HB2532 - 432R - H Ver

Reference Title: schools; bilingual education

AN ACT
AMENDING SECTIONS 15-752 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:

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.

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 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. THE PARENTAL NOTIFICATION SHALL INCLUDE A STATEMENT THAT IF THE PARENT CHOOSES FOR THE CHILD TO PARTICIPATE IN EITHER THE ENGLISH AS A SECOND LANGUAGE OR THE BILINGUAL EDUCATION PROGRAM, THE CHILD'S PARTICIPATION SHALL NOT EXCEED FOUR YEARS. AFTER A PARENT RECEIVES NOTICE PURSUANT TO THIS SUBSECTION, THE PARENT SHALL CHOOSE ONE OF THE FOLLOWING OPTIONS:

1. THE CHILD WILL PARTICIPATE IN ENGLISH AS A SECOND LANGUAGE INSTRUCTION.

2. THE CHILD WILL PARTICIPATE IN A BILINGUAL EDUCATION PROGRAM.

3. THE CHILD WILL NOT PARTICIPATE IN EITHER ENGLISH AS A SECOND LANGUAGE INSTRUCTION OR A BILINGUAL EDUCATION PROGRAM.

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

E. EXCEPT AS PROVIDED IN SUBSECTION F OF THIS SECTION, A SCHOOL DISTRICT SHALL NOT CALCULATE 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 FOUR SCHOOL YEARS AND SHALL REMOVE THE PUPIL FROM THE PROGRAM. PUPILS ENROLLED IN PROGRAMS INSTRUCTING IN NATIVE AMERICAN LANGUAGES INDIGENOUS TO THIS STATE WHICH RECEIVE FUNDING FOR BILINGUAL EDUCATION PURSUANT TO SECTION 15-943 ARE EXCLUDED FROM THE PROVISIONS OF THIS SUBSECTION.

F. THE SCHOOL DISTRICT SHALL NOTIFY THE PARENT THAT THEIR PUPIL WILL BE REMOVED FROM PARTICIPATING IN A BILINGUAL PROGRAM AT LEAST NINETY DAYS PRIOR TO THE PUPIL'S COMPLETION OF THE FOURTH YEAR IN THE PROGRAM. UPON NOTIFICATION REQUIRED IN THIS SUBSECTION, THE PARENT MAY PETITION THE SCHOOL DISTRICT TO CONTINUE THEIR CHILD IN THE BILINGUAL PROGRAM. THE SCHOOL DISTRICT SHALL MAKE A DETERMINATION ON CONTINUING 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 BILINGUAL EDUCATION PROGRAM.

Sec. 2. Section 15-756, Arizona Revised Statutes, is amended to read:

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

A. The superintendent of public instruction shall:

1. Enforce the compliance of school districts with the requirements of this article and report to the state board of education those 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. THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL SEND A COPY OF THE DEPARTMENT'S DATA COLLECTION INSTRUMENT TO THE DIRECTOR OF THE LEGISLATIVE COUNCIL BY MAY 15 OF EACH YEAR. BY AUGUST 15 OF EACH YEAR, THE STAFF OF 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 AND COPIES OF ANY ACCOMPANYING RAW DATA TO THE DIRECTOR OF THE LEGISLATIVE COUNCIL BY JULY 1 OF EACH YEAR.

B. THE STAFF OF THE LEGISLATIVE COUNCIL SHALL ANALYZE AND INTERPRET THE REPORTS SPECIFIED IN SECTION 15-755 AND PRESENT A SUMMARY OF THE FINDINGS TO THE LEGISLATURE BY NOVEMBER 15 OF EACH YEAR. THE SUMMARY OF THE FINDINGS PRESENTED BY THE LEGISLATIVE COUNCIL SHALL INCLUDE A SPECIFIC RECOMMENDATION FOR ADJUSTMENT IN THE LEP WEIGHT PURSUANT TO SECTION 15-943, PARAGRAPH 2, SUBDIVISION (b) , BASED ON ACTUAL COST OF PROVIDING THE PROGRAM.