HB5981 96TH GENERAL ASSEMBLY

LRB096 19351 NHT 35152 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5981

Introduced 2/10/2010, by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:

105 ILCS 5/14C-1	from Ch. 122, par. 14C-1
105 ILCS 5/14C-2	from Ch. 122, par. 14C-2

Amends the Transitional Bilingual Education Article of the School Code. Adds as a purpose of the Article the establishment of approved alternative programs in public schools. Provides that an approved alternative program means a full-time program of instruction (1) in all of those courses or subjects that a child is required by law to receive and that are required by the child's school district, given in either the native language of those children of limited English-speaking ability who are enrolled in the program or in English; and (2) that consists of both a structured English immersion program and a program of 2-way bilingual education, 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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Sections 14C-1 and 14C-2 as follows:

(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, it is the purpose of this Act to provide for the establishment of transitional bilingual education or approved alternative 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. 94-1105, eff. 6-1-07.)

(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) all children in grades pre-K through 12 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) all children in grades pre-K through 12 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.

(g) "Approved alternative program" means a full-time program of instruction:

(1) in all of those courses or subjects that a child is required by law to receive and that are required by the child's school district, given in either the native language of those children of limited English-speaking ability who are enrolled in the program or in English; and

(2) that consists of both a structured English immersion program and a program of 2-way bilingual education; 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.

In an approved alternative program, each child's parent or legal guardian must be given the opportunity to select which of the available programs will best meet the child's specific educational needs.

For the purposes of this subdivision (g), a 2-way bilingual education program is one in which (i) the goal is to develop proficiency in both the child's native language and English, (ii) students with an English background and students with one other language background are included, and (iii) instruction is in both languages; and a structured English immersion program is one in which (A) the goal is fluency, with only limited-English proficient students in the class, (B) primary instruction is in English, adjusted to the proficiency level of students so subject matter is comprehensible, and (C) instruction may be supplemented with support in the students' native language.

(Source: P.A. 95-793, eff. 1-1-09.)