AMENDING SECTIONS 15-752, 15-753 AND 15-756, ARIZONA REVISED STATUTES;
RELATING TO BILINGUAL PROGRAMS AND ENGLISH AS A SECOND LANGUAGE INSTRUCTION.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-752, Arizona Revised Statutes, is amended to read:
A. All classes shall be conducted in English except classes of bilingual
instruction or foreign language instruction.
B. In any school district in which there are pupils who are limited English proficient, the governing board of the school district shall provide programs of bilingual instruction or English as a second language instruction as provided in this article. The primary goal of such programs is to allow the pupils to become proficient enough in English to succeed in classes taught in English. The governing board shall determine if a pupil is limited English proficient by assessing the pupil's language proficiency in comprehension, speaking, reading and writing, in both English and the primary home language.
1. A COMPARISON OF THE PUPIL'S LATEST ASSESSED READING, WRITING AND ORAL SCORES TO THE SCORES THAT DENOTE ENGLISH PROFICIENCY.
2. A PARENTAL NOTIFICATION PAMPHLET THAT DESCRIBES THE VARIOUS INSTRUCTIONAL PROGRAMS OFFERED BY THE SCHOOL DISTRICT TO LIMITED ENGLISH PROFICIENT PUPILS AND THE GOALS OF EACH PROGRAM.
3. NOTICE OF THE SCHOOL DISTRICT RECOMMENDATION OF THE PROGRAM INTO WHICH THE PUPIL IS BEING PLACED.
4. A DESCRIPTION OF THE RECOMMENDED PROGRAM INTO WHICH THE PUPIL IS BEING PLACED INCLUDING THE AMOUNT OF INSTRUCTION THAT WILL OCCUR IN THE ENGLISH LANGUAGE.
5. A STATEMENT OF WHETHER OR NOT THE PERSONNEL THAT WILL BE INSTRUCTING THE PUPIL HAVE A TEACHING CERTIFICATE AND A BILINGUAL OR ENGLISH AS A SECOND LANGUAGE ENDORSEMENT. MIDDLE SCHOOLS AND HIGH SCHOOLS MAY FULFILL THIS REQUIREMENT BY PROVIDING A LIST OF CERTIFIED TEACHERS WITH A BILINGUAL OR ENGLISH AS A SECOND LANGUAGE ENDORSEMENT.
6. DIRECTIONS ON HOW A PARENT OR GUARDIAN CAN EXCLUDE A PUPIL FROM THE ASSIGNED PROGRAM.
7. INFORMATION ON HOW TO OBTAIN A COPY OF THE SELF-ASSESSMENT CONDUCTED PURSUANT TO SECTION 15-755, SUBSECTION C.
8. INFORMATION ON HOW TO REQUEST A MEETING TO REVIEW THE PUPIL'S PROGRESS IN ACADEMIC STANDARDS OR ENGLISH PROFICIENCY PURSUANT TO SUBSECTION G OF THIS SECTION.
D. THE PRINCIPAL SHALL REMOVE THE PUPIL FROM THE PROGRAM WITHIN FIVE DAYS AFTER RECEIVING A WRITTEN REQUEST FOR WITHDRAWAL.
E. AFTER A PARENT RECEIVES NOTICE PURSUANT TO SUBSECTION C OF THIS SECTION, THE PARENT SHALL CHOOSE ONE OF THE FOLLOWING OPTIONS, AS AVAILABLE:
1. THE CHILD WILL PARTICIPATE IN ENGLISH AS A SECOND LANGUAGE INSTRUCTION OFFERED BY THE SCHOOL DISTRICT.
2. THE CHILD WILL PARTICIPATE IN A BILINGUAL EDUCATION PROGRAM OFFERED BY THE SCHOOL DISTRICT.
3. THE CHILD WILL NOT PARTICIPATE IN EITHER ENGLISH AS A SECOND LANGUAGE INSTRUCTION OR A BILINGUAL EDUCATION PROGRAM OFFERED BY THE SCHOOL DISTRICT.
Sec. 2. Section 15-753, Arizona Revised Statutes, is amended to read:
A. Each school district shall identify the number of pupils who have a primary home language other than English as follows:
1. Initial identification of such pupils from school enrollment forms.
2. By October 1 of each year, completion of home language surveys for all new pupils identified as having a primary home language other than English on school enrollment forms.
B. By December 1 of each year, the school district shall determine the
language proficiency in both English and the primary home language of all
new pupils identified as having a primary home language other than English
C. A school district in which limited English proficient pupils are
enrolled shall adopt language
1. Be used at least once every
2.
(a) A teacher evaluation of the pupil's English language proficiency and an assessment of the pupil's readiness to succeed in an English language course of study.
(b) An objective assessment of the pupil's oral language proficiency, writing skills and literacy skills in English.
(c) Parent opinion and consultation.
(d)
Sec. 3. Section 15-756, Arizona Revised Statutes, is amended to read:
The superintendent of public instruction shall:
1. Enforce the compliance of
2. Monitor and review all requirements for fiscal and programmatic reporting of bilingual programs and English as a second language programs.
3. Prescribe the procedures for self-assessment as prescribed in section 15-755.
4. Present a summary of the reports specified in section 15-755 and the superintendent's recommendations to the legislature in January of each year.
5. Prescribe the method of counting limited English proficient pupils enrolled in a program to promote English proficiency for the group B weight as prescribed in section 15-943. This method shall require that pupils in kindergarten programs be counted as full-time students.
6. SEND COMPLETE COPIES OF THE REPORTS SPECIFIED IN SECTION 15-755 TO THE DIRECTOR OF THE LEGISLATIVE COUNCIL BY JULY 1 OF EACH YEAR.
7. DEVELOP CRITERIA FOR DETERMINING WHETHER A CHILD IS LIMITED ENGLISH PROFICIENT. THE CRITERIA SHALL INCLUDE A LIST OF TESTS FROM WHICH A SCHOOL DISTRICT SHALL SELECT IN ORDER TO ASSESS THE PUPIL'S ORAL, READING AND WRITING SKILLS. THE SUPERINTENDENT SHALL DETERMINE A SCORE ON EACH TEST THAT DENOTES ENGLISH PROFICIENCY. THE CRITERIA SHALL NOT ALLOW THE SCORES FOR THE INITIAL DETERMINATION OF WHETHER A PUPIL IS ENGLISH PROFICIENT TO BE HIGHER THAN THE SCORES FOR THE REASSESSMENT OF WHETHER A PUPIL IS LIMITED ENGLISH PROFICIENT. IN ADDITION TO THE MINIMUM SCORES ON THE SELECTED TESTS, THE CRITERIA SHALL ALSO INCLUDE OTHER FACTORS, SUCH AS TEACHER OBSERVATIONS AND PARENTAL APPROVAL, THAT MUST BE SATISFIED BEFORE A PUPIL IS DETERMINED TO BE PROFICIENT IN ENGLISH.
Sec. 4.
A. The English as a second language and bilingual education study committee is established consisting of:
1. Five members of the house of representatives who are appointed by the speaker of the house of representatives, no more than three of whom may be from the same political party. One member shall be the chairman of the education committee of the house of representatives.
2. Five members of the senate who are appointed by the president of the senate, no more than three of whom may be from the same political party. One member shall be the chairman of the senate education committee.
B. The chairmen of the senate and house education committees shall be co-chairmen of the study committee.
C. The committee shall conduct hearings and review and study the following:
1. Academic research, including longitudinal studies, on the length of time it takes students to become proficient in English and the types of bilingual and English as a second language programs that are most effective in promoting the greatest long-term academic achievement.
2. The availability of sufficient teachers with a bilingual or an English as a second language endorsement in school districts with significant populations of limited English proficient pupils.
3. The amount of funding provided by the state and federal government for English instruction of limited English proficient pupils and the amount of money being spent by schools to educate these pupils.
4. The reclassification rate in this state for continuing students who have taken the statewide standardized norm-referenced achievement test and have received instruction from a certified teacher with a bilingual or English as a second language endorsement.
5. The types of programs currently offered in this state to limited English proficient pupils, including the methods of instruction for each program, how closely the programs comply with the program descriptions in section 15-754, Arizona Revised Statutes, and the statewide norm-referenced achievement test results for pupils in each type of program compared to non-limited English proficient pupils and former limited English proficient pupils.
6. Federal and state requirements for the education of limited English proficient pupils and the extent to which school districts and the department of education are in compliance with those laws.
D. The legislature shall provide staff for the committee and the department of education shall provide the committee with requested data, except that the information provided shall not disclose confidential information about individual pupils.
E. The committee shall submit a report that contains the committee's recommendations by December 1, 1999 to the governor, the speaker of the house of representatives and the president of the senate. The committee shall provide a copy of the report to the secretary of state and the director of the department of library, archives and public records. The report shall include recommendations on the following:
1. If it is determined that there is a shortage of teachers with a bilingual or English as a second language endorsement, measures that can be taken to increase the number of teachers with those endorsements.
2. Methods to improve the accuracy and usefulness of the report issued pursuant to section 15-755, Arizona Revised Statutes, in order to assist in the evaluation of the success of bilingual and English as a second language programs.
3. Measures to ensure that schools are in compliance with state and federal laws and are offering programs that promote high academic achievement.
4. Necessary changes to conform legal descriptions of programs for limited English proficient pupils with those programs actually in use.
5. Methods to encourage schools to adopt those programs that have been proven most effective in promoting academic achievement.
6. The level of funding necessary to support the programs that are determined to be the most effective pursuant to paragraph 5 of this subsection.
Sec. 5.
Section 4 of this act is repealed from and after June 30, 2000.
APPROVED BY THE GOVERNOR MAY 17, 1999.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 18, 1999.