2423 BILINGUAL AND ESL EDUCATION (M)
The Board of
Education will provide programs of bilingual education, English as a second
language (ESL), and English language services for pupils of Limited English
Proficiency (LEP) as required by law and rules of the State Board of
Education. Pupils of LEP are those pupils whose native language is other
than English and who have sufficient difficulty
speaking, reading, writing, or understanding the English language as measured
by an English language proficiency test,
so as to be denied the
opportunity to learn successfully in the
classrooms where the language of instruction is English.
Identification
of LEP Pupils
The Board will conduct a screening process to
determine the native language of each pupil at the time of enrollment in the school district. A census
shall be maintained of all pupils whose native language is other than
English. The English language proficiency of each pupil whose native
language is not English shall be determined by a screening process that includes the administration of a New Jersey
Department of Education approved English
language proficiency test, an assessment of
the pupil's level of reading in English, a review of the pupil's previous academic performance, results of standardized
tests in English, and a review of
the input of teaching staff members responsible
for the educational program of the limited English proficient pupils.
Program
Implementation
The district shall provide the following programs:
1. An
English language services program whenever
there are one or more, but fewer
than ten LEP pupils enrolled within the schools of the district. English language services shall be
in addition to the regular school program.
2. An
ESL program whenever there are ten
or more LEP pupils enrolled within the schools of the district; and
3. A
bilingual program whenever there are twenty or more LEP pupils in any one
language classification. Where the age range,
grade span, and/or geographical
location of eligible pupils makes a
full-time bilingual program impractical, the Board may offer an instructional
program alternative, provided that
program has been approved or a waiver for the alternative program has been
requested and approval has been granted by the Department of Education.
The Board may establish a program in bilingual education for any language
classification with fewer than twenty pupils.
All teachers in these programs shall be
appropriately certified in accordance with the requirements as outlined in
N.J.A.C. 6A:15-1.9. Every pupil participating in a bilingual, ESL, or
English language services program shall be entitled to continue such
participation for a period of three years.
Bilingual, ESL,
and English Language Services Program Enrollment, Assessment, Exit, and
Re-entry
Pupils enrolled in a bilingual, ESL, or English languages services program shall
be assessed annually with a New Jersey Department of Education approved English
language proficiency test to determine their progress in achieving English
language proficiency goals and readiness for exiting the program. LEP pupils enrolled in a
bilingual, ESL, or English language services program shall be placed in a
monolingual English Program when they have demonstrated readiness to function
successfully in the English-only program.
This process shall be initiated by the pupil’s level of English proficiency
as measured by a New Jersey
Department of Education established standard on an English language proficiency test, and the readiness of the
pupil shall be further assessed on the basis of multiple indicators which
shall, at a minimum, include classroom performance, the pupil’s reading level
in English, the judgment of the teaching staff member or members responsible
for the education program of the
pupil, and performance on achievement tests in English.
In accordance with provisions of N.J.S.A.
18A:35-22.1, a parent(s) or legal guardian(s) may remove a pupil who is
enrolled in a bilingual education program at any time; except that during the
first three years of a pupil’s participation in a bilingual education program,
parent(s) or legal guardian(s) may only remove the pupil at the end of each
school year. If during the first three years of a pupil’s participation
in a bilingual education program, a parent(s) or legal guardian(s) wishes to
remove the pupil prior to the end of each school year, the removal must be
approved by the Executive County
Superintendent of Schools. The parent(s) or legal guardian(s) may appeal
the Executive County Superintendent’s decision to the Commissioner of
Education.
Newly exited pupils who are not progressing in
the mainstream English program may be considered for re-entry to bilingual and
ESL programs in accordance with the provisions of N.J.A.C. 6A:15-1.10(e)1
through (e)5.
When the exit review process is completed, the
pupil's parent(s) or legal guardian(s) shall be informed by mail of the
placement determination. A parent(s) or legal guardian(s), or teaching
staff member who disagrees with the proposed placement may appeal the decision
in writing to the Chief School Administrator, who will provide a written
explanation for the decision within 10 working days. The complainant may
appeal this decision in writing to the Board of Education. The Board will review the appeal and respond in writing
within forty-five calendar
days. A complainant not satisfied with the Board of Education's
explanation may appeal to the Commissioner of Education.
Parental
Involvement
The parent(s) or legal guardian(s) of a pupil of
limited English proficiency will be notified in accordance with the provisions of N.J.A.C. 6A:15-1.13 that their child has been identified as eligible for
enrollment in a bilingual, ESL or English language services program. Notice
shall be in writing, in the language of which the child of the parents so
notified possesses a primary speaking ability, and in English. The notice
must also include the information that the parents have the option of declining
enrollment if they so choose.
Parent(s) or legal guardian(s) shall receive
progress reports in the same manner and frequency as those sent to parents or
legal guardians of other pupils.
Parent(s) or legal guardian(s) of pupils of
limited English proficiency will be offered opportunities for involvement in
the development and review of program objectives. An advisory committee
on bilingual education shall be formed with
the majority being parent(s) or legal guardian(s) of pupils of limited English
proficiency.
Graduation
Pupils of limited English proficiency will
qualify for graduation in accordance with N.J.A.C. 6A:8-5.1(a) and Policy No. 5460.
Program
Plan
The Chief School Administrator shall prepare and
submit a plan for a bilingual, ESL, or English language services program every three years to
the Board of Education and the New Jersey Department of Education for
approval in accordance with the provisions of N.J.A.C. 6A:15-1.6.
N.J.S.A. 18A:35-15 through 18A:35-25
N.J.A.C. 6A:15-1.1 et seq.
Adopted: 12 March 2007
Revised: 9 February 2009
Revised: 11 January 2010