SECTIONS 52130-52135 - California Statutes

EDUCATION CODE

SECTION 52130-52135

52130. This act shall be known and may be cited as the Impacted
Languages Act of 1984.

52131. The Legislature hereby finds and declares that there is a
need to provide relief to school districts which are highly impacted
by the enrollment of refugee pupils or pupils whose primary languages
are sufficiently diverse and in low population concentrations and
for which there is a lack of substantive primary language curriculum
materials and an insufficient number of trained
bilingual-crosscultural teachers in these primary languages.

52132. Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this article.
(a) "Impacted languages" means those primary languages spoken by
pupils assessed as being limited-English proficient or who otherwise
require bilingual instruction pursuant to Article 3 (commencing with
Section 51260), and for which the Superintendent of Public
Instruction determines not later than August 1 of each year both of
the following:
(1) That there is a lack of language arts and other subject
content curriculum materials in each respective language group with
pupil populations which are sufficient to implement a basic bilingual
education program pursuant to subdivision (a) of Section 52163.
(2) That there is an insufficient number of persons possessing
bilingual credentials or certificates of competence to provide
bilingual instruction in each respective language pursuant to the
requirements of Article 3 (commencing with Section 52160). It is the
intent of the Legislature in enacting this article to authorize
school districts to implement impacted language programs in which
instruction is provided by language development specialists in
accordance with the requirements of this article in lieu of programs
in bilingual-crosscultural instructional programs prescribed by
Section 52165.
(b) "Impacted language program" is a program of self-contained
classroom instruction for pupils from impacted language groups which,
at a minimum, consists of one hour per instructional day of English
language development in addition to basic skills and subject content
instruction which involves bilingual-crosscultural teacher aides or
impacted language liaisons and which utilizes a modified curriculum
which is capable of meeting the language and instructional needs of
these pupils. To the extent feasible, appropriate primary language
instruction shall be designed to facilitate basic skills and subject
content instruction by a language development specialist.
(c) "Impacted language liaison" means a person employed by a
school district in a noninstructional capacity who is fluent in the
primary language of the pupils in one of the impacted language groups
affected and who possesses receptive and productive English language
skills which will enable that person to facilitate communication
between classroom teachers and impacted language pupils and
communication between the school and parents of these pupils.

52133. (a) School districts which elect to implement an impacted
language program in accordance with the requirements of this article
shall submit an application to the State Department of Education
certifying that there are insufficient appropriately qualified
bilingual-crosscultural teachers available for employment in the
district. The application shall also demonstrate that the program
will provide for all of the following:
(1) The conducting of at least one public hearing for purposes of
planning an impacted language program.
(2) The development of language arts and subject content curricula
for impacted language groups utilizing available state and federal
funding.
(3) Documented evidence that existing bilingual-crosscultural
instructional programs will not be adversely affected or reduced
through the implementation of an impacted language program.
(4) Where appropriate, the employment of impacted language
liaisons to facilitate communication between school personnel,
pupils, and parents of impacted language groups.
(5) The establishment of a plan for the recruitment of
bilingual-crosscul tural teachers, the development of career ladder
opportunities, and in-service training programs.
(6) Documentation that the community and impacted language
populations have been consulted regarding the implementation of an
impacted language program.
(7) The submission of an annual report to the State Department of
Education in the manner prescribed by the department regarding the
number of classes established under the program and the number of
pupils served.
(b) No application submitted pursuant to this section shall be
approved by the Superintendent of Public Instruction if he or she
determines that there is an approved bilingual teacher training
institution that is enrolling students for the impacted language for
which an application has been submitted which is within a reasonable
distance from the applicant school district.

52135. The State Board of Education shall adopt rules and
regulations necessary for the effective implementation of this
article by July 1, 1985.