First Substitute H.B. 150

Representative Duane E. Bourdeaux proposes the following substitute bill:

1 PUBLIC EDUCATION - ALTERNATIVE
2 LANGUAGE PROGRAMS
3 2002 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Duane E. Bourdeaux
6 This act modifies provisions related to the State System of Public Education by requiring the
7 State Board of Education and each school district to create an alternative language services
8 master plan. This act requires school districts to use a portion of state funds appropriated
9 for professional development to increase educators' proficiency in delivering alternative
10 language services.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 53A-3-701, as enacted by Chapter 335, Laws of Utah 2001
14 ENACTS:
15 53A-15-1001, Utah Code Annotated 1953
16 53A-15-1002, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 53A-3-701 is amended to read:
19 53A-3-701. School and school district professional development plans.
20 (1) (a) Each public school and school district shall develop and implement a systematic,
21 comprehensive, and long-term plan for staff professional development.
22 (b) Each school shall use its community council, school directors, or a subcommittee of
23 the community council as described in [Subsection] Section 53A-16-101.5 [(4)] to help develop
24 and implement the plan.
25 (2) Each plan shall include the following components:

26 (a) an alignment of professional development activities at the school and school district
27 level with:
28 (i) the School LAND Trust Program authorized under Section 53A-16-101.5 ;
29 (ii) the Utah Performance Assessment System for Students under Title 53A, Chapter 1,
30 Part 6, Achievement Tests;
31 (iii) the Educational Technology Initiative under Title 53A, Chapter 1, Part 7, Educational
32 Technology Programs;
33 (iv) [Sections 53A-6-101 and] Section 53A-6-104 of the Educator Licensing and
34 Professional Practices Act;
35 (v) Title 53A, Chapter 9, Teacher Career Ladders; [and]
36 (vi) Title 53A, Chapter 10, Educator Evaluation; and
37 (vii) Title 53A, Chapter 15, Part 10, Alternative Language Services;
38 (b) provision for the development of internal instructional leadership and support;
39 (c) the periodic presence of all stakeholders at the same time in the professional
40 development process, to include administrators, educators, support staff, parents, and students;
41 (d) provisions for the use of consultants to enhance and evaluators to assess the
42 effectiveness of the plan as implemented; and
43 (e) the time required for and the anticipated costs of implementing and maintaining the
44 plan.
45 (3) (a) Each local school board shall review and either approve or recommend
46 modifications for each school plan within its district so that each school's plan is compatible with
47 the district plan.
48 (b) The board shall:
49 (i) provide positive and meaningful assistance to a school, if requested by its community
50 council or school directors, in drafting and implementing its plan; and
51 (ii) monitor the progress of each school plan and hold each school accountable for meeting
52 the objectives of its plan.
53 (4) (a) The State Board of Education, through the superintendent of public instruction,
54 shall work with school districts to identify the resources required to implement and maintain each
55 school's and school district's professional development plan required under this section.
56 (b) (i) The state board shall make an annual budget recommendation to the Legislature for

57 state funding of professional development plans under this section.
58 (ii) The recommendation shall take into account:
59 (A) monies that could be used for professional development from the programs listed in
60 Subsection (2)(a); and
61 (B) the professional development block grant program authorized under the Minimum
62 School Program Act.
63 (5) (a) For the fiscal year beginning July 1, 2001, school districts shall use $10,000,000
64 of the school professional development appropriation made in Section 53A-17a-124 , for teacher
65 professional development days beyond the regular school year as follows:
66 (i) each school district shall use its allocation for teacher professional development related
67 to implementing and maintaining the Utah Performance Assessment System for Students and may
68 use such training models as Schools for All and Urban Learning Centers in its professional
69 development program; and
70 (ii) monies for these two additional days shall be allocated to a school district without
71 requiring matching monies.
72 (b) For the fiscal year beginning July 1, 2002, the Legislature shall [increase the funding]
73 appropriate monies for teacher professional development under Section 53A-17a-124 [and
74 Subsection (5)(a)] to provide for [a total of three] two days of teacher professional development
75 beyond the regular school year. Each school district shall use its allocation for professional
76 development:
77 (i) related to implementing and maintaining the Utah Performance Assessment System for
78 Students[.]; and
79 (ii) to increase educators' proficiency in delivering alternative language services as defined
80 in Section 53A-15-1001 .
81 (c) Schools are urged to collaborate with one another in the implementation of the teacher
82 development program under this Subsection (5)[(a)] to maximize the effectiveness of the
83 appropriation.
84 (d) It is the intent of the Legislature that of the $10,000,000 allocated to school districts
85 for additional days $42,305 shall be allocated to the Utah Schools for the Deaf and the Blind per
86 day for each additional day funded.
87 Section 2. Section 53A-15-1001 is enacted to read:

88 Part 10. Alternative Language Services
89 53A-15-1001. Definitions.
90 As used in this part:
91 (1) "Alternative language services" means services for English language learners.
92 (2) "English language learner" means a student who:
93 (a) is at least three years of age and less than 22 years of age; and
94 (b) has limited English proficiency as defined in 20 U.S.C. Sec. 7601.
95 Section 3. Section 53A-15-1002 is enacted to read:
96 53A-15-1002. Alternative language services master plans.
97 (1) The State Board of Education shall create an alternative language services master plan
98 for the state, which shall establish guidelines for the provision of alternative language services by
99 school districts. The guidelines shall include recommendations for:
100 (a) teacher and staff qualifications and professional development;
101 (b) identification of English language learners;
102 (c) instructional programs;
103 (d) assessment and monitoring of English language learners' academic performance and
104 progress in acquiring English language literacy; and
105 (e) program evaluation.
106 (2) Each school district shall create an alternative language services master plan for the
107 district, which shall be consistent with the state alternative language services master plan.