Second Regular Session

Sixty-sixth General Assembly

STATE OF COLORADO
INTRODUCED

LLS NO. 08-0265.01 Jane Ritter SENATE BILL 08-021

SENATE SPONSORSHIP
Romer,

HOUSE SPONSORSHIP
Casso,

Senate Committees House Committees

Education

A BILL FOR AN ACT

101 CONCERNING THE CREATION OF AN ENGLISH LANGUAGE COMPETENCY
102 PILOT PROGRAM.

Bill Summary

(Note: This summary applies to this bill as introduced and does

not necessarily reflect any amendments that may be subsequently
adopted.)

Creates the English language competency pilot program ("pilot

program") to provide intensive language intervention to assist students
whose dominant language is not English to achieve greater English
language competency prior to graduation from high school. Identifies the
school districts that will participate in the pilot program. Outlines the
criteria for a student to be required to participate in the pilot program and
the framework for the course of study. Requires the department of

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
 education ("department") to monitor the pilot program and report its
findings to the state board of education ("board"). Requires the board to
report to the education committees of the house of representatives and the
senate concerning whether or not to expand the pilot program to a
statewide level. Requires the general assembly to expand the pilot
program statewide after 3 years if the board determines it was successful.
Creates the English language competency fund ("fund") and authorizes
the department to accept gifts, grants, and donations into the fund.
Encourages non-English language television and radio stations to make
voluntary contributions to the fund. Repeals the article, unless the
general assembly expands the pilot program statewide after 3 years.

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. Title 22, Colorado Revised Statutes, is amended BY
3 THE ADDITION OF A NEW ARTICLE to read:
4 ARTICLE 24.5
5 English Language Competency Pilot Program
6 22-24.5-101. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
7 CONTEXT OTHERWISE REQUIRES:

8 (1) "ASSESSMENT LEVEL" MEANS THE STATE ENGLISH LANGUAGE

9 PROFICIENCY LEVELS ESTABLISHED BY THE STATE BOARD PURSUANT TO

10 SECTION 22-24-106 (1) (a.3) FOR STUDENTS WHOSE DOMINANT LANGUAGE

11 IS NOT ENGLISH.

12 (2) "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION

13 CREATED IN SECTION 24-1-115, C.R.S.

14 (3) "DISTRICT" MEANS ONE OR MORE SCHOOL DISTRICTS OR A

15 BOARD OF COOPERATIVE SERVICES ORGANIZED AND EXISTING PURSUANT

16 TO LAW, BUT DOES NOT INCLUDE A JUNIOR COLLEGE DISTRICT.

17 (4) "ELIGIBLE STUDENT" MEANS A STUDENT WHO IS REQUIRED TO

18 TAKE THE ENGLISH LANGUAGE ASSESSMENT IN ELEVENTH GRADE IN 2008,

19 2009, AND 2010, AND WHO SCORES AN ASSESSMENT LEVEL OF ONE OR

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 1 TWO.

2 (5) "ENGLISH LANGUAGE ASSESSMENT" MEANS THE STATEWIDE

3 ENGLISH LANGUAGE ASSESSMENT DEVELOPED AND APPROVED BY THE

4 DEPARTMENT PURSUANT TO SECTION 22-24-106 AND ADMINISTERED TO

5 STUDENTS WHOSE DOMINANT LANGUAGE IS NOT ENGLISH.

6 (6) "PILOT PROGRAM" MEANS THE ENGLISH LANGUAGE

7 COMPETENCY PILOT PROGRAM CREATED IN SECTION 22-24.5-102.

8 (7) "STATE BOARD" MEANS THE STATE BOARD OF EDUCATION

9 CREATED IN SECTION 1 OF ARTICLE IX OF THE STATE CONSTITUTION.

10 (8) "STUDENT WHOSE DOMINANT LANGUAGE IS NOT ENGLISH"

11 SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION 22-24-103 (4).

12 22-24.5-102. English language competency pilot program -

13 creation. THERE IS HEREBY CREATED THE ENGLISH LANGUAGE

14 COMPETENCY PILOT PROGRAM. THE PURPOSE OF THE PILOT PROGRAM IS

15 TO PROVIDE INTENSIVE LANGUAGE INTERVENTION TO ASSIST STUDENTS

16 WHOSE DOMINANT LANGUAGE IS NOT ENGLISH TO ACHIEVE GREATER

17 ENGLISH LANGUAGE COMPETENCY PRIOR TO GRADUATION FROM HIGH

18 SCHOOL.

19 22-24.5-103. Pilot program - participating school districts -

20 criteria - policies and procedures. (1) IN IMPLEMENTING THE PILOT
21 PROGRAM, THE DEPARTMENT SHALL WORK WITH THE DENVER, AURORA,

22 AND ADAMS 14 SCHOOL DISTRICTS AND WITH A RURAL SCHOOL DISTRICT

23 TO BE SELECTED BY THE DEPARTMENT.

24 (2) BEGINNING WITH THE 2008-09 ACADEMIC YEAR, EACH SCHOOL

25 DISTRICT PARTICIPATING IN THE PILOT PROGRAM SHALL REQUIRE EACH

26 ELIGIBLE STUDENT TO ATTEND AN INTENSIVE ENGLISH LANGUAGE

27 INTERVENTION COURSE DEVELOPED OR APPROVED BY THE SCHOOL

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 1 DISTRICT. THE INTENSIVE ENGLISH LANGUAGE INTERVENTION COURSE
2 NEED NOT BE PROVIDED AT A PUBLIC SCHOOL.

3 (3) A COUNSELOR OR HIS OR HER DESIGNEE AT THE ELIGIBLE

4 STUDENT'S SCHOOL SHALL DEVELOP AN INDIVIDUAL PLAN FOR THE

5 STUDENT. THE INDIVIDUAL PLAN SHALL, AT A MINIMUM, INCLUDE THE

6 LENGTH OF TIME THE ELIGIBLE STUDENT SHALL BE REQUIRED TO

7 PARTICIPATE IN AN INTENSIVE ENGLISH LANGUAGE INTERVENTION COURSE

8 OF STUDY. THE INDIVIDUAL PLAN SHALL BE CREATED WITH THE GOAL OF

9 RAISING THE ELIGIBLE STUDENT'S ENGLISH LANGUAGE COMPETENCY AT

10 LEAST ONE FULL ASSESSMENT LEVEL.

11 (4) A STUDENT SHALL NOT BE PREVENTED FROM GRADUATING DUE

12 TO A FAILURE TO COMPLETE HIS OR HER COURSE OF STUDY IN THE PILOT

13 PROGRAM OR TO RAISE HIS OR HER ENGLISH LANGUAGE COMPETENCY ONE

14 FULL LEVEL.

15 (5) A STUDENT PARTICIPATING IN THE PILOT PROGRAM SHALL NOT

16 BE REQUIRED TO RETAKE THE ENGLISH LANGUAGE ASSESSMENT AT THE
17 END OF HIS OR HER PARTICIPATION IN THE PILOT PROGRAM, BUT THE

18 STUDENT'S SCHOOL DISTRICT SHALL ENCOURAGE THE STUDENT TO TAKE

19 A VERSION OF AN ENGLISH LANGUAGE ASSESSMENT AT THE END OF HIS OR

20 HER PARTICIPATION IN THE PILOT PROGRAM FOR EVALUATION PURPOSES.

21 (6) A COURSE THAT FULFILLS THE REQUIREMENT FOR THE PILOT

22 PROGRAM MAY ALSO FULFILL ANOTHER HIGH SCHOOL GRADUATION

23 REQUIREMENT IN SOCIAL STUDIES, SCIENCE, CIVICS, MATHEMATICS, OR

24 OTHER REQUIRED SUBJECT.

25 22-24.5-104. Pilot program - reporting requirements. (1) THE

26 DEPARTMENT SHALL MONITOR THE PILOT PROGRAM AND SUBMIT A

27 WRITTEN REPORT TO THE STATE BOARD ON OR BEFORE DECEMBER 1, 2010.

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 1 THE REPORT SHALL INCLUDE FINDINGS RELATED TO HOW THE PILOT

2 PROGRAM AFFECTED DROPOUT RATES, WHETHER THE PILOT PROGRAM WAS

3 A NET DETRIMENT TO THE PARTICIPATING SCHOOL DISTRICT'S OVERALL

4 LANGUAGE PROGRAMS, AND WHETHER A STATEWIDE VERSION OF THE

5 PILOT PROGRAM WOULD BE AN UNFUNDED MANDATE.

6 (2) THE STATE BOARD SHALL EVALUATE THE SUCCESS OF THE

7 PILOT PROGRAM IN RAISING THE ENGLISH LANGUAGE COMPETENCY OF

8 PARTICIPATING HIGH SCHOOL STUDENTS. ON OR BEFORE JANUARY 30,

9 2011, THE STATE BOARD SHALL MAKE A REPORT TO THE EDUCATION

10 COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, OR

11 ANY SUCCESSOR COMMITTEES, INCLUDING A RECOMMENDATION ON

12 WHETHER TO EXPAND THE PILOT PROGRAM TO A STATEWIDE LEVEL OR TO

13 DISCONTINUE IT. THE RECOMMENDATION SHALL BE BASED IN PART ON THE

14 DEPARTMENT'S FINDINGS IN SUBSECTION (1) OF THIS SECTION. THE STATE
15 BOARD'S REPORT SHALL ALSO INCLUDE A RECOMMENDATION ON WHETHER

16 THE ENGLISH LANGUAGE COMPETENCY PROGRAM SHOULD BE FUNDED

17 THROUGH THE "PUBLIC SCHOOL FINANCE ACT OF 1994", ARTICLE 54 OF

18 THIS TITLE.

19 22-24.5-105. Pilot program - expansion to statewide level.

20 (1) IF THE STATE BOARD RECOMMENDS TO THE GENERAL ASSEMBLY

21 PURSUANT TO SECTION 22-24.5-104 THAT THE PILOT PROGRAM SHOULD BE

22 EXPANDED TO A STATEWIDE LEVEL, AND THE GENERAL ASSEMBLY

23 APPROVES SUCH AN EXPANSION, THEN THIS ARTICLE SHALL NOT BE

24 REPEALED.

25 (2) IF THE PILOT PROGRAM IS EXPANDED TO A STATEWIDE LEVEL,

26 A SCHOOL DISTRICT MAY REQUEST A WAIVER OF PARTICIPATION FROM THE

27 STATE BOARD IF IT CAN DEMONSTRATE THAT AT LEAST NINETY PERCENT

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 1 OF THE STUDENTS WHOSE DOMINANT LANGUAGE IS NOT ENGLISH WHO ARE

2 ENROLLED IN THE DISTRICT ARE AT AN ASSESSMENT LEVEL OF THREE OR

3 HIGHER, EXCLUDING THOSE STUDENTS WHO ARE ELIGIBLE FOR THE STATE'S

4 ALTERNATE ASSESSMENT FOR STUDENTS WITH DISABILITIES AS DESCRIBED

5 IN SECTION 22-7-409 (1.2) (d) (I) (A).

6 22-24.5-106. Funding - appropriation - gifts, grants, and
7 donations. (1) THERE IS HEREBY CREATED IN THE STATE TREASURY THE
8 ENGLISH LANGUAGE COMPETENCY FUND, REFERRED TO IN THIS SECTION
9 AS THE "FUND", TO PROVIDE FOR THE PAYMENT OF EXPENSES IN

10 CONNECTION WITH THIS ARTICLE. THE FUND SHALL BE ADMINISTERED BY

11 THE STATE TREASURER AND SHALL CONSIST OF SUCH MONEYS AS MAY BE

12 APPROPRIATED THERETO BY THE GENERAL ASSEMBLY AND ANY OTHER

13 MONEYS RECEIVED BY THE DEPARTMENT PURSUANT TO THIS SECTION. THE

14 MONEYS IN THE FUND SHALL BE CONTINUOUSLY APPROPRIATED TO THE

15 DEPARTMENT FOR THE PURPOSES SPECIFIED IN THIS ARTICLE. THE

16 DEPARTMENT MAY ANNUALLY EXPEND UP TO ONE PERCENT OF THE

17 MONEYS ANNUALLY APPROPRIATED TO THE FUND TO OFFSET THE

18 DOCUMENTED COSTS INCURRED IN IMPLEMENTING THE PROVISIONS OF THIS

19 ARTICLE. ANY MONEYS IN THE FUND NOT EXPENDED FOR THE PURPOSES
20 OF THIS ARTICLE MAY BE INVESTED BY THE STATE TREASURER AS

21 PROVIDED BY LAW. ALL INTEREST DERIVED FROM THE DEPOSIT AND

22 INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND.

23 ANY UNEXPENDED AND UNENCUMBERED MONEYS REMAINING IN THE FUND

24 AT THE END OF A FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT

25 BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER

26 FUND.

27 (2) THE DEPARTMENT IS AUTHORIZED TO SEEK AND ACCEPT GIFTS,

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 1 GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE

2 PURPOSES OF THIS ARTICLE. ALL PRIVATE AND PUBLIC FUNDS RECEIVED

3 THROUGH GIFTS, GRANTS, OR DONATIONS SHALL BE TRANSMITTED TO THE

4 STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE FUND.

5 (3) EACH NON-ENGLISH SPEAKING RADIO AND TELEVISION STATION

6 IN COLORADO IS ENCOURAGED TO MAKE A VOLUNTARY DONATION TO THE

7 FUND IN THE AMOUNT OF THREE PERCENT OF THE GROSS ANNUAL COSTS OF

8 MARKETING IN A NON-ENGLISH LANGUAGE. THE DEPARTMENT IS

9 AUTHORIZED TO SEEK AND ACCEPT THE VOLUNTARY DONATIONS.

10 22-24.5-107. Repeal of article. THIS ARTICLE IS REPEALED,

11 EFFECTIVE JULY 1, 2011, UNLESS THE GENERAL ASSEMBLY APPROVES AN

12 EXPANSION OF THE PILOT PROGRAM TO A STATEWIDE LEVEL PURSUANT TO

13 SECTION 22-24.5-105.

14 SECTION 2. Safety clause. The general assembly hereby finds,

15 determines, and declares that this act is necessary for the immediate
16 preservation of the public peace, health, and safety.

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