English Learner And Immigrant Pupil Federal Conformity Act - General Provisions - CA Education

Section § 430

This law is called the English Learner and Immigrant Pupil Federal Conformity Act. Its main goal is to make sure students who are not fluent in English get the help they need to succeed in school, in line with federal laws. It reflects a part of the No Child Left Behind Act and aims to guide schools in meeting federal standards and utilizing funding correctly. The law specifically applies to schools that receive federal funds under Title III of the No Child Left Behind Act.

(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.

English Learner Immigrant Pupil Federal Conformity instructional services limited English proficiency educational opportunities Title III No Child Left Behind Act local educational agencies funding formulas federal requirements curriculum access instructional support U.S.C. Sec. 6301 pupil achievement

(Amended by Stats. 2003, Ch. 62, Sec. 30. Effective January 1, 2004.)

Section § 435

This section defines key terms used in the context of California's education laws. An "English learner" is a student not born in the U.S. or whose first language isn't English, and they struggle with English enough to affect their schooling and societal participation. An "immigrant pupil" is a student born outside the U.S. who's been in the American school system for three years or less. It also references the "Federal No Child Left Behind Act of 2001," which is a significant educational law.

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.

English learner pupil of limited English proficiency immigrant pupil language barriers state assessments language of instruction U.S. school attendance education achievement No Child Left Behind Public Law 107-110 native language proficient level educational participation school integration kindergarten to grade 12

(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)

Section § 440

Local educational agencies must provide English learning programs for students who are not fluent in English, following federal regulations. Parents must be notified within 30 days of the school year about their child's English proficiency assessment. The notice should explain why the child is classified as limited English proficient, their level of proficiency, and details about the available instructional programs. It should also inform parents about their options to enroll or opt-out of the program, and provide guidance if multiple programs are available.

(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.

English language proficiency limited English proficient immigrant pupils parental notification instructional services program details individualized education plan opt-out options alternative programs federal requirements English development instruction assessment notice educational needs secondary school graduation program exit requirements

(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)

Section § 441

If a school district gets federal money for a language program but doesn't meet certain yearly goals, it must notify parents or guardians of affected students within 30 days.

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.

local educational agency federal funds language instruction program annual pupil achievement objectives inform parents guardian notification 30 days fiscal year progress failure pupil identification Section 7012 Title 20 US Code

(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)

Section § 442

This section states that if a local school district in California sees a big jump in the number of immigrant students compared to the last two years, it might qualify for federal funds. To get this money, the district must plan to use it to help these students learn English and achieve the state's educational standards.

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.

immigrant pupils local educational agency federal subgrant significant increase State Department of Education immigrant student education learn English academic content standards pupil achievement education funding state academic standards eligibility for subgrant increase in immigrant students U.S. Code Title 20 education improvement

(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)

Section § 443

This law explains that a local educational agency in California, which wants to receive certain federal education funds, needs to submit a detailed plan to the State Department of Education. The plan must outline the programs for limited-English-proficient students and show how these programs will help meet annual achievement goals and English proficiency standards. Schools must be held accountable for progress, and there should be a focus on involving parents and the community. The plan also needs to include collaboration with teachers, administrators, and possibly other educational groups during development.

(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.

local educational agency subgrant limited-English-proficient students English proficiency achievement objectives state academic standards parental involvement community participation language instruction education programs annual measurable achievement adequate yearly progress education plan consultation federal education funds accountability

(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)

Section § 444

This law requires local educational agencies receiving certain federal funds to confirm that all teachers in language instruction programs for students with limited English proficiency are fluent in English and any other language they teach. This includes having strong written and oral communication skills.

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.

language instruction limited English proficiency teacher fluency federal subgrant No Child Left Behind Act bilingual education teacher certification oral communication skills written communication skills local educational agency Title III funding education plan requirements bilingual program funding

(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)

Section § 445

This section clarifies that the rules in this chapter don't override or replace state laws or the authority of the State Department of Education in California. Essentially, state law and the state's educational authority remain unchanged by this chapter.

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.

state law supersede negate State Department of Education legal authority educational authority Section 6846 United States Code federal law relationship state education law chapter rules California education authority title 20 interpretation of laws state versus federal

(Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)

Section § 446

This law states that when applying for certain Title III funds, the smallest grant that the Superintendent of Public Instruction can give out is $10,000. Local school agencies can team up to apply together as a group or consortium as long as their combined grant request meets this minimum amount. Only specific groups, as defined by federal law, can form such a consortium. If a consortium applies for a subgrant, it will be given to the lead agency to manage for all members. The consortium members must create and agree on a plan in writing about how they will use the funds together.

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.

Title III funds subgrant minimum local educational agency consortium application lead educational agency memorandum of understanding federal compliance program implementation fund allocation collaborative application

(Amended by Stats. 2003, Ch. 62, Sec. 31. Effective January 1, 2004.)