SENATE, No. 733

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 15, 1996

By Senator BUBBA

An Act concerning programs in bilingual education and amending P.L.1974, c.197.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. 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, the board of education shall establish, for each such classification, a 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.] A board of education shall not be required to offer a full-time bilingual education program pursuant to subsection a. of this section if the board adopts a resolution by a recorded roll call majority vote of the full membership of the board 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 resolution shall identify the special alternative instructional program which the district shall implement.

    c. A board of education which adopts a resolution pursuant to subsection b. of this section shall forward a copy of the resolution to the Commissioner of Education. If the commissioner determines that conditions do not exist within the district which make it impractical to offer a full-time bilingual education program, the commissioner shall so notify the district and direct the district to offer a full-time program.

(cf: P.L. 1995, c.59)

    2. This act shall take effect immediately.

STATEMENT

    This bill provides that a board of education shall not be required to provide a full-time bilingual education program if the board adopts a resolution that due to the age range, grade span or geographic location of the eligible pupils it would be impractical to provide a full-time program. A board which adopts such a resolution must forward a copy of the resolution to the Commissioner of Education. If the commissioner determines that conditions do not exist within the district which make it impractical to offer a full-time program, then the commissioner shall direct the district to offer a full-time program.

    Current law requires that in order to receive a waiver from the statutory requirement to establish a full-time bilingual education program, a school district must apply to the commissioner for the granting of the waiver. This bill would allow a board of education itself to waive the requirement if certain conditions exist within the district upon the adoption of a resolution by the board. At the same time, however, the bill assures that implementation of such district waivers is not abused by providing for their review by the commissioner.

Authorizes boards of education to adopt bilingual education waiver resolutions.