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S1195............................................................by FINANCE SCHOOLS - LIMITED-ENGLISH PROFICIENCY - Adds to existing law to establish a program of limited-English proficiency early intervention to be conducted by school districts for students who are five years of age; to provide a special demonstration program for students who are four years of age; to provide funding; to create an oversight committee; and to provide a sunset date. 03/02 Senate intro - 1st rdg - to printing 03/05 Rpt prt - to Educ 03/12 Rpt out - rec d/p - to 2nd rdg 03/13 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 25-9-1 AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Ingram, Keough, King-Barrutia, Noh, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Wheeler, Whitworth, Williams, NAYS -- Branch(Bartlett), Geddes, Goedde, Hawkins, Ipsen, Lee, Lodge, Richardson, Thorne Absent and excused -- Sims Floor Sponsor -- Cameron Title apvd - to House 03/15 House intro - 1st rdg - to Approp 03/20 Rpt out - ref'd to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1195 BY FINANCE COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC SCHOOL PROGRAMS FOR STUDENTS WITH LIMITED-ENGLISH PROFI- 3 CIENCY; AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDITION OF A 4 NEW SECTION 33-1003D, IDAHO CODE, TO PROVIDE A PROGRAM OF LIMITED-ENGLISH 5 PROFICIENCY EARLY INTERVENTION TO BE CONDUCTED BY SCHOOL DISTRICTS, TO 6 PROVIDE STANDARDS FOR THE PROGRAM TO BE ADOPTED AND TO PROVIDE FOR EVALUA- 7 TION; AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW 8 SECTION 33-1003E, IDAHO CODE, TO PROVIDE A SPECIAL DEMONSTRATION PROGRAM 9 FOR STUDENTS FOUR YEARS OF AGE UNDER GUIDELINES ESTABLISHED BY THE DEPART- 10 MENT OF EDUCATION; AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDI- 11 TION OF A NEW SECTION 33-1003F, IDAHO CODE, TO PROVIDE FUNDING FOR 12 LIMITED-ENGLISH PROFICIENCY EARLY INTERVENTION PROGRAMS; AMENDING CHAPTER 13 10, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-1003G, IDAHO 14 CODE, TO CREATE AN OVERSIGHT COMMITTEE TO RECEIVE RECOMMENDATIONS AND TO 15 MAKE A REPORT; AND PROVIDING A SUNSET DATE TO THE PROVISIONS OF THIS ACT. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Chapter 10, Title 33, Idaho Code, be, and the same is 18 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 19 ignated as Section 33-1003D, Idaho Code, and to read as follows: 20 33-1003D. LIMITED-ENGLISH PROFICIENCY EARLY INTERVENTION. (1) The board 21 of trustees of any school district of this state may establish a limited- 22 English proficiency early intervention program which complies with the provi- 23 sions of this section. The state department of education shall establish stan- 24 dards and guidelines for limited-English proficiency early intervention pro- 25 grams. As a condition of payment for costs incurred in a district program, the 26 district shall submit, not less than thirty (30) calendar days prior to the 27 proposed commencement of the program, a district plan which meets the minimum 28 requirements established by the state department. Districts may, by written 29 agreement, conduct a program jointly and designate one (1) of the districts 30 the operating district. A district may accept for enrollment students who 31 otherwise qualify for a program but who are not residents of the district. 32 (2) Standards adopted by the state department shall include, but not be 33 limited to, a requirement that the regular program be available to children 34 five (5) years of age who demonstrate limited-English proficiency as deter- 35 mined by rules promulgated by the department. Programs shall make provisions 36 for parental participation. The limited-English proficiency early intervention 37 program shall be conducted as an extended program for eligible pupils during 38 the regular school year. The program shall be directly supervised by a certif- 39 icated teacher or administrator, but instructional providers are not required 40 to be certificated instructional personnel. 41 (3) Each school district which has completed an approved course or 42 courses in a limited-English proficiency early intervention program shall sub- 43 mit an evaluation to the state department of education not later than one (1) 2 1 week after the close of the regular school session showing: 2 (a) The average daily attendance; and 3 (b) The total cost of operation of the program; and 4 (c) Such additional information as the department may require. 5 SECTION 2. That Chapter 10, Title 33, Idaho Code, be, and the same is 6 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 7 ignated as Section 33-1003E, Idaho Code, and to read as follows: 8 33-1003E. SPECIAL DEMONSTRATION PROGRAM. The state department of educa- 9 tion shall choose from among applicants for the purpose, twelve (12) demon- 10 stration schools to conduct a limited-English proficiency early intervention 11 program for students four (4) years of age. The department shall establish 12 guidelines to govern the program. 13 SECTION 3. That Chapter 10, Title 33, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 15 ignated as Section 33-1003F, Idaho Code, and to read as follows: 16 33-1003F. FUNDING PROVISIONS. Support for regular limited-English profi- 17 ciency programs shall be computed by the department from the first Friday in 18 November enrollment reports, using an attendance divisor of fifteen (15) mul- 19 tiplied by the prior year's support unit distribution factor. The programs 20 shall not be included in the current year foundation program calculations but 21 shall be reimbursed to the district at one hundred percent (100%) of the pre- 22 vious year's reimbursable costs. Students in attendance at a limited-English 23 proficiency early intervention program shall be eligible for state reimbursed 24 school transportation provided that they use regular bus routes established 25 for K-12 education during the regular school year. 26 SECTION 4. That Chapter 10, Title 33, Idaho Code, be, and the same is 27 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 28 ignated as Section 33-1003G, Idaho Code, and to read as follows: 29 33-1003G. OVERSIGHT COMMITTEE. To assess the impact and make recommenda- 30 tions concerning the program, there is hereby created an oversight committee 31 composed of the chairmen of the senate and house of representatives education 32 committees or their designees, the president pro tempore of the senate and the 33 speaker of the house of representatives, the minority leader of the senate and 34 the minority leader of the house of representatives or their designees, a des- 35 ignee of the governor and a designee of the superintendent of public instruc- 36 tion. The committee shall receive evaluations of the limited-English profi- 37 ciency early intervention program from the state department of education and 38 other interested parties and make recommendations to the legislature. 39 SECTION 5. The provisions of Sections 1, 2, 3 and 4 of this act shall be 40 null, void and of no force and effect on and after June 1, 2003, except that 41 reimbursement due to a district in the ensuing school year based upon a pro- 42 gram conducted in the just completed school year shall be made as provided by 43 Section 3 of this act.
STATEMENT OF PURPOSE RS 11196C1 The purpose of this program is to provide success in first and later grades for limited-English proficiency students. The overwhelming majority of students who are not fluent in English fail to meet minimum reading standards. Those students who cannot read are doomed to failure in formal education. A disproportionate number of limited-English proficiency students repeat grades, drop out of school, become special education students, or require other expensive special services. Despite these services, most of these students fail to ever meet their academic potentials. Early childhood English instruction and literacy development provide a proactive cost effect approach to address limited English proficiency. The program will dramatically reduce the marked disparity in academic performance between Hispanic and other students in our state. State Department of Education disaggregated achievement test scores (ITES and TAP) document this disparity as being about twenty to thirty percentile points in standardized test scores. To a significant extent, Hispanic student achievement lags behind due to two primary factors: limited English proficiency and lack of preÄliteracy experiences needed to learn to read effectively. This proposal directly addresses the needs for early intervention to develop English language proficiency, for pre-literacy skill development, and for involving parents in pre-literacy experiences. The State Department of Education has evidence that districts tend to over-identify Hispanic and other limited English proficiency students as being in need of special education. This is largely due to limited English proficiency and the resulting poor progress in reading comprehension. Implementing this proposal will help to correct this misidentification. Idaho public schools are not meeting federal affirmative action requirements for inclusion of minority teachers. Although there are no longer quotas, there are federal requirements, particularly in districts with significant minority populations, that the teaching staff will include minority teachers. Idaho districts cannot compete in the open job market for minority teachers as these teachers can command premium salaries. This program will help districts to "grow their own minority teachers," an action consistent with the State Board "What Matters Most" program. Classified instructional providers will receive classroom experience and training that can lead to teacher certification and Inclusion in the Idaho Teaching ranks. FISCAL NOTE The State Department of Education has estimated 1,700 level 1, 2, & 3 limited English proficiency five-year old students as measured by the Woodcock-Munoz Test. These levels represent the students who need intervention and instruction in English if they are to enjoy academic success. The 1,700 estimate is based upon the fact that there are currently 1,703 kindergarten, 1,843 first graders, 1,672 second graders, and 1,555 third graders in levels 1, 2, & 3 for the Woodcock-Munoz Test. With an estimated two-thirds of eligible students participating, 1,103 students with a unit distribution factor of 15 will yield 74 units. Since the five-year-olds will be in kindergarten for one-half day, each kindergarten class will only require one-half unit funding, reducing the 74 units to 37 units. Using the FY2001 unit distribution factor of $22,902, the 37 units will require $847,374 in state funding. The twelve four-year-old pilot programs will require an additional $274,824 for a grand total state funding of $1,122,198. The state cost per FTE pupil will be about $1,527. The actual cost of operation will be somewhat higher since it will be necessary for districts to supplement state funds with grant and federal moneys and perhaps with some local discretionary funds. The most likely scenario is that districts will reallocate some of the dollars presently being expended in less intensive, limited-English proficiency programs to provide a comprehensive five-year-old program. The need for limited English proficiency and/or ESL instruction will decline over time as the limited English proficiency intervention program students enter the public schools 1-12 program. The funding for these programs should decrease as the need is addressed in the early childhood years. Fewer limited English proficiency students will need the special assistance that is currently provided in the public school special education program and remedial programs. CONTACT: Senator Cameron 334-4735 STATEMENT OF PURPOSE/FISCAL NOTE S 1195