Section 228.40  Students' Participation; Records

a)         Notice of Enrollment and Withdrawal

1)         Notice of Enrollment − No later than 30 days after the beginning of the school year or 14 days after the enrollment of any student in a transitional bilingual education program in the middle of a school year, the school district shall notify by mail the parents or legal guardians of the student that their child has been enrolled in a transitional bilingual education program or a transitional program of instruction.  The notice shall be in English and in the home language of the student and shall convey, in simple, nontechnical language, all of the information called for in Section 14C-4 of the School Code [105 ILCS 5/14C-4].

2)         Withdrawal by Parents − Any parent or legal guardian whose child has been enrolled in a program shall have the absolute right to withdraw  the child from the program immediately by submitting a written notice of his or her desire to withdraw the child to the school authorities of the school in which the child is enrolled or to the school district in which the child resides.  (Section 14C-4 of the School Code)

b)         Unless terminated as set forth in subsection (a)(2) of this Section, the duration of a student's participation in a program under this Part shall be as set forth in Section 14C-3 of the School Code.

c)         Maintenance of Records and Reporting Procedures

1)         Report Cards − The school shall send progress reports to parents or legal guardians of students enrolled in programs in the same manner and with the same frequency as progress reports are sent to parents or legal guardians of other students enrolled in the school district.  These reports shall indicate the student's progress in the program and in the general program of instruction, and shall indicate when the student has successfully completed requirements for transition from the program into the general program of instruction.  Progress reports for all students enrolled in a program under this Part shall be written in English and in the student's home language unless a student's parents or legal guardian agree in writing to waive this requirement.  The parents' waiver shall be kept on file in accordance with subsection (c)(3) of this Section.

2)         Annual Student Reports − Each district must complete the Transitional Bilingual Education Annual Student Report and the Program Delivery Report provided by the State Superintendent of Education, in which information on each program and each student participating in the program is compiled.

3)         Records − School districts shall maintain records of each student enrolled in programs in the manner prescribed in 23 Ill. Adm. Code 375 (Student Records).  These records shall include program entry/exit information, annual English proficiency test scores and other student information (e.g., language, grade level, and attendance), the rationale for a student's placement into a part-time program, where applicable, including documentation of the factors indicating that a part-time program would be appropriate, and documentation of conferences and written communication with parents or legal guardians.  Parents and legal guardians of students enrolled in programs shall have access to such records, as specified in 23 Ill. Adm. Code 375.

(Source:  Amended at 30 Ill. Reg. 17434, effective October 23, 2006)