DAR File No. 43271

Education, Administration

Rule R277-488

Critical Languages and Dual Language Immersion Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 43271
Filed: 10/15/2018 03:28:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to conform with the recent changes made to the Dual Language Immersion program in S.B. 117 from the 2018 General Session.

Summary of the rule or change:

This rule is being amended to conform with the recent changes made to the Dual Language Immersion program in S.B. 117 from the 2018 General Session, including the required proficiency assessment and program evaluation. This amendment also makes conforming changes to align with S.B. 117 (2018) regarding transitioning the pilot program to a permanent program.

Statutory or constitutional authorization for this rule:

• Article X, Section 3
• Section 53E-3-401
• Section 53F-2-502

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because this rule is being amended to conform with the recent changes made to the Dual Language Immersion program in S.B. 117 (2018), including the required proficiency assessment and program evaluation. These amendments also makes conforming changes to align with S.B. 117 (2018) regarding transitioning the pilot program to a permanent program. Funding was provided for the required proficiency assessment to the Utah State Board of Education (Board) that covers statewide implementation.

local governments:

These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures because this rule is being amended to conform with the recent changes made to the Dual Language Immersion program in S.B. 117 (2018), including the required proficiency assessment and program evaluation. These amendments also makes conforming changes to align with S.B. 117 (2018) regarding transitioning the pilot program to a permanent program. Funding was provided for the required proficiency assessment to the Board that covers statewide implementation.

small businesses:

These rule changes are not expected to have any fiscal impact on on small businesses' revenues or expenditures because this rule is being amended to conform with the recent changes made to the Dual Language Immersion program in S.B. 117 (2018), including the required proficiency assessment and program evaluation. These amendments also makes conforming changes to align with S.B. 117 (2018) regarding transitioning the pilot program to a permanent program. Funding was provided for the required proficiency assessment to the Board that covers statewide implementation.

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

These rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because this rule is being amended to conform with the recent changes made to the Dual Language Immersion program in S.B. 117 (2018), including the required proficiency assessment and program evaluation. These amendments also makes conforming changes to align with S.B. 117 (2018) regarding transitioning the pilot program to a permanent program. Funding was provided for the required proficiency assessment to the Board that covers statewide implementation.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on large or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

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 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov

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:

12/03/2018

This rule may become effective on:

12/10/2018

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). This rule change has no fiscal impact on local education agencies and will not have a fiscal impact on large or small businesses.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

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

R277-488-1. Authority and Purpose.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

[(b) Section 53F-2-516, which requires the Board to establish a Critical Languages Program;]

([c]b) Section 53F-2-502, which requires the Board to establish a Dual Language Immersion program; and

([d]c) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

(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];

(b) increase the number of students who reach proficiency in world languages;

(c) build overall world language capacity in the state of Utah; and

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

 

R277-488-2. Definitions.

[(1) "Critical languages" means those languages described under Subsection 53F-2-516(1)(a).

(2) "Critical Languages Program" means the program described under Section 53F-2-516.]

[(3)](1) "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.

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

 

R277-488-3 [4]. Dual Language Immersion Program Requirements.

(1) The Superintendent shall disburse DLI program funds by July 1 of each fiscal year subject to state appropriation.

(2) The DLI program shall support world languages approved by the Superintendent.

(3) The Superintendent shall annually 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 the deadline specified in the application[May 14] annually to be considered for elementary [and secondary ]school DLI program funding in the subsequent school year.

(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;

(b) an instructional model identified in R277-488-2(4)(b);]

[(c)](a) a world language approved by the Superintendent;

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

[(e)](c) a plan and procedure in place to notify students and parents of the availability of at least one DLI course.

(6) The Superintendent shall give priority in DLI program funding to an LEA that:

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

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

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

(d) has adequate interest, resources, and infrastructure, but does not presently have a DLI program; and

(e) has a demonstrated community need for improved or expanded world language instruction in a specific school or community.

(7) A school receiving DLI program funds shall hire qualified world language teachers who:

(a) have a world language endorsement in the language of instruction and a DLI endorsement; and

(b) are Utah licensed elementary or secondary educators.

 

R277-488-[ 3 ]4. [Critical Language Program ]Proficiency Assessment Requirements.

(1) The Superintendent shall select a proficiency assessment through an appropriate procurement process.

(2) The proficiency assessment described in Subsection (1) shall assess the following areas of proficiency:

(a) listening;

(b) speaking;

(c) reading; and

(d) writing.

(3) An LEA DLI program shall administer the proficiency assessment selected by the Superintendent as described in Subsection (1) for certain areas of proficiency listed in subsection (2) at each grade level starting at Grade 3 and through Grade 9.

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

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

(a) the name of the school district or charter school;

(b) a plan and procedure to notify students and parents of the names of the critical languages that will support the dual language immersion continuation into secondary schools consistent with Subsection 53F-2-516(1); and

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

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

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

(iii) satisfaction of all other conditions provided by individual Memoranda of Understanding.

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

 

R277-488-5. International Guest Teacher Requirements

(1) An LEA may offer world languages through the DLI program using an international guest teacher as outlined in R277-527.

 

R277-488-[5]6. Dual Language Immersion Funds.

(1) [Secondary and e]Elementary schools shall be selected for funding for the DLI program based on an evaluation of applications by the Superintendent.

(a) Secondary schools shall receive funding as recipients of DLI students through the regular school feeder system.

(2) The Superintendent shall make an award to an individual elementary or secondary school and allocate funds to the school's LEA to be fully distributed to the school based on the annual legislative funding allocation.

(3) The Superintendent shall notify a new school eligible for funding of a funds award for the subsequent fiscal year by June 1 annually.

 

R277-488- 7[6]. Evaluation and Reports.

(1) Each school selected for funding shall submit an annual evaluation report to the Superintendent.

(2) The Superintendent may request additional data from a secondary or elementary school that receives funding.

 

KEY: critical languages, dual language immersion

Date of Enactment or Last Substantive Amendment: [August 7, 2017]2018

Notice of Continuation: June 6, 2017

Authorizing, and Implemented or Interpreted Law: Art X Sec 3;[53F-2-51116;] 53F-2-502; 53E-3-401[(4)]