DAR File No. 41781

Education, Administration

Rule R277-488

Critical Languages Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 41781
Filed: 06/09/2017 12:29:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-488 is amended to update the rule in accordance with the Rulewriting Manual for Utah.

Summary of the rule or change:

The amendments to Rule R277-488 provide technical and conforming changes in accordance with the Rulewriting Manual for Utah, and provide some changes in terminology.

Statutory or constitutional authorization for this rule:

• Section 53A-15-104
• Art X, Sec 3
• Section 53A-1-401
• Section 53A-15-105

Anticipated cost or savings to:

the state budget:

Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to the state budget.

local governments:

Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to local government.

small businesses:

Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

Changes to the rule are primarily restructuring and technical which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Changes to the rule are primarily restructuring and technical which will likely not result in any compliance costs for affected persons.

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

After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses.

Sydnee Dickson, State Superintendent

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

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

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at [email protected]

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:

07/31/2017

This rule may become effective on:

08/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-488. Critical Languages and Dual Language Immersion Program.

R277-488-[ 2 ]1. Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision [of]over public education in the Board[,]; [by Section 53A-15-104 which directs the State Superintendent of Public Instruction and the Board to track, monitor, and may expand the Critical Languages Program and dual immersion programs subject to student interest and available funding, and by]

(b) Section 53A-15-104, which requires the Board to establish a Critical Languages Program;

(c) Section 53A-15-105, which requires the Board to establish a Dual Language Immersion program; and

(d) Section 53A-1-401[(3)], which [permits]allows the Board to [adopt rules in accordance with its responsibilities]make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

[B.](2) The purpose of this rule is to:

(a) establish criteria and procedures for distributing funds to elementary and secondary schools participating in the Dual Language Immersion Program and Critical Languages Program[and funds to elementary schools participating in the Dual Language Program. The intent of this appropriation is to];

(b) increase the number of students who reach proficiency in [a critical language]world languages;[as well as]

(c) build overall [foreign]world language capacity in the state of Utah; and[to]

(d) increase the number of biliterate and bilingual students.

 

R277-488-[1]2. Definitions.

[A. "ACTFL OPI" means the American Council of Teachers of Foreign Language Oral Proficiency Interview which is an oral test, offered at most Utah colleges and universities.

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

C. "Credentialed international teacher" means a teacher sponsored under a separate Memoranda of Understanding between the USOE and China, Spain, Mexico, France or Taiwan . 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.]

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

[E.](2) "Critical Languages Program" means the program described under Section 53A-15-104.

[F.](3) "Dual language immersion" or "DLI" 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.]

[H.](4) "Secondary school" means grades 7-12 in whatever schools the grade levels exist.

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

 

R277-488-3. Critical Language Program Requirements.

[A.](1) A secondary school that desires to offer critical languages, [(]through traditional instruction or a visiting guest teacher program[)], shall submit an application, [provided by the USOE and available each April 1 ]to the [USOE]Superintendent no later than May 1.

[B.](2) An LEA[The] application shall be on a form provided by the Superintendent annually by April 1, which shall designate:

([1]a) the name of the school district or charter school;

([2]b) a plan and procedure to notify students and parents of the names of the critical language[(]s[)] that will support the dual language immersion continuation into secondary schools consistent with Subsection 53A-15-104(1); and

([3]c) requirements for the visiting guest teacher exchange program, including:

([a]i) programs shall operate under a Memorandum of Understanding between the [USOE]Board and the country providing qualified guest teachers;

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

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

[C.](3) A [S]school[s] applying for either the traditional instruction or the visiting guest teacher program shall use materials identified and recommended by the [USOE]Superintendent, including texts and consumables, purchased with funds appropriated by the Legislature.

 

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

[A.](1) The Superintendent shall disburse DLI program funds[shall provide funds] by July 1 of each fiscal year [the Legislature continues to provide funding for the program]subject to state appropriation.

(2) The [Dual Language Immersion programs]DLI program shall support [the following foreign]world languages approved by the Superintendent.[:

(1) Chinese;

(2) French;

(3) Portuguese; and

(4) Spanish.

B. An elementary school that desires to participate in the Dual Language Immersion Program shall submit an application, provided by the USOE and available annually by April 14 to the USOE by May 14.]

(3) The Superintendent shall provide an application for an LEA to receive funding for DLI programs by April 14 annually.

(4) An LEA shall submit an application described in Subsection (3) no later than May 14 annually to be considered for elementary and secondary school DLI program funding in the subsequent school year.

[C. 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:]

(5) An application for DLI program funds shall include a plan that includes:

(a) 50 percent of instruction in English and 50 percent of instruction in another language;

([1]b) an [identified, ]instructional model [(one-way or two-way)]identified in R277-488-2(4)(b)[, and language choice (Chinese, French, Portuguese or Spanish)];

(c) a language approved by the Superintendent;

([2]d) [beginning]a timeline that begins the instructional model in kindergarten[,] or grade 1[or both], and [adding]adds an additional grade each year; and

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

[D.](6) The Superintendent shall give [P]priority in DLI program funding [shall be given ]to [schools in school districts or charter schools]an LEA that:

(a) does not currently teach the requested language choice;[and]

([a]b) demonstrates adequate local funding and infrastructure to begin a program or expand existing programs;

([b]c) demonstrates community interest and students committed and prepared to participate in a new or expanded program, including prepared instructors for the program;

([c]d) [have]has adequate interest, resources, and infrastructure, but does not presently have a DLI program[under R277-488]; and

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

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

[E.](7) [Schools]A school receiving DLI program funds shall hire qualified language teachers who:

([1]a) have a world language endorsement in the language of instruction [(Chinese, French, Portuguese or Spanish for a one-way dual language immersion program ]and a [Dual Language Immersion]DLI endorsement[in the language of instruction (Chinese, French, Portuguese or Spanish for both a one-way and two-way dual language immersion program]; and

([2]b) are Utah licensed elementary or secondary educators[; and].

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

 

R277-488-5. [ USOE Responsibilities and ] Dual Language Immersion Funds.

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

[B.](1) Secondary and elementary schools shall be selected for funding for [both programs]the DLI program based on an evaluation of applications by [a USOE-designated committee which shall include statewide experts]the Superintendent.

[C.](2) The Superintendent shall make an[A]award[s shall be made] to an individual elementary or secondary school[s] and allocate funds [allocated ]to [school districts and charter schools]the school's LEA to be fully distributed to [designated]the school[s]based on the annual legislative funding allocation.

[D. Each secondary school selected for funding shall receive a base allocation per critical language offered at the 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).]

[F.](3) The Superintendent shall notify a [N]new school[s] eligible for funding of a funds award for the subsequent fiscal year[shall be notified by the USOE] by June 1 annually[ and shall receive funds in the subsequent fiscal year].

 

R277-488-6. Evaluation and Reports.

[A.](1) Each school selected for funding shall [be required to ]submit an annual evaluation report to the [USOE consistent with Section 53A-15-104]Superintendent.

[B.](2) The [USOE]Superintendent may request additional data from a secondary or elementary school[s] that receive s funding.

 

KEY: critical languages, dual language immersion

Date of Enactment or Last Substantive Amendment: [ August 8, 2012 ] 2017

Notice of Continuation: June 15, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-15-104; 53A-15-105; 53A-1-401[(3)]