1 CCR 301-10
DEPARTMENT OF EDUCATION Colorado State Board of Education RULES FOR THE ADMINISTRATION OF THE ENGLISH LANGUAGE PROFICIENCY ACT 1 CCR 301-10 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 2224-R-1.00 Statement of Basis and Purpose.
The Colorado State Board of Education and the Colorado Department of Education have the responsibility for implementing “The English Language Proficiency Act”. These Rules are intended to assist school districts in meeting the requirements of the Act. The objective of programs operated under these Rules shall be to develop proficiency in the English language for all students whose dominant language is not English and who are not proficient in the English language. Proposed amendments and additions to the Rules are made by an ad hoc committee established in 1983 to review all sections of the Rules. Recommended amendments and additions are made to improve the administration of the Act. 2224-R-2.00 Definitions.
As used in these Rules, unless the context otherwise requires:
2.00 (1) “Act” means English Language Proficiency Act, C.R.S. 1973, 22-24-101 et seq. (Supp. 1981).
2.00 (2) “Department” means the Colorado Department of Education.
2.00 (3) “District” means one or more school districts or a board of cooperative services organized and existing pursuant to law, but does not include a junior college district.
2.00 (4) “Parent” means parent, guardian, or responsible person, e.g., refugee sponsor, social worker.
2.00 (5) “Program” means the program provided by the district under the English Language Proficiency
2.00 (6) “Student whose dominant language is not English” means a public school student whose academic achievement and English language proficiency are determined by the local school district, using instruments and tests approved by the Department, to be impaired because of an inability to comprehend or speak English adequately due to the influence of a language other than English and who is one or more of the following:
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2.00 (7) “Teacher” means any person certified pursuant to article 60 of title 22 who is employed to administer, direct, or super-vise classroom instruction in a school in this State.
2.00 (8) “Tests developed by the Department” means tests developed or approved by the Department. Approval of tests means a written response within 30 days which would include a rationale for approval or disapproval.
2224-R-3.00 District - Powers and Duties
3.00 (1) Identification.
Each district shall survey all students to determine each student's potential eligibility for inclusion in the district's count for allocation under the Act. Such eligibility shall be determined by the information provided by parent and teacher checklist forms approved by the Department. The parent checklist form shall be completed by the student's parent(s) in grades K-12, and may be completed by the student in grades 9- 12. To the extent possible, districts shall provide parent checklist forms in the language most easily under-stood by the parent(s) in order to achieve the most valid parental judgment of the student's language proficiency. The teacher checklist form shall be completed by the teacher or the appropriate school official and, whenever possible, by a teacher or school official who speaks the language of the student or is skilled in English language proficiency assessment. In order to avoid duplication of effort, districts already conducting similar identification procedures (e.g., Lau survey) may, with the approval of the Department, use those procedures to fulfill the requirements of this section of the Rules.
3.00 (2) Assessment of Eligibility for Funding
3.00 (2) (a) All students for whom both parent and teacher checklist responses indicate that the student
3.00 (2) (b) A student not included in subparagraph 3.00(2) (a) above is one who is able to speak and understand English and one or more other languages and whose language dominance is difficult for the district to determine. Such students shall be assessed using instruments and techniques approved by the Department. After the assessment and further observation of the student, the district shall determine into which of the four following categories the student is classified:
3.00 (2) (c) For the first year of implementation of the Act, if the student has been tested since January 1, 1981, in a manner consistent with the intent of the Act and these Rules, these test results may be used for eligibility for funding.
3.00 (2) (d) The Department shall approve nationally standardized tests for judging English language development and comprehension and tests of English language proficiency. Districts may seek approval from the Department for the use of other tests. Such tests must have criteria for student eligibility that are equitable with other districts in the State as determined by the Department.
3.00 (3) Certification and Record-keeping.
By October 15, 1981, on forms provided by the Department, each district shall report to the Department a count of students certified by the district as eligible for funding under the Act. Annual allocations to districts shall be based on the number of students certified and determined by the Department to be eligible. Each year thereafter, by October 15, school districts shall report new students to be certified, and the total number of students to be certified for the current year. Separate totals shall be provided for students certified as eligible under and funded pursuant to C.R.S. 1973, 22-24-104 (4) (c) (I), (Supp.1981), and those certified as eligible under and funded pursuant to C.R.S. 1973, 22-24-104 (4) (c) (II), (Supp.1981). Individual student names, identification, assessment, test results, and enrollment data shall be compiled and kept on file in the local school district office and shall be subject to audit by the Department in accordance with provisions of the Act. Districts shall receive moneys made available under the Act only on the basis of the number of students enrolled in the program whose dominant language is not English. No district shall be eligible for more than two calendar years of state entitlement moneys on behalf of a student identified for inclusion in this state-assisted program.
3.00 (4) Fund Distribution.
Upon certification of the numbers of eligible students by the districts. the Department shall determine the amount of allocation for each district based on the amount of the General Assembly appropriation and the funding provisions of the Act. The allocation for each district will be based on a statewide count of students eligible for certification and funding under the Act. Upon determination of district funding allocations by the Department, a district shall receive ninety percent of its entitlement. Ten percent of the entitlement shall be retained by the Department to be distributed to the district only after receipt and verification by the Department of the district's compliance with the annual evaluation report requirements stated in Section 3.00 (6) of these Rules. Any district choosing not to receive State monies under the Act shall continue to be subject to the duties of the district as contained in C.R.S. 1973, 22-24-105, (Supp. 1981).
3.00 (5) Program Administration.
Code of Colorado Regulations 3 The district shall administer and provide programs for all students eligible for funding through the procedures set forth in sections 3.00 (1) and (2) above. This responsibility includes students who enter the district after October 15 each year and who therefore are not included in the district's reported count for that year. Nothing in these Rules shall be construed to prohibit use of moneys made available under the Act by a district for bilingual programs, English-as-a-second-language programs, or any other methods, providing said funds are used to achieve the purposes of the Act.
3.00 (6) Evaluation.
Each district funded under the Act shall submit an evaluation report to the Department not later than August 1, 1982, and annually thereafter. The information provided shall be on report forms provided by the Department. The district evaluation report shall refer to the preceding school year ending June 30, 1982, and thereafter, and shall include but not be limited to the following:
3.00 (6) (a) Assessment instruments and procedures used.
3.00 (6) (b) In the report due on or before August 1 for the previous year, districts shall provide compiled pre- and post-test results on English language development and comprehension sections of nationally standardized tests, and pre- and post-composite achievement test results for students certified under the Act. For a student in kindergarten or first grade or for a student whose English proficiency is so limited as to make pre-testing impractical, districts may utilize observation checklists or similar non-test evaluations as indications of proficiency levels of the student before being served. Districts may also provide other evidence demonstrating levels of progress made by students in the program.
3.00 (6) (c) Specific descriptions of the programs provided by the district to certified students and the district's best judgment as to the effectiveness, special successes, and problems encountered in the implementation of these programs.
3.00 (6) (d) Recommendations, if any, the district may have for the improved implementation of the Act or amendments to the Act that might be considered by the Department and the General Assembly.
3.00 (6) (e) Signature of the superintendent or designee of the reporting district.
3.00 (7) Auditing.
Each year the Department shall audit a minimum of one-third of the districts funded under the Act. A summary of the auditing results shall be submitted by the Department to the General Assembly as a part of the January report. Department auditing shall focus on the district's identification, assessment, and classification decisions and availability of services for students certified as eligible under subparagraphs C.R.S. 1973, 22-24-104 (4) (c) (I) and (II), (Supp. 1981).
3.00 (8) Report to the General Assembly.
The State Board of Education shall review for approval a report by the Department to the General Assembly in January, 1981, and each year thereafter on the effectiveness of the English Language Proficiency Program and the functioning of the Act. The report submitted shall include but not be limited to the requirements identified in the Act for this annual report. _________________________________________________________________________ Editor’s Notes History Code of Colorado Regulations 4