R 2423  BILINGUAL AND ESL 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-approved 		assessment for students with the most significant 		cognitive disabilities that assesses a student’s 			English language proficiency on the four domains 		of listening, speaking, reading, and writing, and 		that is aligned with the State’s academic 			achievement standards, as permitted under the 		Every Student Succeeds Act (ESSA) and the 			Individuals with Disabilities Education Act (IDEA).
 
2.   	“Bilingual education program” means a full-time 		program of instruction in all courses or subjects that 		a child is required by law or rule to receive, given in 		the native language of English language learners 		(ELLs) enrolled in the program and also in English; 		in the aural comprehension, speaking, reading, and 		writing of the native language of ELLs enrolled in the 	programs, and in the aural comprehension, 			speaking, reading, and writing of English; and in the 		history and culture of the country, territory, or 		geographic area that is the native land of the parents 		of ELLs enrolled in the program, and in the history 		and culture of the United States.
 
3.   	“Bilingual part-time component” means a program 		alternative in which students are assigned to 			mainstream English program classes, but are 			scheduled daily for their developmental reading and 		mathematics instruction with a certified bilingual 		teacher.
 
4.   	“Bilingual resource program” means a program 		alternative in which students receive, on an 			individual basis, daily instruction from a certified 		bilingual teacher in identified subjects and with 		specific assignments.

5.   	“Bilingual tutorial program” means a program 		alternative in which students receive one period of 		instruction from a certified bilingual teacher in a 		content area required for graduation and a second 		period of tutoring in other required content areas.
 
6.   	“Dual-language bilingual education program” 		means a full-time program of instruction in 			elementary and secondary schools that provides 		structured English language instruction and 			instruction in a second language in all content areas 		for ELLs and for native English speaking students 		enrolled in the program.

7.   	“Educational needs” means the particular 			educational requirements of ELLs; the fulfillment of 		which will provide them with equal educational 		opportunities.

8.   	“English as a second language (ESL) program” 		means a daily developmental second-language 		program of at least one period of instruction based 		on student language proficiency that teaches 			aural comprehension, speaking, reading, and writing 	in English using second language teaching 			techniques, and incorporates the cultural aspects of 		the student’s’ experiences in their ESL instruction.  A 	period is the time allocated in the school schedule for 	instruction in core subjects.
 
9.   	“English language development standards” means 		the 2012 Amplification of the English Language 		Development Standards, Kindergarten - Grade 12, 		incorporated herein by reference, as amended and 		supplemented, developed by the World-Class 			Instructional Design and Assessment (WIDA) 			Consortium.  They are the standards and language 		competencies ELLs 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 subjects.  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 http://www.wida.us/standards/eld.aspx.

10. 	“English language learner” or “ELL” means a 			student whose native language is other than English.  	The term refers to students with varying degrees of 		English language proficiency in any one of the 		domains of speaking, reading, writing, or listening 		and is synonymous with limited English speaking 		ability as used in N.J.S.A. 18A:35-15 to 26.
 
11.	“English language proficiency assessment” (ELP 		assessment) means a New Jersey Department of 		Education-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 State’s academic 			achievement standards as permitted under ESSA.
 
12.      “English language services” means services designed 		to improve the English language skills of ELLs.  The 		services, provided in school districts with less than 		ten ELLs, are in addition to the regular school 			program and are designed to develop aural 			comprehension, speaking, reading, and writing 		skills in English.
 
13.     “Exit criteria” means the criteria that must be 			applied before a student may be exited from a 			bilingual, ESL, or English language services 			education program.
 		14.     “High-intensity ESL program” means a program 				alternative in which students receive two or more 				class periods a day of ESL instruction.  One period is 				the standard ESL class and the other period is a 				tutorial or ESL reading class. 
15.     “Instructional program alternative” means a 			part-time program of instruction that may be 			established by a Board of Education in consultation 		with and approval of the New Jersey Department of 		Education (Department).  All students in an 			instructional program alternative receive English as 		a second language.
 
16.     “Native language” means the language or mode of 		communication normally used by a person with a 		limited ability to speak or understand the English 		language.  In the case of a student, the native 			language is the language normally used by the 		student’s parents, except that in all direct contact 		with a student, including during the evaluation of 		the child, the native language is the language 			normally used by the student in the home or in the 		learning environment.
 
17.   	“NJSLS” means the New Jersey Student Learning 		Standards as defined in N.J.A.C. 6A:8-1.3.
 
18.     “Parent(s)” for the purposes of Policy 2423 and this 		Regulation means the natural parent(s) or the 			legal guardian(s), foster parent(s), surrogate 			parent(s), or person acting in the place of a parent 		with whom the student legally resides.  When 			parents are separated or divorced, parent means the 		person(s) who has legal custody of the student, 		provided such parental rights have not been 			terminated by a court of appropriate jurisdiction.
 
19.     “Review process” means the process established by 		the Board to assess ELLs for exit from bilingual, ESL, 	or English language services programs.
 
20.     “Sheltered English instruction” means an 			instructional approach used to make academic 		instruction in English understandable to ELLs.  		Sheltered English classes are taught by regular 		classroom teachers who have received training on 		strategies to make subject-area content 			comprehensible for ELLs.
 
B.    	Identification of Eligible English Language Learners (ELLs)  	(N.J.A.C. 6A:15-1.3)
 
1.     	The district shall use a multi-step process at the 		time of enrollment to determine the native language 		of each ELL.  The district shall: 
 
a.     	Maintain a census indicating all identified 		students whose native language is 			other than English; and
 
b.     	Administer the Statewide home-language 		survey to determine which students in 			Kindergarten to grade twelve whose native 		language is other than English must be 			screened further to determine English 			language proficiency.  The Statewide 			home-language survey shall be 				administered by a bilingual/ESL or 			other certified teacher, and shall be designed 		to distinguish students who are proficient 		English speakers and need no further testing.
 
2.     	The district shall determine the English language 		proficiency of all Kindergarten to grade twelve 		students who are not screened out and whose native 		language is other than English by administering an 		English language proficiency test, assessing the level 	of reading in English, reviewing the previous 			academic performance of students, including their 		performance on standardized tests in English, and 		reviewing the input of teaching staff members 		responsible for the educational program for ELLs.  		Students who do not meet the Department standard 		on a Language proficiency test and who have at least 		one other indicator shall be considered ELLs.  The 		district shall also use age-appropriate 				methodologies to identify 	preschool ELLs to 			determine their individual 					language development needs.
 
C.    	Bilingual Programs for English Language Learners (ELLs)  		(N.J.A.C. 6A:15-1.4)
 
1.     	The Board shall provide all Kindergarten to 			grade twelve ELLs enrolled in the district 			pursuant to N.J.S.A.     18A:7F-46 	with all required 		courses and support services outlined in N.J.A.C. 		6A:15-1.4 (b) through (h) and C.2. through C.8. below 	to prepare ELLs to meet the NJSLS for high school 		graduation.  This may include tutoring, 	after-school 		programs, summer programs, and remedial services 		as needed by ELLs.  The district	shall also provide 		appropriate instructional programs to eligible 			pre-school ELLs based on need according to the New 	Jersey Preschool Program 	Implementation 			Guidelines, 2015.  The guidelines 	provide 			developmentally appropriate recommendations for 		good practice and are intended for school districts 		that provide preschool programs.
 
2.   	The Board shall establish English language services 		designed to improve the English language 			proficiency of ELLs whenever there are at least one, 		but fewer than, ten ELLs enrolled in the school 		district.  English language services shall be 			provided in addition to the regular school program.
 
3.   	The Board shall establish an ESL 	program that 		provides at least one period of ESL instruction based 		on student language proficiency 	whenever there are 		ten or more ELLs enrolled in the school district.
 
a. 	An ESL curriculum that addresses the WIDA 		English language development standards 		shall be developed and adopted by the Board 		to address the instructional needs of ELLs.
 
b.	The ESL curriculum shall be 				cross-referenced to the district’s bilingual 		education and content area curricula to ensure 	that ESL instruction is correlated to all the 		content areas taught.
 
4.   	The Board shall establish bilingual education 			programs whenever there are twenty or more ELLs 		in any one-language classification enrolled in the 		school district pursuant to N.J.S.A. 18A:35-18. 			Bilingual education programs shall:
 
a. 	Be designed to prepare ELLs to acquire 			sufficient English skills and content 			knowledge to meet the NJSLS.  All ELLs 			participating in the bilingual programs shall 		also receive ESL instruction;
 
b.	Include a curriculum that addresses the 		NJSLS, the WIDA English language 			development standards, and the use of two 		languages. The bilingual education curriculum 	shall be adopted by the Board; and
 
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.
 
5.   	ELLs shall be provided with equitable instructional 		opportunities to participate in all non-academic 		courses necessary to meet the NJSLS, including 		comprehensive health and physical education, the 		visual and performing arts, and career awareness 		programs.  The instructional opportunities shall be 		designed to assist ELLs to fully comprehend all 		subject matter and demonstrate their mastery of the 		content matter.
 
6.   	The Board shall offer sufficient courses	and 			other relevant supplemental instructional 			opportunities in grades nine through twelve to 		enable ELLs to meet the NJSLS for graduation.  When 	sufficient numbers of students are not available to 		form a bilingual class in a subject area, the Board 		shall develop plans in consultation with and 			approved by 	the Department to meet the needs of 		the students.
 
7.    	In addition to N.J.A.C. 6A:15-1.4(a) through (f) and 		C.1. through C.6. above, the Board shall design 			additional programs and services to meet the special 		needs of eligible ELLs and include, but not be limited 		to:  remedial instruction through Title I programs; 		special education; school-to-work programs; 			computer training; and gifted and talented education 	services.

8.   	The Board may establish dual-language 			bilingual education programs in its schools and may 		make provisions for the coordination of instruction 		and services with the school district’s world 			languages program.  Dual-language bilingual 			education programs shall also enroll students whose 		primary language is English, and shall be designed to 	help students achieve proficiency in English and in a 		second language while mastering subject-matter 		skills.  To the extent necessary, instruction shall be 		in all courses or subjects of study that allow students 		to meet all grade promotion and graduation 			standards.  Where possible, classes in dual-language 		bilingual programs shall be comprised of 			approximately equal numbers of ELLs and of 			students whose native language is English.
 
9.   	The Board may establish a program in 				bilingual education for any language classification 		with fewer than twenty students.
 
D.    	Waiver Process Provided by Statute  (N.J.A.C. 6A:15-1.5)
 
The school district may request a waiver from N.J.A.C. 6A:15-1.4(d) and C.4. above to establish annually an instructional program alternative with the approval of the Department when there are twenty or more students eligible for the bilingual education program in grades Kindergarten through twelve, and the school district is able to demonstrate that it would be impractical to provide a full-time bilingual program due to age range, grade span, and/or geographic location of eligible students.
 
1.     	Instructional program alternatives shall be 			developed in consultation with and approved 			annually by the Department after review of student 		enrollment and achievement data.  All bilingual 		instructional program alternatives shall be designed 		to assist ELLs to develop sufficient English skills and 		subject-matter skills to meet the NJSLS.
 
2.     	The instructional program alternatives that shall be 		established include, but are not limited to:  the 		bilingual part-time component; the bilingual 			resource program; the bilingual tutorial program; 		the sheltered English instruction program; and the 		high-intensity ESL program.
 
3.     	In the event the district implements program 			alternatives, the district shall annually submit 		student enrollment and achievement data that 		demonstrate the continued need for the programs.
 
E.     	Approval Procedures (N.J.A.C. 6A:15-1.6)
 
1.     	If the district provides a bilingual program, ESL 		program, or English language services, the district 		shall submit a plan every three years to the 			Department for approval.  At its discretion, the 		Department may request modifications, as 			appropriate. 
 
a.     	Plans submitted by the Board for approval 		shall include information on the 	following:
 
(1) 	Identification of students;
 
(2)	Program description;
 
(3)	The number of certified staff hired for 		the program;
 
(4)	Bilingual and ESL curriculum 			development;
 
(5)	Evaluation design;
 
(6) 	Review process for exit; and
 
(7) 	A budget for bilingual and ESL 			programs or English language services. 
 
F.     	Supportive Services  (N.J.A.C. 6A:15-1.7)
 
1.     	Students enrolled in bilingual, ESL, or English 			language services programs shall have full access to 		educational services available to other students in 		the school district.
 
2.     	To the extent that is administratively feasible, 		supportive services to ELLs, such as counseling, 		tutoring, and career guidance, should be provided by 		bilingual personnel who are familiar with and 			knowledgeable of the unique needs and background 		of the ELLs and their parents.
 
G.    	In-service Training (N.J.A.C. 6A:15-1.8)
 
1.     	The Board shall be develop a plan for in-service 		training for bilingual, ESL, and mainstream 			teachers; administrators who supervise 			bilingual/ESL programs; and administrators and any 	personnel who observe and evaluate teachers of 		ELLs.  The plan shall include instructional strategies 		and appropriate assessments to help ELLs meet the 		NJSLS and the WIDA English language development 		standards.  All bilingual and ESL teachers shall 		receive training in the use of the ESL curriculum.
 
2.     	The Professional Development Plan of the school 		district shall include the needs of bilingual and ESL 		teachers, which shall be addressed through 			in-service training.
 
H.    	Certification (N.J.A.C. 6A:15-1.9)

1.     	All teachers of bilingual classes shall hold a valid 		New Jersey instructional certificate with an 			endorsement for the appropriate grade level and/or 		content area, as well as an endorsement in bilingual 		education, pursuant to N.J.S.A. 18A:6-38 et seq. and 		18A:35-15 to 26.1.
 
2.     	All teachers of ESL classes shall hold a valid New 		Jersey instructional certificate in ESL pursuant to 		N.J.S.A. 18A:6-38 et seq. and N.J.A.C. 6A:9B-10.5.
 
3.     	All teachers providing English Language Services 		shall hold a valid New Jersey instructional 			certificate.
 
I.      	Bilingual, English as a Second Language, and English 		Language Services Program Enrollment, Assessment, Exit, 		and Re-entry (N.J.A.C. 6A:15-1.10)
 
1.     	All ELLs from Kindergarten through grade twelve 		shall be enrolled in the bilingual, ESL, or English 		language services education program established by 		the Board as prescribed in N.J.A.C. 6A:15-1.4(b) 		through (e) and 1.5(a), C.2. through C.5. 	and D. 		above, and P.L. 1995, c. 59 and c. 327.
 
2.     	Students enrolled in the bilingual, ESL, or English 		language services program shall be assessed 			annually using ELP assessments to determine their 		progress in achieving English language proficiency 		goals and readiness for exiting the program.  			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.     	ELLs enrolled in the bilingual, ESL, or English 			language services program shall be placed in a 		monolingual English program when they have 		demonstrated readiness to exit a bilingual, ESL, or 		ELS program through Department-established 		criteria on an ELP assessment and a 				Department-established English language 			observation form.  A first achieve the 				Department-established English proficiency 			standard as measured by an 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 judgment of the 			teaching staff member or members responsible for 		the educational program of the student; and 			performance on achievement tests in English.
 
a.     	Pursuant to C.F.R. §200.6(h)(4)(ii), an ELL 		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 ELL status based on the student’s score 		on the remaining domains in which the 			student was assessed.
 
4.     	A parent may remove a student who is enrolled in a 		bilingual education program pursuant to provisions 		in N.J.S.A. 18A:35-22.1.
 
5.     	Newly exited students who are not progressing in the 	mainstream English program may be considered for 		reentry to bilingual and ESL programs as follows:
 
a.     	After a minimum of one-half an academic 		year and within two years of exit, the 			mainstream English classroom teacher 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 the 			mainstream program.
 
c.     	The recommendation for retesting shall be 		based on the teacher’s judgment that the 		student is experiencing difficulties due to 		problems in using English as evidenced by the 		student’s inability to:  communicate 			effectively with peers and adults; understand 		directions given by the teacher; and/or 			comprehend basic verbal and written 			materials.
 
d.     	The student shall be tested using a different 		form of the test or a different language 			proficiency test than the one used to exit the 		student.
 
e.     	If the student scores below the 				State-established standard on the language 		proficiency test, the student shall be        		re-enrolled into the bilingual or ESL program.
 
6.     	When the review process for exiting a student from a 	bilingual, ESL, or English language services program 	has been completed, the district shall notify by mail 		the student’s parent(s) of the placement 			determination.  If the parent(s) or teaching staff 		member disagrees with the placement, they 			may appeal the placement decision in writing to the 		Superintendent or designee, who will provide a 		written explanation for the decision within seven 		working days of receiving the written appeal.  The 		complainant may appeal this decision in writing to 		the Board within seven calendar days of 			receiving the Superintendent’s or designee’s written 		explanation of the decision.  The Board will review 		the appeal and respond in writing to the parent 		within forty-five calendar days of the Board’s receipt 	of the parent’s written appeal to the Board.  Upon 		exhausting an appeal to the Board, the complainant 		may appeal to the Commissioner of Education 			pursuant to N.J.S.A. 18A:6-9 and N.J.A.C. 6A:3.
 
J.      	Graduation Requirements for English Language Learners  		(N.J.A.C. 6A:15-1.11)
 
All ELLs shall satisfy requirements for high school graduation according to N.J.A.C. 6A:8-5.1(a).
 
K.    	Location (N.J.A.C. 6A:15-1.12)
 	All bilingual, ESL, and English language services programs shall 		be conducted within classrooms within the regular school 			buildings of the school district pursuant to N.J.S.A. 18A:35-20. 
 	
L.     	Notification  (N.J.A.C. 6A:15-1.13)
 
1.     	The school district shall notify by mail the 			parents of ELLs of the fact that their child has been 		identified as eligible for enrollment in a bilingual, 		ESL, or English language services education 			program.  The district shall issue the notification 		within thirty days of the child’s identification.  		Notice shall include a statement that the parents 		may decline their child’s enrollment in a bilingual 		program, and they shall be given an opportunity to 		do so if they choose.  The notice shall be in writing 		and in the language in which the parent(s) possesses 		a primary speaking ability, and in English, and shall 		include the following information: 
 
a.     	Why the student was identified as an ELL;
 
b.     	Why the student needs to be placed in a 			language instructional educational program 		that will help them develop and  attain English 	proficiency and meet the NJSLS;
 
c.     	The student’s level of English proficiency, 		how the level of English proficiency was 		assessed, and the student’s academic level;
 
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 native language, if applicable;
 
e.     	How the program will meet the student’s 		specific needs in attaining English and 			meeting State standards;
 
f.      	The program’s exit requirements, the 			expected rate of transition into a classroom 		not tailored for ELLs and, in the case of high 		school students, the expected rate of 			graduation; and

g.     	How the instructional program will meet the 		objectives of the individualized education 		program of a student with a disability.
 
2.     	The school district shall send progress reports to 		parent(s) of students enrolled in a bilingual, ESL, or 		English language services programs in the same 		manner and frequency as progress reports are sent 		to parent(s) of other students enrolled in the school 		district.
 
3.     	Progress reports shall be written in English and in 		the native language of the parent(s) of students 		enrolled in the bilingual and ESL program unless the 		school district can demonstrate and document in the 		three-year plan required in N.J.A.C. 6A:15-1.6(a) that 		the requirement would place an unreasonable 			burden on the district.
 
4.     	The school district shall notify the parent(s) when 		students meet the exit criteria and are placed in a 		monolingual English program.  The notice shall be in 	English and in the language in which the parent(s) 		possesses a primary speaking ability.
 
M.    	Joint Programs  (N.J.A.C. 6A:15-1.14)
 
With approval of the Executive County Superintendent on a case-by-case basis, a school district may join with another Board to provide bilingual, ESL, or English language services programs.
 
N.    	Parental Involvement  (N.J.A.C. 6A:15-1.15)
 
1.     	The district shall provide for the maximum 			practicable involvement of parent(s) of ELLs in the 		development and review of program objectives and 		dissemination of information to and from the 			district Boards of Education and communities served 	by the bilingual, ESL, or English language services 		education programs.
 
2.     	If the district implements a bilingual 				education program, the district shall establish a 		parent advisory committee on bilingual education of 		which the majority membership shall be parent(s) of 	ELLs.

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