ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session

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HCR2001: English language education; requirements

Sponsor:  Representative Fillmore, LD 16

Committee on Education

Overview

Repeals and modifies, upon voter approval, statutes pertaining to English language learner (ELL) instruction in public schools.  

History

Proposition 203 was passed by voters in 2000 and established requirements for ELL instruction in public schools. Currently, statute requires all children, including ELL students, to be taught English through English language instruction in English language classrooms. Additionally, statute requires ELL students to be educated through sheltered English immersion during a temporary transition period not normally intended to exceed one year (A.R.S. § 15-752). Statute allows legal guardians to apply for waivers to transfer their child to classes teaching English and other subjects through bilingual education techniques or other generally recognized educational methodologies. However, these waivers are limited to legal guardians who have: 1) children who already know English; 2) children ten years or older; and 3) children with special individual needs (A.R.S. § 15-753).

In addition to ELL instruction, statute states that the legal guardian of any Arizona public school student has legal standing to sue for enforcement of ELL statutes and that any school board member or other elected official or administrator who willfully and repeatedly refuses to implement and enforce ELL statute may be held personally liable for fees and actual and compensatory damage by a child's legal guardian (A.R.S. § 15-754). Finally, statute mandates that all public students in grades 2-12 be given a standardized, nationally-normed written test of academic subject matter in English at least once a year (A.R.S. § 15-755). 

Provisions

1. Repeals, upon voter approval, statute that:

a) Requires all children in Arizona public schools be taught English through English language instruction in English language classrooms;

b) Allows a child's legal guardian to apply for a waiver to transfer their child to classes teaching English and other subjects through bilingual education techniques or other generally recognized educational methodologies permitted by law;

c) States that a child's legal guardian has legal standing to sue for enforcement of ELL statutes;

d) States that any school board member or other elected official or administrator who willfully and repeatedly refuses to implement and enforce ELL statutes may be held personally liable for fees and actual and compensatory damage by a child's legal guardian; and

e) Mandates that all public students in grades 2-12 be given a standardized, nationally-normed written test of academic subject matter in English at least once a year. (Sec. 1)

2. Mandates, upon voter approval, that each public school ensure that ELL students:

a) Receive the highest quality of education;

b) Master the English language;

c) Access high quality, innovative, research-based language programs. (Sec. 2)

3. Permits, upon voter approval, public schools to establish dual-language immersion programs for both native and nonnative English speakers. (Sec 3)

4. Requires, upon voter approval, public schools to:

a) Provide students effective and appropriate instructional methods;

b) Establish English language acquisition programs; and

c) Solicit community and stakeholder input on these methods and programs. (Sec. 3)

5. Requires Legislative Council to prepare proposed legislation conforming Arizona Revised Statutes to the provisions of this bill for consideration in the 55th Legislature, 1st Regular Session. (Sec. 4)

6. Requires the Secretary of State to submit this proposition to the voters at the next general election. (Sec. 4)

7. Makes technical changes. (Sec. 2, 3)

8. Makes a conforming change. (Sec. 3)

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12. Initials CH             Education

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