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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 - 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
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