Chapter 6 - English Learner and Immigrant Pupil Federal Conformity Act

California Education Code — §§ 430-446

Sections (9)

Amended by Stats. 2003, Ch. 62, Sec. 30. Effective January 1, 2004.

(a)This chapter shall be known, and may be cited, as the English Learner and Immigrant Pupil Federal Conformity Act.

(b)The purpose of this chapter is to ensure that instructional services are provided to pupils with limited English proficiency in conformity with federal requirements that are designed to ensure that all pupils have reasonable access to educational opportunities that are necessary in order for the pupils to achieve at high levels in English and in the other core

curriculum areas of instruction.

(c)This chapter is intended to be declaratory of Title III of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and is intended to assist local educational agencies in understanding the requirements and funding formulas to provide allowable services. It is the intent of the Legislature that, to the extent federal law is amended, this chapter will be amended to conform to those changes.

(d)The requirements of this chapter apply only to local educational agencies that receive federal funds pursuant to Title III of the federal No Child Left Behind Act of 2001.

§ 435

Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.

For purposes of this chapter, the following terms have the following meanings:

(a)“English learner” or “pupil of limited English proficiency” means a pupil who was not born in the United States or whose native language is a language other than English or who comes from an environment where a language other than English is dominant; and whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the ability to meet the state’s proficient

level of achievement on state assessments, the ability to successfully achieve in classrooms where the language of instruction is English, or the opportunity to participate fully in society.

(b)“Immigrant pupil” means a pupil who was born in a country other than the United States and who has attended a kindergarten class or any of grades 1 to 12, inclusive, in a school in the United States for three or fewer years.

(c)“Federal No Child Left Behind Act of 2001” means Public Law Number 107-110 (20 U.S.C. Sec. 6801, et seq.).

§ 440

Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.

(a)A local educational agency shall provide instructional services to limited-English-proficient pupils and immigrant pupils in conformity with Section 6801 and following of Title 20 of the United States Code.

(b)In accordance with Section 7012 of Title 20 of the United States Code, each parent or guardian of a pupil enrolled in a public school shall receive notice of the assessment of his or her child’s English language proficiency not later than 30 days after the start of the

school year. The notice shall include all of the following:

(1)The reason for the child’s classification as limited English proficient.

(2)The level of English proficiency.

(3)A description of the program for the English language development instruction, including a description of all of the following:

(A)The manner in which the program will meet the educational strengths and needs of the child.

(B)The manner in which the program will help the child develop his or her English proficiency and meet age appropriate academic standards.

(C)The specific exit requirements for the program, the expected rate of transition from

the program into classrooms that are not tailored for limited-English-proficient children, and the expected rate of graduation from secondary school for the program if funds available under Sections 6801 and following of Title 20 of the United States Code are used for children in secondary schools.

(D)Where the child has been identified as having exceptional needs, the manner in which the program meets the requirements of the child’s individualized education plan.

(4)Information regarding a parent or guardian’s option to decline to allow the child to become enrolled in the program or to choose to allow the child to become enrolled in an alternative program.

(5)Information designed to assist a parent or guardian in selecting among available programs, if more than one program is offered.

§ 441

Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.

A local educational agency that receives federal funds for a language instruction program and that fails to make progress on the annual pupil achievement objectives in any fiscal year shall inform each parent or guardian of each pupil identified for participation in that program, or participating in that program, within 30 days of the occurrence of the failure, as required pursuant to Section 7012 (b) of Title 20 of the United States Code.

§ 442

Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.

In accordance with Section 6824 (d) of Title 20 of the United States Code, a local educational agency that experiences a significant increase, as determined by the State Department of Education, in the number of immigrant pupils in comparison to the average of the preceding two years may be eligible for a federal subgrant if that local educational agency agrees to expend the funds to improve the education of immigrant pupils by assisting the pupils to learn English and meet challenging state academic content and pupil achievement standards.

§ 443

Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.

(a)In accordance with Section 6826 of Title 20 of the United States Code, an eligible local educational agency desiring a subgrant pursuant to Section 6824 of Title 20 of the United States Code shall submit a plan to the State Department of Education at the time, in the manner, and containing the information, that the State Department of Education may require.

(b)The plan submitted shall do the following:

(1)Describe

the programs and activities to be developed, implemented, and administered.

(2)Describe how the agency will use the subgrant funds to meet all annual measurable achievement objectives for limited-English-proficient pupils in English proficiency and in meeting challenging state academic content and pupil academic achievement standards.

(3)Describe how the agency will hold elementary schools and secondary schools accountable for all of the following:

(A)Meeting the annual measurable achievement objectives.

(B)Making adequate yearly progress for limited-English-proficient pupils.

(C)Annually measuring the English proficiency of limited-English-proficient pupils so that pupils served

develop proficiency in English while meeting state academic content and pupil academic achievement standards.

(4)Describe how the agency will promote parental and community participation in programs for limited-English-proficient pupils.

(5)Contain an assurance that the agency consulted with teachers, researchers, school administrators, and parents, and, if appropriate, with education-related community groups and nonprofit organizations, and institutions of higher education, in developing the plan.

(6)Describe how language instruction education programs carried out under the subgrant will ensure that limited-English-proficient pupils being served by the programs develop English proficiency.

§ 444

Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.

In accordance with Section 6826 (c) of Title 20 of the United States Code, a local educational agency that receives a federal subgrant pursuant to Sections 6801 and following of Title 20 of the United States Code shall include in its plan a certification that all teachers in any language instruction education program for limited-English-proficient pupils that is, or will be, funded under Part A of Title III of the federal No Child Left Behind Act of 2001 are fluent in English and any other language used for instruction, including having written and oral communication

skills.

§ 445

Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.

In accordance with Section 6846 of Title 20 of the United States Code, nothing in this chapter shall be construed to negate or supersede state law or the legal authority under state law of the State Department of Education.

§ 446

Amended by Stats. 2003, Ch. 62, Sec. 31. Effective January 1, 2004.

In compliance with Section 6824 of Title 20 of the United States Code, the Superintendent of Public Instruction may not award a subgrant in an amount that is less than ten thousand dollars ($10,000). A local educational agency may form a consortium with one or more other local educational agencies to apply for Title III funds as a consortium, if the grant to the consortium is ten thousand dollars ($10,000) or more. A consortium shall include only those entities specified by Section 6871 of Title 20 of the United States Code. If a consortium applies for a subgrant,

it shall be awarded to the local lead educational agency on behalf of all of the members of the consortium. The members of the consortium shall collectively develop and approve a memorandum of understanding for the implementation of the programs and services they will provide with these funds.