the SBE to establish a framework for evaluating research-based models submitted for approval and solicit input from experienced educators.
5. Requires the framework to ensure that adopted or approved models meet the following criteria:
a) provide coherent instruction aligned with Arizona's English language proficiency standards;
b) include oral and written language instruction, including structured opportunities to develop verbal and written skills and comprehension strategies;
c) include access to complex language content through grade-level textbooks with appropriate support; and
d) include parental engagement strategies.
6. Removes the requirement that the SBE use programs developed by the ELL Task Force.
7. Removes the requirement that SEI models be limited to programs not to exceed one year.
8. Removes the requirement that the SBE:
a) identify the minimum amount of English language development per day for all models; and
b) develop separate models for the first year in which a pupil is classified as an ELL that include at least four hours per day of English language development.
9. Removes the offset for federal monies and the exclusion of incremental costs of any students classified as ELL for more than two years.
10. Declares that ELLs are not prohibited from concurrently enrolling in an SEI and alternative English instruction model.
11. Removes the requirement that school districts and charter schools include a copy of the adopted ELL program in the annual report.
12. Removes the prohibition on distributing ELL Fund monies and ELL support level weight monies for the same student for more than two fiscal years.
13. Requires the Arizona Department of Education (ADE) to annually report to the SBE, Auditor General (OAG), Governor, President of the Senate, Speaker of the House of Representatives and Secretary of State on ELL Programs by December 1, including:
a) information submitted in school district and charter school ELL reports;
b) detailed descriptions of the adopted and approved models of ELL instruction, the number of public schools implementing each model and the number of students enrolled in each model;
c) the length of time students are classified as ELLs;
d) the academic performance on the statewide assessment for the two years after ELLs achieve English proficiency; and
e) a summary of information on the demonstrated success of public schools at achieving English proficiency for ELLs.
14. Removes the requirement that each month ADE select a random sample of 300 ELLs to determine how many can read certain factors as outlined.
15. Removes the requirement that ADE submit an annual report to the Joint Legislative Budget Committee that includes an itemized list of federal monies received by ADE for ELLs.
16. Removes the Director of the Arizona State Library, Archives and Public Records from receiving ADE's report on whether students are benefiting academically from compensatory instruction.
17. Removes the requirement that ADE:
a) present a detailed annual summary of all ELL programs and funding at a public SBE meeting; and
b) present a summary of information relating to the demonstrated success of schools and school districts at achieving English proficiency for ELLs.
18. Requires ADE to conduct an analysis on the effectiveness of the SBE's adopted or approved models and identify the most effective models.
19. Removes requirements that the OAG biennially audit the effectiveness of the ELL program and conduct financial audits that review school district ELL budget requests and statewide compensatory instruction budget requests.
20. Renames the Arizona SEI Fund to the Arizona ELL Fund.
21. Repeals A.R.S. § 15-756.06 relating to the annual testing of previously classified ELLs and the subsequent reenrollment of students who fail to demonstrate English proficiency on the reassessment test in the two years following their exit from SEI.
22. Makes technical and conforming changes.
23. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Transfers, from the OAG to ADE, the responsibilities to analyze the effectiveness of the SBE's adopted or approved models and identify the most effective models.
2. Removes requirements for the OAG to biennially audit the effectiveness of the ELL program and conduct financial audits on school district ELL budget requests and statewide compensatory instruction budget requests.
Senate Action
ED 1/15/19 DPA 8-0-0
Prepared by Senate Research
January 17, 2019
JO/gs