52163
. Unless the context otherwise requires, the definitions set
forth in this section shall govern the construction of this article.
(a) "Basic bilingual education" is a system of instruction that
builds upon the language skills of the pupil and that consists of,
but is not limited to, all of the following:
(1) A structured English language development component with daily
instruction leading to the acquisition of English language
proficiency, including English reading and writing skills.
(2) A structured primary language component with daily basic
skills instruction in the primary language for the purpose of
sustaining achievement in basic subject areas until the transfer to
English is made.
As the pupil develops English language skills, the amount of
instruction offered through English shall increase.
(b) "Bilingual-bicultural education" is a system of instruction
that uses two languages, one of which is English, as a means of
instruction. It is a means of instruction that builds upon and
expands the existing language skills of each participating pupil,
that will enable the pupil to achieve competency in both languages.
This instruction shall include all of the following:
(1) Daily instruction in English language development that shall
include:
(A) Listening and speaking skills.
(B) Reading and writing skills; formal instruction in reading and
writing of English shall be introduced when appropriate criteria are
met.
(2) Language development in the pupil's primary language,
including oral and literacy skills.
(3) Reading in the pupil's primary language.
(4) Selected subjects taught in the pupil's primary language.
(5) Development of an understanding of the history and culture of
California and the United States, as well as an understanding of
customs and values of the cultures associated with the languages
being taught.
(c) (1) "Experimental bilingual programs" are:
(A) Innovative programs that are consistent with the provisions of
this article, the requirements for bilingual teaching personnel
pursuant to Section 52165, and the requirements for English language
and primary language development pursuant to this section. Innovative
programs may include new management approaches, greater emphasis on
team teaching, or other appropriate improvements that expand the
learning opportunities of pupils of limited English proficiency.
Unless waivers of code sections are required, project approval of the
state board is not required. A description of each innovative
program shall be included with the consolidated application for
program funding and an annual evaluation of the programs shall be
included in the multiple-funded program evaluation required pursuant
to Section 33403.
(B) Planned variation programs for the purpose of comparing and
improving language development programs for pupils of limited English
proficiency. A primary focus shall be on appropriate instruction for
pupils of limited English proficiency whose English skills are
superior to their skills in their primary language.
A focus may also be placed upon situations in which the number of
pupils who, in accordance with Section 52165, would be required to
receive instruction pursuant to subdivision (a) or (b) of Section
52163, is substantially smaller than the census indicated for the
previous year, in which case all pupils of limited English
proficiency shall receive instruction through individual learning
programs during the preparation of the district's proposal and the
consideration of the proposal by the state board. The programs shall
be authorized by the state board in up to 300 classrooms in 1982-83
and up to 700 classrooms in 1983-84 and each school year thereafter
in districts that are representative of the state both geographically
and by size. Not more than 30 classrooms in 1982-83 and 50
classrooms in 1983-84, that may or may not be in another school,
shall be approved in any one district. The programs shall not result
in segregation. For districts proposing a planned variation program,
the staffing requirements of Section 52165 may be partially or
totally waived by the state board provided that the district has an
inadequate number of certified bilingual teachers, that certified
bilingual teachers are not replaced, that present level of effort is
not reduced, and that the proposed language development program is
appropriate. For each participating classroom there shall be another
similar classroom in the district that has fully implemented and is
in compliance with the other provisions of this article.
(2) Proposals for planned variation programs shall include, but
need not be limited to:
(A) A clear statement of the purposes, goals, and objectives for
planned variation programs and projected outcomes.
(B) A delineated management, staffing, and instructional plan.
(C) Pupil identification, diagnosis, and assessment procedures.
(D) Evidence of qualified bilingual and other instructional staff
with demonstrated competence in language development, bicultural or
multicultural knowledge of participating pupils, and instructional
methodologies.
(E) Documented parent and community participation and support.
(F) Use of state and federal funding, where applicable.
(G) Evaluation component that controls for instructional
treatments, instructional engaged time, staffing, pupil language
characteristics, achievement, attendance, and related data.
(H) For purposes of this subdivision, if formal action upon a
proposal for a planned variation program is not taken by the state
board on or before the second regular meeting of the state board
following the receipt of a complete and documented proposal, the
proposal shall be deemed approved for the remainder of the school
year.
Proposals that meet the requirements of this subdivision shall be
approved by the state board in accordance with standards established
in subdivision (b) of Section 52820.
Proposals may be approved annually for a second, third, or fourth
year based upon a demonstration of compliance with planned variation
program requirements.
(3) The department shall include in its annual report to the
Legislature submitted pursuant to Sections 33405 and 52171.6 the
number and nature of experimental bilingual and planned variation
programs and progress of participating pupils.
(4) Nothing contained in this subdivision shall be construed to
permit the operation of experimental bilingual and planned variation
programs contrary to the purposes or intent of this article and other
state or federal statutes and regulations promulgated for and on
behalf of pupils of limited English proficiency. The primary goal of
all programs shall be to teach the pupil English.
(d) "Secondary level language development program" is a program in
grades 7 to 12 that provides a prescriptive English language program
that systematically develops a pupil's listening and speaking
skills, knowledge of linguistic and grammatical structure leading to
proficiency in reading and writing English. The prescriptive English
language program shall be based on the diagnosis of a pupil's
language skills pursuant to Sections 52164 and 52164.1 and shall be
conducted as an integral instructional program of English curriculum
for not less than one full period a day or its equivalent for the
purpose of providing pupils with minimum English language
competencies pursuant to subdivision (e). The primary goal of the
programs shall be to teach pupils the English language.
In addition to the prescriptive English language program required
by this subdivision, a secondary level language development program
shall provide primary language instructional support to sustain
academic achievement in nonelective content subject areas required
for high school graduation consistent with current law.
Instruction in a secondary level language development program
shall be provided either by a language development specialist, or by
a certified bilingual-crosscultural teacher, who has received the
recommendation of the local superintendent of schools verifying in
writing that the teacher is competent and qualified to teach an
English-as-a-second-language component, as measured by the district's
personnel evaluation system.
School districts offering an instructional program pursuant to
this subdivision shall not be required to provide a secondary level
individual learning program, as defined in subdivision (e), but shall
be required to maintain records documenting all parental notices and
of the continuing evaluation of pupil needs and services.
A school district may make a secondary level language development
program available to pupils enrolled in grade 6 whenever that grade
is maintained by the district in a middle school comprised of any of
grades 6, 7, 8, or 9.
(e) "Secondary level individual learning program" is an
individualized systematic program of instruction that meets the needs
of limited-English-proficient pupils and builds upon their language
skills in order to develop proficiency in English. This program shall
be offered in a manner consistent with the United States Supreme
Court decision in Lau v. Nichols (414 U.S. 563), the Equal Education
Opportunities Act of 1974 (20 U.S.C. Sec. 1701 et seq.) and federal
regulations promulgated pursuant to those court decisions and federal
statutes. The primary goal of the programs shall be to teach the
pupil English.
(f) "Elementary level individual learning program" is any program
of instruction for a pupil of limited English proficiency in which
any one of the three program options described in subdivision (a),
(b), or (c) is individualized to meet the needs of the pupil of
limited English proficiency and is offered in a manner consistent
with the requirements of this article. Instruction shall be offered
in a manner consistent with the United States Supreme Court decision
in Lau v. Nichols (414 U.S. 563), the Equal Educational Opportunities
Act of 1974 (20 U.S.C. Sec. 1701 et seq.), and federal regulations
promulgated pursuant to those court decisions and federal statutes.
The primary goal of the programs shall be to teach the pupil English.
(g) "Primary language" is a language other than English that is
the language the pupil first learned or the language that is spoken
in the pupil's home.
(h) "Bilingual-crosscultural teacher" means a person who (1) holds
a valid, regular California teaching credential and (2) holds either
a bilingual-crosscultural certificate of proficiency or other
credential in bilingual education authorized by the Commission on
Teacher Credentialing or a bilingual-crosscultural specialist
credential. The person shall be fluent in the primary language and
familiar with the cultural heritage of limited-English-proficiency
pupils in the bilingual classes he or she conducts. The person shall
have a professional demonstrated working knowledge of the
methodologies that are necessary to effectively educate those pupils.
(i) "Bilingual-crosscultural teacher aide" means an aide fluent in
both English and the primary language of the pupil or pupils of
limited English proficiency in a bilingual-bicultural program. The
aide shall be familiar with the cultural heritage of pupils of
limited English proficiency in the bilingual classes to which he or
she is assigned.
(j) "State board" means the State Board of Education.
(k) "Superintendent" means the Superintendent of Public
Instruction.
(l) "Basic skills" means language arts, including, but not limited
to, reading and writing, and mathematics.
(m) "Pupils of limited English proficiency" are pupils who do not
have the clearly developed English language skills of comprehension,
speaking, reading, and writing necessary to receive instruction only
in English at a level substantially equivalent to pupils of the same
age or grade whose primary language is English. The determination of
which pupils are pupils of limited English proficiency shall be made
in accordance with the procedures specified in Sections 52164 and
52164.1. Pupils who have no proficiency in their primary language are
not included within this definition.
(n) "Pupils of fluent English proficiency" are pupils whose
English proficiency is comparable to that of the majority of pupils,
of the same age or grade, whose primary language is English.
(o) "Department" means the State Department of Education.