Current through Register Vol. 48, No. 12, March 22, 2024
a)
Administrative Provisions
1) Program
Facilities - Other than for preschool education programs, TBE and transitional
program of instruction (TPI) programs shall be located in the regular
public schools of the district rather than in separate facilities.
(Section 14C-6 of the School Code) If such a location is not feasible, the
substitute location shall be comparable to those made available to a majority
of the district's students with respect to space and equipment. If housed in a
facility other than a public school (including a charter school), the school
district shall provide a written explanation in its annual application to the
State Superintendent of Education as to why the use of a public school building
is not feasible.
2) Course Credit -
Students enrolled in approved programs shall receive full credit for courses
taken in these programs, which shall count toward promotion and fulfillment of
district graduation requirements. Courses in ESL shall count toward English
requirements for graduation. Students who change attendance centers or school
districts shall do so without loss of credit for coursework completed in the
program.
3)
Extracurricular
Activities - Each district shall ensure to students enrolled
in a TBE program a meaningful opportunity to participate fully
in the extracurricular activities of the public schools in the
district. (Section 14C-7 of the School Code)
4) Inclusion of Students Whose First or Home
Language is English - Students whose first or home language is English may be
included in a program under this Part if all English learners are
served.
5) Joint Programs - A
school district may join with one or more other school districts to provide
joint programs or services in accordance with the provisions of Section
10-22.31a of the School Code. The designated administrative agent shall adhere
to the procedures contained in 23 Ill. Adm. Code 100 (Requirements for
Accounting, Budgeting, Financial Reporting, and Auditing) as they pertain to
cooperative agreements.
6)
Preschool and Summer School - A school district may establish preschool
or summer school programs for English learners or join with
other school districts in establishing these programs
for English learners. Summer school TBE programs shall
not substitute for programs required during the regular school year.
(Section 14C-11 of the School Code) A school district that offers a summer
school program or preschool program shall provide transitional bilingual
education programs or transitional programs of instruction for English learners
in accordance with Article 14C and this Part.
b) Instructional Specifications
1) Student-Teacher Ratio - The
student-teacher ratio in the ESL and home language components of programs
serving students in kindergarten or any of grades 1 through 12 as of September
30 of each school year shall not exceed 90% of the average student-teacher
ratio in general education classes for the same grades in that attendance
center. Decreases in the ratio for general education during the course of a
school year due to student mobility shall not require corresponding adjustments
within the bilingual program. Further, additional students may be placed into
bilingual classes during the course of a school year, provided that no
bilingual classroom may exhibit a student-teacher ratio that is greater than
the average for general education classes in that grade and attendance center
as a result of these placements. Preschool programs established pursuant to
Section 2-3.71 of the School Code that provide bilingual education services
shall meet the requirements of 23 Ill. Adm. Code
235.30
(Early Childhood Block Grant) rather than the requirements of this subsection
(b)(1).
2) Grade-Level Placement -
Students enrolled in a program of transitional bilingual education
shall be placed in classes with students of approximately the same age or grade
level, except as provided in subsection (b)(3). (Section 14C-6 of the
School Code)
3) Multilevel Grouping
-
If students
of different age groups or educational
levels are combined in the same class
, the school district
shall ensure that the instruction given each student
is
appropriate to that student's
level of educational
attainment. (Section 14C-6 of the School Code) Evidence of compliance
with this requirement shall be:
A)
individualized instructional programs; or
B) grouping of students for instruction
according to grade level.
4) Beginning with the 2022-2023 school year,
instruction in Spanish language arts, when provided under subsection (c) or
(d), shall be aligned to the Illinois Spanish Language Arts standards that are
appropriate to the ages or grade levels of the students served, which are set
forth in 23 Ill. Adm. Code 1. Appendix D.
5) Language Grouping - School districts may
place English learners who have different home languages in the same class,
provided that, in classes taught in the home language:
A) instructional personnel or assistants
representing each of the languages in the class are used; and
B) the instructional materials are
appropriate for the languages of instruction.
6) Program Integration - In courses
or subjects in which language is not essential to an
understanding of the subject matter, including, but not necessarily limited to,
art, music, and physical education, English learners shall participate fully
with their English-speaking classmates. (Section
14C-7 of the School Code)
c) Specific Requirements for Transitional
Bilingual Education (TBE) Programs
1) Each
full-time TBE program shall consist of at least the following components:
A)
Instruction in subjects
that are required by law (see 23 Ill. Adm. Code 1) or
by the student's school district, to be given in the
student's home language and in English; core subjects such as
math, science and social studies must be offered in the student's home
language, except as otherwise provided in subsection (c)(3);
B) Instruction in the language arts in the
student's home language;
C)
Instruction in English as a second language, which must align to the applicable
English language development standards set forth in Section
228.10
;
and
D)
Instruction
in the history and culture of the country, territory, or geographic
area that is the native land of the students or the
parents of English learners who are enrolled in the program and in the
history and culture of the United States. (Section 14C-2(f) of the
School Code).
2)
Programs may also include other services, modifications, or activities such as
counseling, tutorial assistance, learning settings, or special instructional
resources that will assist English learners in meeting the Illinois Learning
Standards (see 23 Ill. Adm. Code 1, Appendix D) and for preschool programs
established pursuant to Section 2-3.71 of the School Code, the Illinois Early
Learning and Development Standards - Children Age 3 to Kindergarten Enrollment
Age (see 23 Ill. Adm. Code 235, Appendix A).
3) Beginning September 1, 2013, students may
be placed into a part-time program, or students previously placed in a
full-time program may be placed in a part-time program, in accordance with the
requirements of this subsection (c)(3) and only when the placement is
instructionally beneficial for the student.
A)
The placement will be deemed instructionally beneficial for the student when an
assessment of the student's English language skills has been performed in
accordance with the provisions of either Section
228.15(e)
or Section
228.25(b)
and the assessment results indicate that the
student has sufficient proficiency in English to benefit from a part-time
program.
i) Evidence of sufficient
proficiency shall be achievement of the minimum score to be used for this
purpose set by the State Superintendent either on the prescribed screening
instrument required in Section
228.15(e)
or the English language proficiency assessment required in Section
228.25(b).
The State Superintendent shall inform districts of the minimum score to be used
for the prescribed screening instrument or the English language proficiency
assessment, and post the minimum score on the State Board's website. If the
minimum score is modified, the State Superintendent shall inform school
districts no later than July 1 of the scores to be used and modify the State
Board's website accordingly.
ii)
Preschool programs shall use as evidence of sufficient proficiency either a
minimum score for an established screening instrument or a minimum level of
performance documented through established screening procedures.
B) If the student's score either
on the prescribed screening instrument required in Section
228.15(e)
or the English language proficiency assessment required in Section
228.25(b)
is below the minimum identified pursuant to subsection (c)(3)(A), the student
may be placed in a part-time program only if one of the following conditions is
met and the placement is instructionally beneficial for the student:
i) Native Language Proficiency
A native language proficiency test documents that the student
has minimal or no proficiency in the home language and a parent provides
written confirmation that English is the primary language spoken in the
home.
ii) Academic
Performance in Subjects Taught in English
A student's grades, teacher recommendations and State or local
assessment results in the previous school year indicate that the student has
performed at or above grade level in one or more core subject areas (i.e.,
reading, English language arts, mathematics, physical sciences, social
sciences) that were taught exclusively in English.
iii) Academic Performance
A student in a departmentalized setting has student grades,
teacher recommendations and State or local assessment results in the previous
school year that indicate that the student has performed at or above grade
level in at least two core subject areas that were taught in a U.S. school in
the student's native language or via sheltered instruction in English.
iv) Students with Disabilities
A student with a disability has an Individualized Education
Program developed in accordance with 23 Ill. Adm. Code 226.Subpart C that
identifies a part-time transitional bilingual education program as the least
restrictive environment for the student.
v) Limited Native Language Instruction
A student's native language has no written component or written
instructional materials are not available and cannot be developed. In this
case, native-language instruction may be limited to those components that exist
in the language or to those components for which materials are available. Oral
native language instruction or support shall be provided based on the student's
needs. School districts shall maintain evidence of their attempts to secure
written instructional materials, as applicable, and present that evidence to
State Board staff upon request.
C) A part-time program shall consist of
components of a full-time program that are selected for a particular student
based upon an assessment of the student's educational needs. Each student's
part-time program shall provide daily instruction in English and in the
student's home language as determined by the student's needs.
4)
Parent and Community
Participation - Each district or cooperative
shall establish a
parent advisory committee consisting of
parents,
legal guardians
, transitional bilingual education teachers, counselors,
and representatives from community groups. This committee shall
participate in the planning, operation, and evaluation of programs. The
majority of committee members shall be parents or legal guardians of students
enrolled in these programs. Membership on this committee shall be
representative of the languages served in programs to the extent
possible
. (Section 14C-10 of the School Code)
A) The committee shall:
i) meet at least four times per
year;
ii) maintain on file with the
school district minutes of these meetings;
iii) review the district's annual program
application to the State Superintendent of Education; and
iv)
autonomously carry out their
affairs, including the election of officers and the establishment of internal
rules, guidelines, and procedures. (Section 14C-10 of the School
Code)
B) Each district
or cooperative shall ensure that training is provided annually to the members
of its parent advisory committee. This training shall be conducted in a
language that the parent members can understand and shall encompass, but need
not be limited to: information related to instructional approaches and methods
in bilingual education; the provisions of State and federal law related to
students' participation and parents' rights; and accountability measures
relevant to students in bilingual programs.
d) Specific Requirements for Transitional
Program of Instruction (TPI)
1) Program
Structure - The level of a student's proficiency in English, as determined by
an individual assessment of the student's language skills on the basis of
either the prescribed screening instrument or, as applicable, the procedures
required in Section
228.15(e)
or the English language proficiency assessment required in Section
228.25(b)
in conjunction with other information available to the district regarding the
student's level of literacy in that student's home language, will determine the
structure of the student's instructional program.
2) Program Components - A transitional
program of instruction must include instruction or native language support in
the student's home language to the extent necessary, as determined by the
district on the basis of the prescribed screening instrument or procedures, as
applicable, required in Section
228.15(e)
or the English language proficiency assessment required in Section
228.25(b),
to enable the student to keep pace with age or grade peers in achievement in
the core academic content areas. A transitional program of instruction shall
include instruction in ESL, which must align to the applicable English language
development standards set forth in Section 228.10. A transitional program of
instruction also may include, but is not limited to:
A) language arts in the students' home
language; and
B) instruction in the
history and culture of the country, territory, or geographic area that is the
native land of the students or of their parents and in the history and culture
of the United States.