Section 228.30  Establishment of Programs

a)         Administrative Provisions

1)         Program Facilities – Programs shall be located in regular public school facilities rather than in separate facilities. (Section 14C-6 of the School Code [105 ILCS 5/14C-6])  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 such 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 that students enrolled in programs shall have the opportunity to participate fully in the extracurricular activities of the public schools in the district.  (Section 14C-7 of the School Code [105 ILCS 5/14C-7])

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 provided that all students of limited English proficiency 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 [105 ILCS 5/10-22.31a].  The designated administrative agent shall adhere to the procedures contained in 23 Ill. Adm. Code 110 (Program Accounting Manual) as they pertain to cooperative agreements.

6)         Preschool and Summer School – A school district may establish preschool and summer school programs for students of limited English proficiency, or join with other school districts in establishing such programs.  Summer school programs shall not replace programs required during the regular school year.  (Section 14C-11 of the School Code [105 ILCS 5/14C-11])

b)         Instructional Specifications

1)         Student-Teacher Ratio – The student-teacher ratio in the ESL and native language components of programs 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 students' 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 such placements.

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) of this Section.  (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 his/her age or grade level.  (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)         Language Grouping – School districts may place students of limited English proficiency who have different home languages in the same class, provided that, in classes taught in the native 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.

5)         Program Integration – In courses of 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, students of limited English proficiency shall participate fully with their English-speaking classmates.  (Section 14C-7 of the School Code)

c)         Administrators

Beginning July 1, 2008, each individual newly assigned to administer a program under this Part shall meet the applicable requirements of this subsection (c).  Administrators first assigned on or before June 30, 2008, shall be subject to the applicable requirements of this subsection (c) as of July 1, 2010.

1)         Except as provided in subsections (c)(3) and (4) of this Section, any person designated to administer a TBE program must hold a valid administrative certificate or supervisory endorsement issued by the State Board of Education in accordance with applicable provisions of 23 Ill. Adm. Code 25 (Certification) and 23 Ill. Adm. Code 1 (Public Schools Evaluation, Recognition and Supervision) and must hold the bilingual approval or endorsement.

2)         Except as provided in subsections (c)(3) and (4) of this Section, any person designated to administer a TPI program must hold a valid administrative certificate or supervisory endorsement issued by the State Board of Education in accordance with applicable provisions of 23 Ill. Adm. Code 25 and 1 and must hold the bilingual or ESL approval or endorsement.

3)         A person designated to administer a TBE or TPI program in a district with fewer than 200 TBE/TPI students shall be exempt from the requirement for bilingual or ESL approval or endorsement, provided that he or she annually completes two hours of professional development specifically designed to address the needs of students with limited English proficiency.  Documentation for this professional development activity shall be made available to a representative of the State Board of Education upon request.

4)         A person who has been assigned to administer a TPI program in a district that experiences such growth in the number of students eligible for bilingual education that a TBE program is required shall become subject to the requirements of subsection (c)(1) of this Section at the beginning of the fourth school year of the TBE program's operation.  A person who has been assigned to administer a program under subsection (c)(3) of this Section in a district where the number of students eligible for bilingual education grows beyond 200 shall become subject to the requirements of subsection (c)(2) of this Section at the beginning of the fourth school year in which the eligible population exceeds 200 students.  That is, each individual may continue to serve for the first three school years on the credentials that qualified him or her to administer the program previously operated.

d)         In-Service Training for Staff

1)         Each school district having a program shall annually plan in-service training activities for the certificated and noncertificated personnel involved in the education of students of limited English proficiency.  This plan shall be included in the district's annual application and shall be approved by the State Superintendent of Education if it meets the standards set forth in subsections (d)(2) and (d)(3) of this Section.

2)         Program staff beginning their initial year of service shall be involved in training activities that will develop their knowledge of the requirements for the program established under this Part and the employing district's relevant policies and procedures.

3)         Training activities shall be provided to all bilingual program staff at least twice yearly and shall address at least one of the following areas:

A)        current research in bilingual education;

B)        content-area and language proficiency assessment of students with limited English proficiency;

C)        research-based methods and techniques for teaching students with limited English proficiency;

D)        research-based methods and techniques for teaching students with limited English proficiency who also have disabilities; and

E)         the culture and history of the United States and of the country, territory or geographic area that is the native land of the students or of their parents.

4)         In addition to any other training required under this subsection (d), each individual who is responsible for administering the screening instrument referred to in Section 228.15(e) of this Part or the annual English language proficiency examination discussed in Section 228.25(c) of this Part shall be required to complete an on-line training sequence furnished by the State Board of Education and to pass the test embedded in that material.

e)         Specific Requirements for Transitional Bilingual Education (TBE) Programs

1)         Each full-time TBE program shall consist of at least the following components (Section 14C-2 of the School Code):

A)        Instruction in subjects which are either 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;

B)        Instruction in the language arts in the student's home language and in English as a second language; and

C)        Instruction in the history and culture of the country, territory, or geographic area which is the native land of the students or of their parents and in the history and culture of the United States.

2)         Programs may also include other services, modifications, or activities such as counseling, tutorial assistance, learning settings, or special instructional resources that will assist students of limited English proficiency in meeting the Illinois Learning Standards (see 23 Ill. Adm. Code 1, Appendix D).

3)         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, if 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(c) of this Part and the assessment results indicate that the student has sufficient proficiency in English to benefit from a part-time program.  However, district staff shall consider the student's score and his or her proficiency in the home language, prior performance, if any, in coursework taught exclusively in English, current academic performance, and other relevant factors such as age, disability, and cultural background in order to determine whether a full-time or a part-time program is appropriate.

4)         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 native language as determined by the student's needs.

5)         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 community leaders.  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 [105 ILCS 5/14C-10])

A)        The committee shall:

i)          meet at least four times per year;

ii)         maintain on file with the school district minutes of these meetings; and

iii)         review the district's annual program application to the State Superintendent of Education.

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 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.

f)          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 student language assessment in conjunction with other information available to the district regarding the student's level of literacy in his or her home language, will determine the structure of the student's instructional program.

2)         Program Components – A transitional program of instruction must include instruction or other assistance in the student's home language to the extent necessary, as determined by the district on the basis of the student assessment required in Section 228.15(e) or Section 228.25(c) of this Part, to enable the student to keep pace with his/her age or grade peers in achievement in the core academic content areas.  A transitional program of instruction may include, but is not limited to, the following components:  instruction in ESL, language arts in the students' home language, and 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.

(Source:  Amended at 30 Ill. Reg. 17434, effective October 23, 2006)