Illinois Compiled Statutes
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SCHOOLS105 ILCS 5/Art. 14C
(105 ILCS 5/) School Code.
(105 ILCS 5/Art. 14C heading)
TRANSITIONAL BILINGUAL EDUCATION
105 ILCS 5/14C-1
(105 ILCS 5/14C-1)
(from Ch. 122, par. 14C-1)
The General Assembly finds that there are large numbers of children in
this State who come from environments where the primary language is other
than English. Experience has shown that public school classes in which
instruction is given only in English are often inadequate for the education
of children whose native tongue is another language. The General Assembly
believes that a program of transitional bilingual education can meet the
needs of these children and facilitate their integration into the regular
public school curriculum. Therefore, pursuant to the policy of this State
to insure equal educational opportunity to every child, and in recognition
of the educational needs of children of limited English-speaking ability, it is the purpose of this Act to provide for the establishment of
transitional bilingual education programs in the public schools, to
provide supplemental financial assistance to help local school districts
meet the extra costs of such programs, and to allow this State to directly or indirectly provide technical assistance and professional development to support transitional bilingual education programs statewide.
(Source: P.A. 96-1423, eff. 8-3-10.)
105 ILCS 5/14C-2
(105 ILCS 5/14C-2)
(from Ch. 122, par. 14C-2)
Unless the context indicates otherwise, the terms used in this
Article have the following meanings:
(a) "State Board" means the State Board of Education.
(b) "Certification Board" means the State Teacher Certification
(c) "School District" means any school district established under
(d) "Children of limited English-speaking ability" means (1)
all children in grades pre-K through 12 who were not born in the United States, whose native tongue is a
language other than English, and who are incapable of performing ordinary
classwork in English; and (2) all children in grades pre-K through 12 who were born in the United
States of parents possessing no or limited English-speaking ability and
who are incapable of performing ordinary classwork in English.
(e) "Teacher of transitional bilingual education" means a teacher
with a speaking and reading ability in a language other than English in
which transitional bilingual education is offered and with communicative
skills in English.
(f) "Program in transitional bilingual education" means a full-time
program of instruction (1) in all those courses or subjects which a
child is required by law to receive and which are required by the
child's school district which shall be given in the native language of
the children of limited English-speaking ability who are enrolled in the
program and also in English, (2) in the reading and writing of the
native language of the children of limited English-speaking ability who
are enrolled in the program and in the oral comprehension, speaking,
reading and writing of English, and (3) in the history and culture of
the country, territory or geographic area which is the native land of
the parents of children of limited English-speaking ability who are
enrolled in the program and in the history and culture of the United
States; or a part-time program of instruction based on the educational
needs of those children of limited English-speaking ability who do not
need a full-time program of instruction.
(Source: P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/14C-2.1
(105 ILCS 5/14C-2.1)
(Source: P.A. 78-727. Repealed by P.A. 94-1105, eff. 6-1-07.)
105 ILCS 5/14C-3
(105 ILCS 5/14C-3)
(from Ch. 122, par. 14C-3)
Language classification of children; establishment of
program; period of participation; examination.
Each school district shall ascertain, not later than the first day of
March, under regulations prescribed by the State Board, the
number of children of limited English-speaking ability within the school
district, and shall classify them according to the language of which
they possess a primary speaking ability, and their grade level, age or
When, at the beginning of any school year, there is within an
attendance center of a school district not including children who are
enrolled in existing private school systems, 20 or more children of
limited English-speaking ability in any such language classification,
the school district shall establish, for each classification, a program
in transitional bilingual education for the children therein. A school
district may establish a program in transitional
bilingual education with respect to any classification with less than 20
children therein, but should a school district decide not to establish
such a program, the school district shall provide a locally determined
transitional program of instruction which, based upon an
individual student language assessment, provides content area instruction
in a language other than English to the extent
necessary to ensure that each student can benefit from educational
instruction and achieve an early and effective transition into the regular
Every school-age child of limited English-speaking ability not
enrolled in existing private school systems shall be enrolled and
participate in the program in transitional bilingual education
established for the classification to which he belongs by the school
district in which he resides for a period of 3 years or until such time
as he achieves a level of English language skills which will enable him
to perform successfully in classes in which instruction is given only in
English, whichever shall first occur.
A child of limited English-speaking ability enrolled in a program in
transitional bilingual education may, in the discretion of the school
district and subject to the approval of the child's parent or legal
guardian, continue in that program for a period longer than 3 years.
An examination in the oral comprehension, speaking, reading and
writing of English, as prescribed by the State Board, shall
be administered annually to all children of limited English-speaking
ability enrolled and participating in a program in transitional
bilingual education. No school district shall transfer a child of
limited English-speaking ability out of a program in transitional
bilingual education prior to his third year of enrollment therein unless
the parents of the child approve the transfer in writing, and unless the
child has received a score on said examination which, in the
determination of the State Board, reflects a level of
English language skills appropriate to his or her grade level.
If later evidence suggests that a child so transferred is still
disabled by an inadequate command of English, he may be
in the program for a length of time equal to that which remained at the
time he was transferred.
(Source: P.A. 89-397, eff. 8-20-95.)
105 ILCS 5/14C-4
(105 ILCS 5/14C-4)
(from Ch. 122, par. 14C-4)
Notice of enrollment; content; rights of parents.
No later than 30 days after the beginning of the school year or
14 days after the enrollment of any child in a
transitional bilingual education during the middle of a school year, the
school district in which the child
resides shall notify by mail the parents or legal guardian of the child of
the fact that their child has been enrolled in a program in transitional
bilingual education. The notice shall contain all of the following
information in simple, nontechnical language:
(1) The reasons why the child has been placed in and
needs the services of the program.
(2) The child's level of English proficiency, how
this level was assessed, and the child's current level of academic achievement.
(3) The method of instruction used in the program and
in other available offerings of the district, including how the program differs from those other offerings in content, instructional goals, and the use of English and native language instruction.
(4) How the program will meet the educational
strengths and needs of the child.
(5) How the program will specifically help the child
to learn English and to meet academic achievement standards for grade promotion and graduation.
(6) The specific exit requirements for the program,
the expected rate of transition from the program into the regular curriculum, and the expected graduation rate for children in the program if the program is offered at the secondary level.
(7) How the program meets the objectives of the
child's individual educational program (IEP), if applicable.
(8) The right of the parents to decline to enroll the
child in the program or to choose another program or method of instruction, if available.
(9) The right of the parents to have the child
immediately removed from the program upon request.
(10) The right of the parents to visit transitional
bilingual education classes in which their child is enrolled and to come to the school for a conference to explain the nature of transitional bilingual education.
The notice shall be in writing in English and in the language of which
the child of the parents so notified possesses a primary speaking ability.
Any parent whose child has been enrolled in a program in transitional
bilingual education shall have the absolute right to immediately withdraw his
child from said program by
notice of such desire to the school authorities of the school in which his
child is enrolled or to the school district in which his child resides.
(Source: P.A. 92-604, eff. 7-1-02.)
105 ILCS 5/14C-5
(105 ILCS 5/14C-5)
(from Ch. 122, par. 14C-5)
Nonresident children; enrollment and tuition; joint programs.
A school district may allow a nonresident child of limited
English-speaking ability to enroll in or attend its program in transitional
bilingual education and the tuition for such a child shall be paid by the
district in which he resides.
Any school district may join with any other school district or districts
to provide the programs in transitional bilingual education required or
permitted by this Article.
(Source: P.A. 78-727.)
105 ILCS 5/14C-6
(105 ILCS 5/14C-6)
(from Ch. 122, par. 14C-6)
Placement of children.
Children enrolled in a program of transitional bilingual education
whenever possible shall be placed in classes with children of
approximately the same age and level of educational attainment. If
children of different age groups or educational levels are combined, the
school district so combining shall ensure that the instruction given
each child is appropriate to his or her level of educational attainment
and the school districts shall keep adequate records of the educational
level and progress of each child enrolled in a program. The maximum
student-teacher ratio shall be set by the State Board and
shall reflect the special educational needs of children enrolled in
programs in transitional bilingual education. Programs in transitional
bilingual education shall, whenever feasible, be located in the regular
public schools of the district rather than separate facilities.
(Source: P.A. 81-1508.)
105 ILCS 5/14C-7
(105 ILCS 5/14C-7)
(from Ch. 122, par. 14C-7)
Participation in extracurricular activities of public schools.
Instruction in courses of subjects included in a program of transitional
bilingual education which are not mandatory may be given in a language
other than English. In those courses or subjects in which verbalization is
not essential to an understanding of the subject matter, including but not
necessarily limited to art, music and physical education, children of
limited English-speaking ability shall participate fully with their
English-speaking contemporaries in the regular public school classes
provided for said subjects. Each school district shall ensure to children
enrolled in a program in transitional bilingual education practical and
meaningful opportunity to participate fully in the extracurricular
activities of the regular public schools in the district.
(Source: P.A. 78-727.)