No. 31442 (Amendment): R277-488. Critical Languages Pilot Program

DAR File No.: 31442
Filed: 05/15/2008, 03:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for a pilot program for 20 high schools in the critical needs languages of Mandarin Chinese and Arabic consistent with S.B. 41, 2008 Legislative General Session. (DAR NOTE: S.B. 41 (2008) is found at Chapter 235, Laws of Utah 2008, and will be effective 07/01/2008.)

Summary of the rule or change:

The amended rule provides new definitions; changes to the critical language program requirements; adds a new section on dual language immersion pilot program requirements; and updates the Utah Sate Office of Education responsibilities and funds and evaluation and reports.

State statutory or constitutional authorization for this rule:

Section 53A-15-104 and Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Funding was provided by the 2008 Legislature for this program. The Utah State Office of Education will organize and implement the various programs at no cost to the state.

local governments:

There are no anticipated costs or savings to local government. Participating schools will receive funding specifically designated by the 2008 Legislature for this program.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and persons other than businesses. Funding is provided to public schools for participation in the program.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The 2008 Legislature provided funding specifically for this program.

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:

07/01/2008

This rule may become effective on:

07/08/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-488. Critical Languages [Pilot ]Program.

R277-488-1. Definitions.

A. "ACTFL OPI" means the American Council of Teachers of Foreign Language Oral Proficiency Interview which is a test, both written and verbal, offered at most Utah colleges and universities.

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

[I]C. "Credentialed international teacher" means a teacher sponsored under a separate Memoranda of Understanding between the USOE and China, Spain or Mexico. The Memoranda of Understanding are hereby incorporated by reference. Sponsored teachers shall satisfy all conditions of the Memoranda of Understanding prior to working with Utah students.

[C]D. "Critical language" means those languages described under Section 53A-15-104(1).

[D]E. "Critical language program" means the enhanced EDNET program and the international teacher exchange program as defined and funded under Section 53A-15-104.

F. "Dual language immersion" means a distinctive dual language education program in which native English speakers and active speakers of another language are integrated for academic content.

G. Dual language immersion instructional models are:

(1) "One-way" immersion is a program in which a student population consists of English language speakers with limited to no proficiency in the foreign immersion language. In such a model, less than 30 percent of the students have a native language other than English.

(2) "Two-way" immersion is a program in which a student population consists of a majority of English language speakers and a minority of language speakers other than English with dominance in their first language and home language support for this language. A 1:1 ratio is ideally maintained for these two language groups, but a minimum of one-third of each language group (such as 2:1 ratio) is required.

[E]H. "EDNET" means the state's two-way interactive system for video and audio, delivered and available to students in the state's public education system, as defined under Section 53A-15-104(2).

[F]I. "Electronic High School" means the state's electronic high school program explained in Section 53A-17a-131.15 and R277-725.

[G]J. "Foreign exchange student" means a student sponsored by an agency approved by the school district's local school board or charter school's governing board, subject to the limitations of Section 53A-2-206(2).

[H]K. "Language facilitator" means a paraprofessional or licensed educator who is fluent in the critical language being taught by EDNET and who is designated to participate in the Critical Languages [Pilot ]Program established under Section 53A-15-104.

L. "Secondary school" means grades 7-12 in whatever schools the grade levels exist.

[J]M. "USOE" means the Utah State Office of Education.

 

R277-488-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, by Section 53A-15-104 which directs the State Superintendent of Public Instruction and the Board to establish, administer, and [track a]expand the Critical Languages [Pilot ]Program and authorizes [a pilot program]the creation of a Dual Language Immersion Pilot Program, and by Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to establish criteria and procedures for distributing funds to [high]secondary schools participating in the Critical Languages [Pilot ]Program and funds to elementary schools participating in the Dual Language Pilot Program. The intent of this appropriation is to increase the number of students who reach proficiency in a critical language as well as build overall foreign language capacity in the state of Utah and to increase the number of biliterate and bilingual students.

 

R277-488-3. Critical Language Program Requirements.

A. A [high]secondary school that desires to participate in the Critical Languages [Pilot ]Program (enhanced EDNET, [or international teacher exchange]traditional instruction or visiting guest teacher program) shall submit an application, provided by the USOE and available each [April 15 to the USOE by May 15]March 14 to the USOE no later than April 14.

B. The application shall [provide]designate:

(1) a[n identified,] specific available classroom within the school district or charter school [where]for EDNET [can be ]access[ed], traditional instruction or [an]instruction by identified credentialed [international]visiting guest teacher teaching under a USOE/foreign country Memorandum of Understanding;

(2) a plan and procedure in place to notify students and parents of the availability of at least one critical language course identified in Section 53A-15-104(1);

(3) for schools using enhanced EDNET delivery, a qualified language facilitator hired and available to students who:

(a) is fluent in the critical language being taught;

(b) has established his fluency by receiving a score of intermediate high or higher on an ACTFL OPI test or USOE-approved equivalent;

(c) is qualified as a paraprofessional under R277-524; or

(d) is a Utah licensed educator; and

(e) has completed a criminal background check including review of identified offenses by the school district or charter school.

(4) requirements for the [international]visiting guest teacher exchange program:

(a) programs shall operate under a Memorandum of Understanding;

(b) international teacher expenses shall be paid as provided by the designated Memorandum of Understanding;

(c) all other conditions provided by individual Memoranda of Understanding shall be satisfied.

C. Schools applying for [both]either the enhanced EDNET, [and the international]traditional instruction or the visiting guest teacher program shall provide identified materials, including texts and consumables, purchased with funds appropriated by the Legislature.

 

R277-488-4. Dual Language Immersion Pilot Program Requirements.

A. The program shall provide funding for a planning year in 2008-09 with classes to begin in 2009-10.

B. The program shall provide funds beginning July 1, 2008 as an incentive to 15 qualifying schools to develop dual language programs for the following languages:

(1) Chinese (6);

(2) Spanish (6);

(3) French (2);

(4) Navajo (1).

C. An elementary school that desires to participate in the Dual Language Immersion Pilot Program (either one-way or two-way) shall submit an application, provided by the USOE and available by April 14 to the USOE by May 14.

D. Schools/school districts may request funding for no more than two additional pilot sites.

E. The application shall provide for an immersion model that uses 50 percent of instruction in English and 50 percent of instruction in another language including:

(1) an identified, instructional model (one-way or two-way), and language choice (Chinese, Spanish, French, or Navajo);

(2) beginning the instructional model in kindergarten, grade 1 or both, and adding an additional grade each year; and

(3) a plan and procedure in place to notify students and parents of the availability of at least one dual language immersion course identified in Section 53A-15-104(1).

F. Priority in funding shall be given to schools in school districts or charter schools that do not currently teach the requested language choice; and

(a) demonstrate adequate local funding and infrastructure to begin a pilot program or expand existing programs;

(b) demonstrate community interest and students committed and prepared to participate in a new or expanded pilot program, including prepared instructors for the program;

(c) have adequate interest, resources, and infrastructure, but do not presently have a program under R277-488;

(d) have a demonstrated community need for improved or expanded foreign language instruction in a specific school or community; and

(e) allow pilot language programs to include all languages identified in Section 53A-15-105.

G. Schools shall hire qualified language teachers for students who:

(1) have a world language endorsement in the language of instruction (Chinese, Spanish, French or Navajo) for a one-way dual language immersion program or a bilingual endorsement in the language of instruction (Chinese, Spanish, French or Navajo) for a two-way dual language immersion program;

(2) are Utah licensed elementary educators; and

(3) have completed a criminal background check, including review of identified offenses by the USOE.

 

R277-488-[4]5. USOE Responsibilities and Funds.

A. Applications for the expanded Critical Languages Program and Dual Immersion Pilot Program shall be provided by the USOE.

B. [High]Secondary and elementary schools shall be selected for funding for both programs based on an evaluation of applications by a USOE-designated committee which shall include statewide experts.

C. Awards shall be made to individual [high]secondary or elementary schools and funds allocated to school districts and charter schools to be fully distributed to designated[ high] schools.

D. Each [high]secondary school selected for funding shall receive a base allocation per critical language offered at the [high ]school, designated in Section 53A-15-104(6)(a).

E. Each elementary school selected for funding shall receive a base allocation per dual language immersion offered at the elementary school, designated in Section 53A-15-104(6)(a).

[E]F. Each [high]secondary school selected for funding shall receive a supplemental allocation designated in Section 53A-15-104(6)(b).

(1) School districts and charter schools approved for participation under this rule shall receive funds for students who complete a critical language course with a grade of C or better by June 15;

(2) [High]Secondary schools shall receive additional funding for foreign exchange students enrolled in a high school who complete a critical language course, as designated in Section 53A-15-104(6)(c) and consistent with R277-612.

[F]G. Based on available funds, [high]secondary and elementary schools shall receive six years of ongoing funding.

[G]H. Schools eligible for funding shall be notified by the USOE by June 1[, 2007] annually.

 

R277-488-[5]6. Evaluation and Reports.

A. Each [high]secondary or elementary school selected for funding shall be required to submit an annual evaluation report to the USOE consistent with Section 53A-15-104[ and, if applicable, the requirements of the international teacher exchange program covered by the Memorandum of Understanding].

B. The USOE may request additional data from [high]secondary or elementary schools that receive funding.

 

KEY: critical languages, dual language immersion

Date of Enactment or Last Substantive Amendment: [July 9, 2007]2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-15-104; 53A-1-401(3)