ECS
From the ECS State Policy Database
2006 State Policies / Activities

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies enacted in 2006. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All."

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

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- Bilingual/ESL
ILAdopted 10/2006P-12Establishes "Annual Measurable Achievement Objectives" (AMAOs) related to proficiency, progress, and adequate yearly progress (AYP) for educational agencies using funds provided under Title III of the No Child Left Behind Act to serve limited English proficient students. Pages 278-286 of 554: http://www.cyberdriveillinois.com/departments/index/register/register_volume30_issue44.pdf
Title: 23 IAC 1.88
Source: www.cyberdriveillinois.com

CASigned into law 09/2006P-12Requires each school district, as a condition of receiving funding under this act, to develop a plan, to be approved by the governing board, certifying that the agency will accomplish certain objectives relating to providing personal English language tutoring to children from backgrounds of limited English proficiency and to collect certain data for use in revising and updating the plan. Requires the board review, revise as necessary, and approve the plan, as a condition for funding.
Title: S.B. 368
Source: California Legislature

CASigned into law 09/2006P-12Establishes a grant pilot project to identify existing best practices regarding curriculum, instruction, staff development, for teaching English learners and promoting English language acquisition and development. Requires the Superintendent of Public Instruction to establish a advisory committee for development of criteria for evaluating applications for grants. Specifies that certain moneys already appropriated be used for the grant project. Requires a contract to be let for a project evaluation.
http://www.leginfo.ca.gov/pub/bill/asm/ab_2101-2150/ab_2117_bill_20060915_enrolled.pdf
Title: A.B. 2117
Source: California Legislature

HISigned into law 07/2006P-12Requires each state agency and all covered entities to take reasonable steps to ensure limited English proficient persons have meaningful access to services, programs, and activities. Requires steps to include competent, timely oral language services and written translations of vital documents. Establishes an office of language access and the language access advisory council in the department of labor and industrial relations.

Requires each state agency and covered entity to establish a plan for language access.

Provides an appropriation.
http://www.capitol.hawaii.gov/sessioncurrent/bills/hb2778_cd1_.htm
Title: H.B. 2778
Source: www.capitol.hawaii.gov

NDAdopted 07/2006P-12Establishes rules pertaining to English language learner programs. Requires districts to: (1) provide written assurance to the department that it has a policy
for providing alternative language services in compliance with state law; (2) designate a program representative who serves as a contact for English language learner student services and data; and (3) develop a plan to identify and assess the language prociency of students who have a primary language other than English or come from an environment in which a language other than English signicantly impacts the student's level of English language prociency.
http://www.legis.nd.gov/information/acdata/html/..%5Cpdf%5C67-28-01.pdf
Title: NDAC 67-28-01-01 thru -08
Source: http://www.legis.nd.gov/

GAAdopted 06/2006P-12Amends requirements for language assistance for English language learners (ELLs). http://rules.sos.state.ga.us/docs/160/4/5/02.pdf
Title: GAC 160-4-2-.03; -5-.02
Source: rules.sos.state.ga.us

IDAdopted 05/2006P-12Proposes rules regarding limited English proficient (LEP) students. Sets forth rules for LEP students to take an alternate Standard Achievement Test.
Title: IDAPA 08.02.03
Source: Lexis-Nexis/StateNet

KSSigned into law 05/2006P-12Authorizes districts to spend funds received from the bilingual weighting to pay the cost of providing at-risk and preschool-aged at-risk education programs and services. Authorizes districts to spend funds received from the preschool-aged at-risk weighting to pay the cost of providing at-risk, bilingual and vocational education programs and services.

Requires every local board to annually submit to the state board a report on the preschool-aged at-risk program or assistance provided by the district. Requires this report to include information specifying the number of students who were served or provided assistance, the type of service provided, the research upon which the district relied in determining that a need for service or assistance existed, the results of providing such service or assistance and any other information required by the state board.

Requires every local board to submit to the state board a report on the bilingual education program and assistance provided by the district. Requires this report to include information specifying the number of pupils who were served or provided assistance, the type of service provided, the research upon which the district relied in determining that a need for service or assistance existed, the results of providing such service or assistance and any other information required by the state board.

Bill: http://www.kslegislature.org/bills/2006/549.pdf
Conference Committee Report Brief: http://www.kslegislature.org/supplemental/2006/CCRB549.pdf
Title: S.B. 549 - Section 13, 16, 27
Source: www.kslegislature.org

MNSigned into law 05/2006P-12Amends requirements of limited English proficient (LEP) programs. Requires any district that enrolls one or more LEP student to implement an educational program that includes at a minimum the following: (1) identification and reclassification criteria for LEP students and program entrance and exit criteria for LEP students must be documented by the district, applied uniformly to LEP students, and made available to parents and other stakeholders upon request; (2) a written plan of services that describes programming by English proficiency level made available to parents upon request. The plan must articulate the amount and scope of service offered to LEP students; (3) professional development opportunities for ESL, bilingual education, mainstream, and all staff working with LEP children which are: (i) coordinated with the district's professional development activities; (ii) related to the needs of children of LEP; and (iii) ongoing.
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S2994.4.html&session=ls84
Title: S.B. 2994
Source: http://www.revisor.leg.state.mn.us/

OKSigned into law 05/2006P-12Clarifies that 2 of the 6 end-of-course exams all students must pass effective with the Class of 2012 are Algebra I and English II. Provides that students must pass 2 additional end-of-course exams chosen from Algebra II, Biology I, English III, geometry and U.S. history. Clarifies that remediation must be provided students who fail any end-of-course exam, and that a student must have the opportunity to retake an exam until at least a satisfactory score is attained on the Algebra I, English II and two of the other 5 end-of-course exams, or an approved alternate test. Provides that technology center schools are authorized to provide intervention and remediation in Algebra I and Biology I to students enrolled in technology center schools.

Gives state board authority for determining alternate methods by which students who do not pass end-of-course exams may demonstrate mastery of state academic content standards, and for determining exceptions/exemptions to the end-of-course exam requirements. Requires the board to collect data by school and district on the number of students provided and categories of exceptions and exemptions granted. Beginning October 1, 2012, requires the board to provide an annual report of this data.

Clarifies that a student with disabilities must have an appropriate statement on the student's individualized education program (IEP) requiring administration of the end-of-course assessment with or without accommodations or an alternate assessment. Provides that any accommodations normally employed for the assessment must be approved by the state board and be provided for in the IEP. Requires all documentation for each student to be on file in the school prior to administration of the assessment.

Provides that English language learners must be assessed in a valid and reliable manner with the state academic assessments with acceptable accommodations as necessary or, to the extent practicable, with alternate assessments aligned to the state assessment provided by the school district in the language and form most likely to yield accurate data of the student's knowledge of the content areas.

Authorizes the state board to contract with an entity to develop and advise on the implementation of a communications campaign to build public understanding of and support for the testing requirements of this section.

Deletes obsolete language. http://webserver1.lsb.state.ok.us/2005-06bills/SB/SB1792_ENR.RTF
Title: S.B. 1792 - Section 6
Source: webserver1.lsb.state.ok.us

UTAdopted 05/2006P-12Provides definitions, state board responsibilities, local board responsibilities, and teacher qualifications. http://www.rules.utah.gov/publicat/code/r277/r277-716.htm
Title: R277-716
Source: Lexis-Nexis/StateNet

IDSigned into law 04/2006P-12Provides that 750,000 of the $6,040,000 appropriated for programs for limited English proficient students be distributed to schools in which English language learners failed to meet Adequate Yearly Progress (AYP) in math or reading. Requires the department to develop the program elements governing the use of these funds, modeled on the training, intervention and remediation elements of the programs described in Section 7 of the bill (see below). Specifies that these funds are to improve the English language skills of English language learners, to enable such students to better access the educational opportunities offered in public schools. Requires these funds to be distributed on a one-time basis. Requires the superintendent of public instruction to report to the Joint Finance-Appropriations Committee and the House of Representatives and the Senate Education Committees by February 1, 2007, on the program design, uses of funds, and effectiveness of the program.

Section 7: Of the moneys appropriated in the bill, $2,800,000 must be used for literacy programs, as outlined in Sections 33-1614, 33-1615 and 33-1207A(2), Idaho Code. It is legislative intent tha the state board and the state department of education coordinate federally funded literacy programs with state literacy programs, resulting in well-coordinated, complementary literacy efforts.
http://www3.state.id.us/oasis/H0847.html
Title: H.B. 847 Section 8
Source: www3.state.id.us

VASigned into law 03/2006P-12Requires the Board and Department of Education to collect certain statewide data on Virginia's public school students with limited English proficiency and school division programs for such LEP students, analyze the data, and recommend steps to resolve the issues relating to the requirements for obtaining a high school diploma and students with limited English proficiency that will retain high academic standards and accountability, while assisting such students in their endeavors to obtain an education and to become productive Virginians.
http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0526
Title: S.B. 683
Source: http://leg1.state.va.us

AZVetoed 01/2006P-12
Appropriates $2.6 million in FY 2005-2006 and $31.4 million in FY 2006-2007 for English Language Learner (ELL) programs; creates the eight-member Arizona English Language Learners Task Force to develop and adopt research based models of Structured English Immersion (SEI); requires school districts and charter schools to submit budget requests for the newly created Arizona Structured English Immersion Fund and the Statewide Compensatory Instruction Fund (SCIF); establishes a new individual and corporate income tax credit for contributions made to student tuition organizations to provide scholarship and tuition grants to ELL pupils; contains a conditional enactment for the Group B weight increase in FY 2006-2007.

In 1992, Flores v. State of Arizona was filed in federal court.  The lawsuit was brought forth by parents of children enrolled in the Nogales Unified School District. The plaintiffs alleged that the civil rights of Limited English Proficient (LEP) students were violated because the state failed to provide adequate language acquisition, academic instructional programs and funding for at-risk students. In January 2000, the Court ruled in favor of the plaintiffs and declared Arizona's LEP programs in violation of the Equal Educational Opportunities Act (EEOA). In October 2000, the Court ordered the state to conduct a cost study to determine the amount needed to conduct a successful LEP program.

In May of 2001, the Arizona Department of Education (ADE) released a cost study that identified per-pupil costs in the sampled immersion programs.  In June of 2001, the Court ordered the state to comply with an adequate ELL funding scheme and set the deadline of the end of the 2005 legislative session for legislation to comply with the judgment.  The Court ordered financial penalties imposed against the state in the form of progressive daily fines until the state complied with the Court judgment. In addition, the Court excluded ELL from the Arizona's Instrument to Measure Standards (AIMS) graduation requirement.

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/47leg/2r/summary/s.1198_2660approp_asvetoed.doc.htm

NOTE: S.B. 1198 was sent to the governor on 1/24/06 and vetoed on 1/25/06. A subsequent bill, H.B. 2002/S.B.1002, was enacted on 1/25/06 but also was vetoed by the governor on the same day.

H.B. 202/S.B. 1002
Appropriates $2.6 million in FY 2005-2006 and $31.4 million in FY 2006-2007 from the state General Fund for English Language Learner (ELL) programs; creates the eight-member Arizona English Language Learners Task Force to develop and adopt research based models of Structured English Immersion (SEI); requires school districts and charter schools to submit budget requests for the newly created Arizona Structured English Immersion Fund and the Statewide Compensatory Instruction Fund (SCIF); establishes a new individual and corporate income tax credit for contributions made to student tuition organizations to provide scholarship and tuition grants to ELL pupils; sets a cap of $50 million for the corporate income tax credits; contains a conditional enactment for the Group B weight increase in FY 2006-2007.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/legtext/47leg/1s/summary/s.2002rules_asvetoed.doc.htm
Title: S.B. 1198 and H.B. 2660
Source: Arizona Legislative Site

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