Section 228.30  Establishment of Programs

a)         Administrative Provisions

1)         Program Facilities – Other than for preschool education programs, TBE and TPI programs shall be located in regular public school facilities rather than in separate facilities. (Section 14C-6 of the School Code [105 ILCS 5/14C-6])  If such a location is not feasible, the substitute location shall be comparable to those made available to a majority of the district's students with respect to space and equipment.  If housed in a facility other than a public school (including a charter school), the school district shall provide a written explanation in its annual application to the State Superintendent of Education as to why the use of a public school building is not feasible.

2)         Course Credit – Students enrolled in approved programs shall receive full credit for courses taken in these programs, which shall count toward promotion and fulfillment of district graduation requirements.  Courses in ESL shall count toward English requirements for graduation.  Students who change attendance centers or school districts shall do so without loss of credit for coursework completed in the program.

3)         Extracurricular Activities – Each district shall ensure that students enrolled in programs shall have the opportunity to participate fully in the extracurricular activities of the public schools in the district.  (Section 14C-7 of the School Code [105 ILCS 5/14C-7])

4)         Inclusion of Students Whose First or Home Language is English – Students whose first or home language is English may be included in a program under this Part provided that all students of limited English proficiency are served.

5)         Joint Programs – A school district may join with one or more other school districts to provide joint programs or services in accordance with the provisions of Section 10-22.31a of the School Code [105 ILCS 5/10-22.31a].  The designated administrative agent shall adhere to the procedures contained in 23 Ill. Adm. Code 100 (Requirements for Accounting, Budgeting, Financial Reporting, and Auditing) as they pertain to cooperative agreements.

6)         Preschool and Summer School – A school district may establish preschool and summer school programs for students of limited English proficiency, or join with other school districts in establishing such programs.  Summer school programs shall not replace programs required during the regular school year.  (Section 14C-11 of the School Code [105 ILCS 5/14C-11])

A school district that offers a summer school program or preschool program shall provide transitional bilingual education programs or transitional programs of instruction for students having limited English proficiency in accordance with Article 14C and this Part.

b)         Instructional Specifications

1)         Student-Teacher Ratio – The student-teacher ratio in the ESL and home language components of programs serving students in kindergarten or any of grades 1 through 12 as of September 30 of each school year shall not exceed 90% of the average student-teacher ratio in general education classes for the same grades in that attendance center.  Decreases in the ratio for general education during the course of a school year due to students' mobility shall not require corresponding adjustments within the bilingual program.  Further, additional students may be placed into bilingual classes during the course of a school year, provided that no bilingual classroom may exhibit a student-teacher ratio that is greater than the average for general education classes in that grade and attendance center as a result of these placements.  Preschool programs established pursuant to Section 2-3.71 of the School Code [105 ILCS 5/2-3.71] that provide bilingual education services shall meet the requirements of 23 Ill. Adm. Code 235.30(d) (Early Childhood Block Grant) rather than the requirements of this subsection (b)(1).

2)         Grade-Level Placement – Students enrolled in a program of transitional bilingual education shall be placed in classes with students of approximately the same age or grade level, except as provided in subsection (b)(3) of this Section.  (Section 14C-6 of the School Code)

3)         Multilevel Grouping – If students of different age groups or educational levels are combined in the same class, the school district shall ensure that the instruction given each student is appropriate to his/her age or grade level.  (Section 14C-6 of the School Code)  Evidence of compliance with this requirement shall be:

A)        individualized instructional programs; or

B)        grouping of students for instruction according to grade level.

4)         Beginning with the 2012-13 school year, instruction in Spanish language arts, where provided under subsection (c) or (d) of this Section, shall be aligned to the standards that are appropriate to the ages or grade levels of the students served, which are set forth in the document titled "World-Class Instructional Design and Assessment:  Spanish Language Arts Standards" (2005), published by the Board of Regents of the University of Wisconsin System on behalf of the WIDA Consortium and posted at http://www.wida.us/standards/sla.aspx.  No later amendments to or editions of these standards are incorporated by this Section.

5)         Language Grouping – School districts may place students of limited English proficiency who have different home languages in the same class, provided that, in classes taught in the home language:

A)        instructional personnel or assistants representing each of the languages in the class are used; and

B)        the instructional materials are appropriate for the languages of instruction.

6)         Program Integration – In courses of subjects in which language is not essential to an understanding of the subject matter, including, but not necessarily limited to, art, music, and physical education, students of limited English proficiency shall participate fully with their English-speaking classmates.  (Section 14C-7 of the School Code)

c)         Specific Requirements for Transitional Bilingual Education (TBE) Programs

1)         Each full-time TBE program shall consist of at least the following components (Section 14C-2 of the School Code):

A)        Instruction in subjects which are either required by law (see 23 Ill. Adm. Code 1) or by the student's school district, to be given in the student's home language and in English; core subjects such as math, science and social studies must be offered in the student's home language;

B)        Instruction in the language arts in the student's home language;

C)        Instruction in English as a second language, which must align to the "English Language Proficiency Standards for English Language Learners in PreKindergarten through Grade 12" (2007), published by the Board of Regents of the University of Wisconsin System on behalf of the WIDA Consortium and posted at http://www.wida.us/standards/elp.aspx.  No later amendments to or editions of these standards are incorporated by this Section; and

D)        Instruction in the history and culture of the country, territory, or geographic area which is the native land of the students or of their parents and in the history and culture of the United States.

2)         Programs may also include other services, modifications, or activities such as counseling, tutorial assistance, learning settings, or special instructional resources that will assist students of limited English proficiency in meeting the Illinois Learning Standards (see 23 Ill. Adm. Code 1, Appendix D) and for preschool programs established pursuant to Section 2-3.71 of the School Code and for kindergarten levels, the Illinois Early Learning Standards (see 23 Ill. Adm. Code 235, Appendix A).

3)         Students may be placed into a part-time program, or students previously placed in a full-time program may be placed in a part-time program, if an assessment of the student's English language skills has been performed in accordance with the provisions of either Section 228.15(e) or Section 228.25(b) of this Part and the assessment results indicate that the student has sufficient proficiency in English to benefit from a part-time program. 

A)        Beginning July 1, 2011, evidence of sufficient proficiency shall be achievement of the minimum score to be used for this purpose set by the State Superintendent either on the prescribed screening instrument required in Section 228.15(e) of this Part or the English language proficiency assessment required in Section 228.25(b).  The State Superintendent shall inform districts of the minimum score to be used for the prescribed screening instrument or the English language proficiency assessment, and post the minimum score on the State Board's website.  Should the minimum score be modified, the State Superintendent shall inform school districts no later than July 1 of the scores to be used and modify the State Board's website accordingly.

B)        Preschool programs shall use as evidence of sufficient proficiency either a minimum score for an established screening instrument or a minimum level of performance documented through established screening procedures.

C)        District staff also shall consider the student's score and his or her proficiency in the home language; prior performance, if any, in coursework taught exclusively in English; current academic performance; and other relevant factors such as age, disability, and cultural background in order to determine whether a full-time or a part-time program is appropriate.

4)         A part-time program shall consist of components of a full-time program that are selected for a particular student based upon an assessment of the student's educational needs.  Each student's part-time program shall provide daily instruction in English and in the student's home language as determined by the student's needs.

5)         Parent and Community Participation – Each district or cooperative shall establish a parent advisory committee consisting of parents, legal guardians, transitional bilingual education teachers, counselors, and community leaders.  This committee shall participate in the planning, operation, and evaluation of programs.  The majority of committee members shall be parents or legal guardians of students enrolled in these programs.  Membership on this committee shall be representative of the languages served in programs to the extent possible. (Section 14C-10 of the School Code [105 ILCS 5/14C-10])

A)        The committee shall:

i)          meet at least four times per year;

ii)         maintain on file with the school district minutes of these meetings; and

iii)         review the district's annual program application to the State Superintendent of Education.

B)        Each district or cooperative shall ensure that training is provided annually to the members of its parent advisory committee.  This training shall be conducted in language that the parent members can understand and shall encompass, but need not be limited to, information related to instructional approaches and methods in bilingual education; the provisions of State and federal law related to students' participation and parents' rights; and accountability measures relevant to students in bilingual programs.

d)         Specific Requirements for Transitional Program of Instruction (TPI)

1)         Program Structure – The level of a student's proficiency in English, as determined by an individual assessment of the student's language skills on the basis of either the prescribed screening instrument or procedures, as applicable, required in Section 228.15(e) of this Part or the English language proficiency assessment required in Section 228.25(b) of this Part in conjunction with other information available to the district regarding the student's level of literacy in his or her home language, will determine the structure of the student's instructional program.

2)         Program Components – A transitional program of instruction must include instruction or other assistance in the student's home language to the extent necessary, as determined by the district on the basis of the prescribed screening instrument or procedures, as applicable required in Section 228.15(e) of this Part or the English language proficiency assessment required in Section 228.25(b) of this Part, to enable the student to keep pace with his/her age or grade peers in achievement in the core academic content areas.  A transitional program of instruction may include, but is not limited to, the following components:

A)        instruction in ESL, which must align to the "English Language Proficiency Standards for English Language Learners in PreKindergarten through Grade 12" (2007), published by the Board of Regents of the University of Wisconsin System on behalf of the WIDA Consortium and posted at http://www.wida.us/standards/elp.aspx.  No later amendments to or editions of these standards are incorporated by this Section;

B)        language arts in the students' home language; and

C)        instruction in the history and culture of the country, territory, or geographic area that is the native land of the students or of their parents and in the history and culture of the United States.

(Source:  Amended at 34 Ill. Reg. 11581, effective July 26, 2010)