ASSEMBLY, No. 250
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman GARCIA
An Act concerning programs in bilingual education and English as a Second Language, amending and supplementing P.L.1974, c.197, and amending P.L.1991, c.12.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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" means those children whose primary language is other than English and who have difficulty performing ordinary classwork in English.
"English language services plan" means a specially designed program to improve the English language proficiency of a limited English proficient pupil.
"[Programs] 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 enrolled in the program and also in English (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 as a second language, 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.
"High intensity English as a second language" means a program consisting of at least two periods each day in English as a second language instruction including English language acquisition, and other content area instruction taught through the English as a second language approach.
"Part-time programs in bilingual education" means a program which consists of (1) two periods each day of intensive English acquisition instruction using the English as a second language approach; (2) one period each day of communication instruction in the native language of the pupil; and, (3) one period each day of tutoring in a content area in the native language of the pupil.
"Sheltered English program" means a program consisting of a least one half day of instruction with at least two periods each day of intensive English as a second language instruction and at least two periods of content area instruction taught through the English as a second language approach.
(cf: P. L.1974, c. 197, s.2)
2. 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 in any one language classification in three consecutive grades in grades K through 8 or 20 or more pupils of limited English-speaking ability in any one language classification in grades 9 through 12, 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. Any district with more than 20 pupils in any one language classification in grades K through 8, but who are not in three consecutive grades, shall establish a part-time bilingual education program or a sheltered English program.
c. Any district with more than 10 but less than 20 pupils of limited English proficiency in any one language classification in either grades K through 8 or 9 through 12 shall establish a high intensity English as a second language program.
d. Any district with more than one but less than 10 pupils of limited English proficiency in any one language classification shall establish an English language services plan.
e. A board of education which, as of the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill), has not implemented a full-time bilingual education program as required pursuant to subsection a. of this section shall implement such a program within one year after the district has determined that there are within the schools of the district 20 or more pupils of limited English proficiency in any one language classification in three consecutive grades in grades K through 8 or 20 or more pupils of limited English proficiency in grades 9 through 12.
f. A board of education which, as of the effective date of P.L. , c. (C. ) (now pending before the Legislature as this bill), has implemented a full-time bilingual education program for less than 20 pupils in any one language classification may continue to offer the full-time bilingual education program.
(cf: P.L.1974, c. 197, s.4)
3. 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] P.L.1974, c.197 (C.18A:35-15 et seq.) shall be entitled to continue such participation for a period of [3] three years. A pupil who is enrolled in a bilingual education program shall exit from that program at the end of the three year period; except that a board of education may continue the pupil's participation in the bilingual education program if the board can demonstrate to the county superintendent of schools that continued participation is in the pupil's best interest and the pupil's parent approves of the continued participation. The school district shall consult with the pupil's parent or guardian concerning the pupil's exit or continued participation in the bilingual education program.
b. A parent or guardian may remove a pupil from a bilingual education program at any time; except that if a parent or guardian wishes to remove a pupil from a bilingual education program during the first three years of the pupil's participation in the program, 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, 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.
(cf: P.L.1974, c. 197, s.5)
4. Section 1 of P.L.1991, c.12 (C.18A:35-19.1) is amended to read as follows:
1. A pupil enrolled in a bilingual education program pursuant to P.L.1974, c.197 (C.18A:35-15 et seq.) shall be placed in the English-only program prior to the expiration of the three year period for participation in bilingual education programs as provided for in subsection a. of section 5 of P.L.1974, c.197 (C.18A:35-19), when the pupil demonstrates readiness to function successfully in the English-only program. The process to determine the readiness or inability of the individual pupil to function successfully in the English-only program shall be initiated by the pupil's level of English proficiency as measured by a State established cut-off score 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 educational program of the pupil, and performance on achievement tests in English.
(cf: P.L.1991, c.12, s.1)
5. Section 2 of P.L.1991, c.12 (C.18A:35-19.2) is amended to read as follows:
2. If any parent or teaching staff member disagrees with the decision either that a pupil exit from or remain in the district's bilingual education program, the parent or teaching staff member may appeal this decision. After exhausting a local appeal process, any parent or guardian who is not satisfied with the district's explanation for its decision shall have the right to a hearing as a contested case before the Commissioner of Education or his designee. The final decision on a child's placement shall be based on the best interests of the child in accordance with the assessment criteria set forth in section 1 of [this amendatory and supplementary act] P.L.1991, c.12 (C18A:35-19.1). An appeal under this provision shall be heard and decided by the commissioner or his designee [on an expedited basis] within 30 days. (cf: P.L.1991, c.12, s.2)
6. 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 of the fact that their child has been enrolled in a program of bilingual education. In addition, whenever a school district determines, on the basis of a pupil's level of English proficiency or at the expiration of the three year period of enrollment in a bilingual education program as provided in subsection a. of section 5 of P.L.1974, c.197 (C.18A:35-19), that a pupil should exit from a program of bilingual education the district shall notify the parents of the pupil by mail. Each school district shall also, at the beginning of each school year, notify the parents of a pupil enrolled in a bilingual education program of the parents' right to appeal a board of education decision regarding enrollment in or exit from a bilingual education program. Such 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.
The board shall provide for the maximum practicable involvement of parents of children of limited English-speaking ability 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.)
7. (New section) Beginning with the 1995-96 school year, funding for bilingual education programs shall be paid on the basis of current year enrollments.
8. (New section) a. Districts implementing a full-time bilingual education program shall be eligible to receive full additional bilingual education funding for each pupil enrolled in the program.
b. Districts implementing a part-time bilingual education program shall be eligible to receive a sum equal to one-half the amount which districts with a full-time bilingual education program are eligible to receive for each pupil enrolled in the program.
c. Districts implementing a sheltered English program shall be eligible to receive a sum equal to one-half of the amount which districts with a full-time bilingual education program are eligible to receive for each pupil enrolled in the program.
d. Districts implementing a high intensity English as a second language or an English language services plan shall be eligible to receive a sum equal to one-fourth the amount which districts with a full-time bilingual education program are eligible to receive for each pupil enrolled in the program.
9. This act shall take effect immediately.
STATEMENT
Under this bill, all school districts with 20 or more pupils of limited English-speaking ability in any one language classification in three consecutive grades in grades K through 8, or 20 or more pupils in any one language classification in grades 9 through 12, would be required to implement a full-time bilingual education program. Districts with 20 or more children in any one language classification in grades K-8 who are not in three consecutive grades would be required to implement a part-time bilingual education or a sheltered English program. With between 10 and 20 children in grades K-8 or 9-12 a district would establish a high intensity English as a second language program and districts with fewer than 10 pupils would provide an English language services plan. Districts which do not now have a full-time bilingual education program would have one year to implement one.
The bill defines a part-time bilingual education program as having two periods of ESL, one period of communication instruction in the native language and one period of tutoring the native language daily. A high intensity English as a second language program would consist of at least two periods each day in English as a Second Language instruction including English language acquisition, and other area instruction taught through the English as a second language approach. A sheltered English program would consist of a least one half day of instruction with at least two periods each day of English as a second language and two periods in content area instruction using ESL, and an English language services plan would be a specially designed program to improve the English language proficiency of a limited English proficient pupil.
The bill requires the withdrawal from a bilingual education program of any student who has been in the program for more than three consecutive years unless the board of education can demonstrate to the county superintendent of schools that the student is in need of continued enrollment in the bilingual program and the student's parent approves of continued enrollment. The bill also provides that a parent or guardian may remove a student from a bilingual education program at any time. If, however, the parent wishes to remove the student from the bilingual program during the first three years of the student's participation in the program, that removal must be approved by the county superintendent. If the county superintendent determines that the student should remain in the bilingual program, the parent or guardian may appeal that decision to the Commissioner of Education or his designee.
The bill also provides that funding for bilingual education programs shall be paid on a current year basis.
Revises bilingual education program requirements and provides for phase in for full-time programs in certain cases.