|
REFERENCE TITLE: English language learners |
|
State of Arizona House of Representatives Forty-seventh Legislature Second Regular Session 2006
|
|
HB 2008 |
|
|
|
Introduced by Representatives Boone, Pearce, Pierce, Robson, Tully, Weiers J
|
AN ACT
repealing section 15-756, Arizona Revised Statutes; renumbering section 15‑756.01, Arizona Revised Statutes, as section 15-757; amending title 15, chapter 7, article 3.1, Arizona Revised Statutes, by adding new sections 15‑756 and 15-756.01 and sections 15-756.02 through 15-756.12; amending section 15-943, Arizona Revised Statutes; amending section 15-943, Arizona Revised Statutes, as amended by this act; amending section 41-1279.03, Arizona Revised Statutes; making appropriations; relating to English language learners; providing for conditional enactment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Section 15-756, Arizona Revised Statutes, is repealed.
Sec. 2. Renumber
Section 15-756.01, Arizona Revised Statutes, is renumbered as section 15-757.
Sec. 3. Title 15, chapter 7, article 3.1, Arizona Revised Statutes, is amended by adding new sections 15-756 and 15-756.01 and sections 15-756.02 through 15-756.12, to read:
15-756. Identification of English language learners
A. The primary or home language for all new pupils who enroll in a school district or charter school shall be identified in a manner prescribed by the state board of education.
B. The English language proficiency of all pupils with a primary or home language other than English shall be assessed through the administration of English language proficiency exams in a manner prescribed by the state board of education. The department shall annually request an appropriation to pay for the purchase of all language proficiency tests for school districts and charter schools.
C. If it is determined that the pupil is not English language proficient, the pupil shall be classified as an English language learner and shall be enrolled in an English language education program pursuant to section 15‑752 or 15-753.
15-756.01. Arizona English language learners task force; research based models of structured English immersion for English learners; compensation; definition
A. The Arizona English language learners task force is established within the department of education. the task force shall consist of the following nine members:
1. The superintendent of public instruction or the superintendent's designee.
2. Four members who are appointed by the governor.
3. Two members appointed by the president of the senate.
4. Two members appointed by the speaker of the house of representatives.
B. Members of the task force appointed pursuant to subsection A, paragraphs 2, 3 and 4 of this section shall serve a term of three years. Members of the task force shall elect a chair from among the members of the task force. The department of education shall provide adequate staff support for the task force.
C. The task force shall develop and adopt research based models of structured english immersion for use by school districts and charter schools. The models shall include estimated per-pupil costs for each model, taking into consideration at least the size of the school, the location of the school, the grade levels, class size, classroom aides, the number of English language learners and the percentage of English language learners.
D. The research based models of structured English immersion adopted by the task force shall be the most cost-effective and efficient models available that meet all state and federal laws.
E. The research based models of structured English immersion and the accompanying plans shall be limited to a regular school year.
F. The research based models of structured English immersion shall be submitted by the task force to the president of the senate, the speaker of the house of representatives, the governor and the state board of education.
G. The task force shall review research based models of structured English immersion at least once every five years.
H. The task force shall establish a process to determine the incremental costs for the research based models of structured English immersion.
I. Members of the task force are eligible to receive compensation in the amount of one hundred fifty dollars for each meeting attended, prorated for partial day spent for each meeting, but not to exceed two thousand five hundred dollars each year. All members are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
J. For the purposes of this section, "incremental costs" means costs associated with a structured english immersion program pursuant to section 15-752 or a program pursuant to section 15-753 that are in addition to the normal costs of conducting programs for English proficient students. incremental costs do not include costs that replace the same types of services provided to English proficient students.
15-756.02. Structured English immersion plans; definition
A. Each school district governing board and each governing body of a charter school, in consultation with the county school superintendent, shall adopt a plan to implement structured English immersion on a school by school basis.
B. The department of education, in consultation with the auditor general, shall develop and adopt model forms to be used by school districts and charter schools to complete the structured English immersion plans based on the research based models of structured English immersion adopted by the department. The department shall prescribe the format and components of a structured English immersion plan that addresses at least the components contained in subsection c of this section.
C. Each plan developed by a school district or charter school shall address at least the following:
1. Program components, including:
(a) A description of the school district's or charter school’s structured English immersion program pursuant to section 15-752. If a pupil is enrolled in a program pursuant to section 15-753, the school district or charter school shall include a description of that program.
(b) Demonstration of compliance with federal and state law.
(c) The curriculum to be used at each school, including instructional materials, that is aligned with the academic standards and the English language proficiency standards adopted by the state board of education.
(d) An analysis of how many teachers have full or provisional structured English immersion endorsements.
(e) An analysis of programmatic effectiveness, at a minimum to include prior year data that analyzes the progress of English language learners.
2. Financial components, including:
(a) A detailed budget on a school by school basis including at least the following:
(i) A detailed itemization of all revenues, including federal, state, local and private funding sources that legally may be used for the educational needs of English language learners.
(ii) A detailed itemization of all budgeted and actual expenditures for the current and following fiscal year for the educational needs of English language learners.
(iii) A detailed itemization of all revenues, including federal, state, local and private funding sources that legally may be used for the educational needs of English proficient students.
(iv) A detailed itemization of all budgeted and actual expenditures for the current and following fiscal year for the educational needs of English proficient students.
(b) A request for a specific amount of supplemental monies from the Arizona structured English immersion fund if the estimated incremental costs of the school district’s or charter school’s structured English immersion program exceed the total amount of funding available from all other sources. the request shall include a detailed explanation and justification of the need for the amount of supplemental monies requested.
(c) An analysis of the structured English immersion program and the plan.
3. The signature of the superintendent of the school district and the chief financial officer of the school district or the principal of the charter school and the chief financial officer of the charter school.
D. Each school district and charter school shall submit a structured English immersion plan to the department of education once every two years on or before October 1 for the following two school years. If the school district or charter school makes changes to the plan during this two year period, the plan shall be submitted to the department of education on or before October 1 for the following school year. The department shall forward all plans to the task force established by section 15-756.01. If a school district or charter school does not submit a plan every two years by October 1, the department of education shall select a model plan that the school district or charter school shall implement.
E. If the department of education determines that the plan substantially conforms to a research based model of structured English immersion adopted by the department of education, the department shall approve the plan and the school district or charter school shall implement the plan the following school year.
F. If the department of education determines that the plan does not substantially conform to a research based model structured English immersion plan adopted by the department of education, the task force shall evaluate and analyze the plan to ensure the plan meets the minimum requirements of a structured English immersion plan pursuant to subsection C of this section. If the task force determines that the plan does not meet the minimum requirements, the task force shall evaluate the plan and make recommendations for compliance. The school district or charter school shall provide information as requested by the task force. The plan shall be returned to the school district or charter school for review and revisions. If the task force determines that the plan does meet the minimum requirements, the task force shall notify the department that the plan meets the minimum requirements and the department shall approve the plan and the school district or charter school shall implement the plan the following school year. A school district or charter school may appeal the determination of the department of education pursuant to this subsection to the superior court.
G. For the purposes of this section, "incremental costs" means costs associated with structured English immersion programs pursuant to section 15‑752 or programs pursuant to section 15-753 that are in addition to the normal costs of conducting programs for English proficient students. Incremental costs do not include costs that replace the same types of services provided to English proficient students.
15-756.03. Arizona structured English immersion fund; definition
A. The Arizona structured English immersion fund is established. The department of education shall administer the fund.
B. The department shall submit an annual request for an appropriation for the purposes of this section.
C. The department shall distribute monies from the fund to school districts and charter schools in an amount determined by the department for incremental costs associated with the implementation of structured English immersion instruction.
D. The superintendent of public instruction shall attempt to obtain the maximum amount of federal funding that is available for English language learner programs that apply to the educational needs of English learners.
E. For the purposes of this section, "incremental costs" means costs associated with structured English immersion programs pursuant to section 15‑752 or programs pursuant to section 15-753 that are in addition to the normal costs of conducting programs for English proficient students. incremental costs do not include costs that replace the same types of services provided to English proficient students.
15-756.04. Reassessment and reclassification of English learners
A. The process of reassessment of English learners for the purpose of determining English language proficiency shall be conducted at least annually at the end of each school year in a manner prescribed by the state board of education.
B. A pupil who scores at or above the test publisher's designated score for English proficiency or such other score adopted by the board based on the publisher's designated score shall be considered English proficient. The pupil shall no longer be classified as an English language learner and shall be reclassified as English proficient.
C. A pupil who has attained English proficiency pursuant to this section shall be transferred to English language mainstream classrooms.
15-756.05. Reevaluation of former English language learners
The English language proficiency of each pupil previously classified as an English language learner within the last two years shall be tested annually at the end of each school year, in the same manner as provided in section 15-756, subsection B. The state board of education shall prescribe the manner in which pupils are reevaluated. Pupils who fail to demonstrate English proficiency on the reassessment test in the two years following their exit from structured English immersion, subject to parental consent, shall be reenrolled in structured English immersion pursuant to section 15-752 and may be provided compensatory instruction aimed at curing the skill or knowledge deficits revealed by the reassessment results.
15-756.06. Division of English language acquisition services; duties
The division of English language acquisition services is established within the department of education. The department of education, division of English language acquisition services, shall:
1. Develop guidelines for the monitoring of school districts and charter schools for the purpose of ensuring compliance with all federal and state laws regarding English language learners.
2. Examine the implementation of structured english immersion plans adopted pursuant to section 15-756.02.
3. Examine the implementation of the compensatory instruction plans adopted pursuant to section 15-756.10.
4. In consultation with county school superintendents, develop regional programs to enhance all aspects of training for teachers and administrators.
5. Publish and maintain a publication that includes a list of relevant rules, regulations and statutes relating to English language learner programs to notify school districts and charter schools of their responsibilities.
6. Analyze the revenues available to school districts and charter schools from all federal, state, local and private funding sources that may be used for the educational needs of English language learners.
7. Analyze budgeted and actual expenditures for the previous, the current and the following fiscal year for the educational needs of English language learners for school districts and charter schools. END_STATUTE
15-756.07. Monitoring; corrective action plan
A. The superintendent of public instruction shall direct the department of education:
1. To monitor each year at least twelve school districts or charter schools from the fifty school districts or charter schools in this state with the highest number of English language learners. the department of education shall monitor all fifty school districts or charter schools with the highest number of English language learners in this state at least once every four years.
2. To monitor each year at least ten school districts or charter schools that are not included in the fifty school districts or charter schools described in paragraph 1.
3. To monitor each year at least ten school districts or charter schools that are not required to provide instruction for English language learners for a majority of their grade levels.
4. That the school districts and charter schools described in paragraphs 1, 2 and 3 shall be chosen in the department of education's sole discretion based on the department's review of the reports submitted by school districts and charter schools.
5. To select a random sample of three hundred English language learners each month to determine:
(a) How many of the sample can read the randomly ordered alphabet in thirty seconds or less.
(b) How many of the sample can read a randomly sorted list of thirty single-syllable words in one minute or less.
B. The department of education shall monitor a school district or charter school if the department receives a documented, written complaint from any citizen or a complaint from the United States department of education or from the United States office of civil rights regarding the school district's or charter school's compliance with state or federal law regarding English language learners.
C. The monitoring required by this section shall be on-site monitoring and shall include classroom observations, curriculum reviews, faculty interviews, student records and a review of English language learner programs.
D. Based on the results of the monitoring, the department shall determine whether or not the school district or charter school is complying with state and federal law applicable to English language learners.
E. The department shall issue a report of the results of the monitoring within forty-five days after completing the monitoring.
F. Within sixty days following the issuance of the department's report, the school district or charter school receiving the report shall prepare and submit to the department a corrective action plan, in a manner prescribed by the state board of education, that sets forth steps that will be taken to correct the deficiencies, if any, noted in the department's report.
G. Within thirty days after receiving a school district's or charter school's corrective action plan, the department shall review the corrective action plan and may require changes to the corrective action plan.
H. After the department has reviewed a school district's or charter school's corrective action plan and made any changes the department deems necessary, the department shall return the corrective action plan to the school district or charter school.
I. Within thirty days after receiving a corrective action plan back from the department, the school district or charter school shall begin implementing the measures set forth in the corrective action plan.
J. The department shall conduct a follow-up evaluation of the school district or charter school within one year after the department returned the corrective action plan to the school district or charter school.
K. In conducting the follow-up evaluation, if the department finds that the school district or charter school is not in compliance with state and federal law applicable to English language learners, the department shall refer the school district or charter school to the state board of education for a finding of noncompliance. A school district or charter school found by the board to be noncompliant shall not continue to receive state aid monies for English language learners and shall not reduce the amount of funds spent on the school district's or charter school's English language learner programs despite the loss of state aid monies caused by the noncompliance.
L. The department shall monitor each school district or charter school that the state board of education has found to be noncompliant and that is not receiving state aid monies pursuant to subsection K, to ensure that the school district or charter school does not reduce the amount of funds spent on the school district's or charter school's English language learner programs despite the loss of state aid monies caused by the noncompliance.
15-756.08. Teacher training
A. The state board of education shall determine the qualifications necessary for a provisional and full structured English immersion endorsement.
B. Training may be allowed that is not provided by a college or university to substitute for any of the courses required for a structured English immersion endorsement or a bilingual education endorsement if all of the following conditions apply:
1. The state board of education has reviewed the curriculum, textbooks, grading procedures and attendance policies and determined that the training is comparable in amount, scope and quality to a course offered by a college or university for a structured English immersion or bilingual education endorsement.
2. The training meets the professional teaching standards adopted by the state board of education.
3. The state board of education has reviewed the qualifications of the instructor and determined that the instructor has sufficient experience to effectively conduct the training.
C. The state board of education shall require all approved teacher training programs that provide a degree in education to require courses that are necessary to obtain a full structured english immersion endorsement.
15-756.09. Reporting
The department of education shall:
1. Require each school district and charter school to annually submit a report to the department of education that includes the following information identified by grade level and by school:
(a) The total number of pupils classified as English language learners.
(b) The number of pupils who are classified as English language learners for the first time.
(c) The number of English language learners who achieved English proficiency in the past academic year and who have been reclassified as English proficient.
(d) The number of pupils who are enrolled in each type of language acquisition program offered by the school district or charter school.
(e) If requested by the department of education, the test data used to determine English proficiency.
2. Submit an annual report to the governor, the president of the senate, the speaker of the house of representatives and the state board of education that includes an itemized list of all federal monies received by the department for English language learners and the purposes for which these federal monies are designated. the department shall submit a copy of this report to the secretary of state and the director of the arizona state library, archives and public records.
3. Submit an annual report to the governor, the president of the senate, the speaker of the house of representatives and the state board of education that includes a detailed analysis of whether and to what extent pupils are benefiting academically from compensatory instruction and a comparison of the academic achievement of pupils before and after receiving compensatory instruction. The department shall submit a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.
4. Contract with an independent information technology consultant for the preliminary design of an agency information factory to analyze and evaluate the specific data needs and elements for English language learner programs for the agency information factory.
15-756.10. Statewide compensatory instruction fund; reporting; definition
A. The statewide compensatory instruction fund is established. The department of education shall administer the fund.
B. The department of education shall distribute monies from the fund to school districts and charter schools in an amount determined by the department in the form of grants for compensatory instruction costs. The state is not required to make payments to a school district or charter school pursuant to this section if the monies appropriated are insufficient to meet the requests of school districts and charter schools. If there are insufficient monies in the fund to make the payments to school districts and charter schools in the amounts requested, the department shall prorate the payments to each school district and charter school.
C. School districts and charter schools shall use monies from the fund for improving the English proficiency of current English language learners and pupils who were English language learners who have been reclassified as English proficient within the last two years.
D. School districts and charter schools shall annually submit written compensatory instruction plan requests to the department on or before April 30 for monies from the fund on a form developed by the department. The written compensatory instruction plans shall address at least the following:
1. program components, including:
(a) A description of the school district’s or charter school’s compensatory instruction plan.
(b) Demonstration of compliance with federal and state law.
(c) The curriculum to be used at each school, including instructional materials, that is aligned with the academic standards and the English language proficiency standards adopted by the state board of education.
(d) An analysis of the qualifications of all instructors providing compensatory instruction.
(e) An analysis of programmatic effectiveness, at a minimum to include prior year data that analyzes the progress of English language learners.
2. Financial components, including:
(a) A detailed budget on a school by school basis including at least the following:
(i) A detailed itemization of all revenues, including federal, state, local and private funding sources that legally have been or legally may be used for the compensatory instruction of English language learners.
(ii) A detailed itemization of all budgeted and actual expenditures for the current and following fiscal year for the compensatory instruction of English language learners.
(b) A request for a specific amount of supplemental monies from the statewide compensatory instruction fund. the request shall include a detailed explanation and justification of the need for the amount of supplemental monies requested.
(c) An analysis of the cost-effectiveness of the school district’s or charter school’s compensatory instruction and the plan.
E. The written requests submitted by school districts and charter schools shall be signed by the superintendent of the school district and the chief financial officer of the school district or the principal of the charter school and the chief financial officer of the charter school and shall include detailed itemized requests for grants for one or more of the costs prescribed in subsection D.
F. School districts and charter schools shall not use Monies received from the statewide compensatory instruction fund for compensatory instruction that is also being used to satisfy the requirements of Title I of the Elementary and Secondary Education Act of 1965 (20 United States Code sections 6301 et seq.).
G. For the purposes of this section, "compensatory instruction" means programs in addition to normal classroom instruction for pupils who are not making satisfactory academic progress.
15-756.11. Auditor general; duties
The auditor general shall:
1. Modify the annual financial report prescribed in section 15-904 in order to carry out the provisions of this article.
2. Biennially audit the overall effectiveness of the English language learner program based on performance based outcome measurements and increased English proficiency.
15-756.12. School district and charter schools; responsibility to comply with state and federal law
Nothing in sections 15-756 through 15-756.11 relieves the responsibility of a school district or charter school to comply with all state and federal laws.
Sec. 4. Section 15-943, Arizona Revised Statutes, is amended to read:
15-943. Base support level
The base support level for each school district shall be computed as follows:
1. The following support level weights shall be used in paragraph 2, subdivision (a) for the following school districts:
(a) For school districts whose student count in kindergarten programs and grades one through eight is classified in column 1 of this subdivision, the support level weight for kindergarten programs and grades one through eight is the corresponding support level weight prescribed in column 2 or 3 of this subdivision, whichever is appropriate:
Column 1 Column 2 Column 3
Support Level Weight Support Level Weight
For Small Isolated For Small
Student Count School Districts School Districts
1-99 1.559 1.399
100-499 1.358 + [0.0005 x (500 1.278 + [0.0003 x (500
- student count)] - student count)]
500-599 1.158 + [0.002 x (600 1.158 + [0.0012 x (600
- student count)] - student count)]
(b) For school districts whose student count in grades nine through twelve is classified in column 1 of this subdivision, the support level weight for grades nine through twelve is the corresponding support level weight prescribed in column 2 or 3 of this subdivision, whichever is appropriate:
Column 1 Column 2 Column 3
Support Level Weight Support Level Weight
For Small Isolated For Small
Student Count School Districts School Districts
1-99 1.669 1.559
100-499 1.468 + [0.0005 x (500 1.398 + [0.0004 x (500
- student count)] – student count)]
500-599 1.268 + [0.002 x (600 1.268 + [0.0013 x (600
- student count)] – student count)]
2. Subject to paragraph 1, determine the weighted student count as follows:
(a)
Support Weighted
Level Student Student
Grade Base Group A Weight Count Count
PSD 1.000 + 0.450 = 1.450 x =
K-8 1.000 + 0.158 = 1.158 x =
9-12 1.163 + 0.105 = 1.268 x =
Subtotal A
(b)
Support Weighted
Funding Level Student Student
Category Weight Count Count
HI 4.771 x =
K-3 0.060 x =
ELL 0.115 x _______ = ____________
0.140
MD-R, A-R and
SMR-R 6.024 x =
MD-SC, A-SC and
SMR-SC 5.833 x =
MD-SSI 6.531 x =
OI-R 3.158 x =
OI-SC 5.576 x =
P-SD 3.595 x =
ED, MIMR, SLD,
SLI and OHI 0.003 x =
ED-P 4.647 x =
MOMR 4.421 x =
VI 4.806 x =
Subtotal B
(c) Total of subtotals A and B:
3. Multiply the total determined in paragraph 2 by the base level.
4. Multiply the teacher experience index of the district or 1.00, whichever is greater, by the product obtained in paragraph 3.
Sec. 5. Section 15-943, Arizona Revised Statutes, as amended by section 4 of this act, is amended to read:
15-943. Base support level
The base support level for each school district shall be computed as follows:
1. The following support level weights shall be used in paragraph 2, subdivision (a) for the following school districts:
(a) For school districts whose student count in kindergarten programs and grades one through eight is classified in column 1 of this subdivision, the support level weight for kindergarten programs and grades one through eight is the corresponding support level weight prescribed in column 2 or 3 of this subdivision, whichever is appropriate:
Column 1 Column 2 Column 3
Support Level Weight Support Level Weight
For Small Isolated For Small
Student Count School Districts School Districts
1-99 1.559 1.399
100-499 1.358 + [0.0005 x (500 1.278 + [0.0003 x (500
- student count)] - student count)]
500-599 1.158 + [0.002 x (600 1.158 + [0.0012 x (600
- student count)] - student count)]
(b) For school districts whose student count in grades nine through twelve is classified in column 1 of this subdivision, the support level weight for grades nine through twelve is the corresponding support level weight prescribed in column 2 or 3 of this subdivision, whichever is appropriate:
Column 1 Column 2 Column 3
Support Level Weight Support Level Weight
For Small Isolated For Small
Student Count School Districts School Districts
1-99 1.669 1.559
100-499 1.468 + [0.0005 x (500 1.398 + [0.0004 x (500
- student count)] – student count)]
500-599 1.268 + [0.002 x (600 1.268 + [0.0013 x (600
- student count)] – student count)]
2. Subject to paragraph 1, determine the weighted student count as follows:
(a)
Support Weighted
Level Student Student
Grade Base Group A Weight Count Count
PSD 1.000 + 0.450 = 1.450 x =
K-8 1.000 + 0.158 = 1.158 x =
9-12 1.163 + 0.105 = 1.268 x =
Subtotal A
(b)
Support Weighted
Funding Level Student Student
Category Weight Count Count
HI 4.771 x =
K-3 0.060 x =
ELL 0.140 x _______ = ____________
MD-R, A-R and
SMR-R 6.024 x =
MD-SC, A-SC and
SMR-SC 5.833 x =
MD-SSI 6.531 x =
OI-R 3.158 x =
OI-SC 5.576 x =
P-SD 3.595 x =
ED, MIMR, SLD,
SLI and OHI 0.003 x =
ED-P 4.647 x =
MOMR 4.421 x =
VI 4.806 x =
Subtotal B
(c) Total of subtotals A and B:
3. Multiply the total determined in paragraph 2 by the base level.
4. Multiply the teacher experience index of the district or 1.00, whichever is greater, by the product obtained in paragraph 3.
Sec. 6. Section 41-1279.03, Arizona Revised Statutes, is amended to read:
41-1279.03. Powers and duties
A. The auditor general shall:
1. Prepare an audit plan for approval by the committee and report to the committee the results of each audit and investigation and other reviews conducted by the auditor general.
2. Conduct or cause to be conducted at least biennial financial and compliance audits of financial transactions and accounts kept by or for all state agencies subject to the single audit act of 1984 (P.L. 98‑502). The audits shall be conducted in accordance with generally accepted governmental auditing standards and accordingly shall include tests of the accounting records and other auditing procedures as may be considered necessary in the circumstances. The audits shall include the issuance of suitable reports as required by the single audit act of 1984 (P.L. 98‑502) so the legislature, federal government and others will be informed as to the adequacy of financial statements of the state in compliance with generally accepted governmental accounting principles and to determine whether the state has complied with laws and regulations that may have a material effect on the financial statements and on major federal assistance programs.
3. Perform procedural reviews for all state agencies at times determined by the auditor general. These reviews may include evaluation of administrative and accounting internal controls and reports on such reviews.
4. Perform special research requests, special audits and related assignments as designated by the committee and conduct performance audits, special audits, special research requests and investigations of any state agency, whether created by the constitution or otherwise, as may be requested by the committee.
5. Annually on or before the fourth Monday of December prepare a written report to the governor and to the committee which contains a summary of activities for the previous fiscal year.
6. In the tenth year and in each fifth year thereafter in which a transportation excise tax is in effect in a county as provided in section 42‑6104, 42‑6106 or 42‑6107 conduct a performance audit that:
(a) Reviews past expenditures and future planned expenditures of the transportation excise revenues and determines the impact of the expenditures in solving transportation problems within the county and, for a transportation excise tax in effect in a county as provided in section 42‑6107, determines whether the expenditures of the transportation excise revenues comply with section 28‑6392, subsection B.
(b) Reviews projects completed to date and projects to be completed during the remaining years in which a transportation excise tax is in effect. Within six months after each review period the auditor general shall present a report to the speaker of the house of representatives and the president of the senate detailing findings and making recommendations. If the parameters of the performance audit are set by the citizens transportation oversight committee, the auditor general shall also present the report to the citizens transportation oversight committee.
(c) Reviews, determines, reports and makes recommendations to the speaker of the house of representatives and the president of the senate whether the distribution of highway user revenues complies with title 28, chapter 18, article 2. If the parameters of the performance audit are set by the citizens transportation oversight committee, the auditor general shall also present the report to the citizens transportation oversight committee.
7. If requested by the committee, conduct performance audits of counties and incorporated cities and towns receiving highway user revenue fund monies pursuant to title 28, chapter 18, article 2 to determine if the monies are being spent as provided in section 28‑6533, subsection B.
8. Perform special audits designated pursuant to law if the auditor general determines that there are adequate monies appropriated for the auditor general to complete the audit. If the auditor general determines the appropriated monies are inadequate, the auditor general shall notify the committee.
9. Beginning on July 1, 2001, establish a school‑wide audit team in the office of the auditor general to conduct performance audits and monitor school districts to determine the percentage of every dollar spent in the classroom by a school district. The performance audits shall determine whether school districts that receive monies from the Arizona structured English immersion fund established by section 15-756.03 and the statewide compensatory instruction fund established by section 15-756.10 are in compliance with title 15, chapter 7, article 3.1. The auditor general shall determine, through random selection, the school districts to be audited each year, subject to review by the joint legislative audit committee. A school district that is subject to an audit pursuant to this paragraph shall notify the auditor general in writing as to whether the school district agrees or disagrees with the findings and recommendations of the audit and whether the school district will implement the findings and recommendations, implement modifications to the findings and recommendations or refuse to implement the findings and recommendations. The school district shall submit to the auditor general a written status report on the implementation of the audit findings and recommendations every six months for two years after an audit conducted pursuant to this paragraph. The auditor general shall review the school district's progress toward implementing the findings and recommendations of the audit every six months after receipt of the district's status report for two years. The auditor general may review a school district's progress beyond this two‑year period for recommendations that have not yet been implemented by the school district. The auditor general shall provide a status report of these reviews to the joint legislative audit committee. The school district shall participate in any hearing scheduled during this review period by the joint legislative audit committee or by any other legislative committee designated by the joint legislative audit committee.
B. The auditor general may:
1. Subject to approval by the committee, adopt rules necessary to administer the duties of the office.
2. Hire consultants to conduct the studies required by subsection A, paragraphs 6 and 7 of this section.
C. If approved by the committee the auditor general may charge a reasonable fee for the cost of performing audits or providing accounting services for auditing federal funds, special audits or special services requested by political subdivisions of the state. Monies collected pursuant to this subsection shall be deposited in the audit services revolving fund.
D. The department of transportation, the board of supervisors of a county that has approved a county transportation excise tax as provided in section 42‑6104, 42‑6106 or 42‑6107 and the governing bodies of counties, cities and towns receiving highway user revenue fund monies shall cooperate with and provide necessary information to the auditor general or the auditor general's consultant.
E. The department of transportation shall reimburse the auditor general as follows, and the auditor general shall deposit the reimbursed monies in the audit services revolving fund:
1. For the cost of conducting the studies or hiring a consultant to conduct the studies required by subsection A, paragraph 6, subdivisions (a) and (b) of this section, from monies collected pursuant to a county transportation excise tax levied pursuant to section 42‑6104, 42‑6106 or 42‑6107.
2. For the cost of conducting the studies or hiring a consultant pursuant to subsection A, paragraph 6, subdivision (c) and paragraph 7 of this section, from the Arizona highway user revenue fund.
Sec. 7. School district and charter school English language learner plans; initial submittals
Notwithstanding section 15-756.02, Arizona Revised Statutes, as added by this act:
1. In fiscal year 2006-2007, each school district and charter school in this state shall submit a structured English immersion plan to the department of education.
2. In fiscal year 2007-2008, fifty per cent of the school districts and charter schools in this state, as randomly selected by the department of education, shall submit structured English immersion plans to the department of education. Beginning in fiscal year 2009-2010, these school districts and charter schools shall submit structured English immersion plans every other year to the department of education as prescribed in section 15-756.02, Arizona Revised Statutes, as added by this act.
3. In fiscal year 2008-2009, the school districts and charter schools in this state that were not randomly selected by the department of education pursuant to paragraph 2 of this section shall submit structured English immersion plans to the department of education. Beginning in fiscal year 2010-2011, these school districts and charter schools shall submit structured English immersion plans every other year to the department of education as prescribed in section 15-756.02, Arizona Revised Statutes, as added by this act.
Sec. 8. Appropriation; compensatory instruction grants; exemption
A. The sum of $10,000,000 is appropriated from the state general fund in fiscal year 2006-2007 to the department of education for distribution of grants to school districts and charter schools from the statewide compensatory instruction fund as prescribed in section 15-756.10, Arizona Revised Statutes, as added by this act.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 9. Appropriation; English language acquisition services; exemption
A. The sum of $2,310,000 is appropriated from the state general fund in fiscal year 2006-2007 to the department of education for up to 20 FTE positions to provide English language acquisition services for the purposes of section 15‑756.06, Arizona Revised Statutes, as added by this act.
B. The department of education may use the monies appropriated pursuant to subsection A of this section to contract with a third party to carry out the purposes of section 15-756.06, Arizona Revised Statutes, as added by this act.
C. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 10. Department of education; transfer of monies previously appropriated
The department of education shall transfer $13,500,000 from the monies previously appropriated pursuant to Laws 2001, second special session, chapter 9, section 11 to the state treasurer for deposit in the state general fund.
Sec. 11. Appropriation; teacher reimbursement; exemption
A. The sum of $13,500,000 is appropriated from the state general fund in fiscal year 2006-2007 to the department of education for distribution to school districts and charter schools to pay teachers for reimbursement for the successful completion of courses or other training prescribed in section 15-756.08, Arizona Revised Statutes, as added by this act, that is required to acquire a structured English immersion endorsement or a bilingual education endorsement as prescribed by rules adopted by the state board of education.
B. If federal monies are received by the department of education for the specific purposes for which monies are appropriated pursuant to this section, the department of education shall revert the portion of the state general fund appropriation received equal to the federal dollars received for this purpose in the year that federal monies are received, if the reversion is consistent with federal law.
C. The appropriation made in this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 12. Appropriation; English language proficiency tests; exemption
A. The sum of $1,800,000 is appropriated from the state general fund in fiscal year 2006-2007 to the department of education for the costs of providing English language proficiency tests to school districts and charter schools for the purposes of title 15, chapter 7, article 3.1, Arizona Revised Statutes, as amended by this act.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 13. Appropriation; task force expenses; exemption
A. The sum of $200,000 is appropriated from the state general fund in fiscal year 2006-2007 to the department of education division of English language acquisition services for compensation to Arizona English language learners task force members.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 14. Appropriation; auditor general; evaluation and compliance; exemption
A. The sum of $1,000,000 is appropriated from the state general fund in fiscal year 2006-2007 to the office of the auditor general for the purposes prescribed in section 15-756.11, Arizona Revised Statutes, as added by this act.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 15. Transfer of monies previously appropriated
Of the $10,000,000 that the department of education transferred from the amount appropriated for additional state aid in Laws 2004, chapter 275, section 18 to the amount appropriated for achievement testing, the department of education shall revert the sum of $7,000,000 to the state general fund.
Sec. 16. Appropriations; purpose
A. The sum of $7,000,000 is appropriated from the state general fund to the department of education in fiscal year 2006-2007 for distribution to schools and charter schools for the increased support level weight for pupils that qualify for the ELL funding category as prescribed in section 15-943, Arizona Revised Statutes, as amended by section 4 of this act.
B. The sum of $6,500,000 is appropriated from the budget stabilization fund established by section 35-144, Arizona Revised Statutes, to the department of education in fiscal year 2006-2007 for distribution to schools and charter schools for the increased support level weight for pupils who qualify for the ELL funding category as prescribed in section 15-943, Arizona Revised Statutes, as amended by section 4 of this act.
Sec. 17. Intent
A. The legislature declares that it has grave concerns regarding the validity and reliability of the cost study performed by the National Conference of State Legislatures pursuant to Laws 2001, second special session, chapter 9, section 8. The cost study used what it referred to as the "professional judgment approach" to determine incremental costs for English language learners, yet acknowledged that this kind of approach "depends on the judgments of educational professionals in identifying strategies rather than research that actually shows a linkage between the strategy and student performance".
B. Beginning in fiscal year 2007-2008, the legislature intends to replace the current, "one size fits all", system of funding the English language learner group B weight by enacting a comprehensive, efficient and cost-effective program of developing research based models of structured English immersion that comply with all state and federal laws for use by school districts and charter schools and funding the incremental costs of the research based models that are in addition to the normal costs of conducting programs for English proficient students. Furthermore, classification of a pupil as an English language learner is fundamentally different than the classification of a pupil as qualified for any other group B weight category.
C. The legislature declares that the costs of implementing the new English language learner programs cannot be determined until the Arizona English language learners task force develops the research based models, as required by this act.
D. For fiscal year 2006-2007, the legislature is appropriating additional monies to fund an increase in the English language learner group B weight, in an effort to provide additional resources to school districts and charter schools for enhanced effectiveness of English language learner programs that comply with all state and federal laws.
E. The legislature intends that structured English immersion programs be subject to enhanced monitoring and compliance requirements, including effective audit and reporting requirements.
Sec. 18. Effective date
Section 15-943, Arizona Revised Statutes, as amended by section 5 of this act, is effective from and after June 30, 2007.
Sec. 19. Retroactivity
Section 15 of this act, relating to the transfer of previously appropriated monies, applies retroactively to from and after May 12, 2006.
Sec. 20. Conditional enactment; group B weight increase; appropriation; notice
A. Section 15-943, Arizona Revised Statutes, as amended by section 4 of this act and section 16 of this act, relating to appropriations to the department of education, shall not become effective unless the United States District court for the district of Arizona in the case of Flores v. State of Arizona, No. CIV 92-596-TUC-RCC, issues an order that, by this act, the state has taken appropriate action to establish a program that addresses the orders in the case and, at least on an interim basis, the court will permit this act to be fully implemented to determine whether the resulting ELL plans and available funding to implement the plans bear a rational relationship to the cost of implementing appropriate language acquisition programs.
B. The superintendent of public instruction shall notify the executive director of the Arizona Legislative Council in writing if the condition prescribed in subsection A of this section is met. This notice shall include the date on which the condition is met.