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Bilingual and ESL Education

BILINGUAL AND ESL EDUCATION (M)

 

2423

 

The Board of Education will provide programs of bilingual education, English as a second language (ESL), and English language services program for English language learners (ELLs) as required by law and rules of the New Jersey State Board of Education.  ELLs are those students whose native language is other than English and who have varying degrees of English language proficiency in any one of the domains of speaking, reading, writing, or listening and is synonymous with limited English speaking ability pursuant to N.J.S.A. 18:35-15 through 26.1.

 

Identification of Eligible ELLs

 

The district shall use a multi-step process at the time of enrollment to determine the native language of each ELL.  The district shall:

 

  1. Maintain a census indicating all identified students whose native language is other than English; and

 

  1. Administer the Statewide home-language survey to determine which students in Kindergarten to grade twelve whose native language is other than English must be screened further to determine English language proficiency. The Statewide home-language survey shall be administered by a bilingual/ESL or other certified teacher and shall be designed to distinguish students who are proficient English speakers and need no further testing.

 

The district shall determine the English language proficiency of all Kindergarten to grade twelve students who are not screened out and whose native language is other than English by administering an English language proficiency test, assessing the level of reading in English, reviewing the previous academic performance of students, including their performance on standardized tests in English, and reviewing the input of teaching staff members responsible for the educational program for ELLs.  Students who do not meet the New Jersey Department of Education (Department) standard on a language proficiency test and who have at least one other indicator shall be considered ELLs.  The district shall also use age-appropriate methodologies to identify preschool ELLs to determine their individual language development needs.

 

Bilingual Programs for ELLs

 

The district shall provide the following programs:

 

  1. An English language services program in accordance with N.J.A.C. 6A:15-1.2;

 

  1. An ESL program in accordance with N.J.A.C. 6A:15-1.2; and

 

  1. A bilingual education program in accordance with N.J.A.C. 6A:15-1.2.

 

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 student participating in a bilingual, ESL, or English language services program shall be entitled to continue such participation for a period of three years pursuant to N.J.S.A. 18A:35-19.

 

Bilingual, English as a Second Language, and English Language Services Program Enrollment, Assessment, Exit, and Reentry

 

Students enrolled in the bilingual, ESL, or English language services program shall be assessed annually using English Language Placement (ELP) assessments to determine their progress in achieving English language proficiency goals and readiness for exiting the program.  Students who meet the criteria for Statewide alternate assessments, pursuant to N.J.A.C. 6A:14-4.10(a)2., shall be assessed annually using an alternate ELP assessment.

 

ELLs enrolled in the bilingual, ESL, or English language services program shall be placed in a monolingual English program when they have demonstrated readiness to exit a bilingual, ESL, or English language services program through a Department-established criteria on an ELP assessment and a Department-established English language observation form.  A student shall first achieve the Department-established English proficiency standard as measured by an ELP assessment.  The student’s readiness shall be further assessed by the use of a Department-established English language observation form that considers, at a minimum:  classroom performance; the student’s reading level in English; the judgment of the teaching staff member or members responsible for the educational program of the student; and performance on achievement tests in English.

 

In accordance with provisions of N.J.S.A. 18A:35-22.1, a parent may remove a student who is enrolled in a bilingual education program at any time; except that during the first three years of a student’s participation in a bilingual education program, the parent may only remove the student at the end of each school year.

 

If a parent wishes to remove the student prior to the end of each school year, the removal shall be approved by the Executive County Superintendent.  If the Executive County Superintendent determines the student should remain in the bilingual education program until the end of the school year, the parent may appeal the Executive County Superintendent’s decision to the Commissioner of Education or designee pursuant to the provisions of N.J.S.A. 18A:35-19.2.

 

Newly exited students who are not progressing in the mainstream English program may be considered for reentry 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 review process for exiting a student from a bilingual, ESL, or English language services program has been completed, the student’s parent shall be informed by mail of the placement determination.  A parent or teaching staff member who disagrees with the proposed placement may appeal the decision in writing to the Superintendent of Schools or designee, who will provide a written explanation for the decision within seven working days.  The complainant may appeal this decision in writing to the Board within seven calendar days of receiving the Superintendent’s or designee’s written explanation of the decision.  The Board will review the appeal and respond in writing to the parent within forty-five calendar days of the Board’s receipt of the parent’s written appeal to the Board.  Upon exhausting an appeal to the Board, the complainant may appeal to the Commissioner of Education.

 

Parental Involvement

 

The parents of ELLs 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 education program.  Notice shall be in writing and in the language in which the parent(s) possesses a primary speaking ability, and in English.  The notice must also include a statement that the parents have the option of declining their child’s enrollment in a bilingual program, and shall be given an opportunity to do so if they choose. 

 

The district will notify the parents of ELLs by mail within thirty days of the child’s identification.

 

Parents shall receive progress reports of students enrolled in bilingual, ESL, or English language services programs in the same manner and frequency as progress reports are sent to parents of other students enrolled in the district.

 

The Superintendent or designee will provide for the maximum practical involvement of parent(s) of ELLs in the development and review of program objectives and dissemination of information to and from the district Boards of Education and communities served by the bilingual, ESL, or English language services education programs.  A district that implements a bilingual education program shall establish a parent advisory committee on bilingual education of which the majority membership shall be parents of ELLs.

 

Graduation

 

ELLs will qualify for graduation from high school in accordance with N.J.A.C. 6A:8-5.1(a) and Policy 5460.

 

Program Plan

 

The Superintendent shall prepare and submit a plan for a bilingual, ESL, or English language services program every three years to the Board 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:35-26.1

N.J.A.C. 6A:14-4.10; 6A:15-1.1 et seq.

 

 

Revised: 26 April 2023