Arizona 2025 Regular Session

Arizona Senate Bill SCR1037 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: schools; English language learners; requirements State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SCR 1037 Introduced by Senators Diaz: Alston, Bravo, Sundareshan A Concurrent Resolution enacting and ordering the submission to the people of a measure relating to english language education for children in public schools. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9
10	10
11	11	REFERENCE TITLE: schools; English language learners; requirements
12	12	State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
13	13	SCR 1037
14	14	Introduced by Senators Diaz: Alston, Bravo, Sundareshan
15	15
16	16	REFERENCE TITLE: schools; English language learners; requirements
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26	State of Arizona
27	27
28	28	Senate
29	29
30	30	Fifty-seventh Legislature
31	31
32	32	First Regular Session
33	33
34	34	2025
35	35
36	36
37	37
38	38
39	39
40	40
41	41
42	42	SCR 1037
43	43
44	44
45	45
46	46	Introduced by
47	47
48	48	Senators Diaz: Alston, Bravo, Sundareshan
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64
65	65
66	66	A Concurrent Resolution
67	67
68	68
69	69
70	70	enacting and ordering the submission to the people of a measure relating to english language education for children in public schools.
71	71
72	72
73	73
74	74
75	75
76	76	(TEXT OF BILL BEGINS ON NEXT PAGE)
77	77
78	78
79	79
80	80	Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring: 1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to English language education for children in public schools, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor: An Act repealing sections 15-752, 15-753, 15-754 and 15-755, Arizona Revised Statutes; amending sections 15-756 and 15-756.01, Arizona Revised Statutes; relating to english language education for children in public schools. Be it enacted by the Legislature of the State of Arizona: Section 1. Repeal Sections 15-752, 15-753, 15-754 and 15-755, Arizona Revised Statutes, are repealed. Sec. 2. Section 15-756, Arizona Revised Statutes, is amended to read: START_STATUTE15-756. English language learners; identification; duty of schools; enforcement A. The primary or home language for all new pupils who enroll in a school district or charter school shall be identified in a manner prescribed by the superintendent of public instruction. B. The English language proficiency of all pupils with a primary or home language other than English shall be assessed through the administration of by administering English language proficiency assessments in a manner prescribed by the superintendent of public instruction. The test scores adopted by the superintendent as indicating English language proficiency shall be based on the test publishers' designated scores. The department shall annually request an appropriation to pay for the purchase of all language proficiency assessments, and scoring and ancillary materials as prescribed by the department for school districts and charter schools. C. If it is determined that a pupil is not English language proficient, the pupil shall be classified as an English language learner and shall be enrolled in an English language education program pursuant to section 15-752 or 15-753. D. Each public school in this state shall ensure that all English language learners: 1. Receive the highest quality education. 2. Master the English language. 3. Access high quality, innovative research-based language programs. E. The parent or legal guardian of any pupil in this state has legal standing to sue for enforcement of subsection D of this section and, if successful, shall be awarded normal and customary attorney fees and actual and compensatory damages but not punitive or consequential damages. END_STATUTE Sec. 3. Section 15-756.01, Arizona Revised Statutes, is amended to read: START_STATUTE15-756.01. State board of education; research-based and evidence-based models of structured English immersion; alternative English instruction models; English language learners; budget requests; definitions A. The state board of education shall adopt and approve research-based and evidence-based models of structured English immersion for school districts and charter schools to use. The department of education shall provide adequate staff support for the state board to comply with this article. The models shall take into consideration consider at least the size of the school, the location of the school, the grade levels at the school, the number of English language learners and the percentage of English language learners. The state board shall adopt and approve models that include a minimum amount of English language development as follows: 1. One hundred twenty minutes per day, six hundred minutes per week or three hundred sixty hours per school year for pupils in kindergarten programs and grades one through five. 2. One hundred minutes per day, five hundred minutes per week or three hundred hours per school year for pupils in grades six through twelve. B. The state board of education shall adopt alternative English instruction models pursuant to section 15-753 that are based on evidence and research. C. Pursuant to section 15-756.02, school districts and charter schools may submit models of structured English immersion and alternative English instruction to the state board of education for approval. D. The research-based and evidence-based models of structured English immersion adopted and approved by the state board of education shall be the most cost-efficient models that meet all state and federal laws. E. The research-based and evidence-based models of structured English immersion and the alternative English instruction models shall be limited to a regular school year and school day. Instruction outside the regular school year or school day shall be provided with compensatory instruction and may be eligible for funding from the statewide compensatory instruction fund established by section 15-756.11. F. The state board of education shall submit the research-based and evidence-based models of structured English immersion and the alternative English instruction models to the president of the senate, the speaker of the house of representatives and the governor. At least thirty days before adoption or approval, the state board shall submit the research-based and evidence-based models of structured English immersion and the alternative English instruction models to the joint legislative budget committee for review. G. The state board of education shall review the research-based and evidence-based models of structured English immersion and the alternative English instruction models annually and delete from, add to or modify the existing models. When adopting, approving or modifying English language learner programs, the state board shall review and consider the information and data obtained as a result of the department of education's monitoring of English language learner programs pursuant to section 15-756.08. H. The state board of education shall establish procedures for school districts and charter schools to determine the incremental costs to implement the research-based and evidence-based models of structured English immersion and the alternative English instruction models that the state board adopts or approves. I. The state board of education shall establish a framework to evaluate the models prescribed in this section that are submitted for approval. The state board shall solicit input from experienced educators. The framework shall ensure that the adopted or approved models meet all of the following criteria: 1. Provide coherent instruction aligned with this state's English language proficiency standards. 2. Include oral and written language instruction, including structured opportunities to develop verbal and written skills and comprehension strategies. 3. Include access to complex language content through grade-level textbooks with appropriate supports. 4. Include parental engagement strategies. J. The state board of education shall establish a form for school districts and charter schools to determine the structured English immersion and alternative English instruction budget request amount. Notwithstanding any other law, the maximum amount of the budget request shall be the incremental costs of the model selected offset by the portion of desegregation monies levied pursuant to section 15-910 determined by the English language learner population as a percentage of the qualified population and the ELL support level weight prescribed in section 15-943. K. The difference calculated pursuant to subsection J of this section shall be the maximum amount of the structured English immersion and alternative English instruction budget request pursuant to section 15-756.03 for monies from the Arizona English language learner fund established by section 15-756.04. L. In consultation with the auditor general, the department of education shall develop and adopt forms to be used by school districts and charter schools to submit budget requests for the Arizona English language learner fund, including the form prescribed in subsection J of this section. M. This section does not prohibit a pupil who is designated as an English language learner from being concurrently enrolled in a structured English immersion model and an alternative English instruction model. N. Notwithstanding any other law, school districts and charter schools may establish dual-language immersion programs for both native and nonnative English speakers. Public schools shall provide pupils with effective and appropriate instructional methods to establish English language acquisition programs and shall solicit community and stakeholder input on these methods and programs. N. O. For the purposes of this section: 1. "Compensatory instruction" has the same meaning prescribed in section 15-756.11. 2. "Incremental costs": (a) Means costs that are associated with a structured English immersion program pursuant to section 15-752 or an alternative English instruction program pursuant to section 15-753 and that are in addition to the normal costs of conducting programs for English proficient students. Incremental costs do (b) Does not include costs that replace the same types of services provided to English proficient students or compensatory instruction. END_STATUTE Sec. 4. Conforming legislation The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-eighth legislature, first regular session. 2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.
81	81
82	82	Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
83	83
84	84	1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to English language education for children in public schools, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
85	85
86	86	An Act
87	87
88	88	repealing sections 15-752, 15-753, 15-754 and 15-755, Arizona Revised Statutes; amending sections 15-756 and 15-756.01, Arizona Revised Statutes; relating to english language education for children in public schools.
89	89
90	90	Be it enacted by the Legislature of the State of Arizona:
91	91
92	92	Section 1. Repeal
93	93
94	94	Sections 15-752, 15-753, 15-754 and 15-755, Arizona Revised Statutes, are repealed.
95	95
96	96	Sec. 2. Section 15-756, Arizona Revised Statutes, is amended to read:
97	97
98	98	START_STATUTE15-756. English language learners; identification; duty of schools; enforcement
99	99
100	100	A. The primary or home language for all new pupils who enroll in a school district or charter school shall be identified in a manner prescribed by the superintendent of public instruction.
101	101
102	102	B. The English language proficiency of all pupils with a primary or home language other than English shall be assessed through the administration of by administering English language proficiency assessments in a manner prescribed by the superintendent of public instruction. The test scores adopted by the superintendent as indicating English language proficiency shall be based on the test publishers' designated scores. The department shall annually request an appropriation to pay for the purchase of all language proficiency assessments, and scoring and ancillary materials as prescribed by the department for school districts and charter schools.
103	103
104	104	C. If it is determined that a pupil is not English language proficient, the pupil shall be classified as an English language learner and shall be enrolled in an English language education program pursuant to section 15-752 or 15-753.
105	105
106	106	D. Each public school in this state shall ensure that all English language learners:
107	107
108	108	1. Receive the highest quality education.
109	109
110	110	2. Master the English language.
111	111
112	112	3. Access high quality, innovative research-based language programs.
113	113
114	114	E. The parent or legal guardian of any pupil in this state has legal standing to sue for enforcement of subsection D of this section and, if successful, shall be awarded normal and customary attorney fees and actual and compensatory damages but not punitive or consequential damages. END_STATUTE
115	115
116	116	Sec. 3. Section 15-756.01, Arizona Revised Statutes, is amended to read:
117	117
118	118	START_STATUTE15-756.01. State board of education; research-based and evidence-based models of structured English immersion; alternative English instruction models; English language learners; budget requests; definitions
119	119
120	120	A. The state board of education shall adopt and approve research-based and evidence-based models of structured English immersion for school districts and charter schools to use. The department of education shall provide adequate staff support for the state board to comply with this article. The models shall take into consideration consider at least the size of the school, the location of the school, the grade levels at the school, the number of English language learners and the percentage of English language learners. The state board shall adopt and approve models that include a minimum amount of English language development as follows:
121	121
122	122	1. One hundred twenty minutes per day, six hundred minutes per week or three hundred sixty hours per school year for pupils in kindergarten programs and grades one through five.
123	123
124	124	2. One hundred minutes per day, five hundred minutes per week or three hundred hours per school year for pupils in grades six through twelve.
125	125
126	126	B. The state board of education shall adopt alternative English instruction models pursuant to section 15-753 that are based on evidence and research.
127	127
128	128	C. Pursuant to section 15-756.02, school districts and charter schools may submit models of structured English immersion and alternative English instruction to the state board of education for approval.
129	129
130	130	D. The research-based and evidence-based models of structured English immersion adopted and approved by the state board of education shall be the most cost-efficient models that meet all state and federal laws.
131	131
132	132	E. The research-based and evidence-based models of structured English immersion and the alternative English instruction models shall be limited to a regular school year and school day. Instruction outside the regular school year or school day shall be provided with compensatory instruction and may be eligible for funding from the statewide compensatory instruction fund established by section 15-756.11.
133	133
134	134	F. The state board of education shall submit the research-based and evidence-based models of structured English immersion and the alternative English instruction models to the president of the senate, the speaker of the house of representatives and the governor. At least thirty days before adoption or approval, the state board shall submit the research-based and evidence-based models of structured English immersion and the alternative English instruction models to the joint legislative budget committee for review.
135	135
136	136	G. The state board of education shall review the research-based and evidence-based models of structured English immersion and the alternative English instruction models annually and delete from, add to or modify the existing models. When adopting, approving or modifying English language learner programs, the state board shall review and consider the information and data obtained as a result of the department of education's monitoring of English language learner programs pursuant to section 15-756.08.
137	137
138	138	H. The state board of education shall establish procedures for school districts and charter schools to determine the incremental costs to implement the research-based and evidence-based models of structured English immersion and the alternative English instruction models that the state board adopts or approves.
139	139
140	140	I. The state board of education shall establish a framework to evaluate the models prescribed in this section that are submitted for approval. The state board shall solicit input from experienced educators. The framework shall ensure that the adopted or approved models meet all of the following criteria:
141	141
142	142	1. Provide coherent instruction aligned with this state's English language proficiency standards.
143	143
144	144	2. Include oral and written language instruction, including structured opportunities to develop verbal and written skills and comprehension strategies.
145	145
146	146	3. Include access to complex language content through grade-level textbooks with appropriate supports.
147	147
148	148	4. Include parental engagement strategies.
149	149
150	150	J. The state board of education shall establish a form for school districts and charter schools to determine the structured English immersion and alternative English instruction budget request amount. Notwithstanding any other law, the maximum amount of the budget request shall be the incremental costs of the model selected offset by the portion of desegregation monies levied pursuant to section 15-910 determined by the English language learner population as a percentage of the qualified population and the ELL support level weight prescribed in section 15-943.
151	151
152	152	K. The difference calculated pursuant to subsection J of this section shall be the maximum amount of the structured English immersion and alternative English instruction budget request pursuant to section 15-756.03 for monies from the Arizona English language learner fund established by section 15-756.04.
153	153
154	154	L. In consultation with the auditor general, the department of education shall develop and adopt forms to be used by school districts and charter schools to submit budget requests for the Arizona English language learner fund, including the form prescribed in subsection J of this section.
155	155
156	156	M. This section does not prohibit a pupil who is designated as an English language learner from being concurrently enrolled in a structured English immersion model and an alternative English instruction model.
157	157
158	158	N. Notwithstanding any other law, school districts and charter schools may establish dual-language immersion programs for both native and nonnative English speakers. Public schools shall provide pupils with effective and appropriate instructional methods to establish English language acquisition programs and shall solicit community and stakeholder input on these methods and programs.
159	159
160	160	N. O. For the purposes of this section:
161	161
162	162	1. "Compensatory instruction" has the same meaning prescribed in section 15-756.11.
163	163
164	164	2. "Incremental costs":
165	165
166	166	(a) Means costs that are associated with a structured English immersion program pursuant to section 15-752 or an alternative English instruction program pursuant to section 15-753 and that are in addition to the normal costs of conducting programs for English proficient students. Incremental costs do
167	167
168	168	(b) Does not include costs that replace the same types of services provided to English proficient students or compensatory instruction. END_STATUTE
169	169
170	170	Sec. 4. Conforming legislation
171	171
172	172	The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-eighth legislature, first regular session.
173	173
174	174	2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.