English
Language Education for Children in Public Schools Text: Sec.
1. Findings and Declarations ����������� The
People of Arizona find and declare: 1.
The
English language is the national public language of the United States of
America and of the state of Arizona. �It
is spoken by the vast majority of Arizona residents, and is also the leading
world language for science, technology, and international business, thereby
being the language of economic opportunity; and 2.
Immigrant
parents are eager to have their children acquire a good knowledge of English,
thereby allowing them to fully participate in the American Dream of economic
and social advancement; and 3.
The
government and the public schools of Arizona have a moral obligation and a
constitutional duty to provide all of Arizona�s children, regardless of their
ethnicity or national origins, with the skills necessary to become productive
members of our society.� Of these
skills, literacy in the English language is among the most important. 4.
The
public schools of Arizona currently do an inadequate job of educating immigrant
children, wasting financial resources on costly experimental language programs
whose failure over the past two decades is demonstrated by the current high
drop-out rates and low English literacy levels of many immigrant children. 5.
Young
immigrant children can easily acquire full fluency in a new language, such as
English, if they are heavily exposed to that language in the classroom at an
early age. 6.
Therefore
it is resolved that: all children in Arizona public schools shall be taught
English as rapidly and effectively as possible. 7.
Under
circumstances in which portions of this statute are subject to conflicting
interpretations, these Findings and Declarations shall be assumed to contain
the governing intent of the statute. Sec.
2. Repeal Title
15, chapter 7, article 3.1, Arizona Revised Statutes, is repealed. Sec.
3. Title 15, chapter 7, Arizona Revised Statutes, is amended by adding a new
article 3.1, to read: Article 3.1. English Language Education for Children
in Public Schools Section 15-751.�
Definitions In this article, 1. �Bilingual
education/native language instruction� means a language acquisition process for
students in which much or all instruction, textbooks, OR teaching materials are
in the child�s native language OTHER THAN ENGLISH. 2. �English
language classroom� means a classroom in which the language of instruction used
by the teaching personnel is overwhelmingly the English language, and in which
such teaching personnel possess a good knowledge of the English language.� English language classrooms encompass both
English language mainstream classroomS AND sheltered English immersion
classroomS 3. �English
language mainstream classroom� means a classroom in which the students� either are native English language speakers
or already have acquired reasonable fluency in English. 4. �English
learner� or �limited English proficient student� means a child who does not
speak English or whose native language is not English, and who is not currently
able to perform ordinary classroom work in English.� 5. �Sheltered
English immersion� or �structured English immersion� means an English language
acquisition process for young children in which nearly all classroom
instruction is in English but with the curriculum and presentation designed for
children who are learning the language.�
Books and instructional materials are in English and all reading,
writing, and subject matter are taught in English.� Although teachers may use a minimal amount of the child�s native
language when necessary, no subject matter shall be taught in any language
other than English, and children in this program learn to read and write solely
in English.� This educational
methodology represents the standard definition of �sheltered English� or �structured
English� found in educational literature. Section 15-752.�
English Language Education Subject to the exceptions
provided in Section 15-753,� all
children in Arizona public schools shall be taught English by being taught in
English and all children shall be placed in English language classrooms.� Children who are English learners shall be
educated through sheltered English immersion during a temporary transition
period not normally intended to exceed one year.� Local schools shall be permitted but not required to place in the
same classroom English learners of different ages but whose degree of English
proficiency is similar.� Local schools
shall be encouraged to mix together in the same classroom English learners from
different native-language groups but with the same degree of English
fluency.� Once English learners have
acquired a good working knowledge of English and are able to do regular school
work in English, they shall no longer be classified as English learners and
shall be transferred to English language mainstream classrooms.� As much as possible, current per capita
supplemental funding for English learners shall be maintained.� Foreign language classes for children who
already know English shall be completely unaffected, as shall special
educational programs for PHYSICALLY- OR MENTALLY-impaired students. Section 15-753.�
Parental Waivers A.� The requirements of Section 15-752 may be
waived with the prior written informed consent, to be provided annually, of the
child�s parents or legal guardian under the circumstances specified in this
Section.� Such informed consent shall
require that said parents or legal guardian personally visit the school to
apply for the waiver and that they there be provided a full description of the
educational materials to be used in the different educational program choices
and all the educational opportunities available to the child. If a parental
waiver has been granted, the affected child shall be transferred to classes
teaching English and other subjects through bilingual education techniques or
other generally recognized educational methodologies permitted by law.� Individual schools in which 20 students or
more of a given grade level receive a waiver shall be required to offer such a
class; in all other cases, such students must be permitted to transfer to a
public school in which such a class is offered. B.� The circumstances in which a parental
exception waiver may be applied for under
this Section are as follows: 1. Children
who already know English: the child already possesses good English language
skills, as measured by oral evaluation or standardized tests of English
vocabulary comprehension, reading, and writing, in which the child scores
approximately at or above the state average for his grade level or at or above
the 5th grade average, whichever is lower; or 2. Older
children: the child is age 10 years or older, and it is the informed belief of
the school principal and educational staff that an alternate course of
educational study would be better suited to the child�s overall educational
progress and rapid acquisition of basic English language skills; or 3. Children
with special individual needs: the child already has been placed for a period
of not less than thirty CALENDAR days during that school year in an English
language classroom and it is subsequently the informed belief of the school
principal and educational staff that the child has such special and individual
physical or psychological needs, ABOVE AND BEYOND THE CHILD�S LACK OF ENGLISH
PROFICENCY, that an alternate course of educational study would be better
suited to the child�s overall educational development and rapid acquisition of
English.� A written description OF NO
LESS THAN 250 WORDS DOCUMENTING Section 15-754.�
Legal Standing and Parental Enforcement As detailed in Sections
15-752 and 15-753, all Arizona school children have the right to be provided AT
THEIR LOCAL SCHOOL with an English language public education. The parent or
legal guardian of any Arizona school child shall have legal standing to sue for
enforcement of the provisions of this statute, and if successful shall be
awarded normal and customary attorney�s fees and actual AND COMPENSATORY
damages, but not punitive or consequential damages.� Any school board member or other elected official or
administrator who willfully and repeatedly refuses to implement the terms of
this statute may be held personally liable for fees and actual AND COMPENSATORY
damages by the child�s parents or legal guardian, and CANNOT BE SUBSEQUENTLY
INDEMNIFIED FOR SUCH ASSESSED DAMAGES BY ANY PUBLIC OR PRIVATE THIRD PARTY. Any
individual found so liable shall be immediately removed from office, and shall
be barred from holding any position of authority anywhere within the Arizona
public school system for an additional period of five years. Section 15-755.�
STANDARDIZED TESTING FOR MONITORING EDUCATION PROGRESS In order to ensure that the educational progress of
all arizona students in academic subjects and in learning english is properly
monitored, a standardized, nationally-normed written test of academic subject
matter given in english shall be adminstered at least once each year to all
arizona public schoolchildren in grades 2 and higher.� Only students classified as severely learning disabled MAY be
exempted from this test.� the particular
test to be used shall be selected by the office of the state superintendent of
public instruction, and it is intended that the test shall GENERALLY remain the
same from year to year.� the national
percentile scores of students shall be confidentially provided to individual
parents, and the aggregated percentile scores and distributional data for
individual schools and school districts shall be made publicly available on an
internet web site; the scores for students classified as �limited-English� shall
be seperately Sub-aggregated and made publicly available there as well.� although adminstration of this test is
required solely for monitoring educational progress, arizona public officials
and adminstrators may utilize these test scores for other purposes as well if
they so choose. Sec.
4. Severability If
a provision of this act or its application to any person or circumstances is
held invalid, the invalidity does not affect other provisions or applications
of the act that can be given effect without the invalid provision or
application, and to this end the provisions of this act are severable. Sec.
5. Application The
provisions of this act cannot be waived, modified, or set aside by any elected
or appointed official or administrator, except as through the amendment process
provided for in the Arizona constitution. END |