HOUSE 3rd Reading Unamended April 15, 2013 HOUSE Amended 2nd Reading April 12, 2013First Regular Session Sixty-ninth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 13-0243.01 Julie Pelegrin x2700 HOUSE BILL 13-1211 HOUSE SPONSORSHIP Buckner and Navarro, Duran SENATE SPONSORSHIP Kerr and Roberts, House Committees Senate Committees Education Appropriations A BILL FOR AN ACT Concerning English language proficiency programs in public schools, and, in connection therewith, making an appropriation. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill repeals and reenacts the existing English Language Proficiency Act (ELPA). Under the existing ELPA, funding for a student with limited English proficiency is limited to 2 years, and funds are allocated to school districts, the state charter school institute, and facility schools based on students' levels of English proficiency. The new ELPA uses the term "English language learner" (ELL) rather than "student with limited English proficiency" and uses the term "local education provider", which includes a school district, the state charter school institute, or a facility school. Under the new ELPA, the time for funding expands to 7 years, and each ELL is funded at the same level. The funding allocation is based on certification of the number of ELLs that a local education provider enrolls. Each local education provider must: Use the ELPA moneys it receives only to pay for the English language proficiency program; Identify and assess ELLs; Report to the department of education (department) the number of ELLs, the number of non-English languages spoken by ELLs, and the number of ELLs who speak each language; Provide an English language proficiency program that meets specific requirements for each ELL; Submit to the department a budget for the ELPA moneys the local education provider receives; Report its use of ELPA moneys; and Provide assurances that the local education provider is complying with state and federal laws. The department must: Identify the English language proficiency assessments that local education providers will use to identify ELLs, which may be the same assessments used under existing law; Annually review the statewide levels of proficiency on the statewide assessments for the ELLs who are required to take the statewide assessment; Identify accommodations that a local education provider must allow on statewide assessments; Monitor, based on the proficiency levels achieved by the local education provider's ELLs, all aspects of each local education provider's implementation of its English language proficiency program; Identify which students are appropriately counted as ELLs and appropriately allocate the ELPA moneys to local education providers; Disaggregate and report academic performance data for ELLs; and Review the ELPA budgets received from local education providers. The state board of education (state board) is directed to adopt rules as necessary to implement the ELPA, but the existing rules remain in effect to the extent they continue to be appropriate. The state board may adopt measures that are specific to the English language proficiency assessments, which measures the department must use to determine a local education provider's level of achievement in meeting the English language development and academic achievement goals for ELLs. In monitoring the local education providers' implementation of the new ELPA, the department cannot require the local education providers to submit data that they already submit under existing federal or state statutes or rules. The bill allows the department to expend a percentage of the annual ELPA appropriation for administrative costs and allocates a percentage of the annual ELPA appropriation to fund the English language proficiency act excellence awards program. The department makes awards by identifying the local education providers that achieve the highest academic achievement with regard to ELLs and the greatest percentage of ELLs who successfully transition out of the English language proficiency program. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, repeal and reenact, with amendments, article 24 of title 22 as follows: ARTICLE 24 English Language Proficiency Act 22-24-101. Short title. This article shall be known and may be cited as the "English Language Proficiency Act". 22-24-102. Legislative declaration. (1) The general assembly finds that: (a) There is a substantial number of students in Colorado who are English language learners; (b) Local education providers must provide evidence-based English language proficiency programs for English language learners to enable them to develop and acquire English language proficiency while they also have access to and support for achievement in grade-level academic content; (c) To improve the educational and career opportunities for every student in Colorado, the state must ensure support for local education providers to establish evidence-based English language proficiency programs; (d) The state and local education providers must enhance all educators' effectiveness in supporting English language development and in providing access and support for achievement in grade-level academic content for English language learners; (e) The state must develop an educator workforce that can support the educational approach and goals of local education providers to help ensure that English language learners are postsecondary and workforce ready at graduation; (f) The state must appropriate and allocate moneys to local education providers to help ensure that English language learners are postsecondary and workforce ready at graduation; (g) The department of education and the state board of education must hold local education providers accountable through the "Education Accountability Act of 2009", article 11 of this title, and by English language development measures mandated by this article for meeting the English language development and academic achievement goals for English language learners; and (h) The department of education and the state board of education must recognize local education providers who provide effective English language proficiency programs by awarding grants through a competitive program that is supported with annual appropriations. 22-24-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Department" means the department of education. (2) "District" means a school district organized and existing pursuant to article 30 of this title or a board of cooperative services organized and existing pursuant to article 5 of this title. (3) "English language learner" means a student who is linguistically diverse and who is identified pursuant to section 22-24-105 (3) (a) as having a level of English language proficiency that requires language support to achieve standards in grade-level content in English. (4) "English language proficiency program" means a program implemented by a local education provider that is designed to develop English language proficiency for an English language learner while also providing the student access to grade-level academic content to support the student's academic achievement. An English language proficiency program must include the requirements specified in section 22-24-105 (1). (5) "Evidence based" means the instruction or item described is based on reliable, trustworthy, and valid evidence that the instruction or item shows promise or has demonstrated a record of success in achieving objectives that are relevant to English language development, English language proficiency, and achievement in grade-level content for English language learners. (6) "Facility school" means an approved facility school as defined in section 22-2-402 (1). (7) "Local education provider" means a district, the state charter school institute, or a facility school. (8) "State charter school institute" means the state charter school institute created pursuant to part 5 of article 30.5 of this title. 22-24-104. English language proficiency program established - funding. (1) There is established the state English language proficiency program to assist local education providers in administering and implementing English language proficiency programs for English language learners in kindergarten and grades one through twelve. (2) (a) A student who is identified for inclusion in an English language proficiency program may receive funding pursuant to this section for up to a total of five budget years regardless of whether the student transfers enrollment among local education providers during the five years. The five budget years in which a student receives funding pursuant to this section are not required to be consecutive if a student exits an English language proficiency program pursuant to section 22-24-105 (1) (e) and is subsequently re-identified for inclusion in an English language proficiency program. A student is not eligible for funding in a school year in which the student does not receive educational support through an English language proficiency program. The department shall allocate state moneys pursuant to this section on the student's behalf to the local education provider that enrolls the student. (b) If a student was identified for inclusion in an English language proficiency program before the effective date of the repeal and reenactment of this article and received state funding pursuant to this article as it existed before the effective date of the repeal and reenactment of this article, the department must include the budget years for which the student received funding before the effective date of the repeal and reenactment of this article in calculating the five-year limit on funding for the student. (3) The general assembly shall annually appropriate moneys to the department for the implementation of this section. The department shall allocate the moneys annually appropriated to local education providers on a per-pupil basis using the number of English language learners certified pursuant to section 22-24-105, subject to the time limit specified in subsection (2) of this section. (4) Each local education provider shall provide English language proficiency programs for English language learners who are enrolled in the public schools operated by the local education provider; except that local education providers may cooperate in carrying out the provisions of this article. (5) This article does not prohibit a local education provider from using the moneys allocated pursuant to this article for bilingual programs, English-as-a-second-language programs, or any other method of achieving the purposes of this article. A local education provider that administers any of these programs shall receive moneys pursuant to this article only on the basis of the number of English language learners enrolled in the programs. 22-24-105. Local education provider - powers and duties. (1) Each local education provider shall provide an English language proficiency program for all English language learners who are enrolled in the public schools of the local education provider. The English language proficiency program must include: (a) An educational approach that includes academic goals for the program; (b) A process to identify English language learners that includes the department-approved assessment for identification; (c) English-language assessment and content assessment of English language learners; (d) Evidence-based English language proficiency instructional programs; (e) A process by which an English language learner, based on a body of evidence that must include state-mandated English language proficiency and academic assessments and may include other evidence that demonstrates the English language learner's academic performance, academic growth, English language proficiency, and English language growth, may exit the program and a process by which a student who has exited the program may be re-identified as an English language learner; and (f) A process for program evaluation, review, and improvement. (2) Each local education provider shall ensure that any moneys received pursuant to section 22-24-104 (3) are used to implement one or more of the required components of the English language proficiency program that the local education provider administers. (3) In addition to the duties specified in subsections (1) and (2) of this section, each local education provider shall: (a) Identify English language learners who are enrolled in the public schools of the local education provider using the state-approved assessment for English language proficiency; (b) Annually assess the English language proficiency of English language learners using the English language proficiency assessment identified by the department pursuant to section 22-24-106 (1) (a); (c) Annually report and certify to the department: (I) The number of English language learners enrolled in the public schools of the local education provider and eligible for funding pursuant to section 22-24-104 (2); (II) The number of non-English languages that are certified as English language learners' primary languages; and (III) The number of English language learners who speak each non-English language as their primary language; (d) For each budget year, submit to the department a budget specifying how the local education provider will use the moneys received; (e) At the end of each budget year, submit to the department an explanation of the local education provider's expenditures in providing the English language proficiency program during the budget year; and (f) Annually provide to the department the following assurances: (I) The local education provider is using the moneys received pursuant to section 22-24-104 (3) to implement one or more of the English language proficiency program components specified in subsection (1) of this section; (II) The local education provider administers an English language proficiency program that meets the requirements specified in subsection (1) of this section to meet the linguistic and academic needs of the English language learners who are enrolled in the public schools of the local education provider; and (III) The English language proficiency program that the local education provider operates complies with the applicable state and federal laws. 22-24-106. Department of education - powers - duties - state board of education - rules. (1) The department shall: (a) Identify the English language proficiency assessments that local education providers must use to identify students who are eligible for inclusion in English language proficiency programs, which may include the assessments in use prior to the effective date of the repeal and reenactment of this article; (b) Annually review the statewide levels of proficiency on the statewide assessments administered pursuant to section 22-7-1006 for those English language learners who are required to take the statewide assessment; (c) Establish, by guidelines, any accommodations that a local education provider must allow and the circumstances in which a local education provider must allow the accommodations for English language learners who are taking assessments pursuant to section 22-7-409 or 22-7-1006; (d) Provide guidance documents and technical assistance to assist local education providers in identifying and assessing English language learners and in developing, implementing, and evaluating English language proficiency programs; (e) Comprehensively monitor the development, implementation, and evaluation of each local education provider's English language proficiency program based on the performance of the English language learners who are enrolled by the local education provider. The department must monitor at a minimum: (I) The local education provider's educational approach, including goals, with regard to each English language proficiency program; (II) The process the local education provider uses to identify English language learners; (III) Each local education provider's annual assessment of English language learners; (IV) The local education provider's English language proficiency program to ensure it is evidence-based; (V) The process the local education provider uses for exiting students from the English language proficiency program and re-identifying students for the program; (VI) The local education provider's evaluation, review, and improvement of its English language proficiency program; (VII) The validity of the local education provider's assurances required in section 22-24-105 (3) (f); and (VIII) The local education provider's expenditures of moneys received pursuant to section 22-24-104 (3); (f) Identify, based on the certifications received from local education providers, the students who are counted as English language learners for purposes of calculating each local education provider's allocation of moneys pursuant to section 22-24-104 (3); (g) Annually allocate the moneys appropriated for implementation of this article, including allocating the moneys specified in section 22-24-104 (3) on a per-pupil basis, using the number of English language learners identified pursuant to paragraph (f) of this subsection (1) and participating in the English language proficiency program; (h) Review the budgets received from local education providers pursuant to section 22-24-105 (3) (d); (i) Disaggregate the data received through the statewide assessment program pursuant to section 22-7-409 or 22-7-1006 and report the English language proficiency and academic achievement of English language learners as provided in part 5 of article 11 of this title; and (j) Administer the English language proficiency act excellence award program created in section 22-24-107 and the professional development and student support program created in section 22-24-108. (2) In monitoring each local education provider's English language proficiency program and in otherwise implementing the provisions of this article, the department shall not require local education providers to submit reports or otherwise provide data that is required by or that the department collects under other state or federal data-collection or reporting statutory or regulatory requirements. (3) The state board rules that are in effect to implement this article prior to the effective date of the repeal and reenactment of this article may continue in effect after that date to the extent the state board finds that the rules continue to be appropriate, and the state board shall promulgate pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., such additional rules as may be necessary to implement this article. The state board by rule may identify measures that are specific to the English language proficiency assessment, which measures the department must use to determine a local education provider's level of achievement in meeting the English language development and academic achievement goals for English language learners. 22-24-107. English language proficiency act excellence award program - excellence award fund - created - rules - legislative declaration. (1) There is created in the department the English language proficiency act excellence award program to award grants to local education providers that achieve the highest English language and academic growth among English language learners and the highest academic achievement for English language learners who transition out of the English language proficiency program. The department shall administer the program by annually identifying, based on rules of the state board, the local education providers that qualify for grants and distributing the moneys appropriated to the excellence awards fund created in subsection (4) of this section. The state board by rule shall set the grant amount based on the student enrollment of the local education providers that qualify for grants and the concentration of English language learners enrolled by the local education providers as a percentage of the total student enrollment. Subject to available appropriations, the department shall distribute the moneys in accordance with the rules to the local education providers that qualify for the grants. (2) The state board shall promulgate rules that create the criteria or measures that the department must apply to identify the local education providers that achieve the highest English language and academic growth among English language learners and that achieve the highest academic achievement for English language learners who transition out of the English language proficiency program. (3) (a) Each local education provider that receives a grant pursuant to this section, at the conclusion of each school year for which it receives a grant, must submit to the department: (I) A data analysis and summary of the local education provider's English language proficiency program; and (II) A report of the local education provider's use of the grant moneys received. (b) The department shall provide the information received pursuant to paragraph (a) of this subsection (3) to local education providers and shall make the information available to the public through the data portal operated pursuant to section 22-11-502. (4) (a) There is created in the state treasury the excellence awards fund, referred to in this subsection (4) as the "fund", consisting of such moneys as the general assembly may appropriate to the fund. The moneys in the fund are subject to annual appropriation by the general assembly to the department for distribution to local education providers as provided in this section. The department may expend up to two and five-tenths percent of the moneys annually appropriated from the fund to offset the costs incurred in implementing this section. (b) The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year must remain in the fund and shall not be credited or transferred to the general fund or another fund. (5) The general assembly finds that, for purposes of section 17 of article IX of the state constitution, the English language proficiency act excellence award program is an important component of an accountable program to meet state academic standards and, therefore, may be funded from moneys in the state education fund created in section 17 (4) of article IX of the state constitution. 22-24-108. Professional development and student support program - created - professional development and student support fund - rules. (1) There is created in the department the professional development and student support program, referred to in this section as the "support program", to provide moneys to local education providers to: (a) Offset the costs incurred in complying with the requirements specified in section 22-24-105 (3); (b) Provide effective professional development activities related to teaching English language learners for all educators who may work with English language learners in the classroom; and (c) Expand programs to assist students who, at any time, have been identified as English language learners in achieving greater content proficiency. (2) The department shall annually calculate the amount of support program moneys each local education provider receives pursuant to this section as the same percentage of the total amount annually appropriated to the professional development and student support fund that the number of English language learners enrolled in the local education provider bears to the total number of English language learners enrolled in local education providers statewide. The department shall distribute to each local education provider the amount calculated pursuant to this subsection (2) from the moneys appropriated to the professional development and student support fund. (3) (a) There is created in the state treasury the professional development and student support fund, referred to in this subsection (3) as the "fund", consisting of such moneys as the general assembly may appropriate to the fund. The moneys in the fund are subject to annual appropriation by the general assembly to the department for distribution to local education providers as provided in this section. The department may expend up to two and five-tenths percent of the moneys annually appropriated from the fund to offset the costs incurred in implementing this section. (b) The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year must remain in the fund and shall not be credited or transferred to the general fund or another fund. (4) The general assembly finds that, for purposes of section 17 of article IX of the state constitution, the professional development and student support program is an important component of an accountable program to meet state academic standards and, therefore, may be funded from moneys in the state education fund created in section 17 (4) of article IX of the state constitution. SECTION 2. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the state education fund created in section 17 (4) (a) of article IX of the state constitution, not otherwise appropriated, to the department of education, for the fiscal year beginning July 1, 2013, the sum of $3,090, or so much thereof as may be necessary, for the purchase of legal services. (2) In addition to any other appropriation, there is hereby appropriated to the department of law, for the fiscal year beginning July 1, 2013, the sum of $3,090, or so much thereof as may be necessary, for the provision of legal services for the department of education related to the implementation of this act. Said sum is from reappropriated funds received from the department of education out of the appropriation made in subsection (1) of this section. (3) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the state education fund created in section 17 (4) (a) of article IX of the state constitution, not otherwise appropriated, to the department of education, for the fiscal year beginning July 1, 2013, the sum of $479,144 and 6.0 FTE, or so much thereof as may be necessary, for the implementation of this act as follows: (a) $424,426 and 6.0 FTE for personal services; and (b) $54,718 for operating expenses and other expenses. (4) In addition to any other appropriation, for the fiscal year beginning July 1, 2013, there is hereby appropriated, out of any moneys in the state education fund created in section 17 (4) (a) of article IX of the state constitution, not otherwise appropriated, to the department of education to be credited to the excellence awards fund created in section 22-24-107 (4) (a), Colorado Revised Statutes, the sum of $250,000, to be used for purposes consistent with the creation of the fund. (5) In addition to any other appropriation, there is hereby appropriated, out of the excellence awards fund, to the department of education, for the fiscal year beginning July 1, 2013, the sum of $250,000, or so much thereof as may be necessary, for allocation to grant programs, distributions, and other assistance for awards to local education providers pursuant to section 22-24-107, Colorado Revised Statutes. (6) In addition to any other appropriation, for the fiscal year beginning July 1, 2013, there is hereby appropriated, out of any moneys in the state education fund created in section 17 (4) (a) of article IX of the state constitution, not otherwise appropriated, to the department of education to be credited to the professional development and student support fund created in section 22-24-108 (3) (a), Colorado Revised Statutes, the sum of $6,267,766, to be used for purposes consistent with the creation of the fund. (7) In addition to any other appropriation, there is hereby appropriated, out of the professional development and student support fund, to the department of education, for the fiscal year beginning July 1, 2013, the sum of $6,267,766, or so much thereof as may be necessary, for allocation to grant programs, distributions, and other assistance for distribution to local education providers pursuant to section 22-24-108, Colorado Revised Statutes. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.