SECTIONS 52160-52178 - California Statutes

EDUCATION CODE

SECTION 52160-52178

52160. This article shall be known and may be referred to as the
Chacon-Moscone Bilingual-Bicultural Education Act of 1976.

52161. The Legislature finds that there are more than 288,000
school age children who are limited English proficient and who do not
have the English language skills necessary to benefit from
instruction only in English at a level substantially equivalent to
pupils whose primary language is English. Their lack of English
language communication skills presents an obstacle to such pupils'
right to an equal educational opportunity which can be removed by
instruction and training in the pupils' primary languages while such
pupils are learning English. The Legislature recognizes that the
school dropout rate is excessive among pupils of limited English
proficiency. This represents a tremendous loss in human resources and
in potential personal income and tax revenues. Furthermore, high
rates of joblessness among these dropouts contribute to the
unemployment burden of the state.
The Legislature recognizes that a critical need exists for
teaching and administrative personnel qualified in the bilingual and
crosscultural skills necessary to the instruction of the
limited-English-proficient population in the state's school
districts. Therefore, the Legislature directs school districts to
provide for in-service programs to qualify existing and future
personnel in the bilingual and crosscultural skills necessary to
serve the pupils of limited English proficiency of this state.
Furthermore, the Legislature intends that the public institutions of
higher education establish programs to qualify teachers and
administrators in the bilingual and crosscultural skills necessary to
serve these pupils.
The Legislature finds and declares that the primary goal of all
programs under this article is, as effectively and efficiently as
possible, to develop in each child fluency in English. The programs
shall also provide positive reinforcement of the self-image of
participating pupils, promote crosscultural understanding, and
provide equal opportunity for academic achievement, including, when
necessary, academic instruction through the primary language.
It is the purpose of this article to require California school
districts to offer bilingual learning opportunities to each pupil of
limited English proficiency enrolled in the public schools, and to
provide adequate supplemental financial support to achieve such
purpose. Insofar as the individual pupil is concerned, participation
in bilingual programs is voluntary on the part of the parent or
guardian.

52162. The State Board of Education shall adopt such rules and
regulations as are necessary for the effective administration of this
article.

52163. Unless the context otherwise requires, the definitions set
forth in this section shall govern the construction of this article.
(a) "Basic bilingual education" is a system of instruction that
builds upon the language skills of the pupil and that consists of,
but is not limited to, all of the following:
(1) A structured English language development component with daily
instruction leading to the acquisition of English language
proficiency, including English reading and writing skills.
(2) A structured primary language component with daily basic
skills instruction in the primary language for the purpose of
sustaining achievement in basic subject areas until the transfer to
English is made.
As the pupil develops English language skills, the amount of
instruction offered through English shall increase.
(b) "Bilingual-bicultural education" is a system of instruction
that uses two languages, one of which is English, as a means of
instruction. It is a means of instruction that builds upon and
expands the existing language skills of each participating pupil,
that will enable the pupil to achieve competency in both languages.
This instruction shall include all of the following:
(1) Daily instruction in English language development that shall
include:
(A) Listening and speaking skills.
(B) Reading and writing skills; formal instruction in reading and
writing of English shall be introduced when appropriate criteria are
met.
(2) Language development in the pupil's primary language,
including oral and literacy skills.
(3) Reading in the pupil's primary language.
(4) Selected subjects taught in the pupil's primary language.
(5) Development of an understanding of the history and culture of
California and the United States, as well as an understanding of
customs and values of the cultures associated with the languages
being taught.
(c) (1) "Experimental bilingual programs" are:
(A) Innovative programs that are consistent with the provisions of
this article, the requirements for bilingual teaching personnel
pursuant to Section 52165, and the requirements for English language
and primary language development pursuant to this section. Innovative
programs may include new management approaches, greater emphasis on
team teaching, or other appropriate improvements that expand the
learning opportunities of pupils of limited English proficiency.
Unless waivers of code sections are required, project approval of the
state board is not required. A description of each innovative
program shall be included with the consolidated application for
program funding and an annual evaluation of the programs shall be
included in the multiple-funded program evaluation required pursuant
to Section 33403.
(B) Planned variation programs for the purpose of comparing and
improving language development programs for pupils of limited English
proficiency. A primary focus shall be on appropriate instruction for
pupils of limited English proficiency whose English skills are
superior to their skills in their primary language.
A focus may also be placed upon situations in which the number of
pupils who, in accordance with Section 52165, would be required to
receive instruction pursuant to subdivision (a) or (b) of Section
52163, is substantially smaller than the census indicated for the
previous year, in which case all pupils of limited English
proficiency shall receive instruction through individual learning
programs during the preparation of the district's proposal and the
consideration of the proposal by the state board. The programs shall
be authorized by the state board in up to 300 classrooms in 1982-83
and up to 700 classrooms in 1983-84 and each school year thereafter
in districts that are representative of the state both geographically
and by size. Not more than 30 classrooms in 1982-83 and 50
classrooms in 1983-84, that may or may not be in another school,
shall be approved in any one district. The programs shall not result
in segregation. For districts proposing a planned variation program,
the staffing requirements of Section 52165 may be partially or
totally waived by the state board provided that the district has an
inadequate number of certified bilingual teachers, that certified
bilingual teachers are not replaced, that present level of effort is
not reduced, and that the proposed language development program is
appropriate. For each participating classroom there shall be another
similar classroom in the district that has fully implemented and is
in compliance with the other provisions of this article.
(2) Proposals for planned variation programs shall include, but
need not be limited to:
(A) A clear statement of the purposes, goals, and objectives for
planned variation programs and projected outcomes.
(B) A delineated management, staffing, and instructional plan.
(C) Pupil identification, diagnosis, and assessment procedures.
(D) Evidence of qualified bilingual and other instructional staff
with demonstrated competence in language development, bicultural or
multicultural knowledge of participating pupils, and instructional
methodologies.
(E) Documented parent and community participation and support.
(F) Use of state and federal funding, where applicable.
(G) Evaluation component that controls for instructional
treatments, instructional engaged time, staffing, pupil language
characteristics, achievement, attendance, and related data.
(H) For purposes of this subdivision, if formal action upon a
proposal for a planned variation program is not taken by the state
board on or before the second regular meeting of the state board
following the receipt of a complete and documented proposal, the
proposal shall be deemed approved for the remainder of the school
year.
Proposals that meet the requirements of this subdivision shall be
approved by the state board in accordance with standards established
in subdivision (b) of Section 52820.
Proposals may be approved annually for a second, third, or fourth
year based upon a demonstration of compliance with planned variation
program requirements.
(3) The department shall include in its annual report to the
Legislature submitted pursuant to Sections 33405 and 52171.6 the
number and nature of experimental bilingual and planned variation
programs and progress of participating pupils.
(4) Nothing contained in this subdivision shall be construed to
permit the operation of experimental bilingual and planned variation
programs contrary to the purposes or intent of this article and other
state or federal statutes and regulations promulgated for and on
behalf of pupils of limited English proficiency. The primary goal of
all programs shall be to teach the pupil English.
(d) "Secondary level language development program" is a program in
grades 7 to 12 that provides a prescriptive English language program
that systematically develops a pupil's listening and speaking
skills, knowledge of linguistic and grammatical structure leading to
proficiency in reading and writing English. The prescriptive English
language program shall be based on the diagnosis of a pupil's
language skills pursuant to Sections 52164 and 52164.1 and shall be
conducted as an integral instructional program of English curriculum
for not less than one full period a day or its equivalent for the
purpose of providing pupils with minimum English language
competencies pursuant to subdivision (e). The primary goal of the
programs shall be to teach pupils the English language.
In addition to the prescriptive English language program required
by this subdivision, a secondary level language development program
shall provide primary language instructional support to sustain
academic achievement in nonelective content subject areas required
for high school graduation consistent with current law.
Instruction in a secondary level language development program
shall be provided either by a language development specialist, or by
a certified bilingual-crosscultural teacher, who has received the
recommendation of the local superintendent of schools verifying in
writing that the teacher is competent and qualified to teach an
English-as-a-second-language component, as measured by the district's
personnel evaluation system.
School districts offering an instructional program pursuant to
this subdivision shall not be required to provide a secondary level
individual learning program, as defined in subdivision (e), but shall
be required to maintain records documenting all parental notices and
of the continuing evaluation of pupil needs and services.
A school district may make a secondary level language development
program available to pupils enrolled in grade 6 whenever that grade
is maintained by the district in a middle school comprised of any of
grades 6, 7, 8, or 9.
(e) "Secondary level individual learning program" is an
individualized systematic program of instruction that meets the needs
of limited-English-proficient pupils and builds upon their language
skills in order to develop proficiency in English. This program shall
be offered in a manner consistent with the United States Supreme
Court decision in Lau v. Nichols (414 U.S. 563), the Equal Education
Opportunities Act of 1974 (20 U.S.C. Sec. 1701 et seq.) and federal
regulations promulgated pursuant to those court decisions and federal
statutes. The primary goal of the programs shall be to teach the
pupil English.
(f) "Elementary level individual learning program" is any program
of instruction for a pupil of limited English proficiency in which
any one of the three program options described in subdivision (a),
(b), or (c) is individualized to meet the needs of the pupil of
limited English proficiency and is offered in a manner consistent
with the requirements of this article. Instruction shall be offered
in a manner consistent with the United States Supreme Court decision
in Lau v. Nichols (414 U.S. 563), the Equal Educational Opportunities
Act of 1974 (20 U.S.C. Sec. 1701 et seq.), and federal regulations
promulgated pursuant to those court decisions and federal statutes.
The primary goal of the programs shall be to teach the pupil English.
(g) "Primary language" is a language other than English that is
the language the pupil first learned or the language that is spoken
in the pupil's home.
(h) "Bilingual-crosscultural teacher" means a person who (1) holds
a valid, regular California teaching credential and (2) holds either
a bilingual-crosscultural certificate of proficiency or other
credential in bilingual education authorized by the Commission on
Teacher Credentialing or a bilingual-crosscultural specialist
credential. The person shall be fluent in the primary language and
familiar with the cultural heritage of limited-English-proficiency
pupils in the bilingual classes he or she conducts. The person shall
have a professional demonstrated working knowledge of the
methodologies that are necessary to effectively educate those pupils.
(i) "Bilingual-crosscultural teacher aide" means an aide fluent in
both English and the primary language of the pupil or pupils of
limited English proficiency in a bilingual-bicultural program. The
aide shall be familiar with the cultural heritage of pupils of
limited English proficiency in the bilingual classes to which he or
she is assigned.
(j) "State board" means the State Board of Education.
(k) "Superintendent" means the Superintendent of Public
Instruction.
(l) "Basic skills" means language arts, including, but not limited
to, reading and writing, and mathematics.
(m) "Pupils of limited English proficiency" are pupils who do not
have the clearly developed English language skills of comprehension,
speaking, reading, and writing necessary to receive instruction only
in English at a level substantially equivalent to pupils of the same
age or grade whose primary language is English. The determination of
which pupils are pupils of limited English proficiency shall be made
in accordance with the procedures specified in Sections 52164 and
52164.1. Pupils who have no proficiency in their primary language are
not included within this definition.
(n) "Pupils of fluent English proficiency" are pupils whose
English proficiency is comparable to that of the majority of pupils,
of the same age or grade, whose primary language is English.
(o) "Department" means the State Department of Education.

52163.5. Each of the program options defined in subdivision (a),
(b), (c), (d), (e), or (f) of Section 52163 shall include structured
activities which promote the pupil's positive self-image and
crosscultural understanding.
The Legislature recognizes that language development is a
continuum and that pupils in the same classroom may have varying
levels of English and primary language skills. The individualized
instruction for each pupil, pursuant to all of the program options,
shall be based on a continuing evaluation of the pupil's progress by
the classroom teacher, and by others, as appropriate. An English
development component is required for all participating pupils.
Pupils with greater strength in their primary language shall receive
instruction in academic subjects through the primary language as long
as such instruction is needed to sustain academic achievement. As
pupils develop the skills which allow them to learn more effectively
in English, more of their instruction shall be through the English
language. A primary language component shall be provided as specified
in subdivision (a), (b), (c), (d), (e), or (f) of Section 52163, but
shall be less extensive as the pupil progresses into English.

52163.6. The Legislature recognizes that for many languages there
is a shortage of primary language textbooks, curriculum, teacher
training programs, and bilingual personnel. The requirement for
reading in the primary language may be waived by the board if the
district documents the lack of available materials, personnel, and
training programs. The department shall maintain a list of available
curriculum materials and teacher training programs in all appropriate
languages, to verify the waiver requests. The waiver is renewable
yearly. Each waiver request shall be signed by the chairperson of the
district bilingual committee. The waiver does not eliminate the
requirement for primary oral language development.

52164. Each school district shall ascertain not later than the
first day of March of each year, under regulations prescribed by the
State Board of Education, the total number of pupils of limited
English proficiency within the district, and shall classify them
according to their primary language, age, and grade level. This count
shall be known as the "census of pupils of limited English
proficiency" and shall consist of a determination of the primary
language of each pupil enrolled in the school district and an
assessment of the language skills of all pupils whose primary
language is other than English.
The census shall be taken by individual, actual count, and not by
estimates or samplings. All pupils of limited English proficiency,
including migrant and special education pupils, shall be counted.
Special language assessment instruments, designated by the
superintendent and in compliance with the requirements of subdivision
(j) of Section 56001, may be used for special education pupils. The
results of this census shall be reported to the Department of
Education not later than the 30th day of April of each year. The
previous census shall be updated to include new enrollees and to
eliminate pupils who are no longer pupils of limited English
proficiency and pupils who no longer attend school in the district,
and shall be reported pursuant to Section 52164.1. Census data
gathered in one school year shall be used to plan the number of
bilingual classrooms to be established in the following school year.

52164.1. The superintendent, with the approval of the State Board
of Education, shall prescribe census-taking methods, applicable to
all school districts in the state, which shall include, but need not
be limited to, the following:
(a) A determination of the primary language of each pupil enrolled
in the school district. The primary language of new pupils shall be
determined as they enroll. Once determined, the primary language need
not be redetermined unless the parent or guardian claims there is an
error. Home language determinations are required only once, unless
the results are disputed by a parent or guardian.
(b) An assessment of the language skills of all pupils whose
primary language is other than English. All the skills listed in
subdivision (m) of Section 52163 shall be assessed, except that
reading and writing skills need not be assessed for pupils in
kindergarten and grades 1 and 2. For those pupils who, on the basis
of oral language proficiency alone, are clearly limited English
proficient, assessment of reading and writing skills shall be
necessary only to the extent required by subdivision (c). This
assessment, which shall be made as pupils enroll in the district,
shall determine whether such pupils are fluent in English or are of
limited English proficiency.
(c) For those pupils identified as being of limited English
proficiency, a further assessment shall be made to determine the
pupil's primary language proficiency, including speaking,
comprehension, reading, and writing, to the extent assessment
instruments are available. Parallel forms of the instruments used to
determine English proficiency shall be used, if available. The
results of the parallel assessment shall determine the extent and
sequence in which English and the primary language will be used in
the instruction of basic skills.
A diagnostic assessment in the language designated for basic
skills instruction measuring speaking, comprehension, reading, and
writing, shall be administered for instructional use at the district
level. Such diagnostic assessment shall be updated as necessary to
provide a curriculum meeting the individual needs of each pupil of
limited English proficiency.
If the assessment conducted pursuant to this subdivision indicates
that the pupil has no proficiency in the primary language, further
assessment of the pupil's primary language skills including
consultation with the pupil's parents or guardians, the classroom
teacher, the pupil, or others who are familiar with the pupil's
language ability in various environments shall be conducted. If this
detailed assessment indicates that the pupil has no proficiency in
his or her primary language, then the pupil is not entitled to the
protection of this article.
The diagnostic assessment process shall be completed within 90
days after the date of the pupil's initial enrollment and shall be
performed in accordance with rules and regulations adopted by the
board.
The parent or guardian of the pupil shall be notified of the
results of the assessment. The Department of Education shall conduct
an equivalency study of all language proficiency tests designated for
the identification of pupils of limited English proficiency to
insure uniformity of language classifications and to insure the
reliability and validity of such tests. Tests, materials, and
procedures to determine proficiency shall be selected to meet
psychometric standards and administered so as not to be racially,
culturally, or sexually discriminatory.
The Department of Education shall annually evaluate the adequacy
of and designate the instruments to be used by school districts, and
such instruments shall be available by March 15 of each year.
The assessments shall be conducted by persons who speak and
understand English and the primary language of the pupils assessed,
who are adequately trained and prepared to evaluate cultural and
ethnic factors, and who shall follow procedures formulated by the
superintendent to determine which pupils are pupils of limited
English proficiency, as defined in subdivision (m) of Section 52163.
A school district may require that the assessment be conducted by
persons who hold a valid, regular California teaching credential and
who meet the other qualifications specified in this paragraph. The
superintendent may waive the requirement that the assessment be
conducted by persons who can speak and understand the pupil's primary
language where the primary language is spoken by a small number of
pupils and the district certifies that it is unable to comply. This
certification shall be accompanied by a statement from the district
superintendent that the chairperson of the district advisory
committee on bilingual education has been consulted and was unable to
assist in the effort to locate appropriate individuals to administer
the assessment.
Any district may elect to follow federal census requirements
provided that the language skills described in subdivision (m) of
Section 52163 are assessed, and provided that such procedures are
consistent with Section 52164, the district shall be exempt from the
state census procedures described in subdivisions (a) and (b).

52164.2. The Department of Education shall review the results of
the census each year. Where the information provided by a school
district appears to be inaccurate or where parents, teachers, or
counselors file a formal written complaint that the census is
inaccurate, the department shall audit the district's census. Where
the department concludes that the census has been incorrectly taken,
or the results appear to be inaccurate, the department shall require
another census to be taken and the corrected information to be
provided.

52164.3. (a) Each school district shall reassess pupils whose
primary language is other than English, whether they are designated
as limited English proficient, or fluent English proficient, when a
parent or guardian, teacher, or school site administrator claims that
there is a reasonable doubt about the accuracy of the pupil's
designation.
(b) In all cases of reassessment, the parent or guardian of the
pupil shall be notified of the result. This notice shall be given
orally when school personnel have reason to think that a written
notice will not be understood.

52164.4. If a previously untested pupil enrolling in a school for
the first time speaks a language other than English in the home, such
pupil shall be enrolled as a pupil of limited English proficiency in
a bilingual program pursuant to subdivision (a), (b), (c), (e), or
(f) of Section 52163 at least until that child has been assessed
pursuant to Section 52164.

52164.5. Pertinent information from the assessment of language
skills for each pupil whose primary language is other than English
shall be retained by the school district as long as the pupil is
enrolled in the district. Each school district shall report annually
to the Department of Education, and the department shall report to
the State Board of Education, the number of pupils (1) whose primary
language is other than English; (2) who are of limited English
proficiency; (3) whose primary language is other than English who are
enrolled in classes defined in subdivision (a), (b), (c), (d), (e)
or (f) of Section 52163; (4) the number of such pupils who have
become bilingual and literate in English and in their primary
language, as appropriate; and (5) the number of such pupils who have
met the language reclassification criteria for exit criteria pursuant
to Section 52164.6.

52164.6. Reclassification criteria shall be established by each
school district in which pupils of limited English proficiency are
enrolled. The criteria shall determine when pupils of limited English
proficiency have developed the English language skills necessary to
succeed in an English-only classroom. The reclassification process
shall, at a minimum, utilize multiple criteria, including, but not
limited to, all of the following:
(a) Teacher evaluation, including a review of the pupil's
curriculum mastery.
(b) Objective assessment of language proficiency and reading and
writing skills.
(c) Parental opinion and consultation.
(d) An empirically established range of performance in basic
skills, based on nonminority English-proficient pupils of the same
grade and age, which demonstrates that the pupil is sufficiently
proficient in English to succeed in an English-only classroom.
The board shall adopt regulations setting forth standards for
language reclassification criteria to be adopted by school districts.
The board's regulations shall, at a minimum, prescribe a
reclassification process that utilizes multiple criteria as required
by this section.
Each school district shall, in following the board's regulations
establish criteria for determining when pupils of limited English
proficiency enrolled in programs defined in Section 52163 have
developed the English language skills of comprehension, speaking,
reading, and writing necessary to succeed in an English-only
instructional setting.

52165. Each pupil of limited English proficiency enrolled in the
California public school system in kindergarten and grades 1 to 12,
inclusive, shall receive instruction in a language understandable to
the pupil that recognizes the pupil's primary language and teaches
the pupil English.
(a) In kindergarten and grades 1 to 6, inclusive, the following
shall apply:
(1) If the language census indicates that any school of a school
district has 10 or more pupils of limited English proficiency with
the same primary language in the same grade level or 10 or more
pupils of limited English proficiency with the same primary language,
in the same age group, and in a multigrade or ungraded instructional
environment, the school district shall offer instruction pursuant to
subdivision (a), (b), or (c) of Section 52163 for those pupils at
the school. If there are pupils of limited English proficiency with
different primary languages who do not otherwise satisfy the program
requirements of subdivision (a), (b), or (c) of Section 52163 or of
this subdivision, a language development specialist defined in
subdivision (b) may be used.
(2) To the extent state or federal categorical funds are
available, the services, as described in this paragraph, are required
for pupils of limited English proficiency in concentrations of fewer
than 10 per grade level. If there are fewer than 10 pupils of
limited English proficiency in the same grade, but at least 20 pupils
of limited English proficiency in the school with the same primary
language, the school district shall provide at least one certified
bilingual-crosscultural teacher or teachers on waiver as defined in
Section 52178 and an elementary level individual learning program as
defined in subdivision (f) of Section 52163 for those pupils at the
school. If the number of pupils of limited English proficiency in the
school exceeds 45, the district shall provide two of those teachers.
These teachers may be used as resource teachers or team teachers or
to provide any other services to pupils of limited English
proficiency as the district deems appropriate. These teachers shall
be different teachers than those required pursuant to paragraph (1).
(b) The Legislature recognizes that in the past equal educational
opportunities have not been fully available to secondary pupils of
limited English proficiency. It is the intent of the Legislature to
encourage school districts to offer a language learning program
pursuant to subdivision (d) of Section 52163. Certified
bilingual-crosscultural teachers or, if those teachers are not
available, language development specialists assisted by a bilingual
aide shall be qualified to provide instruction for those programs.
Language development specialists shall be formally trained and
competent in the field of English language learning, including second
language acquisition and development, structure of modern English,
and basic principles of linguistics, and shall meet the culture and
methodology competencies established by subdivisions (b) and (c) of
Section 44253.5. The Commission on Teacher Credentialing shall
provide for the assessment of language competencies specified in this
section and shall modify existing culture and methodology competency
for language development specialist to ensure that they meet the
crosscultural and instructional methodologies for pupils being served
by those teachers. A teacher of English to speakers of other
languages certificate from a commission-approved teacher training
institution of higher education that meets the criteria established
by the commission pursuant to Section 44253.5 shall be accepted
instead of the methodology requirement.
(c) In kindergarten and grades 1 to 12, inclusive, pupils of
limited English proficiency who are not enrolled in a program
described in subdivision (a), (b), (c), or (d) of Section 52163 shall
be individually evaluated and shall receive educational services
defined in subdivision (e) or (f), as appropriate, of Section 52163.
These services shall be provided in consultation with the pupil and
the parent, parents, or guardian of the pupil.
(d) As a part of its consolidated application for categorical
program funds, each district receiving those funds shall include a
specific plan indicating the ways in which the individual learning
plans will meet the needs of pupils of limited English proficiency.
The plan shall describe all of the following:
(1) Procedures used in making the individual evaluation.
(2) The pupils' levels of English and primary language proficiency
and levels of educational performance.
(3) Instructional objectives and scope of educational services to
be provided.
(4) Periodic evaluation procedures, using objective criteria, to
determine whether the instructional objectives are being met.

52166. All teachers and aides providing instruction in programs
established pursuant to subdivision (a), (b), or, unless waived by
the board, (c) of Section 52163, shall meet the criteria of
subdivision (h) or (i) of Section 52163. In the event a school
operates an individualized program described in subdivision (e) or
(f) of Section 52163, such a district which receives categorical aid
funds to meet the needs of pupils of limited English proficiency
shall certify to the board that sufficient teachers and aides meeting
the criteria of subdivision (h) or (i) of Section 52163, as
appropriate, are available to the school to ensure that all pupils of
limited English proficiency have instructional opportunities in both
English and their primary language to meet the intent of this
chapter. Other instructional personnel who are not
bilingual-crosscultural as defined in subdivisions (h) and (i) of
Section 52163 may provide instructional and educational services to
pupils enrolled in programs established pursuant to subdivision (a),
(b), or (c) of Section 52163 if the principal teachers and aides
providing instruction in such programs meet the criteria established
in subdivisions (h), unless waived by the board pursuant to
subparagraph (B) of paragraph (1) of subdivision (c) of Section
52163, and (i) of Section 52163.
In the development of teacher evaluation procedures pursuant to
Article 11 (commencing with Section 44660) of Chapter 1 of Part 25,
the governing board of each school district may ensure that a teacher
meeting the criteria of subdivision (h) of Section 52163 is
evaluated on the basis of his or her classroom performance by an
onsite administrator upon the advice of another person meeting the
criteria of subdivision (h) of Section 52163.

52167. Except as provided in subdivision (b), in classes
established pursuant to subdivision (a), (b), or (c) of Section
52165, not more than two-thirds nor less than one-third of the pupils
shall be pupils of limited English proficiency. The remaining
proportion of pupils in such class shall be pupils of fluent English
proficiency. However, where there is documented evidence that these
proportions cannot be met, the classroom proportions shall, at a
minimum, reflect the proportion of the language proficiency
classification for the particular grade level in the school and shall
not result in segregation. Fluent-English-proficient pupils shall
receive basic skills instruction in English and, to the extent
possible, be achieving at the district norm.
In no event shall the primary purpose of the program be to teach a
foreign language to English-speaking pupils.
The board shall adopt any necessary regulations governing this
section within 90 days after January 1, 1981.
(b) The classroom proportion specified in subdivision (a) may be
modified for the purpose of providing effective instruction for all
pupils in core academic subjects. Pupils of limited English
proficiency participating in programs established pursuant to
subdivision (a), (b), or (c) of Section 52165 shall receive
instruction for at least 20 percent of the schoolday in classes in
which the proportions specified in subdivision (a) are met, and shall
receive instruction in classes with pupils of fluent English
proficiency for an increased portion of the schoolday, as their
English language skills increase.

52168. (a) The superintendent shall ensure that funds appropriated
for purposes of this article supplement and do not supplant
categorical funds allocated from other local or state sources in
meeting the needs of pupils of limited English proficiency.
Categorical aid funds used for the purposes of Section 52165 shall
not exceed, on a per pupil basis, the maximum allowance established
pursuant to subdivision (b) of Section 54004.5 and regulations
implementing that section. Categorical funds used for the purposes of
Section 52165 shall include all state and local categorical aid
funds which are wholly or partially allocated on the basis of the
educational needs of limited-English-proficient pupils.
(b) School districts may claim funds appropriated for purposes of
this article for expenditures in, but not limited to, the following
categories:
(1) The employment of bilingual-crosscultural teachers and aides;
however, funds are available for employment expenditures only to the
extent such personnel are employed in providing bilingual services to
eligible pupils. School districts applying for these funds shall
submit an assurance that personnel hired for this program only
supplement and do not supplant district personnel whose positions are
funded by the district general fund.
(2) The purchase and development of special bilingual-bicultural
teaching materials.
(3) The costs of special in-service training to develop
bilingual-crosscu ltural instructional skills with preference given
to teachers and teacher aides employed as part of the
bilingual-bicultural program.
(4) Reasonable expenses (which may include transportation, child
care, translation services, meals, and training) of parent advisory
groups on bilingual-bicultural education, at the school and school
district level, in the course of their duties as members of the
parent advisory groups. The State Board of Education shall adopt
rules and regulations defining reasonable expenses.
(5) Health and auxiliary services to the extent that they meet the
direct needs of eligible pupils.
(6) Reasonable district administrative expenses including, but not
limited to, costs incurred for the census of pupils of limited
English proficiency pursuant to subdivision (a) of Section 52164.1,
assessments pursuant to subdivisions (b) and (c) of Section 52164.1,
and parent consultation pursuant to subdivision (a) of Section 52173
allowed pursuant to regulations of the board.
(c) Nothing contained in this section shall be interpreted to
authorize school districts to reduce per pupil expenditures from
local, state, or federal sources for the education of pupils of
limited English proficiency.

52169. (a) The requirements for establishing programs mandated
pursuant to subdivision (b) of Section 52165 shall be in effect
beginning with the 1977-78 school year.
(b) Nothing contained in this section shall be interpreted to
authorize school districts to reduce per pupil expenditures from
local, state, or federal sources for the education of
limited-English-speaking pupils.

52170. (a) Each school which has enrolled one or more pupils of
limited English proficiency shall prepare a plan to meet the needs of
pupils of limited English proficiency in attendance in the school.
(1) Only those schools with 10 or more pupils with the same
primary language in a grade level or 20 or more such pupils in the
school and which receive consolidated application funding shall
submit such plans to the superintendent.
(2) Schools with less than 10 pupils of limited English
proficiency receiving consolidated application funding as well as
schools with 10 or more pupils of limited English proficiency not
receiving such funding shall develop and retain their plan to meet
such pupils' needs. Such plan shall be available to the
superintendent and the public upon request.
(b) Schools required to submit plans shall prepare an application
on forms provided by the Department of Education. Such application
shall meet the applicable criteria of the consolidated application
regulations and shall include, in addition, all of the following
components:
(1) Teacher and aide preservice training which will identify and
improve knowledge levels of each teacher and aide in teaching
methodology, bilingual-crosscultural philosophy, and education.
(2) An in-service training program for teachers and aides that is
linked with an institution of higher education, to the maximum extent
feasible, which shall include the establishment of a liaison with a
nearby institution of higher education and the solicitation of help
from such institution in order to upgrade continually the
bilingual-crosscultural education program.
(3) An assurance that all bilingual-crosscultural aides are
provided the opportunity to enroll in a career ladder program leading
toward a single- or multiple-subject teaching credential and a
certificate of competence in bilingual-crosscultural education.
(c) The district's application to the Department of Education
shall include all of the individual school applications.

52171. Each district shall submit annually to the department an
evaluation of pupil progress for every program that has been approved
pursuant to this article in a form and manner prescribed by the
superintendent.

52171.6. (a) The superintendent shall report annually to the
Legislature on bilingual education programs as part of the
multiple-funded program evaluation required pursuant to Section
33403. The superintendent shall coordinate the design of school
district and state evaluations to minimize the data collection and
reporting requirements at the school and district levels. Pupil
performance data for bilingual programs may be collected and analyzed
on a sample basis with appropriate controls for pupil and
instructional program characteristics.
The multiple-funded program evaluation shall include all of the
following:
(1) A summary of district reports submitted pursuant to
subdivision (a) of Section 52170 on the number of identified pupils
of limited-English proficiency, funds from all sources available for
programs to meet the needs of those identified pupils, and the
numbers of identified pupils who are not being provided with services
pursuant to subdivision (a), (b), (c), (d), (e), or (f) of Section
52163.
(2) Information on bilingual programs conducted pursuant to
Section 52165, on all of the following:
(A) The number of limited-English proficiency and
fluent-English-speaking pupils served in the program.
(B) The number of teachers holding bilingual credentials or
certificates of competency, bilingual aides, teachers who have
waivers, and language development specialists.
(C) Expenditures made from bilingual education funds by category
of expenditure.
(D) The number of pupils reclassified and district level
procedures for reclassification pursuant to Section 52164.6.
(E) A summary report of programs conducted pursuant to
subparagraph (B) of paragraph (1) of subdivision (c) of Section
52163.
(3) An assessment of the educational needs of pupils of
limited-English proficiency and the extent to which such needs are
being met from federal, state and local efforts, pursuant to
subdivision (e) of Section 52177.
(4) For pupils learning a substantive amount of the curriculum
through their primary language, basic skills assessment shall be
conducted in the primary language only; assessment of language
proficiency shall be conducted in English.
For pupils learning through both English and the primary language,
basic skills assessment shall be in English; assessment of language
proficiency shall be conducted in English. Pupils participating in
the individual learning plan shall be assessed as appropriate
pursuant to regulations, instruction, and guidelines to be issued by
the superintendent. Assessment of pupils in the primary language
shall be required only to the extent that appropriate instruments are
available.
(5) It is the intent of the Legislature that the evaluation of
programs conducted pursuant to this article shall be designed to
provide the Legislature, the board, the superintendent, and program
administrators at district and school levels with information
necessary to assist in all of the following:
(A) Refining and improving policies, regulations, guidelines, and
procedures on a continuing basis.
(B) Assessing the overall merits of local programs.

52172. Teachers and teacher aides who are not
bilingual-crosscultural teachers and aides, as defined by
subdivisions (h) and (i) of Section 52163, shall not be permitted to
teach in programs authorized pursuant to subdivision (a), (b), or,
unless waived by the board, (c) of Section 52163, except as provided
in Sections 52166 and 52178, or except as staffing requirements are
waived by the board pursuant to subparagraph (B) of paragraph (1) of
subdivision (c) of Section 52163. It is the intent of the Legislature
that the provisions of Section 44955 shall apply to this section.
However, in no case shall a school district dismiss a fully
certificated teacher, who previously taught in the
bilingual-bicultural program pursuant to a waiver granted under
Section 52178, solely on the basis that such waiver has expired. Even
if such person is unable to qualify for a bilingual credential or a
bilingual-crosscultural certificate of competence, he or she shall
retain his or her status, seniority, and rights as a probationary or
permanent employee, as the case may be, for the purpose of serving as
a monolingual teacher in other programs offered by the school
district.

52173. (a) Prior to the enrollment of any pupils in any program
authorized pursuant to subdivision (a), (b), (c), or (d) of Section
52163, parents or guardians of pupils of all potential participants
shall be provided the opportunity for consultation about the
placement of their child or ward in such a program. To achieve this
purpose, the governing board of the school district in which the
pupil resides shall notify by mail or in person the parent, parents,
or guardian of the pupil of the fact that their child or ward will be
enrolled in a program of bilingual education. The notice shall: (1)
contain a simple, nontechnical description of the purposes, method,
and content of the program in which their child or ward will be
enrolled; (2) inform the parent, parents, or guardian that the
parent, parents, or guardian have the right and are encouraged to
visit such classes in which their child or ward will be enrolled and
to come to the school for a conference to explain the nature and
objectives of such education; (3) further inform the parent, parents,
or guardian that they have the right, if they so wish, not to have
their child or ward enrolled in such an education program; (4) inform
the parent, parents, or guardian that they have the opportunity to
participate in the school or school district advisory committee, or
both. The written notice shall be in English and in the primary
language of the pupil.
(b) Any parent or guardian whose child or ward has been or will be
enrolled in programs authorized pursuant to subdivision (a), (b),
(c), or (d) of Section 52163 shall have the right, either at the time
of the original notification of enrollment or at the close of any
semester thereafter, to withdraw his or her child or ward from the
program, by written notice to the principal of the school in which
his or her child or ward is enrolled.

52174. Nothing in this article shall preclude the participation by
an individual school district in a consortium or a cooperative in
order to provide support and contract services to school districts
that receive funds for the purposes of this article.

52175. A school district governing board may allow a nonresident
pupil of limited English proficiency to enroll in or attend its
program authorized pursuant to subdivision (a), (b), (c), or (d) of
Section 52163 subject to Chapter 5 (commencing with Section 46600) of
Part 26, if the tuition of the child is paid by the school district
in which the pupil resides.

52176. (a) Each school district with more than 50 pupils of limited
English proficiency shall establish a districtwide advisory
committee on bilingual education. Parents or guardians, or both, of
pupils of limited English proficiency who are not employed by the
district shall constitute a majority of the committee, unless the
district designates for this purpose an existing districtwide
advisory committee on which parents or guardians, or both, of pupils
of limited English proficiency have membership in at least the same
percentage as their children and wards represent of the total number
of pupils in the district, provided that a subcommittee on
bilingual-bicultural education on which parents or guardians, or
both, of pupils of limited English proficiency constitute a majority
is established. The district advisory committee and subcommittee, if
applicable, shall be responsible for at least six specific tasks.
These tasks shall be to advise the district governing board regarding
all of the following:
(1) Establishment of a timetable for development of a district
master plan for bilingual education.
(2) Districtwide needs assessment on a school-by-school basis.
(3) Establishment of district program goals and objectives in
bilingual education.
(4) A plan to ensure district compliance with the provisions of
Section 52178.
(5) Administration of the annual language census.
(b) Each school with more than 20 pupils of limited English
proficiency shall establish a school level advisory committee on
which parents or guardians, or both, of such pupils constitute
membership in at least the same percentage as their children and
wards represent of the total number of pupils in the school. The
school may designate for this purpose an existing school level
advisory committee, or subcommittee of such an advisory committee, if
the advisory committee, or subcommittee where appropriate, meets the
criteria stated above.
(c) Each school advisory committee maintained pursuant to this
section shall be responsible for advising the principal and staff in
the development of a detailed master plan for bilingual education for
the individual school and submitting the plan to the governing board
for consideration for inclusion in the district master plan. It
shall also be responsible for assisting in the development of the
school needs assessment, language census, and ways to make parents
aware of the importance of regular school attendance.
The Department of Education shall develop guidelines for the
selection of advisory committees established or maintained pursuant
to this section by May 1, 1981.

52177. Out of funds appropriated for these purposes, the
superintendent shall administer this article. The responsibilities of
the superintendent in administering this article shall include, but
are not limited to, ensuring all of the following:
(a) Sufficient bilingual personnel are available within the
department with familiarity, competency, and proficiency in
bilingual-crosscultural instruction to meet the needs of this article
and to administer, review, monitor, and evaluate the use of state or
federal categorical aid funds allocated to local districts which
have been wholly or partially allocated on the basis of the
educational needs of pupils of limited-English proficiency.
(b) Department personnel responsible for the administration,
review, monitoring, or evaluation of programs operating pursuant to
this article have been sufficiently trained to carry out the intent
of this article to meet the needs of the pupil of limited-English
proficiency.
(c) There is within the department an administrative unit
responsible for bilingual-bicultural educational programs and
policies through which the superintendent shall carry out his or her
functions pursuant to this article.
(d) Districts are providing each pupil of limited-English
proficiency with an educational opportunity equal to that available
to English-speaking pupils; they are making appropriate use of local
and state general funds to provide bilingual-crosscultural teachers
and other required services; and an annual report is made to the
Legislature regarding the extent to which this article has been
implemented by school districts throughout the state. All districts
in which pupils of limited-English proficiency are enrolled shall be
reviewed through an onsite technical assistance, monitoring, and
enforcement process at least once every three years.

52178. All principal teachers providing instruction in programs
defined by subdivision (a), (b), or, unless waived by the board, (c),
and insofar as teachers are available, (d) of Section 52163 shall be
bilingual-crosscultural teachers as defined pursuant to subdivision
(h) of Section 52163, or shall be bilingual in English and the
primary language of the pupils of limited-English proficiency in the
bilingual class and hold an internship credential or an emergency
bilingual-crosscultural credential.
In recognition of the shortage of qualified
bilingual-crosscultural teachers, a school district may request a
renewable two-year waiver from the board for each teacher who is not
bilingual-crosscultural but who is enrolled and participating in a
program leading to a bilingual specialist credential or a certificate
of competence for bilingual-crosscultural instruction pursuant to
Section 44253.5. Such a teacher, with the assistance of a
bilingual-crosscultu ral aide, may teach in a program of bilingual
instruction mandated by Section 52165 for not more than four school
years, except as otherwise provided by this section, commencing with
the first year that the teacher was under waiver, so long as
continuing progress toward the certificate of competence is indicated
in accordance with this section.
Each school district which requests waivers shall file its
application for such a waiver with the State Board of Education on or
before October 1 of the appropriate year, and shall give assurance
that all teachers receiving such a waiver are, or will be,
participating in, and fulfilling the requirements of, an appropriate
program, as specified in this section, leading to a bilingual
specialist credential or a certificate of competence for
bilingual-crosscultura l instruction pursuant to Section 44253.5
during each of the school years for which the waiver is granted, and
shall state who is in charge of the program and which institution or
district is conducting it. Existing state and federal staff
development funds may be used for training and assessment leading to
a bilingual specialist credential or a bilingual-crosscultural
certificate of competence. The district shall further assure that all
teachers receiving such a waiver have been notified in writing by
the school board as to their obligations while under waiver.
The waiver application shall list the names of the teachers who
are to receive the waiver, the school to which they are assigned, and
the date by which the teacher is expected to obtain a bilingual
specialist credential or the certificate of competence. Each
district, whether or not it requests a waiver, shall report the
number of classrooms for which a bilingual teacher is required
pursuant to Section 52165, the total number of certificated
bilingual-crosscultural teachers employed by the district in
classroom positions, and, in the event the district requests a
waiver, the total number of teachers for whom a waiver is being
requested. If a district hires new teachers, no waiver shall be
granted unless the board finds that the district made a good faith
effort to contact, recruit, and hire bilingual-crosscultural
teachers.
It is not the intent of the Legislature, by amending this section
in the 1979-80 Regular Legislative Session, to expand the
requirements for the certificate of bilingual-crosscultural
competence.
For purposes of this section, programs for the study of language,
culture, and methodology offered by accredited postsecondary
institutions shall be approved and regulated by the Commission on
Teacher Credentialing. Courses for the study of language, culture,
and methodology established by the State Department of Education
pursuant to Article 4 (commencing with Section 52180) of Chapter 7 of
Part 28 shall be approved by the State Department of Education and
shall be deemed appropriate. All other courses for the study of
language, culture, or methodology offered for bilingual teachers on
waiver shall meet the standards and criteria published by the State
Department of Education. The department shall adopt standards and
criteria for training programs in language, culture, and methodology
for teachers on waiver lacking competencies in those areas.
District applications for initial waivers to commence on or after
July 1, 1984, and applications for two-year renewals, shall include
certification by the district that the applicant is enrolled in or
will be enrolled in an approved language, culture, or methodology
course or a course for the study of language, culture, or methodology
that meets the standards and criteria adopted by the State
Department of Education, and certification by the employing school
district or education agency that the applicant teacher is making the
following progress toward meeting the requirements for the
bilingual-crosscultural certificate of competence:
(a) For the teacher who is just entering the bilingual program: no
requirement.
(b) For the teacher beginning his or her second year on waiver:
(1) competence in language, culture, or methodology, as required by
subdivision (a), (b), or (c) of Section 44253.5, and (2), for the
teacher who is not competent in language, enrollment in a program for
the study of language which is approved by the Commission on Teacher
Credentialing or enrollment in a course for the study of language
which is established or approved by the State Department of
Education, or a program which meets the standards and criteria
prescribed by the department under this section.
(c) For the teacher beginning his or her third year on waiver: (1)
competence in language as required by subdivision (a) of Section
44253.5, or (2) continued enrollment in a program for the study of
language which is approved by the Commission on Teacher Credentialing
or continued enrollment in a course for the study of language which
is established and approved by the State Department of Education, or
a program which meets the standards and criteria prescribed by the
department under this section.
(d) For the teacher beginning his or her fourth year on waiver:
(1) competence in two of the three areas required by Section 44253.5
and (2), for the teacher who is not competent in language, continued
enrollment in a program for the study of language which is approved
by the Commission on Teacher Credentialing or continued enrollment in
a course for the study of language which is established and approved
by the State Department of Education, or a program which meets the
standards and criteria prescribed by the department under this
section.