H.B. 111

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 17, 2003 at 11:34 AM by kholt. --> 1

PUBLIC EDUCATION - ALTERNATIVE
2 LANGUAGE PROGRAMS
3 2003 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
7 the State Board of Education and each school district to create an alternative language
8 services master plan. This act requires the state superintendent of public instruction to
9 appoint an alternative language services coordinator and requires the State Board of
10 Education to hire an external evaluator to conduct an evaluation of alternative language
11 programs and to provide technical assistance. This act appropriates $3,528,564 for fiscal
12 year 2003-04 and as an ongoing appropriation from the Uniform School Fund to the State
13 Board of Education for alternative language services. This act takes effect on July 1,
14 2003.
15 This act affects sections of Utah Code Annotated 1953 as follows:
16 ENACTS:
17 53A-15-1001, Utah Code Annotated 1953
18 53A-15-1002, Utah Code Annotated 1953
19 53A-15-1003, Utah Code Annotated 1953
20 53A-15-1004, Utah Code Annotated 1953
21 53A-17a-131.20, Utah Code Annotated 1953
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 53A-15-1001 is enacted to read:
24 Part 10. Alternative Language Services
25 53A-15-1001. Definitions.
26 As used in this part:
27 (1) "Alternative language services" means services for English language learners.

28 (2) "English language learner" means a national origin minority student who has
29 limited English proficiency.
30 Section 2. Section 53A-15-1002 is enacted to read:
31 53A-15-1002. Alternative language services master plans.
32 (1) The State Board of Education shall create an alternative language services master
33 plan for the state, which shall establish guidelines for the provision of alternative language
34 services by school districts. The guidelines shall include recommendations for:
35 (a) teacher and staff qualifications and professional development;
36 (b) identification of English language learners;
37 (c) research-based instructional programs;
38 (d) assessment and monitoring of English language learners':
39 (i) mastery of the core curriculum; and
40 (ii) progress in acquiring English language literacy at grade level; and
41 (e) program evaluation.
42 (2) Each school district shall create an alternative language services master plan for the
43 district, which shall be consistent with the state alternative language services master plan.
44 Section 3. Section 53A-15-1003 is enacted to read:
45 53A-15-1003. Alternative language services coordinator.
46 (1) The state superintendent of public instruction shall appoint an alternative language
47 services coordinator.
48 (2) The alternative language services coordinator shall:
49 (a) administer state and federal alternative language services programs; and
50 (b) assist school districts in developing and implementing their alternative language
51 services master plans.
52 Section 4. Section 53A-15-1004 is enacted to read:
53 53A-15-1004. Evaluation of alternative language services -- Technical assistance.
54 (1) h [ The ] EFFECTIVE FISCAL YEAR 2005-06, THE h State Board of Education shall employ,
54a after conducting a national search, a
55 third-party evaluator to:
56 (a) evaluate:
57 (i) English language learners' mastery of the core curriculum;

58 (ii) the progress of English language learners in acquiring English language literacy at

59 grade level;
60 (iii) professional development efforts of school districts designed to enhance educators'
61 proficiency in delivering alternative language services; and
62 (iv) the implementation of programs outlined in school districts' alternative language
63 services master plans; and
64 (b) provide technical assistance to school districts in implementing their alternative
65 language services master plans.
66 (2) The individual employed as the third-party evaluator shall be a highly qualified and
67 effective practitioner with at least ten years experience establishing research-based and
68 effective practices for teaching English language learners.
69 (3) The State Board of Education shall require school districts to submit information to
70 the board that the board determines is necessary to conduct the evaluation described in
71 Subsection (1).
72 Section 5. Section 53A-17a-131.20 is enacted to read:
73 53A-17a-131.20. Appropriation for alternative language services.
74 (1) h (a) h Subject to future budget constraints, there is appropriated, as an ongoing
75 appropriation, $3,528,564 for fiscal year 2003-04 from the Uniform School Fund to the State
76 Board of Education h [ : ] . h
76a h (b)(i) THE STATE BOARD OF EDUCATION MAY USE UP TO $242,500 OF THE MONEY
76b APPROPRIATED IN SUBSECTION (1) TO PAY FOR:
76c (A) SALARY AND EXPENSES OF STATE OFFICE OF EDUCATION PERSONNEL WHO
76d ADMINISTER ALTERNATIVE LANGUAGE SERVICES PROGRAMS; AND
76e (B) CONTRACTED TECHNICAL ASSISTANCE PROCURED FOR DEVELOPING AND
76f IMPLEMENTING STATE AND SCHOOL DISTRICT ALTERNATIVE LANGUAGE SERVICES MASTER
76g PLANS.
76h (ii) THE REMAINING MONEY SHALL BE USED:
76i (A) AS A FUNDING BASE FOR SCHOOL DISTRICTS TO PROVIDE ALTERNATIVE LANGUAGE
76j SERVICES AS DEFINED IN SECTION 53A-15-1004; AND
76k (B) EFFECTIVE FISCAL YEAR 2005-06, TO PAY FOR THE COST OF A THIRD-PARTY
76l EVALUATOR AS PROVIDED IN SECTION 53A-15-1004. h
77 h [ (a) as a funding base for school districts to provide alternative language services as
78 defined in Section 53A-15-1001 ; and
79 (b) to pay for the cost of a third-party evaluator as provided in Section 53A-15-1004 . ] h
80 (2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
81 State Board of Education shall make rules establishing procedures and criteria for the
82 allocation of the money appropriated in Subsection (1).

83 (3) The State Board of Education shall distribute the money appropriated in Subsection
84 (1) to school districts as provided in board rules.
85 Section 6. Effective date.
86 This act takes effect on July 1, 2003.

Legislative Review Note
as of 1-17-03 11:30 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel