HB2387 - 441R - H Ver

Reference Title: bilingual education

AN ACT
AMENDING SECTIONS 15-701, 15-701.01, 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 15-701, Arizona Revised Statutes, is amended to read:

15-701 . Common school; promotions; requirements; certificate; supervision of eighth grades by superintendent of high school district; high school admissions

A. The state board of education shall:

1. Prescribe a minimum course of study, as defined in section 15-101 and incorporating the academic standards adopted by the state board of education, to be taught in the common schools.

2. Prescribe competency requirements for the promotion of pupils from the eighth grade and competency requirements for the promotion of pupils from the third grade incorporating the academic standards in at least the areas of reading, writing, mathematics, science , FOREIGN LANGUAGE and social studies.

3. Distribute guidelines for the school districts to follow in prescribing criteria for the promotion of pupils from grade to grade in the common schools. These guidelines shall include recommended procedures for insuring that the cultural background of a pupil is taken into consideration when criteria for promotion are being applied.

B. Pursuant to the guidelines which the state board of education distributes, the governing board of a school district shall:

1. Prescribe curricula that include the academic standards in the required subject areas pursuant to subsection A, paragraph 1 of this section.

2. Prescribe criteria for the promotion of pupils from grade to grade in the common schools in the school district. These criteria shall include accomplishment of the academic standards in at least reading, writing, mathematics, science , FOREIGN LANGUAGE and social studies, as determined by district assessment. Other criteria may include additional measures of academic achievement and attendance.

C. The governing board may prescribe the course of study and competency requirements for promotion which are in addition to or higher than the course of study and competency requirements which the state board prescribes.

D. A teacher shall determine whether to promote or retain a pupil in grade in a common school as provided in section 15-521, paragraph 3 on the basis of the prescribed criteria. The governing board, if it reviews the decision of a teacher to promote or retain a pupil in grade in a common school as provided in section 15-342, paragraph 11, shall base its decision on the prescribed criteria.

E. A governing board may provide and issue certificates of promotion to pupils whom it promotes from the eighth grade of a common school. Such certificates shall be signed by the principal or superintendent of schools. Where there is no principal or superintendent of schools, the certificates shall be signed by the teacher of an eighth grade. The certificates shall admit the holders to any high school in the state.

F. A governing board may request certificates of promotion from the county school superintendent. If a governing board requests these certificates from the county school superintendent, the county school superintendent shall furnish and sign the certificates.

G. Within any high school district or union high school district, the superintendent of the high school district shall supervise the work of the eighth grade of all schools employing no superintendent or principal.

H. A school district shall not deny a pupil who is between the ages of sixteen and twenty-one years admission to a high school because the pupil does not hold an eighth grade certificate. Governing boards shall establish procedures for determining the admissibility of pupils who are under sixteen years of age and who do not hold eighth grade certificates.

Sec. 2. Section 15-701.01, Arizona Revised Statutes, is amended to read:

15-701.01 . High school; graduation; requirements; community college or university courses; transfer from private schools

A. The state board of education shall:

1. Prescribe a minimum course of study, as defined in section 15-101 and incorporating the academic standards adopted by the state board of education, for the graduation of pupils from high school.

2. Prescribe competency requirements for the graduation of pupils from high school incorporating the academic standards in at least the areas of reading, writing, mathematics, science , FOREIGN LANGUAGE and social studies.

3. Develop and adopt competency tests for the graduation of pupils from high school in at least the areas of reading, writing and mathematics and shall establish passing scores for each such test.

B. The governing board of a school district shall:

1. Prescribe curricula that include the academic standards in the required subject areas pursuant to subsection A, paragraph 1 of this section.

2. Prescribe criteria for the graduation of pupils from the high schools in the school district. These criteria shall include accomplishment of the academic standards in at least reading, writing, mathematics, science , FOREIGN LANGUAGE and social studies, as determined by district assessment. Other criteria may include additional measures of academic achievement and attendance.

C. The governing board may prescribe the course of study and competency requirements for the graduation of pupils from high school which are in addition to or higher than the course of study and competency requirements which the state board prescribes.

D. The governing board may prescribe competency requirements for the passage of pupils in courses which are required for graduation from high school.

E. A teacher shall determine whether to pass or fail a pupil in a course in high school as provided in section 15-521, paragraph 3 on the basis of the competency requirements, if any have been prescribed. The governing board, if it reviews the decision of a teacher to pass or fail a pupil in a course in high school as provided in section 15-342, paragraph 11, shall base its decision on the competency requirements, if any have been prescribed.

F. Graduation requirements established by the governing board may be met by a pupil who passes courses in the required or elective subjects at a community college or university, if the course is at a higher level than the course taught in the high school attended by the pupil or, if the course is not taught in the high school, the level of the course is equal to or higher than the level of a high school course. The governing board shall determine if the subject matter of the community college or university course is appropriate to the specific requirement the pupil intends it to fulfill and if the level of the community college or university course is less than, equal to or higher than a high school course, and the governing board shall award one-half of a carnegie unit for each three semester hours of credit the pupil earns in an appropriate community college or university course. If a pupil is not satisfied with the decision of the governing board regarding the amount of credit granted or the subjects for which credit is granted, the pupil may request that the state board of education review the decision of the governing board, and the state board shall make the final determination of the amount of credit to be given the pupil and for which subjects. The governing board shall not limit the number of credits THAT IS required for high school graduation which AND THAT may be met by taking community college or university courses. For the purposes of this subsection:

1. "Community college" means a community college under the jurisdiction of the state board of directors for community colleges or a postsecondary educational institution under the jurisdiction of an Indian tribe recognized by the United States department of the interior.

2. "University" means a university under the jurisdiction of the Arizona board of regents.

G. A pupil who transfers from a private school shall be provided with a list that indicates those credits that have been accepted and denied by the school district. A pupil may request to take an examination in each particular course in which credit has been denied. The school district shall accept the credit for each particular course in which the pupil takes an examination and receives a passing score on a test designed and evaluated by a teacher in the school district who teaches the subject matter on which the examination is based. In addition to the above requirements, the governing board of a school district may prescribe requirements for the acceptance of the credits of pupils who transfer from a private school.

Sec. 3. Section 15-752, Arizona Revised Statutes, is amended to read:

15-752 . Conducting of schools in English language; bilingual or English as second language programs; voluntary participation; parental notification

A. All classes shall be conducted in English except classes of bilingual instruction or foreign language instruction. BEGINNING IN THE 1999-2000 SCHOOL YEAR, FOREIGN LANGUAGE INSTRUCTION SHALL BE INCORPORATED INTO THE CORE CURRICULUM OF EVERY KINDERGARTEN PROGRAM AND GRADES ONE THROUGH TWELVE. THE DEPARTMENT OF EDUCATION SHALL ANNUALLY DISTRIBUTE TO EACH SCHOOL DISTRICT BY OCTOBER 1 A LISTING AND DESCRIPTION OF COMMON BILINGUAL INSTRUCTION PROGRAMS AND ENGLISH AS A SECOND LANGUAGE PROGRAMS. SCHOOL DISTRICTS SHALL ATTEMPT TO ENSURE THAT THE NAME OF EACH BILINGUAL EDUCATION PROGRAM AND ENGLISH AS A SECOND LANGUAGE PROGRAM OFFERED BY THE SCHOOL DISTRICT COMPLIES WITH THE STANDARDIZED PROGRAM NAMES PRESCRIBED BY THE DEPARTMENT OF EDUCATION.

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.

C. PUPIL PARTICIPATION IN ANY BILINGUAL EDUCATION PROGRAM OR ENGLISH AS A SECOND LANGUAGE INSTRUCTION IS VOLUNTARY AND REQUIRES PARENTAL NOTIFICATION PURSUANT TO THIS SUBSECTION. UPON THE SCHOOL'S INTENTION TO ENROLL NEW PUPILS IN A BILINGUAL EDUCATION PROGRAM OR ENGLISH AS A SECOND LANGUAGE INSTRUCTION, AND ANNUALLY FOR CONTINUING PUPILS ENROLLED IN A BILINGUAL EDUCATION PROGRAM OR ENGLISH AS A SECOND LANGUAGE INSTRUCTION, THE SCHOOL SHALL PROVIDE TO THE PARENTS OR GUARDIAN OF EACH PUPIL, UNLESS APPROVED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION:

1. THE PUPIL'S LATEST ASSESSED READING, WRITING AND ORAL SCORES COMPARED TO THE SCORES THAT ARE SUFFICIENT TO BE DETERMINED ENGLISH PROFICIENT.

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. THE PAMPHLET SHALL INCLUDE A STATEMENT THAT IF THE PARENT CHOOSES THAT THE CHILD PARTICIPATE IN EITHER A BILINGUAL EDUCATION PROGRAM OR ENGLISH AS A SECOND LANGUAGE INSTRUCTION OFFERED BY THE SCHOOL DISTRICT, THE CHILD SHALL NOT PARTICIPATE FOR MORE THAN THREE YEARS UNLESS APPROVED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION.

3. NOTICE OF THE SCHOOL DISTRICT RECOMMENDATION OF THE PROGRAM INTO WHICH THE PUPIL MAY BE PLACED.

4. A DESCRIPTION OF THE RECOMMENDED PROGRAM INTO WHICH THE PUPIL MAY BE 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.

C. Pupil participation in any program of bilingual instruction or English as a second language instruction is voluntary and requires parental notification. Parents or guardians who do not wish their child to participate in a bilingual program or English as a second language program shall so indicate in writing to the principal of the school in which the pupil is enrolled.

9. A PARENTAL NOTIFICATION FORM OUTLINING PROGRAMS OFFERED BY THE SCHOOL DISTRICT TO LIMITED ENGLISH PROFICIENT PUPILS. THE PARENTAL NOTIFICATION FORM SHALL REQUIRE A SIGNATURE OF THE PUPIL'S PARENT OR LEGAL GUARDIAN PURSUANT TO SUBSECTION D OF THIS SECTION.

D. THE PRINCIPAL SHALL REMOVE THE PUPIL FROM THE PROGRAM WITHIN FIVE DAYS AFTER RECEIVING A 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:

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.

D. F. Pupils who are not limited English proficient may participate in bilingual programs if space is available.

G. EXCEPT AS PROVIDED IN SUBSECTION H OF THIS SECTION, A SCHOOL DISTRICT SHALL NOT COMPUTE A SUPPORT LEVEL WEIGHT FOR LIMITED ENGLISH PROFICIENCY FOR ANY PUPIL WHO IS ENROLLED IN A BILINGUAL EDUCATION PROGRAM OR ENGLISH AS A SECOND LANGUAGE INSTRUCTION FOR MORE THAN THREE SCHOOL YEARS AND SHALL REMOVE THE PUPIL FROM THE PROGRAM. PUPILS WHO ARE ENROLLED IN PROGRAMS THAT ARE INSTRUCTED IN NATIVE AMERICAN LANGUAGES INDIGENOUS TO THIS STATE AND THAT RECEIVE FUNDING FOR BILINGUAL EDUCATION PURSUANT TO SECTION 15-943 ARE EXCLUDED FROM THE PROVISIONS OF THIS SUBSECTION.

H. AT LEAST NINETY DAYS BEFORE THE PUPIL'S COMPLETION OF THE THIRD YEAR IN THE PROGRAM, THE SCHOOL DISTRICT SHALL NOTIFY THE PARENT THAT THE PUPIL WILL BE REMOVED FROM PARTICIPATING IN A BILINGUAL EDUCATION OR ENGLISH AS A SECOND LANGUAGE INSTRUCTION PROGRAM. ON NOTIFICATION REQUIRED IN THIS SUBSECTION, THE PARENT MAY PETITION THE SCHOOL DISTRICT TO CONTINUE THE PUPIL IN THE BILINGUAL EDUCATION OR ENGLISH AS A SECOND LANGUAGE INSTRUCTION PROGRAM. THE SCHOOL DISTRICT SHALL DETERMINE WHETHER TO CONTINUE THE CHILD IN THE PROGRAM. IF THE SUPERINTENDENT OF PUBLIC INSTRUCTION APPROVES CONTINUING THE CHILD IN THE PROGRAM, THE DISTRICT SHALL CONTINUE TO COUNT THE PUPIL IN THE SUPPORT LEVEL WEIGHT FOR THE BILINGUAL EDUCATION OR ENGLISH AS A SECOND LANGUAGE INSTRUCTION PROGRAM.

Sec. 4. Section 15-753, Arizona Revised Statutes, is amended to read:

15-753 . Census procedures; diagnostic assessment and reassessment

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 ARE NOT ENGLISH PROFICIENT BY DECEMBER 1 OF EACH YEAR USING THE CRITERIA DEVELOPED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION PURSUANT TO SECTION 15-756 .

C. B. A school district in which limited English proficient pupils are enrolled shall adopt language reassessment criteria and procedures as prescribed by the state board SUPERINTENDENT OF PUBLIC INSTRUCTION for the purpose of reclassification of pupils. The language reassessment criteria and procedures shall:

1. Be used at least once every two years YEAR with all limited English proficient pupils enrolled in bilingual programs or English as a second language programs to determine if the pupils have developed the English language skills necessary to succeed in English only instruction. A reclassified pupil may continue in a bilingual program or be placed in an all English program.

2. Be multi-faceted and shall Include the following criteria:

(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.

Sec. 5. Section 15-756, Arizona Revised Statutes, is amended to read:

15-756 . Powers and duties of superintendent of public instruction and legislative council

The superintendent of public instruction shall:

1. Enforce the compliance of SCHOOLS AND school districts with the requirements of this article and report to the state board of education those SCHOOLS OR SCHOOL districts which appear to be in noncompliance.

2. Monitor and review all requirements for fiscal and programmatic reporting of bilingual programs and English as a second language programs. BY MAY 15 OF EACH YEAR THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL SEND A COPY OF THE DEPARTMENT'S DATA COLLECTION INSTRUMENT TO THE DIRECTOR OF THE LEGISLATIVE COUNCIL. BY AUGUST 15 OF EACH YEAR THE STAFF OF THE LEGISLATIVE COUNCIL, IN COOPERATION WITH THE DEPARTMENT OF EDUCATION, SHALL REVIEW THE DATA COLLECTION INSTRUMENT AND MAKE ANY NECESSARY CHANGES TO ENSURE THE PROPER AND EFFICIENT ADMINISTRATION OF BILINGUAL AND ENGLISH AS A SECOND LANGUAGE PROGRAM SERVICES.

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. PRESCRIBE CRITERIA FOR THE PLACEMENT IN AND RECLASSIFICATION OF LIMITED ENGLISH PROFICIENT PUPILS FROM BILINGUAL EDUCATION PROGRAMS AND ENGLISH AS A SECOND LANGUAGE PROGRAMS.

8. PRESCRIBE ACADEMIC PERFORMANCE LEVELS FOR LIMITED ENGLISH PROFICIENT PUPILS TO QUALIFY FOR THE LEP WEIGHT PRESCRIBED IN SECTION 15-943.

9. 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.