(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 English learners 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 English learners 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 English learner 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.
An English learner 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 language (listening and speaking), reading, and
writing of English, as prescribed by the State Board, shall
be administered annually to all English learners enrolled and participating in a program in transitional
bilingual education. No school district shall transfer an English learner 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. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15.)
(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-13)
(from Ch. 122, par. 14C-13)
(a) There is created an Advisory Council
on Bilingual Education, consisting of 17 members appointed by the State
Superintendent of Education and selected, as nearly as possible, on the
basis of experience in or knowledge of the various programs of bilingual
education. The Council shall advise the State Superintendent on policy and
rules pertaining to bilingual education. The Council shall establish such
sub-committees as it deems appropriate to review bilingual education issues
including but not limited to certification, finance and special education.
Initial appointees shall serve terms determined by lot as follows: 6 for
one year, 6 for 2 years and 5 for 3 years. Successors shall serve 3-year
terms. Members annually shall select a chairman from among their number.
Members shall receive no compensation but may be reimbursed for necessary
expenses incurred in the performance of their duties.
By no later than December 1, 2011, the Council shall submit a report to the State Superintendent of Education, the Governor, and the General Assembly addressing, at a minimum, the following questions:
(1) whether and how the 20 child per attendance
center minimum in Section 14C-3 of this Code should be modified;
(2) whether and how educator certification
requirements in this Article 14C and applicable State Board of Education rules should be modified;
(3) whether and how bilingual education requirements
in this Article 14C and applicable State Board of Education rules should be modified to address differences between elementary and secondary schools; and
(4) whether and how to allow school districts to
administer alternative bilingual education programs instead of transitional bilingual education programs.
By no later than January 1, 2013, the Council shall submit a report to the State Superintendent of Education, the Governor, and the General Assembly addressing, at a minimum, the following questions:
(i) whether and how bilingual education programs
should be modified to be more flexible and achieve a higher success rate among Hispanic students in the classroom and on State assessments;
(ii) whether and how bilingual education programs
should be modified to increase parental involvement including the use of parent academies;
(iii) whether and how bilingual education programs
should be modified to increase cultural competency through a cultural competency program among bilingual teaching staff; and
(iv) whether and how the bilingual parent advisory
committees within school districts can be supported in order to increase the opportunities for parents to effectively express their views concerning the planning, operation, and evaluation of bilingual education programs.
(b) For the purpose of this Section:
"Parent academies" means a series of parent development opportunities delivered throughout the school year to increase parents' ability to successfully navigate the education system and monitor their children's education. Parent academies are specifically designed for parents of students who are enrolled in any of the English Language Learner programs and are to be provided after work hours in the parents' native language. At a minimum, parent academies shall allow participants to do the following:
(1) understand and use their children's standardized
tests to effectively advocate for their children's academic success;
(2) learn home strategies to increase their
children's reading proficiency;
(3) promote homework completion as a successful daily
(4) establish a positive and productive connection
with their children's schools and teachers; and
(5) build the character traits that lead to academic
success, such as responsibility, persistence, a hard-work ethic, and the ability to delay gratification.
"Cultural competency program" means a staff development opportunity to increase the school staffs' ability to meet the social, emotional, and academic needs of culturally and linguistically diverse students and, at a minimum, allows participants to do the following:
(i) discuss the impact that our constantly changing,
highly technological and globalist society is having on Illinois' public education system;
(ii) analyze international, national, State, county,
district, and local students' performance data and the achievement gaps that persistently exist between groups;
(iii) realize the benefits and challenges of reaching
proficiency in cultural competency;
(iv) engage in conversations that lead to
self-awareness and greater insight regarding diversity; and
(v) learn strategies for building student-teacher
relationships and making instruction more comprehensible and relevant for all students.
(Source: P.A. 97-305, eff. 1-1-12; 97-915, eff. 1-1-13.)