No. 28522 (New Rule): R277-716. Alternative Language Services for Utah Students

DAR File No.: 28522
Filed: 02/15/2006, 04:22
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purposes of this rule are to address the requirements of Title VI and implementing regulations and case law, to define the responsibilities of the State Board of Education and local boards of education, to identify English Language Learner/Limited English Proficient (ELL/LEP) students who are currently enrolled in schools, to provide consistent and appropriate services to identified students, and to meet No Child Left Behind (NCLB) funding eligibility requirements and to distribute ELL/LEP funds to school districts/charter schools.

 

Summary of the rule or change:

The rule provides definitions, State Board of Education responsibilities, local board of education responsibilities, teacher qualifications, and miscellaneous provisions under this rule of serving ELL/LEP students.

 

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

 

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to state budget. The State Board of Education shall distribute federal Title III funding to eligible school districts and charter schools to cover the costs of this rule.

 

local governments:

There are no anticipated cost or savings to local government. Eligible school districts and charter schools shall receive funding to cover the costs of participation in the program.

 

other persons:

There are no anticipated cost or savings to other persons because all program and participation costs will be paid by Title III funds.

 

Compliance costs for affected persons:

There are no compliance costs for affected persons because all program and participation costs will be paid by Title III funds.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

 

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/31/2006

 

This rule may become effective on:

04/01/2006

 

Authorized by:

Carol Lear, Director, School Law and Legislation

 

 

RULE TEXT

R277. Education Administration.

R277-716. Alternative Language Services for Utah Students.

R277-716-1. Definitions.

A. "Alternative language program" means a research-based language acquisition instructional service model used to achieve English proficiency and academic progress of identified students.

B. "Alternative language services (ALS)" means language services designed to meet the education needs of all language minority students so that students are able to participate effectively in the regular instruction program.

C. "Annual measurable achievement objectives (AMAOs)" means English Language Proficiency Performance Targets established by the USOE consistent with NCLB Title III requirements for public school students who are receiving language acquisition services in the state of Utah as required by Title III, Section 3122.

D. "Approved language acquisition instructional model" means methods of ALS instruction that are evidence-based and recommended by the U.S. Department of Education and the USOE.

E. "Board" means the Utah State Board of Education.

F. "Consolidated Utah Student Achievement Plan" means the application for federal funds authorized under ESEA, and other federal sources submitted annually to the Utah State Office of Education.

G. "English Language Learner/Limited English Proficient (ELL/LEP)" means an individual:

(1) who has sufficient difficulty speaking, reading and writing or understanding the English language and whose difficulties may deny such individual the opportunity to learn successfully in classrooms where the language of instruction is English or which may deny the individual the opportunity to participate fully in society; or

(2) who was not born in the United States or whose native language is a language other than English and who comes from an environment where a language other than English is dominant; or

(3) who is an American Indian or Alaskan native or who is a native resident of the outlying areas and comes from an environment where a language other than English has had a significant impact on such individual's level of English language proficiency.

H. "IEP" means Individualized Education Program for eligible students with disabilities under the Individuals with Disabilities Education Act of 2004.

I. "Immigrant children and youth" for purposes of this rule means individuals who:

(1) are ages 3 through 21;

(2) were born outside of the United States; and

(3) have not been attending one or more schools in any one or more states of the United States for more than 3 full academic years.

J. "Instructional Materials Commission" means a Commission appointed by the Board to evaluate instructional materials for recommendation by the Board consistent with Section 53A-14-101.

K. "Language acquisition instructional program" means an instructional program for students for purpose of developing and attaining English proficiency, while meeting state academic content and achievement standards.

L. "Mountain West Consortium" means a committee consisting of 10 Western state education agencies formed to develop a multi-state English proficiency test.

M. "State Approved Endorsement Program (SAEP)" means a professional development plan on which a licensed Utah educator is working to obtain an endorsement.

N. "USOE" means the Utah State Office of Education.

 

R277-716-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, by No Child Left Behind Title III Language Instruction for Limited English Proficient and Immigrant Students, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purposes of this rule are:

(1) to address the requirements of Title VI and implementing regulations and case law;

(2) to clearly define the respective responsibilities of the Board and local boards of education:

(a) in identifying ELL/LEP students who are currently enrolled in Utah schools;

(b) in providing consistent and appropriate services to identified students; and

(3) in order to meet NCLB requirements, to meet NCLB funding eligibility requirements and to appropriately distribute ELL/LEP funds to school districts/charter schools with adequate policies.

 

R277-716-3. State Board of Education Responsibilities.

A. The Board shall make available an identification and placement procedure model to local school boards to provide language acquisition services for LEP/ELL students.

B. The Board shall develop and require all school districts/charter schools to use the statewide annual assessment to measure growth and progress in listening, speaking, reading, and writing and comprehension based on the Title III AMAOs for English language acquisition. For the 2005-2006 school year, the Utah Academic Language Proficiency Assessment (UALPA) shall be administered between January 1 and May 1, 2006. Each year thereafter, the testing window shall be open throughout the school year. School districts may determine restricted testing dates within the school year.

C. The Board shall apply a formula and distribute funds to local boards for identification and services to ELL/LEP students and their families.

(1) The formula shall provide an amount based upon eligible students and available funds, to be distributed to all eligible school districts/charter schools and consortia consistent with Title III requirements.

(2) The formula shall provide for an additional amount to qualifying school districts/charter schools based on numbers of immigrant children and youth.

D. The Board shall make available to school districts/charter schools models and accountability measures in providing ALS services to students. School districts/charter schools shall use Board-identified models or models based upon educational research.

E. The Board shall require school districts/charter schools that receive NCLB funds under this rule to:

(1) provide a budget as part of the Consolidated Utah Student Achievement Plan data on student achievement;

(2) provide the number of students served with Title III funds;

(3) provide assurances of services or a program used to serve students; school districts/charter schools shall maintain documentation of services or program;

(4) provide assurances of required parent notification; school districts/charter schools shall maintain documentation of parent notification;

(5) provide in a biennial report a summary of the school district's/charter school's progress under R277-716-3G(1) over a two year period in addition to the annual Consolidated Utah Student Achievement Plan information.

F. The Board shall provide timelines to school districts for meeting Title III requirements.

G. The Board shall assist and provide training to school districts/charter schools in development of ALS and Title III services to students who do not meet prescribed English proficiency AMAOs.

H. Monitoring: the USOE shall remind school districts/charter schools annually in November that school districts/charter schools shall maintain:

(1) an ALS budget plan;

(2) a plan for delivering student instruction;

(3) ALS assessments to date;

(4) a sample of parent notification required under R277-716-4F; and

(5) documentation or evidence of progress of required Title III AMAOs.

I. USOE staff shall make on-site visits to all funded ALS programs within every five year period beginning with 2006.

J. USOE staff shall provide technical assistance during on-site visits and as the USOE deems necessary.

 

R277-716-4. Local Board of Education Responsibilities.

A. A local board of education that receives funds under Title III of NCLB shall assure as part of the Consolidated Utah Student Achievement Plan that the local board has a written plan that:

(1) includes an ELL/LEP student find process, including a home language survey and a language proficiency for program placement, that is implemented with student registration;

(2) uses a valid and reliable assessment of proficiency in listening, speaking, reading, writing, and comprehension of English of identified ELL/LEP students;

(3) provides language acquisition instructional services based on the Utah English Language Proficiency Standards approved by the Board on September 1, 2005;

(4) establishes student exit criteria from ALS programs or services;

(5) includes the ELL/LEP student count, by classification, prior to July 1 of each year.

B. Following funding, a school district/charter school shall:

(1) determine what type of Title III ALS services are available and appropriate for each student identified in need of ALS services. Examples include dual immersion, ESL content-based, or sheltered instruction;

(2) implement an approved language acquisition instructional program designed to achieve English proficiency and academic progress of identified students;

(3) ensure that all identified ELL/LEP students receive English language development services, consistent with R277-716-4A(3);

(4) provide adequate staff development to assist ELL/LEP teachers and staff in meeting AMAOs;

(5) provide necessary staff, curricular materials approved by the Instructional Materials Commission consistent with R277-469, and facilities for adequate and effective training;

C. If school districts/charter schools do not meet AMAOs, they shall develop and implement improvement plans to satisfy AMAOs.

D. Following evaluation of student achievement and services, a school district/charter school shall:

(1) analyze results and determine the programs' success or failure; and

(2) modify a program or services that are not effective in meeting the state AMAOs.

E. A school district/charter school shall have a policy to identify and serve students who qualify for services under IDEA, including:

(1) implementing procedures and training consistent with federal regulations and state special education rules that ensure ELL/LEP students are not misidentified as students with disabilities due to their inability to speak and understand English;

(2) reviewing the assessment results of students' language proficiency in English and other language prior to initiating evaluation activities, including selecting additional assessment tools;

(3) conducting assessments for IDEA eligibility determination and educational programming in students' native language when appropriate;

(4) using nonverbal assessment tools when appropriate;

(5) ensuring that accurate information regarding students' language proficiency in English and other language(s) is considered in evaluating assessment results;

(6) considering results from assessments administered both in English and in the students' home language; and

(7) ensuring that all required written notices and communications with parents who are not proficient in English are provided in the parents' preferred language to the extent practicable, including utilizing interpretation services when appropriate; and

(8) coordinating the language acquisition services and special education and related services to ensure that the IEP is implemented as written.

F. A school district/charter school shall also provide information and training to staff that limited English proficiency is not a disability; if there is evidence that students with limited English proficiency have disabilities, they shall be referred for possible evaluation for eligibility under IDEA.

G. Parent involvement and notification:

(1) Each school district/charter school shall notify parents who are not proficient in English of school district/charter school required activities. Schools shall provide information about optional school activities in the parents' preferred language to the extent practicable.

(2) School districts/charter schools shall provide interpretation and translation services for parents at registration, IEP meetings, SEOP meetings, parent-teacher conferences and student disciplinary meetings.

(3) School districts/charter schools shall provide annual notice to parents of students placed in language acquisition programs at the beginning of the school year or no later than 30 days after identification. If a child has been identified as requiring ALS services after the school year has started, parent notification shall take place within 14 days of the student's identification and placement. The required notice shall include:

(a) the student's level of English proficiency, how such level was assessed, and the status of the student's academic achievement;

(b) the methods of instruction proposed to increase language acquisition, including using both the student's native language and English if necessary;

(c) specifically, how the methods of instruction will help the child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation;

(d) the specific exit requirements for the program including:

(i) the expected rate of transition from the program into classrooms that are not tailored for LEP students and

(ii) the expected graduation from secondary school(s) if funds appropriated consistent with this rule are used for secondary school students.

(4) School districts/charter schools shall provide notice to parent(s) of ELL/LEP students in addition to other required parent notification if the school district/school fails to meet AMAOs. Notice shall be provided within 30 days of the school district's/charter school's receipt of the annual State Title III Accountability Report from the USOE.

 

R277-716-5. Teacher Qualifications.

A. Utah educators who are assigned to provide instruction in language acquisition programs shall comply with the State ESL Endorsement requirements provided in R277-520.

B. Teachers whose primary assignment is to provide English language instruction to ELL students shall have an ESL or ESL/Bilingual endorsement consistent with the assignment.

 

R277-716-6. Miscellaneous Provisions.

A. School districts/charter schools that generate less than $10,000 from their ELL/LEP student count, are encouraged to form a consortium with other similar school districts/charter schools.

(1) The consortium shall designate a fiscal agent and shall submit all budget and reporting information from all of the member school districts/charter schools of the consortium.

(2) Each member of the consortium shall submit plans and materials to the fiscal agent of the consortium for final reporting submission to the USOE.

(3) The consortium fiscal agent assumes all responsibility of a local board under R277-716-4.

B. No school district, charter school or consortium may withhold more than two percent of NCLB Title III funding for administrative costs in serving ELL/LEP students.

 

KEY: alternative language services

Date of Enactment or Last Substantive Amendment: 2006

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3)