Bilingual-Bicultural Education / Limited English Proficiency
BP 6174.00
BILINGUAL-BICULTURAL EDUCATION/LIMITED ENGLISH PROFICIENCY
| Note: Under the federal No Child Left Behind and Bilingual Education Acts, districts have specific obligations towards limited-English proficient students and their families. School districts must develop programs for limited-English proficient (LEP) students that emphasize English language instruction, and that have a primary goal of mainstreaming LEP students into regular classroom settings. School districts are required to notify the families of students placed in an LEP program as soon as this occurs. Notification should include: (1) an explanation of why their child has been placed in the program; (2) a description of the program their child is in, as well as a description of all other types of available language programs; (3) notice of a parent’s right to choose among instructional programs if more than one is available; (4) an explanation of how the current program will help their child to develop academically, learn English, and achieve the standards necessary for grade promotion and graduation; and (5) notice of a parent’s right to have his or her child moved from an LEP program to a regular program if they so desire. School districts must provide required parent notifications in a uniform format that is comprehensible to families, and, to the extent possible, in a language that can be understood by families. |
| Note: AS 14.30.400 mandates districts to provide in accordance with state regulations a bilingual-bicultural education program for each school with eight or more students of limited English-speaking ability whose primary language is other than English. 4 AAC 34.055 requires each district enrolling limited-English-proficient students to take appropriate steps to develop their English skills and to provide meaningful participation in the academic program. For districts enrolling eight or more LEP students in a single school, the district must submit to the Department of Education and Early Development an annual plan of service for LEP pupils. |
In accordance with the Board’s philosophy to provide a quality educational program to all students, the district shall provide an appropriate planned instructional program for identified students whose dominant language is not English. The purpose of the program is to increase the English proficiency of eligible students so that they can attain the academic standards adopted by the Board and achieve academic success. Students who have limited English proficiency (LEP) will be identified, assessed and provided appropriate services, which may include bilingual/bicultural or English as a Second Language instruction.
Students who are a part of an international student exchange program should pass the IPT 2005 (English Language Proficiency Test) for acceptance as an exchange student and will not be eligible for LEP services. The Superintendent or his/her designee shall implement and supervise an LEP program that ensures appropriate LEP instruction and complies with federal and state laws and regulations. Students shall have access to and be encouraged to participate in all academic and extracurricular activities of the district.
Students in limited-English proficiency programs shall receive instruction in the core curriculum through their primary language when possible and appropriate in order to sustain academic progress. Academic instruction provided in English shall, whenever necessary, be specially designed and presented so as to facilitate complete understanding of the total academic content. Students shall also receive instruction which promotes positive self-concepts and cross-cultural understanding.
(cf. 6141.3 - Multicultural Education)
Students who are taught core academic subjects in non-English speaking classes shall spend as much time as possible in classrooms with students who speak fluent English.
The LEP program shall be designed to provide instruction that meets each student’s individual needs, based on assessment of English proficiency in listening, speaking, reading and writing. Adequate content area support shall be provided while the student is learning English, to assure achievement of academic standards. Students participating in LEP programs shall be required, with accommodations, to meet established academic standards and graduation requirements adopted by the Board.
Identification and Placement
| Note: Under 4 AAC 34.090, “limited English proficient” or “LEP” means an individual who (a) is between 3 and 21 years old; (b) is enrolled or preparing to enroll in an elementary school or secondary school; (c) falls into one or more of the following categories of individuals: (i) an individual not born in the United States or whose native language is a language other than English, or (ii) is an American Indian, Alaska Native, or a native resident of the outlying areas, who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; and (d) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the: (i) ability to obtain a proficiency level of proficient or advanced, as described in 4 AAC 06.739, on the subtests in reading and writing under 4 AAC 06.730 or 4 AAC 06.737; (ii) ability to obtain a passing score on the subtests in reading and writing under 4 AAC 06.775; (iii) the ability to successfully achieve in classrooms where the language of instruction is English; or (iv) the opportunity to participate fully in society. |
The Superintendent or designee shall maintain procedures which provide for the careful identification, assessment and placement of students of limited-English proficiency in accordance with state regulations and the district's service plan. On an annual basis, the district will administer an assessment of English proficiency to students who are or may be eligible for services.
An individual student's participation in the bilingual/bicultural program is voluntary on the part of the parent/guardian.
(cf. 0410 - Nondiscrimination in District Programs and Activities)
Standardized Assessment
| Note: 4 AAC 06.775, adopted by the Department of Education and Early Development in 2003, requires the participation of all LEP students in the statewide student assessment system. This includes standard norm-referenced testing, standards-based testing, and the high school graduation qualifying exam. |
Students identified as limited English proficient shall participate, either with or without an accommodation, in statewide student assessments. The Superintendent or designee shall appoint a team that includes parents and teachers to determine the necessary accommodations for students with limited English proficiency. “Accommodations” include a change in the matter in which a test included in the statewide student assessment system is given to a student, and that does not alter what is measured by the assessment. The team will document the accommodation decision.
| Note: 4 AAC 06.775, adopted by the Department of Education and Early Development in 2003, requires the participation of all LEP students in the statewide student assessment system. This includes standard norm-referenced testing, standards-based testing, and the high school graduation qualifying exam. |
Reassignment
| Note: Pursuant to 4 AAC 34.055, the district's service plan must identify the procedure for assessing the educational progress of LEP pupils. Additionally, a student's parent/guardian may request placement in a regular school program. In 2003, the regulation was amended to provide an objective standard for when LEP services are no longer required. |
Students of limited-English proficiency shall be reassigned as fluent-English proficient when they have acquired the English language skills of comprehension, speaking, reading, and writing necessary to receive instruction and achieve academic progress in English only, at a level substantially equivalent to that of students of the same age or grade whose primary language is English. A student will remain eligible for services until the student:
- is not assessed as an LEP student for two consecutive annual assessments of English proficiency; and
- in the statewide assessment system, obtains a proficiency level of proficient or advanced on the subtests in reading and writing, or reading and language arts.
The Superintendent or designee shall provide subsequent monitoring and support of reassigned students.
Parent/Guardian and Community Involvement
| Note: 4 AAC 34.055 requires the district’s plan of service to provide for the involvement of parents/guardians and community members in the bilingual-bicultural educational program. |
The Board recognizes the need to involve parents/guardians and community members in the development, evaluation and improvement of district programs. The Superintendent or designee shall inform and involve parents/guardians and community members as required by law.
| Note: Under the No Child Left Behind Act, notice provisions are very specific as to content of the notice and when it must be given. Students placed in, or identified for, an LEP program before the beginning of the school year must receive notice no later than 30 days after school starts. For students newly identified after the beginning of the school year, parental notice is due within two weeks after the student’s placement in the program. |
The district shall notify parents of students qualifying for LEP programs regarding the instructional program and parental options, as required by law. The notice should state the reasons for identifying the student as limited English proficient, including the student’s level of proficiency and how the District determined that level. The student’s overall academic achievement should also be included in the notice. The notice must describe the LEP program’s instructional methods and explain how the student will transition from the program. Finally, the notice shall advise parents of their right to remove the child from the program, to choose an alternative program if available, and to obtain assistance in choosing a program. Parents will be regularly apprised of their student’s progress. Communications with parents shall be in the language understood by the parents, whenever possible.
(cf. 1220 - Citizens Advisory Committees)
Program Evaluation
| Note: 4 AAC 34.055 requires a district’s plan of service to establish procedures for an annual evaluation which addresses the effectiveness of the program in meeting the English-language development needs of LEP students and achieving student academic progress goals; and, reflecting any identified need for program modification. Additionally, districts must have a process for monitoring the success and academic progress of exited LEP students. |
The Superintendent or designee shall establish procedures for the annual evaluation of bilingual-bicultural education programs in conformance with state and federal regulations.
| Note: Federal Law (20 U.S. Code section 1703 (f)) prohibits districts from discriminating against a student on the basis of rae, color, sex or national origin by failing to take appropriate action to overcome language barriers that impede bilingual-bicultural students' equal participation in instructional programs. Federal courts have approved bilingual-bicultural programs which (1) are based on sound educational theory, (2) use methods reasonably calculated to effectively implement such theory, and (3) "produce results indicating that lnaguage barriers confronting students are actually becing ovecome." |
When evaluating the adequacy of bilingual-bicultural education, the Board shall consider data which indicates the effectiveness of the programs in teaching English to students and in contributing to their academic achievement.
Legal Reference:
ALASKA STATUTES
14.30.400 Bilingual-bicultural education
ALASKA ADMINISTRATIVE CODE
4 AAC 06.775 Assessment of a student with limited English proficiency
4 AAC 34.010-4 AAC 34.090 Bilingual-bicultural education
UNITED STATES CODE
20 U.S.C. §§ 1702-03
Bilingual Education Act, 20 U.S.C. §§ 7401 et seq. as amended by the English Language Acquisition, Language Enhancement, and Academic Achievement Act, Title III, §§ 3001-3304 of HR1
NO CHILD LEFT BEHIND ACT, P.L. 107-110 (2002)
Castenda v. Pickard 648 F.2d 989 (5th Cir. 1981)
Teresa P. et al v. Berkeley Unified School District et al, 724 F.Supp. 698 (N.D. Cal. 1989)
KETCHIKAN GATEWAY BOROUGH SCHOOL DISTRICT
Revision Date: 2/22/06