August 5, 2015 – Proposal Level Bilingual Education N.J.A.C. 6A:15 August 5, 2015 – Proposal Level

N.J.A.C. 6A:15 Bilingual Education Purpose of Regulations: To establish programs for limited English proficient students to ensure their equal educational opportunity and recognize their individual needs. State Board Action: Readoption with amendments Sunset date: September 16, 2015 State Board First Discussion Level: June 3, 2015 State Board Second Discussion Level: July 8, 2015

Response to Comments Accepted support for amendments Amended rule text Provided clarification in the comment/response form Disagreed Regulated in other rules Overly prescriptive Postponed action

Amendments to Second Discussion Level N.J.A.C. 6A:15-1.2 Definitions Added: Four domains used to identify an ELL: “reading, writing, speaking and listening” to the proposed new definition of “English language learner” for clarity. Rationale: The domains are integral to the identification of ELLs and were included in the repealed definition of “Limited English Proficient”.

Amendments to Second Discussion Level N.J.A.C. 6A:15-1.8(a) Inservice Training Current rule: Districts must develop an inservice training plan for bilingual, ESL and mainstream teachers that includes instructional strategies to help ELLs meet the CCCS and WIDA English Language development standards. Added: “administrators who supervise bilingual/ESL programs; and administrators and any personnel who observe and evaluate teachers of ELLs,” and “appropriate assessments” Rationale: Appropriate that personnel who observe and evaluate teachers of ELLs are aware of the language objectives and activities required to develop the content and linguistic abilities of ELLs.

Amendments to Second Discussion Level N.J.A.C. 6A:15-1.13(a) Notification Current rule: Districts must notify parents of their child’s eligibility for enrollment in a bilingual, ESL or English language services program. Added: Requirement that the notification occur “within 30 days” of the child being identified for as eligible for enrollment. Specific information that the notification must contain including why the student was identified, method of instruction, how the program will meet the student’s needs and the exit criteria. Rationale: Timely notification and complete information is critical to a parents’ ongoing participation in their child’s success. Specifying the content of the letter will result in a consistent and comprehensive message to all parents of ELLs in the State.

Notification - Required Components Why the student was identified as an ELL; Why the student needs to be placed in a language instructional educational program that will help the student develop and attain English proficiency and meet state standards; The student’s level of English proficiency, how such level was assessed, and the student’s academic level; The method of instruction that the school district will use to serve the student, including a description of other methods of instruction available and how those methods differ in content, instructional goals, and the use of English and a native language, if applicable; How the program will meet the specific needs of the student in attaining English and meeting state standards; The program's exit requirements, the expected rate of transition into a classroom not tailored for ELLs, and, in the case of high school students, the expected rate of graduation; and How the instructional program will meet the objectives of the individualized education program of a student with a disability.