ASSEMBLY, No. 224
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen GARCIA and ROCCO
An Act concerning the education of students with limited English proficiency, supplementing P.L.1974, c.197 and amending the title and body of that act.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The title of P.L.1974, c.197 is amended to read as follows:
AN ACT providing for bilingual [education] and English as a Second Language programs in the public schools.
(cf: P.L.1974, c.197, title)
2. Section 1 of P.L.1974, c.197 (C.18A:35-15) is amended to read as follows:
1. The Legislature finds that there are large numbers of children in the State who come from environments where the primary language is other than English. Experience has shown that public school classes in which instruction is given only in English are often inadequate for the education of children whose native tongue is another language. The Legislature believes that a transitional program of bilingual and English as a Second Language education can meet the needs of those children and facilitate their integration into the regular public school curriculum. Therefore, [pursuant] programs to serve limited English proficient students will be designed by school districts to develop English language proficiency and to promote academic achievement. Pursuant to the policy of the State to insure equal educational opportunity to every child, and in recognition of the educational needs of children of limited English [speaking ability] proficiency, it is the purpose of this act to provide for the establishment of transitional programs of bilingual ,English as a Second Language and alternative
education programs for students in the public schools to meet the needs of these children.
(cf: P.L.1974, c.197, s.1)
3. Section 2 of P.L.1974, c.197 (C.18A:35-16) is amended to read as follows:
2. As used in this act, the following words and phrases shall have the following meaning:
"Children of limited [English-speaking ability] English proficiency" means those children whose primary language is other than English and who have difficulty performing ordinary classwork in English.
"Full-time Programs in bilingual education" means a [full-time] program of instruction (1) in all those courses or subjects which a child is required by law, rule or regulation to receive given in the native language of the children of limited [English-speaking ability] English proficiency enrolled in the program and also in English, and (2) in the aural comprehension, speaking, reading, and writing of the native language of the children of limited English-speaking ability enrolled in the program and in the aural comprehension, speaking, reading and writing of English[, and (3) in the history and culture of the country, territory or geographic area which is the native land of the parents of children of limited English-speaking ability enrolled in the program and in the history and culture of the United States].
"Sheltered English program" means a daily program consisting of at least one half day of instruction in which content areas are taught through English as a Second Language (ESL) methods and two daily periods of ESL.
"Special alternative instructional programs" means a daily program which provides instruction in language arts and mathmatics, for one period each, taught in the native language and in English, and two periods of ESL.
(cf: P.L.1974, c.197, s.2)
4. Section 3 of P.L.1974, c.197 (C.18A:35-17) is amended to read as follows:
3. Each school district shall identify and ascertain, according to rules prescribed by the Commissioner of Education with the approval of the State board, the children attending the schools of the district who are of limited [English-speaking ability] English proficiency and, also, those not in attendance but resident within the district, and shall classify them according to the language of which such children possess a primary speaking ability.
(cf: P.L.1974, c.197, s.3)
5. Section 4 of P.L.1974, c.197 (C.18A:35-18) is amended to read as follows:
4. a. When, at the beginning of any school year, there are within the schools of the district 20 or more pupils of limited [English-speaking ability] English proficiency in any one language classification in a high school, or in two consecutive grades at the elementary level, the board of education shall establish, for each such classification, a full-time program in bilingual education for all the pupils therein; provided, however, that a board of education may establish a program in bilingual education for any language classification with less than 20 children therein.
b. [The Commissioner of Education may waive the requirement that a board of education establish a full time bilingual education program when the board is able to demonstrate that due to the age range, grade span or geographic location of the eligible pupils it would be impractical to provide a full time bilingual education program. The waiver shall permit the district to implement a special alternative instructional program for as long as the conditions exist that justified the waiver.
b.] Districts shall establish special alternative instructional programs or sheltered English programs at the elementary or secondary level when there are between 10 and 19 pupils of limited English proficiency in two consecutive grades in any one language classification.
c. Districts shall offer ESL programs when there are fewer than 10 pupils of limited English proficiency of the same language classification or when there are 10 or more pupils of limited English proficiency of different languages in the district. All ESL programs shall be high intensity ESL consisting of two consecutive periods of instruction.
d. Districts shall offer English language services when there are fewer than 10 pupils of limited English proficiency of two or more language groups in the district.
(cf: P.L.1995,c.59, s.1)
6. Section 5 of P.L. 1974, c.197 (C.18A:35-19) is amended to read as follows:
5. a. Every pupil participating in a program established pursuant to this act shall be entitled to continue such participation for a period of [3] two years.
b. A limited English proficient student may not remain in a program for more than two years, unless the student's parent or guardian requests continuation in writing and that request is approved by the county superintendent. No student shall remain in a full-time bilingual education program for longer than three years.
(cf: P.L.1987, c.197, s.5)
7. Section 6 of P.L.1974, c.197 (C.18A:35-20) is amended to read as follows:
6. In those courses or subjects in which verbalization is not essential to an understanding of the subject matter, including but not limited to art, music, and physical education, pupils of limited [English-speaking ability] English proficiency shall participate fully with English-speaking pupils in the regular classes provided for such subjects. Each board shall insure to each pupil enrolled in a full-time program [in] of bilingual education, ESL or a special alternative instructional program, a practical and meaningful opportunity to participate fully in all programs and activities available in the school district. Programs in bilingual education shall be located in the regular public schools of the district rather than in separate facilities. Bilingual education programs may include children of [English-speaking ability] English proficiency.
(cf: P.L.1974, c.197, s.6)
8. Section 8 of P.L.1974, c.197 (C.18A:35-22) is amended to read as follows:
8. Each school district shall notify by mail the parents of the pupils of limited [English-speaking ability] English proficiency of the fact that their child has been [enrolled] identified as eligible for enrollment in a program of bilingual education. In addition, whenever a school district determines, on the basis of a pupil's level of English proficiency, that a pupil should exit from a program of bilingual education the district shall notify the parents of the pupil by mail. Such notice shall include the information that the parents have the option of declining enrollment of their child in a bilingual program, and they shall be given an opportunity to decline enrollment if they so choose. The notice shall be in writing and in the language of which the child of the parents so notified possesses a primary speaking ability, and in English. If the parents choose not to enroll the pupil in a bilingual program, the board of education may appeal that decision to the county superintendent. If the county superintendent determines that the pupil should be enrolled in a bilingual education program, the parent may appeal that decision to the commissioner, or the commissioner's designee, pursuant to the provisions of section 2 of P.L.1991, c.12 (C.18A:35-19.2). The commissioner's decision shall be rendered within 30 days of the filing of the appeal.
During an appeal to the county superintendent or the commissioner pursuant to the provisions of this section, the pupil shall be enrolled in the bilingual program designated by the district until the appeal process is concluded and a final determination is made.
The board shall provide for the maximum practicable involvement of parents of children of limited [English-speaking ability] English proficiency in the development and review of program objectives and dissemination of information to and from the local school districts and communities served by the bilingual education program within existing State law.
(cf: P.L.1991, c.12, s.3)
9. Section 10 of P.L.1974, c.197 (C.18A:35-24) is amended to read as follows:
10. The State Board of Education shall establish a State Advisory Committee on Bilingual Education to assist the Department of Education in the formulation of policies and procedures relating to this act. The State Advisory Committee on Bilingual Education shall include representatives of the language communities served, institutions of higher education, local school boards, school administrators, teachers and [laymen] others knowledgeable in the field of bilingual education.
(cf: P.L.1994, c.48, s.64)
10. (New section) The Commissioner of Education shall have the authority to review and approve district proposals to offer innovative programs. A written plan shall be submitted by the district superintendent, with a resolution of support adopted by the district board of education and a transcript of a public hearing conducted by the board of education. The commissioner may consider an innovative program based on, but not limited to, the following factors: a. the board of education is able to demonstrate that it is impractical to provide a full-time program in bilingual education due to the age-range, grade-span, geographic location of the eligible pupils, the cost of the full-time program, or the availability of certified teachers; or b. the district has implemented an alternative instructional program which is effective in promoting English language acquisition and academic achievement; or c. the teaching staff members who work directly with the eligible pupils recommend an alternative instructional program as the most appropriate instructional approach. The State board shall establish procedures for initial approval and final disposition of innovative alternative programs.
11. (New section) The State Board of Education shall establish certification requirements that will assure: a. an adequate pool of provisionally certified first-year teachers; and b. a reasonable possibility that these teachers will receive standard certification within two years of initial emplolyment.
12. (New section) a. Except as provided in subsection b. of this section, a parent or guardian may remove a pupil who is enrolled in a bilingual education program at the end of each school year. If the parents decide to withdraw the pupil from the bilingual education program, the board of education may appeal that decision to the county superintendent. If the county superintendent determines that the pupil should not be withdrawn from a bilingual education program, the parent may appeal that decision to the commissioner, or the commissioner's designee, pursuant to the provisions of section 2 of P.L.1991, c.12 (C.18A:35-19.2). The commissioner's decision shall be rendered within 30 days of the filing of the appeal.
b. If a parent or guardian wishes to remove the pupil prior to the end of each school year, the removal shall be approved by the county superintendent of schools. If the county superintendent determines that the pupil should remain in the bilingual education program until the end of the school year, the parent may appeal the county superintendent's decision to the Commissioner of Education, or his designee, pursuant to the provisions of section 2 of P.L.1991, c.12 (C.18A:35-19.2). The commissioner's decision shall be rendered within 30 days of the filing of the appeal.
13. (New section) For the 1995-96 school year, the Commissioner of Education may waive the requirement that a board of education establish a full time bilingual education program when the board is able to demonstrate that due to the age range, grade span or geographic location of the eligible pupils it would be impractical to provide a full time bilingual education program. The waiver shall permit the district to implement a special alternative instructional program for the 1995-96 school year.
14. (New section) The Commissioner of Education shall provide periodic reports to the Governor and the Joint Committee on the Public Schools on the effectiveness of the programs established pursuant to the provisions of this act including, but not limited to, the progress and exit rates of the students, the types of programs utilized, the cost effectiveness of the programs, and recommendations for any revisions deemed advisable, with the first report due no later than three years after the effective date of this act.
15. This act shall take effect immediately and shall first apply to local school districts beginning in the 1996-97 school year, except that section 13 shall apply to the 1995-96 school year.
STATEMENT
This bill revises the law concerning the education of children with limited English proficiency. Under the bill's provisions, the requirements for the education of these pupils are the following:
1. If there are within a school district 20 or more pupils of limited English proficiency in any one language classification in a high school, or in two consecutive grades at the elementary level, the board of education of that district is required to establish a full-time program in bilingual education.
2. If there are between 10 and 19 pupils of limited English proficiency in any one language classification in two consecutive grades at the elementary or secondary level, the board of education is required to establish a special alternative instructional or sheltered English program.
3. If there are fewer than 10 pupils of limited English proficiency in any one language classification or when there are 10 or more pupils of different languages in the district, the board of education is to offer high intensity English as a Second Language (ESL) programs.
4. If there are fewer than 10 pupils of limited English proficiency of two or more language groups in the district, the board of education is to offer English language services.
The bill provides that a student of limited English proficiency may not remain in a program for more than two years, unless the student's parent or guardian requests continuation in the program in writing and that request is approved by the county superintendent of schools. A student shall not remain in a full-time bilingual program for longer than three years.
The bill further provides that each school district is to notify the parents of pupils of limited English proficiency that their child has been identified as eligible for enrollment in a program of bilingual education and that the parents have the option of declining the enrollment. If the parents choose not to enroll the pupil in a bilingual education program, the board of education may appeal that decision to the county superintendent of schools. If the county superintendent determines that the pupil should be enrolled in the bilingual program, the parent may appeal that decision to the Commissioner of Education. During any appeal to the county superintendent or the commissioner, the pupil is to be enrolled in the bilingual program designated by the district until the appeal process is concluded.
The bill also grants to parents of pupils enrolled in bilingual education programs the right to remove the pupil at the end of each school year. If the parent decides to withdraw the pupil from the program, the board of education may appeal that decision to the county superintendent. If the county superintendent determines that the pupil should not be withdrawn, the parent may appeal that decision to the Commissioner of Education. Also, if a parent or guardian wishes to remove the pupil prior to the end of the school year, that removal must be approved by the county superintendent. If the county superintendent determines that the pupil should remain in the program until the end of the school year, the parent may appeal the county superintendent's decision to the commissioner.
Under the bill, the commissioner is authorized to review and approve district proposals to offer innovative programs for the education of pupils of limited English proficiency. The commissioner may consider an innovative program based on, but not limited to, such factors as the impracticality of offering a full-time program due to the geographic location of the pupils, the cost, or the availability of certified teachers; the district's implementation of an effective alternative program; or the teaching staff's recommendation of an alternative instructional program as the most appropriate approach.
The bill deletes a provision of the law which provides that the Commissioner of Education may grant a waiver to a school district for the requirement of a full-time bilingual education program under certain conditions. This waiver provision is inserted into the bill as a new section and made applicable only to the 1995-96 school year. The other requirements in the bill for bilingual education would be applicable to the 1996-97 school year and thereafter.
Finally, the bill requires the Commissioner of Education to provide periodic reports to the Governor and the Joint Committee on the Public Schools on the effectiveness of the programs established by the provisions of the bill.
Modifies law for the education of children with limited English proficiency.