Illinois General Assembly - Full Text of SB3412
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Full Text of SB3412  98th General Assembly


Sen. Heather A. Steans

Filed: 3/18/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 3412, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
41, as follows:
5on page 1, line 5, after "13B-25.25,", by inserting "14C-2,
614C-3,"; and
7on page 9, line 21, by replacing "have" with "be an English
8language learner, referred to in this Code as a student with";
10on page 9, line 22, after "proficiency", by inserting ","; and
11on page 10, line 23, by replacing "have" with "be an English
12language learner, referred to in this Code as a student with";



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1on page 10, line 24, after "proficiency", by inserting ","; and
2on page 11, by replacing line 3 with the following:
3"be an English language learner, referred to in this Code as a
4student with limited English proficiency, shall receive
5appropriate"; and
6on page 11, line 4, after "accommodations,", by inserting
7"including language supports,"; and
8on page 11, line 5, by replacing "may" with "must"; and
9on page 11, line 7, by replacing "have" with "be an English
10language learner, referred to in this Code as a student with";
12on page 11, line 23, by replacing "comprehension" with
13"language"; and
14on page 11, by replacing lines 24 through 26 with "and
15speaking) and reading and writing skills to all children
16determined to be English language learners, referred to in
17Section 14C-3 of this Code as children with limited
18English-speaking ability."; and
19on page 24, immediately below line 20, by inserting the



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2    "(105 ILCS 5/14C-2)  (from Ch. 122, par. 14C-2)
3    Sec. 14C-2. Definitions. Unless the context indicates
4otherwise, the terms used in this Article have the following
6    (a) "State Board" means the State Board of Education.
7    (b) "Certification Board" means the State Teacher
8Certification Board.
9    (c) "School District" means any school district
10established under this Code.
11    (d) "Children of limited English-speaking ability" means
12(1) all children in grades pre-K through 12 who were not born
13in the United States, whose native tongue is a language other
14than English, and who are incapable of performing ordinary
15classwork in English; and (2) all children in grades pre-K
16through 12 who were born in the United States of parents
17possessing no or limited English-speaking ability and who are
18incapable of performing ordinary classwork in English.
19    (e) "Teacher of transitional bilingual education" means a
20teacher with a speaking and reading ability in a language other
21than English in which transitional bilingual education is
22offered and with communicative skills in English.
23    (f) "Program in transitional bilingual education" means a
24full-time program of instruction (1) in all those courses or
25subjects which a child is required by law to receive and which



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1are required by the child's school district, which shall be
2given in the native language of the children of limited
3English-speaking ability who are enrolled in the program and
4also in English, (2) in the reading and writing of the native
5language of the children of limited English-speaking ability
6who are enrolled in the program and in the oral language
7(listening and comprehension, speaking), reading, and writing
8of English, and (3) in the history and culture of the country,
9territory, or geographic area which is the native land of the
10parents of children of limited English-speaking ability who are
11enrolled in the program and in the history and culture of the
12United States; or a part-time program of instruction based on
13the educational needs of those children of limited
14English-speaking ability who do not need a full-time program of
16(Source: P.A. 95-793, eff. 1-1-09.)
17    (105 ILCS 5/14C-3)  (from Ch. 122, par. 14C-3)
18    Sec. 14C-3. Language classification of children;
19establishment of program; period of participation;
20examination. Each school district shall ascertain, not later
21than the first day of March, under regulations prescribed by
22the State Board, the number of children of limited
23English-speaking ability within the school district, and shall
24classify them according to the language of which they possess a
25primary speaking ability, and their grade level, age or



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1achievement level.
2    When, at the beginning of any school year, there is within
3an attendance center of a school district not including
4children who are enrolled in existing private school systems,
520 or more children of limited English-speaking ability in any
6such language classification, the school district shall
7establish, for each classification, a program in transitional
8bilingual education for the children therein. A school district
9may establish a program in transitional bilingual education
10with respect to any classification with less than 20 children
11therein, but should a school district decide not to establish
12such a program, the school district shall provide a locally
13determined transitional program of instruction which, based
14upon an individual student language assessment, provides
15content area instruction in a language other than English to
16the extent necessary to ensure that each student can benefit
17from educational instruction and achieve an early and effective
18transition into the regular school curriculum.
19    Every school-age child of limited English-speaking ability
20not enrolled in existing private school systems shall be
21enrolled and participate in the program in transitional
22bilingual education established for the classification to
23which he belongs by the school district in which he resides for
24a period of 3 years or until such time as he achieves a level of
25English language skills which will enable him to perform
26successfully in classes in which instruction is given only in



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1English, whichever shall first occur.
2    A child of limited English-speaking ability enrolled in a
3program in transitional bilingual education may, in the
4discretion of the school district and subject to the approval
5of the child's parent or legal guardian, continue in that
6program for a period longer than 3 years.
7    An examination in the oral language (listening and
8comprehension, speaking), reading, and writing of English, as
9prescribed by the State Board, shall be administered annually
10to all children of limited English-speaking ability enrolled
11and participating in a program in transitional bilingual
12education. No school district shall transfer a child of limited
13English-speaking ability out of a program in transitional
14bilingual education prior to his third year of enrollment
15therein unless the parents of the child approve the transfer in
16writing, and unless the child has received a score on said
17examination which, in the determination of the State Board,
18reflects a level of English language skills appropriate to his
19or her grade level.
20    If later evidence suggests that a child so transferred is
21still disabled by an inadequate command of English, he may be
22re-enrolled in the program for a length of time equal to that
23which remained at the time he was transferred.
24(Source: P.A. 89-397, eff. 8-20-95.)".