2005 Illinois 105 ILCS 5/ School Code. Article 14C - Transitional Bilingual Education
(105 ILCS 5/Art. 14C heading)
ARTICLE 14C.
TRANSITIONAL BILINGUAL EDUCATION
(105 ILCS 5/14C‑1) (from Ch. 122, par. 14C‑1)
Sec. 14C‑1.
The General Assembly finds that there are large numbers of children in
this 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 General Assembly
believes that a program of transitional bilingual education can meet the
needs of these children and facilitate their integration into the regular
public school curriculum. Therefore, pursuant to the policy of this State
to insure equal educational opportunity to every child, and in recognition
of the educational needs of children of limited English‑speaking ability,
and in recognition of the success of the limited existing bilingual
programs conducted pursuant to Sections 10‑22.38a and 34‑18.2 of The School
Code, it is the purpose of this Act to provide for the establishment of
transitional bilingual education programs in the public schools, and to
provide supplemental financial assistance to help local school districts
meet the extra costs of such programs.
(Source: P. A. 78‑727.)
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(105 ILCS 5/14C‑2) (from Ch. 122, par. 14C‑2)
Sec. 14C‑2.
Definitions.
Unless the context indicates otherwise, the terms used in this
Article have the following meanings:
(a) "State Board" means the State Board of Education.
(b) "Certification Board" means the State Teacher Certification
Board.
(c) "School District" means any school district established under
this Code.
(d) "Children of limited English‑speaking ability" means (1)
children who were not born in the United States whose native tongue is a
language other than English and who are incapable of performing ordinary
classwork in English; and (2) children who were born in the United
States of parents possessing no or limited English‑speaking ability and
who are incapable of performing ordinary classwork in English.
(e) "Teacher of transitional bilingual education" means a teacher
with a speaking and reading ability in a language other than English in
which transitional bilingual education is offered and with communicative
skills in English.
(f) "Program in transitional bilingual education" means a full‑time
program of instruction (1) in all those courses or subjects which a
child is required by law to receive and which are required by the
child's school district which shall be given in the native language of
the children of limited English‑speaking ability who are enrolled in the
program and also in English, (2) in the reading and writing of the
native language of the children of limited English‑speaking ability who
are enrolled in the program and in the oral 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 who are
enrolled in the program and in the history and culture of the United
States; or a part‑time program of instruction based on the educational
needs of those children of limited English‑speaking ability who do not
need a full‑time program of instruction.
(Source: P.A. 86‑1028.)
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(105 ILCS 5/14C‑2.1) (from Ch. 122, par. 14C‑2.1)
Sec. 14C‑2.1.
School boards of any school districts that maintain a recognized school,
whether operating under the general law or under a special charter, may
until July 1, 1976, depending on available state aid, and shall thereafter,
subject to any limitations hereinafter specified, establish and maintain
such transitional bilingual programs as may be needed for children of
limited English‑speaking ability as authorized by this Article.
(Source: P.A. 78‑727.)
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(105 ILCS 5/14C‑3) (from Ch. 122, par. 14C‑3)
Sec. 14C‑3.
Language classification of children; establishment of
program; period of participation; examination.
Each school district shall ascertain, not later than the first day of
March, under regulations prescribed by the State Board, the
number of children of limited English‑speaking ability within the school
district, and shall classify them according to the language of which
they possess a primary speaking ability, and their grade level, age or
achievement level.
When, at the beginning of any school year, there is within an
attendance center of a school district not including children who are
enrolled in existing private school systems, 20 or more children of
limited English‑speaking ability in any such language classification,
the school district shall establish, for each classification, a program
in transitional bilingual education for the children therein. A school
district may establish a program in transitional
bilingual education with respect to any classification with less than 20
children therein, but should a school district decide not to establish
such a program, the school district shall provide a locally determined
transitional program of instruction which, based upon an
individual student language assessment, provides content area instruction
in a language other than English to the extent
necessary to ensure that each student can benefit from educational
instruction and achieve an early and effective transition into the regular
school curriculum.
Every school‑age child of limited English‑speaking ability not
enrolled in existing private school systems shall be enrolled and
participate in the program in transitional bilingual education
established for the classification to which he belongs by the school
district in which he resides for a period of 3 years or until such time
as he achieves a level of English language skills which will enable him
to perform successfully in classes in which instruction is given only in
English, whichever shall first occur.
A child of limited English‑speaking ability enrolled in a program in
transitional bilingual education may, in the discretion of the school
district and subject to the approval of the child's parent or legal
guardian, continue in that program for a period longer than 3 years.
An examination in the oral comprehension, speaking, reading and
writing of English, as prescribed by the State Board, shall
be administered annually to all children of limited English‑speaking
ability enrolled and participating in a program in transitional
bilingual education. No school district shall transfer a child of
limited English‑speaking ability out of a program in transitional
bilingual education prior to his third year of enrollment therein unless
the parents of the child approve the transfer in writing, and unless the
child has received a score on said examination which, in the
determination of the State Board, reflects a level of
English language skills appropriate to his or her grade level.
If later evidence suggests that a child so transferred is still
disabled by an inadequate command of English, he may be
re‑enrolled
in the program for a length of time equal to that which remained at the
time he was transferred.
(Source: P.A. 89‑397, eff. 8‑20‑95.)
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(105 ILCS 5/14C‑4) (from Ch. 122, par. 14C‑4)
Sec. 14C‑4.
Notice of enrollment; content; rights of parents.
No later than 30 days after the beginning of the school year or
14 days after the enrollment of any child in a
program in
transitional bilingual education during the middle of a school year, the
school district in which the child
resides shall notify by mail the parents or legal guardian of the child of
the fact that their child has been enrolled in a program in transitional
bilingual education. The notice shall contain all of the following
information in simple, nontechnical language:
(1) The reasons why the child has been placed in and |
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needs the services of the program.
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(2) The child's level of English proficiency, how
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this level was assessed, and the child's current level of academic achievement.
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(3) The method of instruction used in the program
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and in other available offerings of the district, including how the program differs from those other offerings in content, instructional goals, and the use of English and native language instruction.
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(4) How the program will meet the educational
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strengths and needs of the child.
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(5) How the program will specifically help the child
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to learn English and to meet academic achievement standards for grade promotion and graduation.
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(6) The specific exit requirements for the program,
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the expected rate of transition from the program into the regular curriculum, and the expected graduation rate for children in the program if the program is offered at the secondary level.
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(7) How the program meets the objectives of the
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child's individual educational program (IEP), if applicable.
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(8) The right of the parents to decline to enroll
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the child in the program or to choose another program or method of instruction, if available.
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(9) The right of the parents to have the child
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immediately removed from the program upon request.
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(10) The right of the parents to visit transitional
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bilingual education classes in which their child is enrolled and to come to the school for a conference to explain the nature of transitional bilingual education.
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The notice shall be in writing in English and in the language of which
the child of the parents so notified possesses a primary speaking ability.
Any parent whose child has been enrolled in a program in transitional
bilingual education shall have the absolute right to immediately withdraw his
child from said program by
providing written
notice of such desire to the school authorities of the school in which his
child is enrolled or to the school district in which his child resides.
(Source: P.A. 92‑604, eff. 7‑1‑02.)
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(105 ILCS 5/14C‑5) (from Ch. 122, par. 14C‑5)
Sec. 14C‑5.
Nonresident children; enrollment and tuition; joint programs.
A school district may allow a nonresident child of limited
English‑speaking ability to enroll in or attend its program in transitional
bilingual education and the tuition for such a child shall be paid by the
district in which he resides.
Any school district may join with any other school district or districts
to provide the programs in transitional bilingual education required or
permitted by this Article.
(Source: P. A. 78‑727.)
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(105 ILCS 5/14C‑6) (from Ch. 122, par. 14C‑6)
Sec. 14C‑6.
Placement of children.
Children enrolled in a program of transitional bilingual education
whenever possible shall be placed in classes with children of
approximately the same age and level of educational attainment. If
children of different age groups or educational levels are combined, the
school district so combining shall ensure that the instruction given
each child is appropriate to his or her level of educational attainment
and the school districts shall keep adequate records of the educational
level and progress of each child enrolled in a program. The maximum
student‑teacher ratio shall be set by the State Board and
shall reflect the special educational needs of children enrolled in
programs in transitional bilingual education. Programs in transitional
bilingual education shall, whenever feasible, be located in the regular
public schools of the district rather than separate facilities.
(Source: P.A. 81‑1508.)
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(105 ILCS 5/14C‑7) (from Ch. 122, par. 14C‑7)
Sec. 14C‑7.
Participation in extracurricular activities of public schools.
Instruction in courses of subjects included in a program of transitional
bilingual education which are not mandatory may be given in a language
other than English. In those courses or subjects in which verbalization is
not essential to an understanding of the subject matter, including but not
necessarily limited to art, music and physical education, children of
limited English‑speaking ability shall participate fully with their
English‑speaking contemporaries in the regular public school classes
provided for said subjects. Each school district shall ensure to children
enrolled in a program in transitional bilingual education practical and
meaningful opportunity to participate fully in the extracurricular
activities of the regular public schools in the district.
(Source: P. A. 78‑727.)
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(105 ILCS 5/14C‑8) (from Ch. 122, par. 14C‑8)
Sec. 14C‑8.
Teacher certification ‑ Qualifications ‑ Issuance of
certificates. No person shall be eligible
for employment by a school district as a teacher of transitional
bilingual education without either (a) holding a valid teaching certificate
issued pursuant to Article 21 of this Code and meeting such additional language
and course requirements as prescribed by the State Board of Education or
(b) meeting the requirements
set forth in this Section.
The Certification Board shall issue certificates
valid for teaching in all grades of the common school in
transitional bilingual education programs to any person
who presents it with satisfactory evidence that he
possesses an adequate speaking and reading ability in a
language other than English in which transitional bilingual
education is offered and communicative skills in
English, and possessed within 5 years previous to his or her
applying
for a certificate under this Section a valid teaching
certificate issued by a foreign country, or by a State or
possession or territory of the United States, or other evidence
of teaching preparation as may be determined to be
sufficient by the Certification Board, or holds
a degree from an institution of higher learning in a foreign country
which the Certification Board determines to be the equivalent of a
bachelor's degree from a recognized
institution of higher learning in the
United States; provided that any
person seeking a certificate under this
Section must meet the following additional requirements:
(1) Such persons must be in good health;
(2) Such persons must be of sound moral character;
(3) Such persons must be legally present in the
United States and possess legal authorization for employment;
(4) Such persons must not be employed to replace
any presently employed teacher who otherwise would not be
replaced for any reason.
Certificates issuable pursuant to
this Section shall be issuable only during the 5 years
immediately following the effective date of this Act and
thereafter for additional periods of one year only upon
a determination by the State Board of Education that a
school district lacks the number of teachers necessary to
comply with the mandatory requirements of Sections 14C‑2.1
and 14C‑3 of this Article for the establishment and maintenance
of programs of transitional bilingual education
and said certificates issued by the Certification Board
shall be valid for a period of 6 years following their
date of issuance and shall not be renewed, except that one renewal for
a period of two years may be granted if necessary to permit the holder of
a certificate issued under this Section to acquire a teaching certificate
pursuant to Article 21 of this Code. Such certificates
and the persons to whom they are issued shall be exempt
from the provisions of Article 21 of this Code except
that Sections 21‑12, 21‑13, 21‑16, 21‑17, 21‑19, 21‑21,
21‑22, 21‑23 and 21‑24 shall continue to be applicable to
all such certificates.
After the effective date of this amendatory Act of 1984, an additional
renewal for a period to expire August 31, 1985, may be granted. The State
Board of Education shall report to the General Assembly on or before
January 31, 1985 its recommendations for the qualification of teachers of
bilingual education and for the qualification of teachers of English as a
second language. Said qualification program shall take effect no later than
August 31, 1985.
Beginning July 1, 2001, the State Board of Education shall implement a test
or
tests to assess the speaking, reading, writing, and grammar skills of
applicants for a
certificate issued under this Section in the English language and in the
language of the
transitional bilingual education program requested by the applicant and shall
establish
appropriate fees for these tests. The State Board of Education, in
consultation with the
Certification Board, shall promulgate rules to implement the required tests,
including
specific provisions to govern test selection, test validation,
determination of a passing
score, administration of the test or tests, frequency of administration,
applicant fees,
identification requirements for test takers, frequency of applicants taking the
tests, the
years for which a score is valid, waiving tests for individuals who have
satisfactorily
passed other tests, and the consequences of dishonest conduct in the
application for or
taking of the tests.
If the qualifications of an applicant for a certificate valid for
teaching in transitional bilingual education programs in all grades of the
common schools do not meet the requirements established for the issuance of
that certificate, the Certification Board nevertheless shall issue the
applicant a substitute teacher's certificate under Section 21‑9
whenever it appears from the face of the
application submitted for certification as a teacher of transitional
bilingual education and the evidence presented in support thereof that the
applicant's qualifications meet the requirements established for the
issuance of a certificate under Section 21‑9; provided, that if it
does not appear from the face of such application and supporting evidence
that the applicant is qualified for issuance of a certificate under Section
21‑9 the Certification Board shall evaluate the application with
reference to the requirements for issuance of certificates under Section
21‑9 and shall inform the applicant, at the time it denies the
application submitted for
certification as a teacher of transitional bilingual education, of the
additional qualifications which the applicant must possess in order to meet
the requirements established for issuance of (i) a certificate valid for
teaching in transitional bilingual education programs in all grades of the
common schools and (ii) a substitute teacher's certificate under Section 21‑9.
(Source: P.A. 91‑370, eff. 7‑30‑99.)
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(105 ILCS 5/14C‑9) (from Ch. 122, par. 14C‑9)
Sec. 14C‑9.
Tenure; minimum salaries.
Any person employed as a teacher of transitional bilingual education
whose teaching certificate was issued pursuant to Section
14C‑8 of this Article shall have such employment credited to him for the
purposes of determining under the provisions of this Code eligibility to
enter upon contractual continued service; provided that such employment
immediately precedes and is consecutive with the year in which such person
becomes certified under Article 21 of this Code.
For the purposes of determining the minimum salaries payable to persons
certified under Section 14C‑8 of this Article, such
persons shall be deemed to have been trained at a recognized institution of
higher learning.
(Source: P.A. 82‑597.)
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(105 ILCS 5/14C‑10) (from Ch. 122, par. 14C‑10)
Sec. 14C‑10.
Parent and community participation.
School districts shall provide for the maximum practical involvement of
parents of children in transitional bilingual education programs. Each
school district shall, accordingly, establish a parent advisory committee
which affords parents the opportunity effectively to express their views
and which ensures that such programs are planned, operated, and evaluated
with the involvement of, and in consultation with, parents of children
served by the programs. Such committees shall be composed of parents of
children enrolled in transitional bilingual education programs,
transitional bilingual education teachers, counselors, and representatives
from community groups; provided, however, that a majority of each committee
shall be parents of children enrolled in the transitional bilingual
education program.
(Source: P. A. 78‑727.)
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(105 ILCS 5/14C‑11) (from Ch. 122, par. 14C‑11)
Sec. 14C‑11.
Preschool or summer school programs.
A school district may establish on a full or part‑time basis preschool
or summer school programs in transitional bilingual education for children
of limited English‑speaking ability or join with the other school districts
in establishing such preschool or summer programs. Preschool or summer
programs in transitional bilingual education shall not substitute for
programs in transitional bilingual education required to be provided during
the regular school year.
(Source: P. A. 78‑727.)
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(105 ILCS 5/14C‑12) (from Ch. 122, par. 14C‑12)
Sec. 14C‑12. Account of expenditures; Cost report; Reimbursement.
Each
school district shall keep an accurate, detailed and separate account of
all monies paid out by it for the programs in transitional bilingual education
required or permitted by this Article, including transportation costs, and
shall annually report thereon for the school year ending June 30 indicating
the average per pupil expenditure. Each school district shall be reimbursed
for the amount by which such costs exceed the average per pupil expenditure
by such school district for the education of children of comparable age
who are not in any special education program.
Applications for preapproval for reimbursement for costs of transitional
bilingual education programs must be submitted to the State Superintendent of
Education at least 60 days before a transitional bilingual education program
is started, unless a justifiable exception is granted by the State
Superintendent of Education.
Applications shall set forth a plan for transitional
bilingual education established and maintained in accordance with this Article.
Reimbursement claims for transitional bilingual education programs shall
be made as follows:
Each school district shall claim reimbursement on a current basis for the
first 3 quarters of the fiscal year and file a final adjusted
claim
for the school year ended June 30 preceding computed in accordance with rules
prescribed by the State Superintendent's Office.
The State Superintendent
of
Education before approving any such claims shall
determine their accuracy and whether
they are based upon services and facilities provided under approved programs.
Upon approval he shall transmit to the Comptroller
the
vouchers showing the amounts due for
school
district reimbursement claims. Upon receipt of the
final adjusted
claims the State Superintendent of Education shall make a final
determination of the
accuracy of such claims. If the money appropriated by the General Assembly
for such purpose for any year is insufficient, it shall be apportioned on
the basis of the claims approved.
Failure on the part of the school district to prepare and certify the final
adjusted claims due under this Section may constitute a forfeiture
by the school district of its right to be reimbursed by the State under this
Section.
(Source: P.A. 94‑441, eff. 8‑4‑05.)
(105 ILCS 5/14C‑13) (from Ch. 122, par. 14C‑13)
Sec. 14C‑13.
Advisory Council.
There is created an Advisory Council
on Bilingual Education, consisting of 17 members appointed by the State
Superintendent of Education and selected, as nearly as possible, on the
basis of experience in or knowledge of the various programs of bilingual
education. The Council shall advise the State Superintendent on policy and
rules pertaining to bilingual education. The Council shall establish such
sub‑committees as it deems appropriate to review bilingual education issues
including but not limited to certification, finance and special education.
Initial appointees shall serve terms determined by lot as follows: 6 for
one year, 6 for 2 years and 5 for 3 years. Successors shall serve 3‑year
terms. Members annually shall select a chairman from among their number.
Members shall receive no compensation but may be reimbursed for necessary
expenses incurred in the performance of their duties.
(Source: P.A. 87‑995.)
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