Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 161 First Substitute (2023GS)

Sponsor

Rep. Pierucci, C.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• includes the state's dual language immersion program in the list of programs for which the Legislature determines the cost of annual enrollment growth and inflation increases;
• prohibits a local education agency that provides foreign language instruction from seeking or accepting funding support from a restricted foreign entity; and
• makes technical changes.

Every vote on this bill

Bill text

FOREIGN LANGUAGE EDUCATION FUNDING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
Michael K. McKell
Cosponsors:
Cheryl K. Acton
Kera Birkeland
Jefferson S. Burton
Kay J. Christofferson
Tyler Clancy
James A. Dunnigan
Katy Hall
Ken Ivory
Tim Jimenez
Dan N. Johnson
Marsha Judkins
Jason B. Kyle
Karianne Lisonbee
Anthony E. Loubet
Steven J. Lund
Carol S. Moss
Michael J. Petersen
Judy Weeks Rohner
Mike Schultz
Rex P. Shipp
Robert M. Spendlove
Raymond P. Ward
Christine F. Watkins
Ryan D. Wilcox
LONG TITLE
General Description:
This bill amends provisions related to the funding of foreign language education.
Highlighted Provisions:
This bill:
▸ includes the state's dual language immersion program in the list of programs for
which the Legislature determines the cost of annual enrollment growth and inflation
increases;
▸ prohibits a local education agency that provides foreign language instruction from
seeking or accepting funding support from a restricted foreign entity; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2024:
▸ to the Minimum School Program - Related to Basic School Programs:
• from the Uniform School Fund, $2,337,000; and
▸ to the University of Utah - Education and General, as an ongoing appropriation:
• from the Income Tax Fund, $778,900.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53E-10-307
, as last amended by Laws of Utah 2022, Chapter 383
53F-2-208
, as last amended by Laws of Utah 2022, Chapter 1
53F-2-502
, as last amended by Laws of Utah 2021, Chapter 251
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-10-307
 is amended to read:
53E-10-307.
Concurrent enrollment courses for accelerated foreign language
students.
(1) As used in this section:
(a) "Accelerated foreign language student" means an eligible student who has passed a
world language Advanced Placement exam.
(b) "Blended learning delivery model" means an education delivery model in which a
student learns, at least in part:
(i) through online learning with an element of student control over time, place, path,
and pace; and
(ii) in the physical presence of an instructor.
(c) "State university" means an institution of higher education that offers courses
leading to a bachelor's degree.
(2) The University of Utah shall partner with all state universities to develop, as part of
the concurrent enrollment program described in this part, concurrent enrollment courses that:
(a) are age-appropriate foreign language courses for accelerated foreign language
students;
(b) count toward a foreign language degree offered by an institution of higher
education; and
(c) are delivered:
(i) using a blended learning delivery model; and
(ii) by an eligible instructor described in Subsection 
53E-10-302
(6)(a).
(3) Subject to budget constraints, in addition to the base increases described in Section
53F-2-208
, the Legislature shall annually increase the money appropriated for concurrent
enrollment courses for accelerated foreign language students in proportion to the percentage
increase over the previous school year in the value of the weighted pupil unit.
Section 2. Section 
53F-2-208
 is amended to read:
53F-2-208.
Cost of adjustments for growth and inflation.
(1) In accordance with Subsection (2), the Legislature shall annually determine:
(a) the estimated state cost of adjusting for inflation in the next fiscal year, based on a
rolling five-year average ending in the current fiscal year, ongoing state tax fund appropriations
to the following programs:
(i) education for youth in custody, described in Section 
53E-3-503
;
(ii) concurrent enrollment courses for accelerated foreign language students described
in Section 
53E-10-307
;
[
(ii)
] 
(iii)
 the Basic Program, described in [
Title 53F, Chapter 2, Part 3, Basic Program
(Weighted Pupil Units)
] 
Part 3, Basic Program (Weighted Pupil Units)
;
[
(iii)
] 
(iv)
 the Adult Education Program, described in Section 
53F-2-401
;
[
(iv)
] 
(v)
 state support of pupil transportation, described in Section 
53F-2-402
;
[
(v)
] 
(vi)
 the Enhancement for Accelerated Students Program, described in Section
53F-2-408
;
[
(vi)
] 
(vii)
 the Concurrent Enrollment Program, described in Section 
53F-2-409
; [
and
]
[
(vii)
] 
(viii)
 the gang prevention and intervention program, described in Section
53F-2-410
; and
(ix) dual language immersion, described in Section 
53F-2-501
; and
(b) the estimated state cost of adjusting for enrollment growth, in the next fiscal year,
the current fiscal year's ongoing state tax fund appropriations to the following programs:
(i) a program described in Subsection (1)(a);
(ii) educator salary adjustments, described in Section 
53F-2-405
;
(iii) the Teacher Salary Supplement Program, described in Section 
53F-2-504
;
(iv) the Voted and Board Local Levy Guarantee programs, described in Section
53F-2-601
; and
(v) charter school local replacement funding, described in Section 
53F-2-702
.
(2) (a) In or before December each year, the Executive Appropriations Committee shall
determine:
(i) the cost of the inflation adjustment described in Subsection (1)(a); and
(ii) the cost of the enrollment growth adjustment described in Subsection (1)(b).
(b) The Executive Appropriations Committee shall make the determinations described
in Subsection (2)(a) based on recommendations developed by the Office of the Legislative
Fiscal Analyst, in consultation with the state board and the Governor's Office of Planning and
Budget.
Section 3. Section 
53F-2-502
 is amended to read:
53F-2-502.
Dual language immersion.
(1) As used in this section:
(a) "Dual language immersion" means an instructional setting in which a student
receives a portion of instruction in English and a portion of instruction exclusively in a partner
language.
(b) "Local education agency" or "LEA" means a school district or a charter school.
(c) "Participating LEA" means an LEA selected by the state board to receive a grant
described in this section.
(d) "Partner language" means a language other than English in which instruction is
provided in dual language immersion.
(e) "Restricted foreign entity" means the same as that term is defined in Section
53B-1-201
.
(2) The state board shall:
(a) establish a dual language immersion program;
(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules that establish:
(i) a grant program for an LEA to receive funding for dual language immersion;
(ii) the required qualifications for an LEA to be a participating LEA;
(iii) subject to this section, requirements of a participating LEA;
(iv) a proficiency assessment for each partner language; and
(v) a progression of how a school in a participating LEA adds grade levels in which the
school offers dual language immersion; and
(c) subject to legislative appropriations:
(i) select participating LEAs; and
(ii) award to a participating LEA a grant to support dual language immersion in the
LEA.
(3) A participating LEA shall:
(a) establish in a school a full-day dual language immersion instructional model that
provides at least 50% of instruction exclusively in a partner language;
(b) in accordance with the state board rules described in Subsection (2)(b), add grades
in which dual language immersion is provided in a school; and
(c) annually administer to each student in grades 3 through 8 who participates in dual
language immersion an assessment described in Subsection (2)(b)(iv).
(4) The state board shall:
(a) provide support to a participating LEA, including by:
(i) offering professional learning for dual language immersion educators;
(ii) developing curriculum related to dual language immersion; or
(iii) providing instructional support for a partner language;
(b) conduct a program evaluation of the dual language immersion program established
under Subsection (2)(a); and
(c) on or before November 1, 2019, report to the Education Interim Committee and the
Public Education Appropriations Subcommittee on the results of the program evaluation
described in Subsection (4)(b).
(5) The state board may, in accordance with Title 63G, Chapter 6a, Utah Procurement
Code, contract with a third party to conduct the program evaluation described in Subsection
(4)(b).
(6) Regardless of whether an LEA is a participating LEA or provides language
instruction through another method, beginning July 1, 2024, an LEA may not seek or accept
funding support from a restricted foreign entity or an entity that passes on funding support from
a restricted foreign entity.
(7) Subject to budget constraints, in addition to the base increases described in Section
53F-2-208
, the Legislature shall annually increase the money appropriated for dual language
immersion in proportion to the percentage increase over the previous school year in the value
of the weighted pupil unit.
Section 4. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Minimum School Program - Related to Basic School Programs
From Uniform School Fund
2,337,000
Schedule of Programs:
Dual Immersion 2,337,000
ITEM 2
To University of Utah - Education and General
From Income Tax Fund
778,900
Schedule of Programs:
Education and General 778,900
Section 5. 
Effective date.
This bill takes effect on July 1, 2023.