2423  BILINGUAL EDUCATION 
The Board of Education will provide programs of bilingual education, English as a second language (ESL), and culturally and linguistically responsive,  researched-based, and effective language instruction educational programs (LIEP) to all multilingual learners (ML) as required by law and rules of the New Jersey State Board of Education.  MLs are those students whose primary language is not English and who have varying degrees of English language proficiency in any one of the domains of speaking, reading, writing, or listening and is synonymous with limited English-speaking ability pursuant to N.J.S.A. 18A:35-15 through   18A:35-26.1 and N.J.A.C. 6A:15-1.1 et seq. 
The school district shall use, at the time of enrollment, the multi-step process to identify MLs enrolled in the district in accordance with N.J.A.C. 6A:15-1.3.  The district shall administer to each student enrolled in the district the Statewide home-language survey (HLS) to determine which students in preschool to  twelfth-grade have a primary language(s) other than English and, therefore, may be a ML. 
The district shall then determine the English language proficiency of all Kindergarten to twelfth-grade students who are found eligible through N.J.A.C. 6A:15-1.3(a)1 or (a)2 and whose primary language is other than English by administering an English language proficiency (ELP) assessment.  Students who do not meet the New Jersey Department of Education (Department)-established cut score standard on the ELP assessment shall be considered MLs and shall be offered entry into the district’s LIEP.  Preschool students who are identified as having a primary language other than English shall be identified as MLs.  Prior to the start of their Kindergarten year, the district shall administer an ELP assessment to preschool MLs as part of the screener process to determine the ML’s English language proficiency level. The district shall also use age-appropriate methodologies to identify preschool MLs to determine their individual language development needs. 
The district shall provide to all preschool to twelfth-grade MLs enrolled in the district pursuant to N.J.S.A. 18A:7F-46 and N.J.S.A. 18A:7F-54 with equal educational opportunities and all educational activities and programs in accordance with the provisions of N.J.A.C. 6A:15-1.4.
The school district providing a LIEP shall submit a plan every three years to the Department in accordance with the provisions of N.J.A.C. 6A:15-1.5. 
Students enrolled in a LIEP shall have equal educational opportunities, including full access to educational opportunities and services available to other students in the school district pursuant to N.J.A.C. 6A:15-1.6. 
As part of the district- and school-level plans for professional development requirements pursuant to N.J.A.C. 6A:9C-4.2, the Board shall describe professional learning for bilingual, ESL, and academic content teaching staff members whose classroom instruction is in English; administrators who supervise bilingual/ESL programs; and administrators and any personnel who observe and evaluate teaching staff members of MLs in accordance with the provisions of N.J.A.C. 6A:15-1.7. 
All teachers of bilingual programs shall hold a valid New Jersey instructional certificate with an endorsement for the appropriate grade level and/or academic content area and a standard certificate with a bilingual/bicultural education endorsement, pursuant to N.J.S.A. 18A:6-38 et seq., N.J.S.A. 18A:35-15 to 26, and N.J.A.C. 6A:9B-11.5 in accordance with the provisions of N.J.A.C.      6A:15-1.8. 
Students identified as MLs shall be assessed annually using English Language Placement (ELP) assessments to measure the progress toward English language proficiency and to determine readiness for exiting the LIEP in accordance with the provisions of N.J.A.C. 6A:15-1.9. Students who meet the criteria for Statewide alternate assessments, pursuant to N.J.A.C. 6A:14-4.10(a)2., shall be assessed annually using an alternate ELP assessment.  Every student participating in a bilingual, ESL, or English language services program established pursuant to N.J.S.A. 18A:35-15 et seq. shall be entitled to continue such participation for a period of three years pursuant to N.J.S.A. 18A:35-19. 
MLs enrolled in the LIEP shall be placed in a classroom(s) where the primary language of instruction is English when the ML has demonstrated readiness to exit a LIEP first by achieving the Department-established cut score on an ELP or alternate ELP assessment.  The student’s readiness shall be further assessed by the use of a Department-established English language observation form that considers, at a minimum:  classroom performance; the student’s reading level in English; the observations of the teaching staff members responsible for the educational program of the student; and performance on achievement tests in English.
In accordance with the provisions of N.J.S.A. 18A:35-22.1, a parent may remove a student who is enrolled in a bilingual education program at any time; except that during the first three years of a student’s participation in a bilingual education program, a parent may only remove the student at the end of each school year. 
If a parent wishes to remove the student prior to the end of each school year, the removal shall be approved by the Executive County Superintendent.  If the Executive County Superintendent determines the student should remain in the bilingual education program until the end of the school year, the parent may appeal the Executive County Superintendent’s decision to the Commissioner of Education or designee pursuant to the provisions of N.J.S.A. 18A:35-19.2. 
Newly exited students who are not academically progressing in classes where English is the primary language of instruction may be considered for reentry to a LIEP in accordance with the provisions of N.J.A.C. 6A:15-1.9(g)1 through (g)5. 
All MLs shall satisfy requirements for high school graduation pursuant to N.J.A.C. 6A:8-5.1(a) and Policy 5460 in accordance with the provisions of N.J.A.C. 6A:15-1.10. 
All Kindergarten through twelfth-grade LIEPs shall be conducted within classrooms within the school district pursuant to N.J.S.A. 18A:35-20 in accordance with the provisions of N.J.A.C. 6A:15-1.11. 
The parent of a ML shall be notified in accordance with the provisions of N.J.A.C. 6A:15-1.12 that their child has been identified as eligible for placement in a LIEP.  Notice shall be in writing and in the language in which the parent possesses a primary speaking ability, and in English.  The notice must also include the provisions detailed at N.J.A.C. 6A:15-1.12(b).  Progress reports shall be written in English and in the primary language spoken by the parent of students enrolled in the LIEP. 
Pursuant to N.J.A.C. 6A:15-1.13, with approval of the Executive County Superintendent on a case-by-case basis, the Board may join with another district Board to provide a LIEP and an individualized learning opportunity, pursuant to N.J.A.C. 6A:8-5.1(a)2, to a ML who chooses to utilize it to meet the 120-credit graduation requirement, in whole or in part.
The Superintendent or designee shall provide for the maximum practicable engagement of the parent of MLs in the development and review of program objectives and dissemination of information to and from the Boards and communities served by the LIEP in accordance with the provisions of N.J.A.C. 6A:15-1.14.  With the exception of a Board implementing an English language services or ESL program, each Board implementing a LIEP shall establish a parent advisory committee on bilingual education of which the majority membership shall be the parents of MLs.
  
N.J.S.A. 18A:35-15 through 18A:35-26.1
N.J.A.C. 6A:14-4.10; 6A:15-1.1 et seq.

Date Revised:	2/24/97; 119/98, 2/22/10, 2/21/17, 3/16/17, 1/24/23, 4/30/24