This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Feb 28, 2023 at 8:25 PM by lpoole.
Representative Candice B. Pierucci proposes the following substitute bill:


1     
FOREIGN LANGUAGE EDUCATION FUNDING AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Candice B. Pierucci

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the funding of foreign language education.
10     Highlighted Provisions:
11          This bill:
12          ▸     includes the state's dual language immersion program in the list of programs for
13     which the Legislature determines the cost of annual enrollment growth and inflation
14     increases;
15          ▸     prohibits a local education agency that provides foreign language instruction from
16     seeking or accepting funding support from a restricted foreign entity; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          This bill appropriates in fiscal year 2024:
20          ▸     to the Minimum School Program - Related to Basic School Programs:
21               •     from the Uniform School Fund, $2,337,000; Ŝ→ and ←Ŝ
22     Ŝ→ [
     ▸     to the State Board of Education - MSP Categorical Program Administration, as a
23     one-time appropriation:
24               •     from the Income Tax Fund, One-time, $320,000; and
] ←Ŝ

25          ▸     to the University of Utah - Education and General, as an ongoing appropriation:

26               •     from the Income Tax Fund, Ŝ→ [
$778,866] $778,900 ←Ŝ .
27     Other Special Clauses:
28          This bill provides a special effective date.
29     Utah Code Sections Affected:
30     AMENDS:
31          53E-10-307, as last amended by Laws of Utah 2022, Chapter 383
32          53F-2-208, as last amended by Laws of Utah 2022, Chapter 1
33          53F-2-502, as last amended by Laws of Utah 2021, Chapter 251
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53E-10-307 is amended to read:
37          53E-10-307. Concurrent enrollment courses for accelerated foreign language
38     students.
39          (1) As used in this section:
40          (a) "Accelerated foreign language student" means an eligible student who has passed a
41     world language Advanced Placement exam.
42          (b) "Blended learning delivery model" means an education delivery model in which a
43     student learns, at least in part:
44          (i) through online learning with an element of student control over time, place, path,
45     and pace; and
46          (ii) in the physical presence of an instructor.
47          (c) "State university" means an institution of higher education that offers courses
48     leading to a bachelor's degree.
49          (2) The University of Utah shall partner with all state universities to develop, as part of
50     the concurrent enrollment program described in this part, concurrent enrollment courses that:
51          (a) are age-appropriate foreign language courses for accelerated foreign language
52     students;
53          (b) count toward a foreign language degree offered by an institution of higher
54     education; and
55          (c) are delivered:
56          (i) using a blended learning delivery model; and

57          (ii) by an eligible instructor described in Subsection 53E-10-302(6)(a).
58          (3) Subject to budget constraints, in addition to the base increases described in Section
59     53F-2-208, the Legislature shall annually increase the money appropriated for concurrent
60     enrollment courses for accelerated foreign language students in proportion to the percentage
61     increase over the previous school year in the value of the weighted pupil unit.
62          Section 2. Section 53F-2-208 is amended to read:
63          53F-2-208. Cost of adjustments for growth and inflation.
64          (1) In accordance with Subsection (2), the Legislature shall annually determine:
65          (a) the estimated state cost of adjusting for inflation in the next fiscal year, based on a
66     rolling five-year average ending in the current fiscal year, ongoing state tax fund appropriations
67     to the following programs:
68          (i) education for youth in custody, described in Section 53E-3-503;
69          (ii) concurrent enrollment courses for accelerated foreign language students described
70     in Section 53E-10-307;
71          [(ii)] (iii) the Basic Program, described in [Title 53F, Chapter 2, Part 3, Basic Program
72     (Weighted Pupil Units)] Part 3, Basic Program (Weighted Pupil Units);
73          [(iii)] (iv) the Adult Education Program, described in Section 53F-2-401;
74          [(iv)] (v) state support of pupil transportation, described in Section 53F-2-402;
75          [(v)] (vi) the Enhancement for Accelerated Students Program, described in Section
76     53F-2-408;
77          [(vi)] (vii) the Concurrent Enrollment Program, described in Section 53F-2-409; [and]
78          [(vii)] (viii) the gang prevention and intervention program, described in Section
79     53F-2-410; and
80          (ix) dual language immersion, described in Section 53F-2-501; and
81          (b) the estimated state cost of adjusting for enrollment growth, in the next fiscal year,
82     the current fiscal year's ongoing state tax fund appropriations to the following programs:
83          (i) a program described in Subsection (1)(a);
84          (ii) educator salary adjustments, described in Section 53F-2-405;
85          (iii) the Teacher Salary Supplement Program, described in Section 53F-2-504;
86          (iv) the Voted and Board Local Levy Guarantee programs, described in Section
87     53F-2-601; and

88          (v) charter school local replacement funding, described in Section 53F-2-702.
89          (2) (a) In or before December each year, the Executive Appropriations Committee shall
90     determine:
91          (i) the cost of the inflation adjustment described in Subsection (1)(a); and
92          (ii) the cost of the enrollment growth adjustment described in Subsection (1)(b).
93          (b) The Executive Appropriations Committee shall make the determinations described
94     in Subsection (2)(a) based on recommendations developed by the Office of the Legislative
95     Fiscal Analyst, in consultation with the state board and the Governor's Office of Planning and
96     Budget.
97          Section 3. Section 53F-2-502 is amended to read:
98          53F-2-502. Dual language immersion.
99          (1) As used in this section:
100          (a) "Dual language immersion" means an instructional setting in which a student
101     receives a portion of instruction in English and a portion of instruction exclusively in a partner
102     language.
103          (b) "Local education agency" or "LEA" means a school district or a charter school.
104          (c) "Participating LEA" means an LEA selected by the state board to receive a grant
105     described in this section.
106          (d) "Partner language" means a language other than English in which instruction is
107     provided in dual language immersion.
108          (e) "Restricted foreign entity means the same as that term is defined in Section
109     53B-1-201.
110          (2) The state board shall:
111          (a) establish a dual language immersion program;
112          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
113     make rules that establish:
114          (i) a grant program for an LEA to receive funding for dual language immersion;
115          (ii) the required qualifications for an LEA to be a participating LEA;
116          (iii) subject to this section, requirements of a participating LEA;
117          (iv) a proficiency assessment for each partner language; and
118          (v) a progression of how a school in a participating LEA adds grade levels in which the

119     school offers dual language immersion; and
120          (c) subject to legislative appropriations:
121          (i) select participating LEAs; and
122          (ii) award to a participating LEA a grant to support dual language immersion in the
123     LEA.
124          (3) A participating LEA shall:
125          (a) establish in a school a full-day dual language immersion instructional model that
126     provides at least 50% of instruction exclusively in a partner language;
127          (b) in accordance with the state board rules described in Subsection (2)(b), add grades
128     in which dual language immersion is provided in a school; and
129          (c) annually administer to each student in grades 3 through 8 who participates in dual
130     language immersion an assessment described in Subsection (2)(b)(iv).
131          (4) The state board shall:
132          (a) provide support to a participating LEA, including by:
133          (i) offering professional learning for dual language immersion educators;
134          (ii) developing curriculum related to dual language immersion; or
135          (iii) providing instructional support for a partner language;
136          (b) conduct a program evaluation of the dual language immersion program established
137     under Subsection (2)(a); and
138          (c) on or before November 1, 2019, report to the Education Interim Committee and the
139     Public Education Appropriations Subcommittee on the results of the program evaluation
140     described in Subsection (4)(b).
141          (5) The state board may, in accordance with Title 63G, Chapter 6a, Utah Procurement
142     Code, contract with a third party to conduct the program evaluation described in Subsection
143     (4)(b).
144          (6) Regardless of whether an LEA is a participating LEA or provides language
145     instruction through another method, beginning July 1, 2024, an LEA may not seek or accept
146     funding support from a restricted foreign entity or an entity that passes on funding support from
147     a restricted foreign entity.
148          (7) Subject to budget constraints, in addition to the base increases described in Section
149     53F-2-208, the Legislature shall annually increase the money appropriated for dual language

150     immersion in proportion to the percentage increase over the previous school year in the value
151     of the weighted pupil unit.
152          Section 4. Appropriation.
153          The following sums of money are appropriated for the fiscal year beginning July 1,
154     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
155     fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
156     Act, the Legislature appropriates the following sums of money from the funds or accounts
157     indicated for the use and support of the government of the state of Utah.
158     ITEM 1
159     To Minimum School Program - Related to Basic School Programs
160          From Uniform School Fund
2,337,000

161          Schedule of Programs:
162               Dual Immersion                              2,337,000
163     Ŝ→ [
ITEM 2
164     To State Board of Education - MSP Categorical Program Administration
165          From Education Fund, One-time
320,000

166          Schedule of Programs:
167               Dual Immersion                              320,000
168          The Legislature intends that the State Board of Education expend appropriations
169     provided under this item:
170          (1) to bridge the funding that an LEA previously received from a foreign government
171     before Subsection 53F-2-502(6) prohibited restricted foreign entity funding; and
172          (2) in fiscal years 2024 and 2025, in an amount not to exceed $160,000 in fiscal year
173     2024, and $160,000 in fiscal year 2025.
174     ITEM 3
] ITEM 2 ←Ŝ

175     To University of Utah - Education and General
176          From Income Tax Fund Ŝ→ [
778,866] 778,900 ←Ŝ

177          Schedule of Programs:
178               Education and General                          Ŝ→ [
778,866] 778,900
178a      ←Ŝ
179          Section 5. Effective date.
180          This bill takes effect on July 1, 2023.