R 2423  BILINGUAL EDUCATION 
A.    	Definitions – N.J.A.C. 6A:15-1.2
 
	1.     	“Alternate English language proficiency assessment” (alternate 			ELP assessment) means a New Jersey Department of 				Education (Department)-approved assessment for students 				with the most significant cognitive disabilities that assesses a 			student’s English language proficiency (ELP) on the four 				domains of listening, speaking, reading, and writing, and that 			is aligned with the English Language Development (ELD) 				standards and the Individuals with Disabilities Education Act 			(IDEA).
 
	2.     	“Bilingual education program” means a full-time language 				instruction educational program (LIEP) in all courses or 				subjects provided in accordance with N.J.S.A. 18A:35-18.  				Students in a bilingual education program receive instruction 			in the primary language of multilingual learners (ML) enrolled 			in the program and in English, while also receiving English as 			a second language (ESL) instruction. Educators use the 				primary language of instruction to enhance literacy in the 				primary language and as a support in the development of 				listening, speaking, reading, and writing skills in English.  				Students also receive instruction in the history and culture of 			the country, territory, or geographic area that is the native 				land of the parents and families of MLs enrolled in the 				program, and in the history and culture of the United States.
 
	3.     	“Bilingual part-time program” means an instructional 				program alternative in which students receive their academic 			content area classes in English language arts (ELA) and 				mathematics instruction with a certified bilingual teacher who 			provides instruction in the primary language of the MLs in the 			program, as well as ESL instruction.
		 
	4.     	“Bilingual resource program” means an instructional program 			alternative in which students receive instruction and resources 			that are individualized for each student, daily instruction from 			a certified bilingual teacher in academic content areas as 				identified by the school district, as well as ESL instruction.
 
	5.     	“Bilingual tutorial program” means an instructional program 			alternative in which students receive one period of instruction 			from a certified bilingual teacher in an academic content area 			required for graduation, a second period of tutoring in another 			required content area, as well as ESL instruction.
 
	6.     	“Class period” means the time allocated for instruction in 				academic content areas as part of the regular school schedule 			for each day in session as set forth at N.J.A.C. 6A:32-8.3.  In a 			block schedule, weekly instruction is equivalent to one class 			period for each day of school in a given week.
 
	7.     	“Cut score” means the same as that term is defined pursuant 			to N.J.A.C. 6A:8-1.3.
 
	8.     	“Dual language immersion program” means, for the purpose 			of meeting the LIEP requirements at N.J.S.A. 18A:35-18 and 			N.J.A.C. 6A:15, a full-time LIEP that provides students 				structured English language instruction and instruction in a 				second language in all academic content areas. MLs in the 				program receive instruction in their primary language, as well 			as ESL instruction.  A dual language immersion program 				provides daily instruction in English and a minimum of fifty 			percent of instruction in the primary language of enrolled 				MLs. A dual language immersion program that is designed to 			support MLs is sometimes referred to as a two-way bilingual 			education program.
 
	9.     	“Early Language Development Standards” means the 				preschool English language development standards for 				preschool students developed by WIDA.  The standards 				correspond to five domains of children’s development and 				learning: approaches to learning, language and communication 			development, cognition and general knowledge, physical 				well-being and motor development, and social and emotional 			development. The standards incorporated herein by reference, 			are published by the Board of Regents of the University of 				Wisconsin System, on behalf of the WIDA Consortium and are 			available at https://wida.wisc.edu/teach/early.
 
	10.   	“Educational activities and programs” means the same as that 			term is defined pursuant to N.J.A.C. 6A:7-1.3.

	11.   	“Educational equity” means the same as that term is defined 			pursuant to N.J.A.C. 6A:7-1.3.
 
	12.   	“Educational needs” means the particular educational 				requirements of MLs; the fulfillment of which will provide 				them with equal educational opportunities.
 
	13.   	“English as a second language (ESL) program” means a daily 			class period of second-language acquisition instruction within a 			LIEP and based on a student’s English language proficiency 			that teaches the English language development standards and 			incorporates the cultural aspects of the students’ experiences in 			their ESL instruction.
 
	14.   	“English language development standards” or “ELD 				standards” means the 2020 Amplification of the English 				Language Development Standards, Kindergarten – Grade 12 			incorporated herein by reference, as amended and 					supplemented, developed by WIDA. They are the standards 			and language competencies in listening, speaking, reading, and 			writing that MLs in preschool programs, and elementary and 			secondary schools, need to become fully proficient in English 			and to have unrestricted access to  grade-appropriate 				instruction in challenging academic content areas.  The 				standards are a version of ELA that have been crafted to 				address the specific developmental stages of students learning 			English.  The standards are published by the Board of Regents 			of the University of Wisconsin System, on behalf of the             			WIDA Consortium (www.wida.us) and are available for                   		review at 			        
	https://wida.wisc.edu/sites/default/files/resource/WIDA-ELD-Standards-Framework-2020.pdf.
 
	15.   	“English language proficiency assessment” or “ELP 				assessment” means a Department-approved assessment that 			evaluates a student’s English language proficiency on the four 			domains of listening, speaking, reading, and writing, and that 			is aligned with the ELD standards.
 
	16.   	“English language services” means services designed to 				improve the English language skills of MLs. The services, 				provided in school districts with less than ten MLs in 				Kindergarten through twelfth-grade, are part of the regular 				school program and are designed to develop proficiency in the 			ELD standards.
 
	17.   	“Equal educational opportunity” means the same as that term 			is defined pursuant to N.J.A.C. 6A:7-1.3.
 
	18.   	“Exit criteria” means the criteria that must be applied before a 			student may be exited from a LIEP.
 
	19.   	“High-intensity ESL program” means an instructional 				program alternative in which students receive two or more 				class periods each day in session of ESL instruction.  One 				period is the standard ESL class, and the other period is a 				tutorial or ESL reading class.
 
	20.   	“Instructional program alternative” means a LIEP, other than 			bilingual education and/or dual language immersion, that may 			be established by the Board of Education in consultation with, 			and approval of, the New Jersey Department of Education 				through a waiver request pursuant to N.J.S.A. 18A:35-18.  All 			students in an instructional program alternative receive an 				ESL class period each day in session.
 
	21.   	“Language instruction educational program” or “LIEP” 				means the program of services in which a ML receives 				instruction and support to develop and attain English language 			proficiency while meeting or exceeding the New Jersey Student 			Learning Standards (NJSLS) in academic content areas. MLs 			in a LIEP develop proficiency in the English language while 			they develop skills and knowledge within the academic content 			areas.  A LIEP includes the services that all MLs are entitled to 			receive, pursuant to N.J.S.A. 18A:35-16 and N.J.A.C. 				6A:15. LIEP includes “programs of bilingual education,” 				pursuant to N.J.S.A. 18A:35-16, and “instructional 					alternative programs,” pursuant to N.J.S.A. 18A:35-18.
 
	22.   	“Multicultural curriculum” means the same as that term is 				defined pursuant to N.J.A.C. 6A:7.
 
	23.   	“Multilingual learner” or “ML” means a student whose 				primary language is not English, who is identified through the 			process set forth in N.J.A.C. 6A:15, and who is developing 				proficiency in multiple languages (e.g., English and a primary 			language). The term is synonymous with “English learner” or 			“English language learner”.

	24.   	“Newcomer” means any student born outside of the United 				States who has recently arrived in the United States.  				Newcomer is an umbrella term that includes a heterogenous 			group of immigrants; some newcomers may also be MLs or 			students with interrupted formal education (SIFE).
 
	25.   	“NJSLS” means the New Jersey Student Learning Standards 			as defined at N.J.A.C. 6A:8-1.3.
 
	26.   	“Parent(s)” means the natural or adoptive parent, legal 				guardian, surrogate parent appointed pursuant to N.J.A.C. 				6A:14-2.2, or a person acting in the place of a parent (such as a 			grandparent or stepparent with whom the student lives or a 				person legally responsible for the student’s welfare).  Unless 			parental rights have been terminated by a court of appropriate 			jurisdiction, the parent retains all rights pursuant to N.J.A.C. 			6A:32. In addition, a resource family parent may act as a 				parent pursuant to N.J.A.C. 6A:32 if the parent’s authority to 			make education decisions on the student’s behalf has been 				terminated by a court of appropriate jurisdiction.
 
	27.   	“Primary language” means the language or mode of 					communication in which a ML is most fluent or speaks more 			regularly than any other language.  In the case of a student, the 			primary language is the language normally used by the 				student’s parent.
 
	28.   	“Sheltered English instruction” means an instructional 				program alternative to make academic instruction in English 			understandable to MLs.  Sheltered English classes are taught 			by classroom teachers who deliver instruction in English, may 			not hold a bilingual/ESL endorsement, but have received 				training on strategies for instructional adaptation, pursuant to 			N.J.A.C.      6A:8-1.3, to make academic content areas 				comprehensible for MLs.
 
	29.   	“State Seal of Biliteracy” means a recognition awarded 				pursuant to N.J.A.C. 6A:8-5.3.
 
	30.   	“Statewide home-language survey” or “Statewide HLS” means 			a standardized questionnaire developed by the Department for 			school districts to use to help identify which students are 				potential MLs and which students will require a record review 			and an ELP assessment to determine whether they are eligible 			for placement in a LIEP.
 
	31.   	“Student with interrupted formal education” or “SIFE” means 			a ML in grades four to twelve who has experienced disruptions 			in their formal education that took place outside of the United 			States.
 
B.    	Identification of Eligible Multilingual Learners – N.J.A.C. 6A:15-1.3
 
	1.     	The school district shall use, at the time of enrollment, the      			multi-step process set forth at N.J.A.C. 6A:15-1.3(a)1 through 			(a)3 and B.1.a. through B.1.c. below to identify MLs enrolled in 			the school district.
 
		a.     	The district shall administer to each student enrolled in 				the school district the Statewide HLS.  The district shall 				use the Statewide HLS to determine which students in 				preschool to twelfth-grade have a primary language(s) 				other than English and, therefore, may be a ML.  The 				Statewide HLS shall be completed, in writing, or by 				verbal interview by an individual with knowledge of the 				student, such as a parent(s), trained school district 					personnel, or a bilingual or ESL teacher;
 
		b.     	Following the administration of the Statewide HLS, the 				district shall conduct a records review process to 					determine whether the student is a ML.
 
			(1)    	The records review process may include, but is 					not limited to, reviewing available information 					about the student’s overall academic 							performance from current or prior years; 						observations of teaching staff members who have 					worked with the student; interviews with the 					student or the student’s parent or family in their 					primary language; and/or additional school 						records as needed in compliance with State and 					Federal student privacy laws; and

		c.     	The district shall then determine the English language 				proficiency of all Kindergarten to twelfth-grade 					students who are found eligible through N.J.A.C. 					6A:15-1.3(a)1 or (a)2 and B.1.a. or B.1.b. above and 				whose primary language is other than English by 					administering an ELP assessment. Students who do 					not meet the Department-established cut score on 					the ELP assessment shall be considered MLs and shall 				be offered entry into the district’s LIEP.
 
			(1)    	Preschool students who are identified, pursuant 					to the processes set forth at N.J.A.C. 							6A:15-1.3(a)1 and (a)2 and B.1.a. and B.1.b. 					above, as having a primary language other than 					English shall be identified as MLs. Prior to the 					start of their Kindergarten year, the district shall 					administer an ELP assessment to preschool MLs 					as part of the screener process to determine the 					ML’s English language proficiency level.
 
			(2)    	The district shall also use age-appropriate 						methodologies to identify preschool MLs to 						determine their individual language development 					needs.
	 
	2.     	The district shall maintain a roster indicating all identified 				students whose primary language is other than English and 				who are MLs.
 
C.    	Board Requirements, Including Language Instruction Educational 			Programs for Multilingual Learners – N.J.A.C. 6A:15-1.4
 
	1.     	The district shall provide all preschool to twelfth-grade MLs 			enrolled in the school district pursuant to N.J.S.A. 18A:7F-46 			and 18A:7F-54 with equal educational opportunities and all 			educational activities and programs, including required 				courses and support services defined at N.J.A.C. 6A:15-1.4(b) 			through (e) and C.2. through C.5. below to prepare MLs to 				meet or exceed the NJSLS for high school graduation.  The 				instructional opportunities shall be designed to assist MLs to 			fully comprehend all subject matter and demonstrate their 				mastery of all NJSLS academic content areas.

		a.     	Instructional opportunities may also include 						individualized and targeted supports, as needed by 					MLs.
 
		b.     	The district shall ensure that all educational services, 				activities, and programs incorporate a linguistically and 				culturally responsive, multicultural curriculum in 					accordance with N.J.S.A. 18A:35-4.35, 18A:35-4.36, and 				18A:35-4.36a. to ensure educational equity aligned to 				the Board of Education’s Comprehensive Equity Plan, 				pursuant to N.J.A.C. 6A:7.
 
	2.     	The Board shall provide all MLs with a LIEP.
 
		a.     	The Board shall provide appropriate instructional 					programs to preschool MLs pursuant to N.J.A.C. 					6A:15-1.4(c) and C.3. below.
		b.     	Whenever there are twenty or more MLs in 						Kindergarten through twelfth-grade in any one 					language classification enrolled in the school district, a 				LIEP shall include bilingual education or dual language 				immersion programs pursuant to N.J.A.C. 6A:15-1.4(e) 				and C.5. below, unless waived pursuant to N.J.A.C. 					6A:15-1.15 and N. below.
 
		c.     	Whenever there are ten or more MLs in Kindergarten 				through twelfth-grade enrolled in the school district, an 				ESL program shall be provided.
 
		d.     	Whenever there are at least one, but fewer than ten 					MLs in Kindergarten through twelfth-grade enrolled in 				the school district, the Board shall provide the MLs 					with English language services. English language 					services shall be provided as part of the regular school 				program.
 
		e.     	Instructional program alternatives may be implemented 				pursuant to N.J.A.C. 6A:15-1.15 and N. below.
 
	3.     	The Board shall provide appropriate instructional programs to 			eligible preschool MLs based on the New Jersey Preschool 				Program Implementation Guidelines and the New Jersey 				Preschool Teaching and Learning Standards of Quality, 				pursuant to N.J.A.C. 6A:13A – Elements of High-Quality 				Preschool Programs.
 
		a.     	A program that meets the New Jersey Preschool 					Teaching and Learning Standards of Quality and is 					approved, pursuant to N.J.A.C. 6A:13A, will be 					considered a preschool LIEP.
 
	4.     	The Board shall establish bilingual education or dual language 			immersion programs whenever there are twenty or more MLs 			in any one language classification enrolled in the school district        		in Kindergarten through twelfth-grade, pursuant to N.J.S.A.    			18A:35-18. Bilingual education or dual language immersion 			programs shall:
 
		a.     	Be designed to prepare MLs to acquire sufficient 					English knowledge and skills to meet the NJSLS. All 				MLs participating in bilingual and dual language 					immersion programs shall also receive a class period of 				ESL instruction each day in session;
 
		b.     	Include a curriculum that is aligned to the NJSLS and 				the ELD standards and includes primary language 					instruction delivered to further master literacy in the 				primary language and as a support in the development 				of English proficiency;
 
		c.     	Include the full range of required courses and activities 				offered on the same basis and under the same rules that 				apply to all students within the school district; and
 
		d.     	Utilize a curriculum for bilingual education programs 				that is adopted by the Board.
 
	5.     	The Board shall provide at least one class period of ESL 				instruction each day in session based on a student’s English 			language level to all MLs placed in a LIEP.
 
		a.     	The Board shall develop and adopt an ESL curriculum 				that addresses the ELD standards to address the 					instructional needs of MLs.
 
		b.     	The ESL curriculum shall be cross-referenced to the 				school district’s bilingual education and academic 					content area curricula to ensure that ESL instruction is 				correlated to all academic content areas taught.

	6.     	The Board may establish dual language immersion programs 			to meet the requirement at N.J.A.C. 6A:15-1.4(b)2. and C.2.b. 			above and N.J.S.A. 18A:35-15 through 18A:35-26.
 
		a.     	Dual language immersion programs shall be designed to 				help students achieve proficiency in English and in a 				second language while mastering academic content area 				skills.
 
		b.     	Instruction shall be in all courses or subjects of study 				that allow students to meet all grade promotion and 					graduation standards.
 
		c.     	Classes in dual language immersion programs shall be 				comprised of at least fifty percent MLs.
 
		d.     	The program may be coordinated with the school 					district’s world languages program.
 
		e.     	Dual language immersion programs that are not 					established to provide the LIEP services required 					pursuant to N.J.S.A. 18A:35-15 through 18A:35-26 do 				not have to comply with the requirements of N.J.A.C. 				6A:15, Policy 2423, and this Regulation.
 
	7.     	The Board may establish a newcomer program for a limited 			duration in time to address the needs of recent immigrant 				students, particularly SIFEs, before the students transition to a 			general education classroom.  A high-quality newcomer 				program shall:
 
		a.     	Be age-appropriate;
	 
		b.     	Include content that relates to the NJSLS;
 
		c.     	Include social-emotional learning; and
 
		d.     	Include courses that are credit-bearing and count 					toward graduation pursuant to N.J.A.C. 6A:8, or 					promotion requirements to allow students to meet 					grade-level standards within a reasonable period of 					time.

	8.     	The Board shall offer sufficient courses and other relevant 				supplemental instructional opportunities in grades nine 				through twelve to enable MLs to meet or exceed the NJSLS for 			graduation.  When sufficient numbers of students are not 				available to form a bilingual class in an academic content area, 			the Board shall develop, in consultation with and approved by 			the Department, plans to meet the needs of the students.
 
	9.     	In addition to N.J.A.C. 6A:15-1.4(a) through (h) and C.1. 				through C.8. above, the Board shall design additional 				programs and services to meet the special needs of eligible 				MLs.  The additional programs and services shall include, but 			not be limited to, individualized and targeted supports through 			Title I programs; special education; career and technical 				education programs; gifted and talented education services; 			supports to help MLs earn a State Seal of Biliteracy pursuant 			to N.J.A.C. 6A:8-5.3; and individualized learning opportunities 			pursuant to N.J.A.C. 6A:8-5.1.
 
	10.   	The Board may establish a program in bilingual education or 			dual language immersion for any language classification with 			fewer than twenty students.
 
	11.   	The Board shall establish a process for how MLs in high school 			may meet the world language or ELA course graduation 				requirements, pursuant to N.J.A.C. 6A:8-5.1, by applying 				credits earned in an ESL course.  The Board shall verify on a 			student’s record that the applicable ESL credits meet or exceed 			the NJSLS at the high school level.
 
D.    	Approval Procedures – N.J.A.C. 6A:15-1.5
 
	1.     	The school district providing a LIEP shall submit a plan every 			three years to the Department for approval.
 
	2.     	The Board of Education’s LIEP plan shall demonstrate that:
 
		a.     	For Kindergarten through twelfth-grade, LIEP 					curricula include or are aligned with:
 
			(1)    	The NJSLS;
 
			(2)    	The ELD standards; and 
			(3)    	A multicultural curriculum, pursuant to N.J.S.A. 					18A:35-4.36a and N.J.A.C. 6A:7.
 
		b.     	For preschool, the ML instruction and support meets 				the language instruction requirements in the New 					Jersey Preschool Program Implementation Guidelines 				and the New Jersey Preschool Teaching and Learning 				Standards of Quality, pursuant to N.J.A.C. 6A:13A and 				the curricula include or are aligned with:
 
			(1)    	The NJSLS;
 
			(2)    	The ELD standards for preschool; and
 
			(3)    	A multicultural curriculum, pursuant to N.J.S.A. 					18A:35-4.36a and N.J.A.C. 6A:7.
 
		c.     	MLs have equitable access to educational activities and 				programs in a manner aligned to the Board’s 					Comprehensive Equity Plan, pursuant to N.J.A.C. 6A:7.
 
		d.     	School district staff engage in ongoing and continuous 				program evaluations that shall include regular reviews 				of student performance data (for example, graduation 				rates and assessment results) and other measures (for 				example, absenteeism, disciplinary records, and course 				enrollment) to evaluate whether MLs in the district 					have equitable access to educational opportunities, 					including, but not limited to, gifted and talented 					programs; advanced coursework and dual enrollment; 				work-based learning opportunities; extra-curricular 					activities; and career counseling.
 
		e.     	Preschool students participate in instructional activities 				pursuant to N.J.A.C. 6A:13A.
 
		f.      	Bilingual and dual language immersion programs 					promote bilingualism, biliteracy, cross-cultural 					competency, high levels of academic achievement in 				both languages, and a path, if available, toward 					attaining the State Seal of Biliteracy.
 
	3.     	The Board’s LIEP plan submitted to the Department for 				approval shall include information on the following:
 
		a.     	Identification of MLs in preschool through 						twelfth-grade;
 
		b.     	LIEP description;
 
		c.     	The number of staff hired for the LIEP by certificate 				type;
 
		d.     	Bilingual and ESL curriculum;
 
		e.     	Evaluation design;
 
		f.      	Review process for a student’s exit from ML status; and
 
		g.     	A budget for all components of the LIEP.
 
	4.     	The Department will review the plan to ensure the Board has a 			system of support for all MLs that is aligned to N.J.A.C. 6A:15, 			Policy 2423, and this Regulation.  The Department may 				request modifications of the plan, as appropriate, and shall 				determine whether to approve the Board’s plan.
 
E.     	Supportive Services – N.J.A.C. 6A:15-1.6
 
	1.     	Students enrolled in a LIEP shall have equal educational 				opportunities, including full access to educational 					opportunities and services available to other students in the 				district.

	2.     	The school district shall provide MLs with linguistically and 			culturally responsive supportive services, such as academic 				counseling; tutoring; career guidance; and mental health 				counseling. Bilingual personnel who are trained in                 			social-emotional learning and are familiar with and 					knowledgeable about the unique assets and needs of the MLs, 			including newcomers and SIFEs, and their parents, shall 				provide the services.
 
F.     	Professional Development – N.J.A.C. 6A:15-1.7
 
	1.     	As part of the district- and school-level plans for professional 			development requirements at N.J.A.C. 6A:9C-4.2, the Board of 			Education shall describe professional learning for bilingual, 			ESL, and academic content teachers whose classroom 				instruction is in English; administrators who supervise 				bilingual/ESL programs; and administrators and any 				personnel who observe and evaluate teachers of MLs.
 
	2.     	The district- and school-level professional development plan 			shall:
 
		a.     	Include instructional adaptational strategies, pursuant 				to N.J.A.C. 6A:8-3.1, and training on appropriate 					assessments to help MLs meet the NJSLS and the ELD 				standards;
 
		b.     	Address the needs of bilingual and ESL teachers, who 				shall receive training in the use of the ESL curriculum 				and the ELD standards; and
 
		c.     	Ensure all teachers receive training on the ELD 					standards and how to provide linguistically and 					culturally accessible instruction and appropriate 					modifications and accommodations for MLs.
 
G.    	Certification – N.J.A.C. 6A:15-1.8
 
	1.     	All teachers of bilingual programs shall hold a valid New 				Jersey instructional certificate with an endorsement for the 				appropriate grade level and/or academic content area and a 				standard certificate with a bilingual/bicultural education 				endorsement, pursuant to N.J.S.A. 18A:6-38 et seq., N.J.S.A. 			18A:35-15 to 26, and N.J.A.C. 6A:9B-11.5.

	2.     	Dual language immersion programs, for the purpose of 				meeting the LIEP requirements at N.J.S.A. 18A:35-18; 				N.J.A.C. 6A:15; Policy 2423; and this Regulation may be 				taught by one or more teaching staff members.  In these dual 			language immersion programs, the following endorsements to 			an instructional certificate shall be fulfilled by one or more 				teaching staff members:
 
		a.     	An endorsement for the appropriate grade level and/or 				academic content area being taught; and
 
		b.     	An endorsement in bilingual/bicultural education or 					world languages.
 
			(1)    	A teaching staff member of a language other 					than English has demonstrated linguistic 						competence in the language of their instruction, 					pursuant to N.J.A.C. 6A:9B-10.5 or 11.5(a)2.
 
	3.     	All teaching staff members of ESL classes shall hold a valid 			New Jersey instructional certificate with an ESL endorsement, 			pursuant to N.J.S.A. 18A:6-38 et seq. and N.J.A.C. 6A:9B-11.6.
 
	4.     	All teaching staff members providing English language 				services shall hold a valid New Jersey instructional certificate.
 
H.    	Language Instruction Educational Program Placement, Assessment, 		Exit, and Reentry – N.J.A.C. 6A:15-1.9
 
	1.     	All MLs from Kindergarten through twelfth-grade shall be 				enrolled in a LIEP established by the Board of Education in 			accordance with N.J.A.C. 6A:15-1.4(b) through (f) and C.2. 			through C.6. above, N.J.A.C. 6A:15-1.15(a) and N.1. below, 			and N.J.S.A. 18A:35-18 and N.J.S.A. 18A:35-22.
 
	2.     	Students identified as MLs shall be assessed annually using 			ELP assessments to measure the progress toward English 				language proficiency and to determine readiness for exiting the 			LIEP.  Students who meet the criteria for Statewide alternate 			assessments, pursuant to N.J.A.C. 6A:14-4.10(a)2, shall be 				assessed annually using an alternate ELP assessment.

	3.     	A ML enrolled in the LIEP shall be placed in a classroom(s) 			where the primary language of instruction is English when the 			ML has demonstrated readiness to exit a LIEP first by 				achieving the Department-established cut score on an ELP or 			alternate ELP assessment.  The student’s readiness shall be 				further assessed by the use of a Department-established 				English language observation form that considers, at a 				minimum:  classroom performance; the student’s reading level 			in English; the observations of the teaching staff members 				responsible for the educational program of the student; and 				performance on achievement tests in English.
 
		a.     	Pursuant to 34 CFR §200.6(h)(4)(ii), a ML with a 					disability whose disability makes it impossible for the 				student to be assessed in a particular domain because 				there are no appropriate accommodations for assessing 				the student in that domain may be exited from ML 					status based on the student meeting the 						Department-determined cut score on the remaining 					domains in which the student was assessed.
 
	4.     	When the review process for exiting a student from a LIEP         			has been completed, the district shall notify, by written 				communication, the student’s parent of the placement 				determination.  If the parent or a teaching staff member 				disagrees with the student’s placement, the parent or teaching 			staff member may appeal the placement to the Commissioner 			of Education, pursuant to N.J.S.A. 18A:6-9 and N.J.A.C. 6A:3, 			after exhausting the school district’s appeal process.
 
	5.     	A parent may remove a student who is enrolled in a LIEP 				pursuant to N.J.S.A. 18A:35-22.1.
 
		a.     	A student who is identified as a ML and whose parent 				refuses placement in a LIEP shall still access and meet 				the academic expectations of the NJSLS.  Pursuant to 				N.J.A.C. 6A:8, N.J.A.C. 6A:15-1.6, and E. above, the 				district shall ensure that students whose parents refuse 				placement are provided the appropriate instructional 				adaptations and appropriate assessment modifications 				and accommodations for Statewide assessments.

	6.     	The district shall monitor, for a minimum of two years, the 				academic progress of students who are exited from a LIEP to 			ensure that the students are continually meeting or exceeding 			the NJSLS when the curriculum and instruction are delivered 			in English.
 
	7.     	Newly exited students who are not academically progressing in 			classes where English is the primary language of instruction 			may be considered for reentry to a LIEP as follows:
 
		a.     	After a minimum of one-half an academic year and 					within two years of exit, the teaching staff member 					delivering instruction in English may recommend 					retesting with the approval of the Principal.
 
		b.     	A waiver of the minimum time limitation may be 					approved by the Executive County Superintendent 					upon request of the Superintendent if the student is 					experiencing extreme difficulty in adjusting to classes 				where English is the primary language of instruction.
 
		c.     	The recommendation for retesting shall be based on the 				teaching staff member’s documented observation of a 				student’s academic performance and data-based 					determination that the student is experiencing 					difficulties due to problems in using the English 					language to communicate effectively with peers and 				adults; understand directions given by the teaching staff 				member; and/or comprehend basic verbal and written 				materials.
 
		d.     	The student shall be tested using a different form of the 				English language proficiency assessment than the one 				used to exit the student from the LIEP.
 
		e.     	If the student scores below the Department-determined 				cut score on the English language proficiency 					assessment, the student shall be re enrolled into a LIEP.

I.      	Graduation Requirements for Multilingual Learners – N.J.A.C. 			6A:15-1.10
 
	All MLs shall satisfy requirements for high school graduation 			pursuant to N.J.A.C. 6A:8-5.1(a).
 
J.      	Location – N.J.A.C. 6A:15-1.11
 
	1.     	All Kindergarten through twelfth-grade LIEPs shall be 				conducted within classrooms within the school district 				pursuant to N.J.S.A. 18A:35-20, except under the following 			circumstances:
 
		a.     	A LIEP is conducted in another school district as part 				of a joint program, pursuant to N.J.A.C. 6A:15-1.13 and 				L. below; or
 
		b.     	A ML’s individualized learning opportunity, pursuant 				to N.J.A.C. 6A:8-5.1(a)2, occurs outside of the school 				district’s classrooms.
 
K.    	Notification – N.J.A.C. 6A:15-1.12
 
	1.     	The district shall notify, by written communication, the parent 			of a ML of the fact that their child has been identified as 				eligible for placement in a LIEP.
 
		a.     	The district shall issue the notification within thirty 					calendar days of the start of the school year.
 
		b.     	For a student who enrolls after the beginning of the 					school year, the district shall issue the notification 					within fourteen calendar days of the student being 					placed in a LIEP.
	2.     	The notice shall be in writing and in the language in which the 			parent possesses a primary speaking ability, and in English, 			and shall include the following information:
 
		a.     	Why the student was identified as a ML;

		b.     	Why the school district determined the student needs to 				be placed in a LIEP that will help the student develop 				and attain English proficiency and meet the NJSLS;
 
		c.     	The student’s level of English language proficiency, how 				the level of English language proficiency was assessed, 				and the student’s performance in academic content 					areas;
 
		d.     	The method of instruction the school district will use to 				serve the student, including a description of other 					instruction methods available and how those methods 				differ in content, instructional goals, and the use of 					English and a primary language, if applicable;
 
		e.     	How the program will meet the student’s specific needs 				in attaining English language proficiency and meeting 				or exceeding the NJSLS;
 
		f.      	The program’s exit requirements, the expected amount 				of time that the ML will need to successfully achieve in 				classrooms where the language of instruction is English, 				and, in the case of high school students, the expected 				rate of graduation;
 
		g.     	How the LIEP will meet the objectives of the 					individualized education program of a student with a 				disability; and
 
		h.     	A statement that the parent may decline the child’s 					enrollment in a LIEP, and that the parent shall be given 				an opportunity to do so or to select a different type of 				LIEP service available at the child’s school.
 	3.     	The district shall send progress reports to the parents of 				students enrolled in a LIEP in the same manner and frequency 			as progress reports are sent to the parent of other students 				enrolled in the school district.
 
	4.     	Progress reports shall be written in English and in the primary 			language spoken by the parent of students enrolled in the 				LIEP.	

	5.     	The district shall notify the parent when the student meets the 			exit criteria and is placed in a monolingual English program. 			The notice shall be in English and in the language in which the 			parent possesses a primary speaking ability.
 
L.     	Joint Programs – N.J.A.C. 6A:15-1.13
 
	1.     	With approval of the Executive County Superintendent on a    			case-by-case basis, the Board of Education may join with 				another district Board to provide:
 
		a.     	A LIEP; and
 
		b.     	An individualized learning opportunity, pursuant to 					N.J.A.C. 6A:8-5.1(a)2, to a ML who chooses to utilize it 				to meet the 120-credit graduation requirement, in whole 				or in part.
 
M.    	Parental and Family Engagement – N.J.A.C. 6A:15-1.14
 
	1.     	The Superintendent or designee shall provide for the 				maximum practicable engagement of the parent of MLs in the 			development and review of program objectives and 					dissemination of information to and from the Boards of 				Education and communities served by the LIEP.
 
		a.     	This duty includes ensuring all information regarding a 				ML’s educational experience is available in the language 				in which the parent possesses a primary speaking 					ability, and in English.  This information includes, but it 				not limited to: district- and school-level policies; 					invitational letters regarding school or district 					programs; information regarding student discipline 					policies and procedures; registration and enrollment; 				report cards; requests for parent permission for student 				participation in district or school activities; 						parent-teacher conferences; parent handbooks; and 					gifted and talented programs.
 
	2.     	With the exception of a Board implementing an English 				language services or ESL program, each Board implementing 			a LIEP shall establish a parent advisory committee on 				bilingual education of which the majority membership shall be 			the parents of MLs.

N.    	Waiver Process Provided by Statute – N.J.A.C. 6A:15-1.15
 
	1.     	A school district that has twenty or more students eligible for 			the bilingual education program in Kindergarten through 				twelfth-grade may request annual approval from the 				Department to waive the requirement at N.J.A.C. 6A:15-1.4(d) 			and C.4. above and, instead, to establish an instructional 				program alternative if the school district is able to demonstrate 			that it would be impractical to provide a full-time bilingual 				program due to the age range, grade span, and/or geographic 			location of eligible students.
 
		a.     	Instructional program alternatives that shall be 					established include, but are not limited to:  the bilingual 				part-time program; the bilingual resource program; the 				bilingual tutorial program; the sheltered English 					instruction program; and the high-intensity ESL 					program.
 
		b.     	All instructional program alternatives shall be designed 				to assist MLs to develop English language proficiency 				while learning the knowledge and skills for academic 				content areas to meet or exceed the NJSLS.
 
		c.     	Instructional program alternatives shall be developed in 				consultation with the Department based on student 					enrollment and achievement data.
 		d.     	A Board of Education implementing instructional 					program alternatives annually shall submit to the 					Department student enrollment and achievement data 				that demonstrate the continued need for the programs.
 
		e.     	Instructional program alternatives shall be approved 				annually by the Department based on the Department’s 				review of student enrollment and achievement data.

Date Issued:	2/24/1997
Date Revised:2/22/2010, 2/21/17, 1/24/23, 4/30/24