2001 Legislation
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SENATE BILL NO. 1195 – Schools/limited-English proficiency

SENATE BILL NO. 1195

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN 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 / Fiscal Impact


         
                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