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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;
22 ▸ 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
25 ▸ to the University of Utah - Education and General, as an ongoing appropriation:
26 • from the Income Tax Fund, $778,866.
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
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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 [
72
73 [
74 [
75 [
76 53F-2-408;
77 [
78 [
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 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
175 To University of Utah - Education and General
176 From Income Tax Fund
778,866
177 Schedule of Programs:
178 Education and General 778,866
179 Section 5. Effective date.
180 This bill takes effect on July 1, 2023.