SECTIONS 430-446 - California Statutes

EDUCATION CODE

SECTION 430-446

430. (a) This chapter shall be known, and may be cited, as the
English Learner and Immigrant Pupil Federal Conformity Act.
(b) The purpose of this chapter is to ensure that instructional
services are provided to pupils with limited English proficiency in
conformity with federal requirements that are designed to ensure that
all pupils have reasonable access to educational opportunities that
are necessary in order for the pupils to achieve at high levels in
English and in the other core curriculum areas of instruction.
(c) This chapter is intended to be declaratory of Title III of the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) and is intended to assist local educational agencies in
understanding the requirements and funding formulas to provide
allowable services. It is the intent of the Legislature that, to the
extent federal law is amended, this chapter will be amended to
conform to those changes.
(d) The requirements of this chapter apply only to local
educational agencies that receive federal funds pursuant to Title III
of the federal No Child Left Behind Act of 2001.

435. For purposes of this chapter, the following terms have the
following meanings:
(a) "English learner" or "pupil of limited English proficiency"
means a pupil who was not born in the United States or whose native
language is a language other than English or who comes from an
environment where a language other than English is dominant; and
whose difficulties in speaking, reading, writing, or understanding
the English language may be sufficient to deny the individual the
ability to meet the state's proficient level of achievement on state
assessments, the ability to successfully achieve in classrooms where
the language of instruction is English, or the opportunity to
participate fully in society.
(b) "Immigrant pupil" means a pupil who was born in a country
other than the United States and who has attended a kindergarten
class or any of grades 1 to 12, inclusive, in a school in the United
States for three or fewer years.
(c) "Federal No Child Left Behind Act of 2001" means Public Law
Number 107-110 (20 U.S.C. Sec. 6801, et seq.).

440. (a) A local educational agency shall provide instructional
services to limited-English-proficient pupils and immigrant pupils in
conformity with Section 6801 and following of Title 20 of the United
States Code.
(b) In accordance with Section 7012 of Title 20 of the United
States Code, each parent or guardian of a pupil enrolled in a public
school shall receive notice of the assessment of his or her child's
English language proficiency not later than 30 days after the start
of the school year. The notice shall include all of the following:
(1) The reason for the child's classification as limited English
proficient.
(2) The level of English proficiency.
(3) A description of the program for the English language
development instruction, including a description of all of the
following:
(A) The manner in which the program will meet the educational
strengths and needs of the child.
(B) The manner in which the program will help the child develop
his or her English proficiency and meet age appropriate academic
standards.
(C) The specific exit requirements for the program, the expected
rate of transition from the program into classrooms that are not
tailored for limited-English-proficient children, and the expected
rate of graduation from secondary school for the program if funds
available under Sections 6801 and following of Title 20 of the United
States Code are used for children in secondary schools.
(D) Where the child has been identified as having exceptional
needs, the manner in which the program meets the requirements of the
child's individualized education plan.
(4) Information regarding a parent or guardian's option to decline
to allow the child to become enrolled in the program or to choose to
allow the child to become enrolled in an alternative program.
(5) Information designed to assist a parent or guardian in
selecting among available programs, if more than one program is
offered.

441. A local educational agency that receives federal funds for a
language instruction program and that fails to make progress on the
annual pupil achievement objectives in any fiscal year shall inform
each parent or guardian of each pupil identified for participation in
that program, or participating in that program, within 30 days of
the occurrence of the failure, as required pursuant to Section 7012
(b) of Title 20 of the United States Code.

442. In accordance with Section 6824 (d) of Title 20 of the United
States Code, a local educational agency that experiences a
significant increase, as determined by the State Department of
Education, in the number of immigrant pupils in comparison to the
average of the preceding two years may be eligible for a federal
subgrant if that local educational agency agrees to expend the funds
to improve the education of immigrant pupils by assisting the pupils
to learn English and meet challenging state academic content and
pupil achievement standards.

443. (a) In accordance with Section 6826 of Title 20 of the United
States Code, an eligible local educational agency desiring a subgrant
pursuant to Section 6824 of Title 20 of the United States Code shall
submit a plan to the State Department of Education at the time, in
the manner, and containing the information, that the State Department
of Education may require.
(b) The plan submitted shall do the following:
(1) Describe the programs and activities to be developed,
implemented, and administered.
(2) Describe how the agency will use the subgrant funds to meet
all annual measurable achievement objectives for
limited-English-proficient pupils in English proficiency and in
meeting challenging state academic content and pupil academic
achievement standards.
(3) Describe how the agency will hold elementary schools and
secondary schools accountable for all of the following:
(A) Meeting the annual measurable achievement objectives.
(B) Making adequate yearly progress for limited-English-proficient
pupils.
(C) Annually measuring the English proficiency of
limited-English-proficient pupils so that pupils served develop
proficiency in English while meeting state academic content and pupil
academic achievement standards.
(4) Describe how the agency will promote parental and community
participation in programs for limited-English-proficient pupils.
(5) Contain an assurance that the agency consulted with teachers,
researchers, school administrators, and parents, and, if appropriate,
with education-related community groups and nonprofit organizations,
and institutions of higher education, in developing the plan.
(6) Describe how language instruction education programs carried
out under the subgrant will ensure that limited-English-proficient
pupils being served by the programs develop English proficiency.

444. In accordance with Section 6826 (c) of Title 20 of the United
States Code, a local educational agency that receives a federal
subgrant pursuant to Sections 6801 and following of Title 20 of the
United States Code shall include in its plan a certification that all
teachers in any language instruction education program for
limited-English-proficient pupils that is, or will be, funded under
Part A of Title III of the federal No Child Left Behind Act of 2001
are fluent in English and any other language used for instruction,
including having written and oral communication skills.

445. In accordance with Section 6846 of Title 20 of the United
States Code, nothing in this chapter shall be construed to negate or
supersede state law or the legal authority under state law of the
State Department of Education.

446. In compliance with Section 6824 of Title 20 of the United
States Code, the Superintendent of Public Instruction may not award a
subgrant in an amount that is less than ten thousand dollars
($10,000). A local educational agency may form a consortium with one
or more other local educational agencies to apply for Title III funds
as a consortium, if the grant to the consortium is ten thousand
dollars ($10,000) or more. A consortium shall include only those
entities specified by Section 6871 of Title 20 of the United States
Code. If a consortium applies for a subgrant, it shall be awarded to
the local lead educational agency on behalf of all of the members of
the consortium. The members of the consortium shall collectively
develop and approve a memorandum of understanding for the
implementation of the programs and services they will provide with
these funds.