to accompliShthle ta,bkz7-ptomp-tedthe-1-t-hougt-t-thz t ... · ta,bkz7-ptomp-tedthe-1-t-hougt-t-thz_t_it_wauld. be. pro. helpful to the bilingual education:community, and those administratively

DOCUMENT RESUME FED 142 053 FL 008 713

TITLE Inventory. of Plilingual Education Provisions in State% Legislation. Study of State Progtams in Bilingual.

Education, Supporting Volume fII. .-...-.

INSTITUTION Development Associates, Inc., Washington', D.C. .

,SPONS AGENCY Office of Education (pHEW), Washington, 'D.C. Officeof Planning, Budgeting, and Evaluation.

PUB DATE Mar 77CONTRACT HEW-300-75-0353 .

NOTE 146p.; For relat=ed documents, se-a. FL 008 714-716

,

EDRS PRICEDESCRIPTORS

MF-$0.83 HC-$7.25 Plus Postage.,*Bilingual Education; Educational Objectives;Elementary Secondary Education; *Language Progi.ams;

State,Aid; *State Legislation4 *State Programs .

ABSTPACTA review and analysis was conducted of state ptograms

in bilingual education for the purpose of describing authorizinglegislation, identifying program goals, objectives and mandated or

ccs; defining program requirements for -

staff qualifications, training activities, materials.development andtechnology and study/teacher ratioS. The leqislative;review necessaryto accompliShthle ta,bkz7-ptomp-tedthe-1-t-hougt-t-thz_t_it_wauld be

pro

helpful to the bilingual education:community, and thoseadministratively involved with this community, if all the majorprovisions of existing state legislation supporting bilingual.instruction in the Nation were contained in one volume. Thissupporting volume.of the final report for th,e Study of.State Programsin Bilingual Education iS a result of this. For each of the 50 statesplus American Samoa,.Guam, Puerto Rico,ythe Trust Territory of the'.

Pacific Islands, and the Virgin Islands, it contains data andinformation relating to: (1) whether or not bilingual instruction'isPermited, mandated or prohibited; (2) the identity of the state'sbilingual instrdction authority;'(3) the prime goal of the state'stilingual education program; (4) the amount of state fundsYappropriated for support of bilingual education during the:,1975.7.1976

school year; and (5) the major governing conditions iMposed by thestate's legislative authority for the implementation of bilingual

instruction. (AufM3r/CFM)

4c*****###*#*##***********####*##*##*#####**#############****##* \ Documents acquired by ERIC include many informal unpublishedA

* materials not avlable from other sources. ERIC makes every effort *

* to\obtain the best copy available. Nevertheless, items of marginal *-

* repr ducibility are often encountered and this affects the quality *

* of th microfiche and hardcopy reproductions ERIC makes available *

* via th ERIC Dqcument Reproduction Service (EDRS) . EDRS is not* responsi le for the quality of the.original document. Reproductions *

* supplied y EDRS are the best that can be made from the original.***********************************************************************

a

,r

U S DEPARTMENT DE HEALT`OEDUCATION & WELf ARENATIONAL NSTiTL}"tE

EDUCATION

-SupPorting Vo ume HI

of

A Study ofState Programs

in BilingualEducation

, A L

Fr!! ! fI!.!..t'tI,',',TA 'ED Zer! ,!

e te,efP Ot- !C ,NAF !!"!,EDuCAT!C)N Pe!!

I" L. C

nventory ofiiingualtEducationrovisions inate Legislation

^

evelopment Assodates, Inc.21 New HampshireiAve., N.W..ashington,,D.C:

archl.1 977

it

I

'!':ii I! i:,!e

\

INVEI1TORY OF BILINGUAL EDUCATIONPROVISIONS IN STATE LEGISLATION

SUPPORTING VOLUME.III

OF

"A STUDY OF STATE PROGRAMSIN BILINGUAL EDUCATION"a

Under Contract No. HEW-300275-0353

-

Submitted To:

OFFICE OF PLANNING, BUDGETING, AND EVALUATIONU.S. OFFICE OF EDUCATION

DEPARTMENT OF HEALTH, EDUCATION, AND irELFARE

tz

Submitted-By:

DEVELOPMENT ASSOCIATES, INC.1521 New Hamphire Avenue, N. W.Washington, D. C. 20336

March 1977

DEVELOPMENT ASSOCIATES, INc..

TABLE OF CONTENTS

INTRODUCTION

PART I- Status° and Summary of the Provisions Contained in StateBilingual Instruction/Education Legislation

6

PART II- Individual Inventory of Bilingual Education Provisions inCurrent State Legislation Governing Education

State Page State

AlabamaAlaska.American SarrioaArizonaArkansasCalifornia

7

89

101112

NebraskaNevadaNew HarnpshireNew JerseyNew MexicoNew York

Colorado 1 5 North Carolina_Connecticut 1 7 North Dakota

Delaware 18 OhioFlorida 19 OklahomaGeorgia 20 OregonGuam' 21 PennsylvaniaHawaii - 22 Puerto RicoIdaho 23 Rhode IslandIllinois 24 South CarolinaIndiana 26 South DakotaIowa 28 TennesseeKansas, 29 TexasKentucky 30 Trust TerritOry.

Louisiana 31 of Pacific IslandsMaine 32 UtahMaryland 33 VermontMas sachu sett s 34 VirginiaMichigan 36 Virgin IslandsMinnesota 37 WashingtonMis sissippi 38 West VirginiaMis souri 39 WisconsinMontana 40 Wyoming

Page,

It

1

6

Page

.4142434446474495051

52535455575859

, 6062

.6364656667686971

ft iJDEVfLOPMENT ASSOCIATES, INC.4

INTRODUCTION

Development A ssociates Inc. , conducted a review and analysis of stateprograms in bilingual education for the purpose of describing authorizinglegislation, identifying program goals, objectives And mandated or prohibitedapproaches or-practices; defining program requirements for staff qualifications,training activities, materials development and technology and study/teacherratios. The legislative ie view necessary to accomplish these tasks promptedthe thought that it would be helpful to the bilingual eduEation community, andthose,administratively involVed with this community if all the major provisionsof existing state legislation suppoyting bilingual instguction in the Nation werecontained, in one volume. This supporting.volume of the final report forthe Study of,State Programs in Bilingual Education is a result of,this. Itcontains for each of the 50 states plus American Samoa, Guam, Puerto Rico,the Trust Territory of the Pacific Islands, and the Virgin Islands data andinformation relating tof,

Whether or not bilingual instruction is permited, mandated orprohibited;

The identidy of the state's bilingual instruction dull arityl

The prime goal of the state's bilingual education program;

The amount of state 4inds appropriated for support of bilingualeducation during the 19.75-1976 school year; arm:.

.The major governing conditions imposed by the state's legislativeauthority for the implementation of bilingual instruction.

To define the status of bilingual instruction as peimitted, mandated orprohibited in states silent on the subject of bilingual instruction-in theirschools, the study staff, after due consideration of the study's intent andfaced with the fact that the silent states tacitly permit bilingual instructionin their schools, opted for recording these states as "permitting" bilingualinstruction.

In undertaking this work the study. staff found it necessary to attribute specificinterpretations to the meaning of certain words used iri the legislative textsreviewed. It was found that without making such interpretations the workcould not be completed. We recognize that other individuals may attachother interpretations to the words in legislative texts and that these inter-pretations might be in conflict with those contained herein; in such cases thisvolume at least serves as a useful beginning.

DEVELOPMENT ASSOCIATES, INC.

The tnforrnation in -this volume is ,current as of December 1976. Sincemid-1975, seven states have changed their posture with regard to bilingualeducation -- California, Colorado,.Indiana, Iowa, Louisiana, Utalr, a.ndWisconsin. Other states, e.g., Missouri, have tried to change but theproposed legislation failed to pass.

The data are presented in two parts: Part I : Status and Summary of thePr:ovisions Contained in.State Bilingual Instruction/Education Legislation(in the form of f4p,ur tables) and Part II : Individual Inventory of BilingualPz:ovisions in Current State Legislation Governing Education by State.

11


0.

PART I 41

Status and Summary of the Provisions Contained inState Bilingual Instruction/Education Legislation

DEvELoPmwr Assomans,

P .

STATUS AND SUMMARY OF PROVISIONS CONTAINED IN STATE BILINGUAL INSTRUCTION/EDUCATION LEGISLATION

Bilingual Instrpction Code

iv u

to IIV Z

if

(1) Prohibited ,...-.,,,4.

, 144 . o 0 '4 14

(Z)c Permitted 4... r c - c 6 Li;

a ..,

,... , c 0 , o co 1

) o , 4 I 4. "c'

(3) Mandatory I, ... ...4 (.I t: t; 4 4

fili 0 4 1 2 ^ z VV " V ".

... V 4 0

4 4,11 4 0 4.V .4,0

(4) Silent ... u u4 5 41 13 4

'1/ ' 0C C

t .Q.. ..4°4., .., v c

o:3, 6 0 1 . c

14 2 .4, V 4 .17 1 00 to r4 .'''' 00 .4' 61) :7 ..' 1 41 4 ." 4

STATE ;:: 4 : i.,..:f 5 ' 4.' C 0 i(j cw02 CY ii: C S

RI

4 1) ,v. 4

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Conntiticut

Delaware

Florida

Georgia

Hawal

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetto

Michigan ,

Minnesota

Mississippi!

hliesouri

0

X

ICX

X

X X

X X

X

_

o

/

X

X XX X

X

X X

X

X (3)

X

X

(2 N

(i)

(2)

(4)

(4)

(I)

(3)

(2)

(2)

(2)

(.4)

(2)

(2)

(4)

(3) -

(3)

(2)

(4)

,STATUS AND SUMMARY OF PRtQ CONTAINED IN STATE BILIIVGUAI4,INSTRUCT a /EDUCATION LEGISLATION,

lEinglialInstruct.E Z.;,v v

.(1) 'Prohibited. -s, 4 .

4 ,; .: b zle.

I'o - c , ., , 4 p4 ..' 0 0 ..U .. I C .

4(Z) Permitted

1 .,..o 17 4

4 go ...c o

c .c c1 '.9''

E 1, 4on

50

-,C

.. .

4 . C i?0

4.P U' .4 .4 4 ..

(3) Mandatory 1 2., 0 .5 t,'

v, 4 0 .i.."

i.i''.4.S

7 o :c : 4 4 14 '1 .4

.2 ...4.1 4 4 7 4 0 4

k.' 24 ;%

I 04.(4) sika .,

o 0. .b 67

c b A .c 0 / 0

4. 12, ''4 c 4, ,.0 ',.. 1 .,, 0

41,

u ..c4 c/3

0 4.; ...4 ,,T 0 t 11.47 . 14 Z'

V 4' / 1, 4 1 7 (1w po

- ', 4

STATE .o.; i,z,,,4 if 4 4 0 4 Olz 00 0'44C 4 5,.2 44. VP,.V 4 't4 .. ,,,,,,, 4)

0 49 iN 41 4 , a 4 4 4 0 4 `) v 4 4 14-

Montana

Nebraska

evada

I New Iiampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio.

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

Sonth Dakota

. Tennessee

Texas

Utah ,

Vermont

Virginia,

Washington

West Virginia

' Wisconsin

Wyoming

TOTAL:

t9

X

X

X

X

19

*

10 7

X

9 7

I

X i X

X .1 X,

4.

X

5 9

e

X

6

X

X X

7 2

STATUS AND SUMMARY OF ?RCM IONS CONT

Bilinju.:.1 instruction Code 4 04

.0 u . 0(1 I Prohibited u c c 4 4 >

Z olto to o 0 13

4 \ IIi:C 0 (. N N u k" 4 4(2) Permitted is. .., , iv 1.,

1/41 1/41 '2.. . (10:: .1.10 i

4 ..00 /

A. CP... f; N N 4 NI 0 N

, 1(3). Mandatory c f, a a '0... 4 2... ''' 1 i o : o 0

4 U 4 '4 -7 ".0 C' C fi 4 V 4 0., .., OS

(4) Silent o o ., o o 'P, o .1. 1/4, ,k .... ,... s. ,.. 1/4. s, 1/4. s. IV Ci

' 40 Ck 'V 0 4 CV 0 4 ks C

ITI .1tq 0 ,0 0 0 I, 0 Z 0 D

4.: 4

i ::'. 'ft17 P .4 517 a is*r,

o cf 4 00 6>

.Y C0 4

STATE4 ."17 ;' 4: ° ''',. 4 0 1

A 0 A

l' c/. o l o 4 1.1 4 v 4 U ivzsi u 4. li

TATE Bl' 'DUAL INSTRUC ON/EDUCATION LEGISLATION ,

e ,Alabama

,Alaska

Arizona

TAikineas

CaliforniaL_

.Colorado

Conriecticut

.Dielaware

',Corea

Hawaii

Idaho

llihois

India,na

Iowa

Kansas

Kentucky

Louie iana

Maine

,

Massachusette

Mlehigan

Minnesota

Mississiipi

Missouii

1:2

X

0

4 4II 2

>%

I.

X X .

X / X X

X

4 i3

X

X

(2)

(4)

(4)

(1)

(3)

(2)

(2)

(2)

(2)

(2)

(2)

(4)

(3)

(3)

(2)

(9)

(4)

STATUS AND SUMMAR OF PROVISIONS CONTAINED IN STATE BILINGUAL INSTRUCTION/EDUCATION LEGISLATION,

Bilisgual Instruction Code

(I) Prohibited _

AZT Permitted:

(3) Mandatory

(4) Silent

STATE

Montana

Nebraska

CV d

4 0\V i I

.04 vC 4

1 T 0 1.1

C V 0 hv. .. ', / 4 ,..,

re C iti u 0

150 LI Cr v \ " V

(2 \ V`.., 4 z 3 : 4)

'" 400

4 C C c C l 4 .130 0 'g 0 1/41.1 i

... 4 i

g1T. rd rd 0(9,0,0 0 0 I,

4 -, -ti Z i: 4.5) Z 0 Ili

ti 4 ,01.' cr. r ¶ t) 4 IN

I

4

New Hampshire

New Jersey

New Mexico

New York

,North Carolina

North Dakota

,Ohio'-

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia11.

Wnhington

West Virginia

Wisconsin

Wyoming

TOTAL:

X X X X

X

X I. X X X X X

X

4 2 10 13

a

PART II'

Individual Inventory of Bilingual Education Provisions inCurrent State Legislation GoVerning Education

16

-


INVENTORY. OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNINd

EDUCATION

State

Instruction in a

Second Language:

Governing Conditions

and/or Remarks

Alabama PROHIBITED - Not authorized; instruction in the first six grades permitted

(See'Note 1) in English only

Bilingual Education Authority:

Section 498, Title 52,

Alabama Code

.Bilirigual Education Goal:

None defined

Funds Appr.opriated in Support

of Bilingual Education:

(1975-1976 School Year)

None

Note 1: Prohibited in grades 1 through 6 only

\INVENTIRY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNING

EDUCATION

Instruction ;,n

State SecOnd Laquale:

Alaska MANDATORY (if).,

Bilingual Education,Authority:

Section 14. 30. 400 and

acAlq, Article 4Alaska

School Law

Bilingual Education Goal:

None defined. Department of

Education regulations define an

enrichment language arts and

cultural progrim

Funds Appropriated in Support

, of Bilingual Education:


Governing Condition's

and/or Remarks

8 Or more students are limited English speakers

0

- Grades Included: Undefined

- Duration: Undefined

- Mandates a cultural component

- Providei slipplementary'State funds for the schools involved

- Provides for adrninistratiofi and coordination elements, i. e. ,

Statewide Bilingual/Bicultural Education Center

Authorizes the Department of Education to develop and adopt

regulations, governing bilingual-bicultural education in the

'State's schools,

9 $638,000

1 i

INVENTOR Y OF BILINGUAL EDUCATION PROVISIONS IN'CURRENT STATE LEGISLATION GOVERNING

EDUCATION

State

Instruction in a

Second Lansuage:

American Samoa PERMITTED


No statutory provisions

recorded


None defined

Local Jurisdiction Funds Appropriated



$181, 700

'Governing Conditions

and/or Remarks

Note 1: Instruction in a language other than English is neither

prohibited nor mandated, Therefore, it is assumed such

instruction is ilirmitted.

Note 2: .Nr, formal teaching of the Samoan language was imple-

mented prior to the establishment of an ESEA Title VII

Bilingual Education Project in 1975

Note 3: EngliSh is the language of instruction in Samoan schools.

As a matter of Department of Education p lic!r the

'Samoan language has been used for the p.jast ten years to

facilitate English instruction

Note 4: On February 26, 1975,,, the 8am' oan Legislature passed

a concurrent resolution expressing its hill support of the

bilingual-bicultural education program (ESEA Title VII)

and. requesting its rapid-and completOmplernentation

21

INVNTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATIOil daVERNING

pEATION

.. State...

Arizona

Instruction in a4

Second ua e:

PERMITTED

}]LsallusLoiaiAuthor it

Title 15Artic1e X, Revised

-S4Iiip,s, "Bilingual Instruction

and SpeciatEnglish Training"

ual Education Coal:

Transition, Home language to

English, in the early grades,




23$850,000

41


and/or Remarks

- At local option with State Educational Agency (SEA) approval

- Grades Included: Common school (1st through 8th grade),

.Grades 1 through 4 have funding priority',

- Duration: 4 years per student, maximum

- Provides for yealyevaluation.of studentein the program

Provides for certification of bilingual education teachers

- Provides supplementary Statequnds fOr the schools involved

($50 per pupil maximum)

- Provides for yearly SEA reportr to the. legislature

- Provides for participation between school districti

r0

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNING'

EDUCATION

I.

,

Instr,uction in a Governing Conditions

State SecoTid Languaki and/or Remarks .

Arkansas PROHIBITED - Not authorized; iris"tri_Jc_tionLpemitted-ttrEilgrah only

(See Note l)Provides for a $.25 per day' fine for using anything but English

language for instruction 4

BilingUal Education Authotty:

Section 80-1605; Arkansas Statutes

Education Goal:

None defined

'Funds ppropriated ia Support

of 13ilingu4 Eilucation:


None-

e.

Note 1: Pr,ohibited in all common school branches in all

.schools of the State

INVENTORY OF BILINGUAL ErlUCATIO11 PRi VISIONS IN CURRENT STATE LEGISLATION GOVEkNING

. IEDUCATION

Instruction in a Gov erning Condition___:.

and/or Remarks

California MANDATORY (if) .

Bilingual EduCation'Authority:

Sections 5768, 2, 5768, 6; .5769,

5769. 4 and Chapter 5.,76,

Division 6, California Education

Code

Bilin ual Education Goal:

Transition: Primary language

to English

Funds Appropriated in Supportof Bilingual Education:


. $9, 075,000

I

.Kindergarten'through 6th grade:

a, 10 or more non-English speaking pupils br 15.or'more

limited English speaking pupils iith.the Same primary

language and in the same grade evel, or 10 or more

non-English.speaking pupils or 0 or more limited

English speaking pupils with, the Same primary language

and in the same age group, in a multigrade or ungraded

instructional environrhent, are enrolled

,

b. The census indicates that any school of a school district

has 10 or more limited English speaking pup' ils with the

same primary language in the same grade level, or 10 or

more limited English speaking pupils with the same pri-

mary language in the same age.group; in a multigrade or

ungraded instructional environment, are enrolled

FUrder,

c. In kindergarten and grades 1 thro'igh 12 limited English

speaking pupils who are not enrolled in 'partial bilingual

instruction', 'full bilingual instruction', or 'bilingual-

bicultural education' (all defined in text) shall receive the

services provided for in an 'individual learning program'

(also defined in text)

- Grades Included: Kindergarten through lift) grade

Duration: Undefined, appears to require that bilingual

instruction continue until transition is completed

14

, INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT S'iATE LEGTSLATION GOVERNING. ,

EDUCATION

State

Instruction in a

Second Langais

'Califoinia (Continued)

29

Governing 6ditions

and/ r R marks

Provides for yearly 'limited English spealce 1-1 census and

mandates uniform census-taking methods throughout the

State. Outlines general methodology

- Provides for yearly evaluation of students in tbe program

Requires a formal*LEA application


Requires parental consent for enrollment*Of minors

Provides for participation'of monolingual English speakers

Prohibits segregation of students for any reason

- Provides for certification of bilingual education teachers

Allows bilingual teacher certification waivers

Provides for the use of teacher aicles and generally defines

mandatory qualifications"

PrOvides for Parént/Community involvement

- Provides supplementary State funds for the schools involved

P.rovides.for..adrainistration and coordination elements, i. e. ,

School Level Advisory Committees and DOE Bilingual

Education Program Administrative;Unit

- Generally otitlines methodology for phasing out. old legislation

and implementing the new legislation

INVEI4TORY OF BILIIIGUAL EDUCATION PROVISIONS IN CURRENT STATEIEGISLATION GOVERNING

EDUCATION'

Instruction in a Governing Conditions

State ; . Second Languaie: and/br Remarks

California (Continued) - Mandates yearly LEA reports to SEA and SEA reports to,

,

the legislature i

%.0

31 k

Provides for participation between school districts

- Provides for yearly evaluations o the. program

Establishes a Bilingual Teacher evelopment Grant Program

Provides for development of design and development of a

comPrehensive language 3,nd culture curriculum for teachers

already certificated

- Mandates a Bilingual-Crosscultural Teacher Directory at '

SEA level

32

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENTTSTATE LEGISLATION GOVERNII1G

EDUCATION

Iristruction in a

State Second Language:

Colorado MANDATORY (if)

'Elducation Authority:

Article 24, Title 22, Colorado

Revised Statutes of 1973,

amended in 1975


Transition. Home language to

English ,




$2,350,000

33

Ooverning Conditions

and/or Remarks

- 50 or more 3tudents are limited English speakers

- Grades Included: Kindergarten through 3rd grade

- Duration: 4 years per student

I

- Provides for yearly 'limited English speaker' census

Require a forMal Local Education Agency azkapplication

Mandates a cultural component

- Requires parental consent for enrollment of minors

- Provides for participation by monolingual English s'peakers

- Prohibits segregation of students for any reason

- Prohibits comingling of disparate ap or achievement students

- Mandates appointment of Directors of Bilingual Eduation,at LEA

Prov.ides for certification of bilingual education teachers and

encourageS the used certificated bilingual education teachers

- Allows bilinguil teacher utilizatio,n waivers

I .

- Provides for the use of teacher aides

- Provides for use of community coordinators

1111IMINIMIMI.I.I.Inem.Y=MIOwlmm .1m I

INVENTORY OF BILINGUAL EDUCATIONSPROVISIONS IN CURRENT STATE LEGISLATION GOVEilNING

EDUCATION111.0111111.ma.,


State Second Lankuage: , and/or Remarks

Colorado (Continued) - Provides for Parent/Community involvement

a. - Provides supplementary State funds for the schools involved

- Provides for adminiitration and coordination elements i. e. ,

State Bilingual-Bicultural Education Steering ComMittie and

DOE13ilingual-Bicultural Education Unit

- Outlines methodology/for implementing the legislation

- Provides for yearly State Educational Agency (SEA) reports

to the legislature

- Provides for tutorial grants for 1children identified under

Title VI, Civil Rights Act

- Provides for participatio 'between school districts

- Provides financiakup'port for development of bilingual

education staff //(

a

3 6

..

INVENTORY OF BILINGUAL EDUCATION PROVISION'S IN CURRENT STATE LEGISLATION -GOVERNING

EDUCATION

,

Instruction in a

State Second 'Language:

Connecticut PERMITTED


Section 10-17,Chapter 164,

Title X, State Educational Code

Bilingual Ethication Goal:

ransition, Home language

t 'English


(1975-1976 Sch,001 .-14ar)

$320 800

3 7

Governing Coqditions:

and/or Remarks

At local option without State Educational Agency (SEA)

approval providedthe purpose is transition

.Grades Included: Any level of public ichool, instructioa,

Duration: Undefined

In&ludes prdv,i,sions for eirlY childhood bilingual education

programs \Includes provisions for vocational biligual education programs

\Includes provisions for adult bilingual education programs forparents

- Provides for a cultural component

\

11


(Section 10-146f, Chapter' 66, Title X, State Educ,tional Code)

Allows bilingual teacher cOtificaton waivers (Section 10-1461,,,

Chapter 166, Title X, Stafe Educational Code)

Provides for aq1ication for supplementary Federal funds from

the Local Educational Agencies involved

- Provides for yearly evaluatiot reports'to the legislature

3 8

IthNTORY OF BILINGUAL EDUCATION DROVISIONS IN CURRENT 'STATE LEGISLATION GOVERNING ,

EDUCATION

State

Delaware

Instruction in a

Second Language:

PROHIBITED

(See Note 2)


Section 122(b) (5), Title 14,

Delaware Code


, None defined




Nonea

'Governing Conditions

and/or Remarks

Not authorized; instruction in elementary school subjects

permitted in English only

Note 1: (Delaware does not enforie its "Englfsh only" status

and had operational ESEA Title Vlf.Bilingual Educa-,

tional Projects operating duringlhe 197,5-1976 school

year

, Note 2: Prohibited in elementary school subjects

r

1

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATb LEGISLATION GOVERNING

EDUCATION.

Instruction in a


Florida PERMITTED

Bilingual Education AuthOrity:

Section 236. 081, State

Edutational Code


None defined, Transition

into English is a genefal

Department of Education

goal



None


and/or Remarks

At.local option without State Educational Agency (SEA)

approval

- Provides for supplementary State funds for the schools

involved

Note: No other special provisions or conditions are identified

in the legislation. Though funding:tor categorical pro-

grams (including Transitional Bilingual Education) is

authorized, no funds have ever been appropriatgl for

bilingual education

a

41

,0

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURR'ENT STATE LEGISLATION GOVERNING

EDUCATION

. State

Georgia

Instruction in a

Second Language:


and/or Remarks

PERMITTED Note; Instruction in a language other than English is neither

mandated nor prohibited, 'Therefore, it is assumed

such instruction is permitted

Bilingual EducatiQn Authority:

No statutory or other provisions

recorded

Bilingual t ducation Goal:

None defined

Funds Appropriated in Suppoil

of Bilingual Et:ucation:

(1975-1976 School Yearl

None

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNINGr.

EDUCATION

Instruction in a Governing Condit,ions

Jurisdiction: Second Lang.ulgei. and/or Remaris

Guam PERMITTED - At option of the Island's school authorities

Bilingual Education Authority;

Subchapter B, Chapter VII,

Title XII, Government Code

of Guam (Public Law 12-31)


Enrichment in Chamorro Language

and culture

Local JurisdictiOn Funds Appropriated

in Support of Bilingual Education:


$129,.100


Duration: Undefined

Defines an enrichment Chamorro language and culture program as

Bi lingual Edncation

Limits the program to Chamorro language and culture

Impleinents a "Pull-out" model program for Chamorro

children

45

flINVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNING

, EDUCATION I

Instruction in a

State SecOnd Language:

,Hawaii

Governing Conditions *.

and/or Remarks

PERMITTED Note 1: Instruction in a language other than Fnglish is neither.!!alft

prohibited nor mandated, Therefore, it is assumed


LiEual Education Authority:

NO. statutory or other proviiions

recorded

Bili ual Education Goal:

°None defined

**,




47None

Note 2: Hawaii Senate Resolution No 7, offered by the 8th

Legislature, 1976, resolved that the Department of

Education be requested to seek available Federal

support and continued State support for bilingual/

bicultural educational programs

Note 3: Hawaii Senate Resolution No 270, offered by the 8th

Legislature, 1976, resolved the the Governor appoint

a task force to review the LAU vs NICHOLS. decision '

and current available educational programs for non-

English speaking students and make recommendations

ac co rdingly 4.

'INVENTORY OF EILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATInN GOVERNING

EDUCATION

Instruction in a


:Idaho


and/or Remarks

PROHIBITED - Not authorized; instruction permitted in English /only

(See Note 2)

Note 1: Idaho had operational ESEA Title VII Bilingual

ducational Projects during the 19754976 schoolyear

Bilingual Education Authorit,i;

Idaho Code, Section 33-1601

lin ual Education Goal:

Non defined



None

Note 2:: Probibite,d irrall subjects in the schoo s

INVENTORY OF pILINGUAti EDUCATION PROVISIONS IN CURRENT STATE I..,FISLATION GOVERNING

EDUCATION

State

: Illinois

Instruction in a

Loot Lingual&4

MANDATORY (if)

Bilingual 'E&_-1.Authbrit

Transiticnal Bilingual Education

'Act, Illinois School Code

(October 1973)

Bilingual Education G oal:

Transition: Home language

to English

Funds Appropriated in Supporl

of Bilingual EducatiOn:


51$9, 000, 000

,


and/or Remarks

20 or more students are limited English spea


ers

Duration: 3 years or successful transition, whic ever is less,

7

Provides for yearly 'limited English speaker' censtis

Provides for yearly evaluation of students in the program

Provides fox 'time in program' extensions

Provides for preichool bilingual education programs

Provides for summer school bilingual education programs

Requires a forMal Local Educatibn Agency (LEA) application


- Required parental consent for enfollment of minors

Prohibits segregation of students for any reasor

Discourages comingling of disparate age or achievemen

, students

- Provides for certification of bilinival educatiOn teachers

Provides for Parent/Community involveMent

.Provi,des for supplementary State'funds for the schools involved

52

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE,LEGISLATION GOVERNING

, EDUCATION

State

Illinois (Continued

Instruction, in a

SeCond Language:,


and/or Remarks

1..1

Provides, for administration and coordinatin.elements,

1.

,.e. , Department of Trans:tional Bilingual Education

- Allows participation between school districts

- Pnovides for mandatory enrollment of limited English speakers'

4

54

INVENTORY' OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNII\IG

EDUCATION

State

Indiana

Instruction in a

Second Lang Age:

PERMITTED

Bilinglial Education Authority:

Chapte: 5,5, Section 20-10.1:

"Bilingual-Bicultural Instruction,"

Indiana Code; 1976


Transition. Home language

to English

Funds Appropriated in Support..



, None; Legislation passed in

February, 1976. Five year minimum

funding limit stated


and/or Remarks

- At local option with State Educational Agency (SEA) approval



A

Provides for pre-school bilinguil education progra'Ins.1


1Provi'des for vocational bilingual education programs

- Rquirea a formil Local Educational Apnci) (LEA) application


- Re4uires' parental consent for enrollment of minors.

-' Provides for the participation of monolingual English speakers

- Discourages comingling of disparate age or achievement students

- Mandates appointment of a Director of Bilingual'Education at

SEA level


Provid s for Parent/Cominunity involvement

INVENfORY Ok- BILINGUAL EDUCA1 ION PROV(ISIONS IN CURRENT,StATE,LEGISLATION GOVERNING

E1WCATION


State Seconua e: and/or Remarks

Indiana (Continued) - Provides supplementari State funds for the schools involved if

program is approved by the Commission on General Education

Provides for administration and coordination elirnenta, i. e.

Division of Migrant Bilingual-Bicultural Education and School

Corporation Advisory Committee

- Outlines methodology for implementing the legislation

- Provides for yearly SEA reports to the legislature

- Defines criteria for priority funding of 4proved LEA bilingual

education programs

- Limits S,tate funding assistance to $300 per student, -:,.'enrolled,

per year.

5758

'INVEN'TORY OF BILINGUAL EDUCATION PROVISIONS IN'CIIIRRENT STATE,LEGIS.LATION GOVERNING

EDUCATION

Iowa

Instruction in a 'Governing Conditions

State Second Languais and/or Remarks

PERMITTED - When use of a foreign language is deemed appropriate in the

teaching of any subject

Grades Included: Undefined


No specific provisions cited in the legislation,

Bil n ual Education Author t

' Section 280 4, Code of. Iowa,

1975

Bilin ud. Educatton

None defined




None

co

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVEBING

EDUCATION

State

$

Kansas

1=Instruction in a Governing Conditions

Second Language: and/or Remarks

PERMITTED - At.local optic?' n with State'Educational Agency (SEA) apphoval,

- Grades Ineluded: Elementary schoOl grades

Education Authority.?

SeetiQn 724101, Article 11,

Kanaas State Laws


None defined

a

Tads Appropriated in Support


1l_925-1976 School Year)

Unknown

Duration: UndefinedINIMIM11/1..1.11011

Requires a formal LEA application

1

)

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LOISLATION GOVERNING

EDUCATION

_ . \ //,....,_., ,

Governing Conuitions)

and/or Remarks

Instruction in a

State Second Lantiage:

*MO

Kentucky PERMITTED Note: Instruction in a language other than English'is neither

Mandated or prohibited. Therefore it is assumed such

instruction is permitted


No statutory or other

provisions recorded


None defined

.Funds Appropriated in Support


63 (1975-1976 School Year)

None

INVENTORY OF BILINGUAL EDUaATION PROVISIONS IN CURRENT STATE I, SLATION GOVERNING

EDUCATION

' Initruction in a


Louisiana PERMITTED

; Bilingual Education Authority:

Section '273, Title 17, Louisiana

'Revised Statutes of 1950, as

amended in 1975

Bilingual Education Gni:

Attainmentor maintenance of

proficiency in a second

language


Ethkcation:

. 11975-1976 School Yeai.'1'

$1,3 6; 000

Governing ,Conditions

and/or Remarks

- At local option (with or without State Educatio9a1 Agency

approval) or if requested by 25% or more of the heads of

households of students attinding a particular school

- Grades Included: First through 12th grade

- Duration: .12 years per student (continuous)

- Authorizes general curriculum af instrUctiOn to include the

, teaching of'a second language

- Provides for petitioning of school board in the event the Board

does not voluntarily implement a.program

Requires parental request for min-participation

- Provides suppleinentery State funds for the elementary schools

involved, Costs incurred by secondary schools are borne by

the Local Educational Agency

- Outlines methodology for implementing the legislation

- Provides for the use of foreign associated teachers selected

and approved by the State Department of Education

- Provides for the enfoicement of mandating legislation

l 1 .

, INVEIITORY OF BILINGUAL EDUCAT1dN PROVISIONS IN CURRENT STATE LEGISLATION'GOVERNING/

' EDUCATION, ,

t,

I

t-,I

Instruction in a Governing conditions I

,

Second Language: an4or Remarks,

PERMITTED - At local option subject to yearly State Educational Agency (EA)iapproval °

State

Maine

Bilingual Education.Authority:

Title XX, Chapter 5, Section 102,

sub-section 16, Revised Statutes

Bilingual. Education Goal:

.Transition. Home language

to English, during early

childhood grades



'(1975-1976 School Year)

None

- Grades Included: Early childhood (no further definition)

- Duration: 5 years per student, maximum

Requires normal certification for bilingual education teachers;

- No other special provisions or conditions identified in the .

legislation

1.

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNING

EDUCATIONsto"

Instruction in a


Maryland


and/or Remarks

PERMUTED Note: Instruction in.a language other than English is neither

prohibited nor mandated, Therefore, it is assumed




provisions recorded


None defined

Funds Appropriaied in Supportdf Bilingual Education:


None

6971)


EDUCATION(

\Instruction in a ,Governing Conditions

State Second Lanzage: and/or Remarks

, Massachusetts MANDATORY (if) - 20 or more students, same language classification, are Iirfited

English speakers


,Chapter 69, Section 35 and

Chapter 71A, Section 1,

General Laws, Acts of 1971

,Bilingual Education Goal:

Transition: Home langLge

to English



71 (1975-1976 School Year)

$1,100, 000

- Duration: 3 years or successful transition, whichever is less/.

Provides for yearly Ilirnited,English speaker' census

- Mandates enrolhnent of limited English speakers

- Provides for 'time in programlextensions

- Provides for pre-school bilingual education pro rams

- Requires a formal Local Educational Agency ( EA) program plan

Mandates a cultural component

Requires parental consent or completion of transition for early

withdrawal from program

- Discourages segregation of students for ny reason

- Prohibits comingling of students with ,di fe'rent home langUages

- Discourages comingling of disparate a e. or achievement students,

- Mandates appointment of a Directórf Transitional Bilin"gual

Education at State Educational Agendy (SEA) 16'el

- Provides for certification of bi1ingial education teachers

- INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLAtION GOVERNING

ZDUCATION


Staie Second LanoAe: and/or Rernaiki

Massachusetts - Allows bilingual teacher certification waiveri

(Continued)Provides for Parent/Community involvement.


1

- Provides for administration and coordination elements,

i.e. , Bureau of Transitional Bilingual Education

Outlines general Methodology for implementing the legislation

- Provides for yearly SEA reports to the,Governor and the

Gencral Court

Proides (or participation between school districts

7:1


EDUCATION

Instruction in a


Michigan MANDATORY (if)


Act No. 294, Public Acts of

1974, approyed October, 1974

#


't

'Transition: Home language

to English



(1975.1976 School Year)

$250,000


and/or Remarks

- 20 or more students, same language classification, are,limited

Eng hill speakers V.

- Grades Included: Kindergarten through 12th gradeir

- Duration: 3 years or successful transition, whichever is less'

.,- Provides for yearly 'limited English, speaker' census

- Provides for evaluation of student's English language skills

- Includes a cultural component

cf- Requires parental consent for enrollment or early withdrawal

- Permits comingling of different age or achievement group

students


- Provides for Parent/Community involvement

- Provides for yearly State Educational Agency (SEA) reports to

the legislature

- Provides for participation between districts and for 'intermediate'

school distriqs to operate bilingual ecucation programs

- y rovides for the development and administratioin of in-service

training for bilingual instruction programs,

76

IN ENTOR Y OF BILINGUAL ,E.DUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNING\

EDUCATION .

Instruction in si Governing Conditions,

tate 4. Second Linguage: and/orlemarks

Minnesota PERMITTER - At local option with Boardof Trustees' approval

).?

- , Grades Included: Common school (1st througii 8th,gride

Bilingual Eaucation Authority:

.,Section 1r 26,07, Minnesota

Statutes (1960)

Bilingual Eficalion Goal:


.to English

0


Bilingual EducatiOn:


None

Duration: Undefined

Limited to one hour per day

- Allows 'English as a Secoind Language' instruction in bilingual

education

77a

k

9

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNING. EDUCkION10.1.01Instruction in a Governing Conditions

State Second Language: and/or Remarks

Mississippi PERMITTED Note: Instruction in a language other than Englthh is neither

mandated nor prohibited. Therefore, it is assumed such




provisions recorded


None defined




None

1,

INVENTOlti OY BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNING

EDUCATION

Instruction in a

State Second Lailgu4ge;

Missdurt 'PERMITTED

Governing Conditions.

and/or Remarks

Note: Instruction in a language other than English is neither

mandated nor prohibited. Therefore, it is assumed such ,

instruction is perniitted

BilingUal Education Authority:


provision recorded

Bilin ual EduCatiOn Goal:

,None defined

Funds Appropriated in Support .



818

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN.0 RENT STATE LEGISLATION GOVERNING

EDUCATION

7's

State

Montana

Instruction in a

Second Lan0age;

PROHIBITED

(See Note 2)

Bilingual Education Author ity;

Section 75-7504 Montana

Schools Code


None defined

FundS Approprated in..Support

of' Bilingual Education:

9751i,976,Sc'bool Year)

lione

ni


and /or,Remarks

- Not authorized; instruction in middle schools, junior high

school and high school permitted in English only

Note 1; Montana had operational ESp Title VII Bilingual

Educatignal Projects during the 1975-1976 school

year

Note 2: Prohibited in middle schools, junior, high schools

and high schools

0

0

INVENTORIY OF BIIANGUAL EDUCATION PROVIS NS IN CURRENT StATE LEGISLATiON GOVERNING

EDUCATION '

State

4

Iiistruction in a,

Second Lanpage.:.

Nebraska PROHIBITED

(See Note I)


Article I, Section 27,

Constitution of the State of

Nebraska

Biiingual Education Goal:

None defined



(1975-1976 School Yur)

None

(


and/or Remarks_

1.Not authorized; instruction permitted in English only

Note I:, Prohibited in the common school branches.of?,11\

schools

A

(r

,.

NTORY.OF BthINGI:FAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNING\ 4

\ /1 EDUCATION, '\ J

1 N1 c

A e:structio

Stat cond Lan

da PERMI

gual Education Authority:

tatutory or otherisions recor.ded

Governing Cciditions-and/or 'Remarks

Note 1: Instruction in a language other than English is neTherprohibited nor mandated. Therefore, it is assignedsuch instruction is permitted in the public schools

Note Nevada prohibits bilingual instructi n in,trivate schools(Section 394.140, Nevada Revis,-d S tuLes, 1967).

pal Education Goal:

; defined

,

,s Appropriated in Sup ortlingual Education:5.-1976 School' Year)

INVENTORY OF BILINGUAL EDUCATION 'PROVISIONS IN CURRENT STATE LEGISLATION GOVERNING

EDUCATION11

Instruction in a Governing Cpnditions

State Second Language: anci!or Remarks

New Hampshire PERMITTED (if) An experimental or demmtration program /i,roject

Ethication Authority:

Section 189:19 Chapter 189,

New Hampsh4e aevised Statutes


None defined



(1975-1.97 School Year)

Unknown

89

- Grades,Included: Undefined

DUration: Undefined1111.1161

- No special provisions or colidit.ons identified

I.

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLA.TION GOVERNING .

EDUCATION '

Instruction in a

State', Second Lang,uqe:

New Jersey MANDATORY (if)

Bilingual Education, Authority:

Chapter 35,, Title i8A, State

Educational Code (ApprOved

Januah, 1975) .


Transition, Integration into

the regular public school

curriculum

Funds 4propriated,5in Support



$370,000

Governing -Conditions

; and/or Remarks

- 20 or more stulents,'same,language classification, are limitedEnglish speakers

- Grades Included: Undefine,d

Diration: 3 years per student, maximum

- Provides for a 'limited English speaker' census

-' Mandates a cultural component,'

- Requires parental notification of enrollinent

- Provides for participation of monolingual English speakers

Prohibits segregation of tudents

Prohibits,comingling of stidents with different home languages

- Provides financial support for the development of bilinguar staff

a- Provides for Parent/Community involvement

- Provides for administration and coordination-elements, i,,e

State Advisory Committee on Bilingual Education

'- Outlines some methodology for implementing the legi'slatidn

.Provides for parti4ation between school districts


EDUCATION

State

Ntw Jersey

(Continued)

r

Instruction ir. a

Second* Language:

93


and/or Remarks

Makes the State Board of Education and the State Board of

Higher Education responsible for developing resources and

materials, as necessary

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION dOVERNING.

EDUCATION

State

Instruction in a

Second Language:

New Mexico PERMITTED

Bilinpal Education Authority:

Article 23, Laws of 1973,

New Mexico Schools Act


Transition: Ensure equal

education opportunity for

students in New Mexico



(1975-1976 Sthool Year)

$1,557,100

,

Governing Conditions .

and/or Remarks

At local option with State Educational Agency (SO-approval

Grades Included: Kindergarten through 6th grade. ,Kinder-

garten thrbugh 3rd grade have funding priority


- Requires A formal Local Educational Agency (LEA ) application

' Mandates a cultUral doMponent,

- Allows 'English as a Second Language' (ESL) or the teaching

of ESL in their bilingual multi-cultural education program


, Provides for certification of bilingual education teachers

Provides for Parent/Community involvement

- Provides supplementary State funds for theeschools involved

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE, LEGISEATION cioVERNING

\EDUCATION


State Second LanEage: A and/or Remuks

New York 1, PERMITTED - At local option without State Educational Agency (SEA)

approval if 10 or more students are non-English speakers

(Paragraph 3, Section 4401 and Paragraph 7, Section 4404)

Bilingual Education Authority.:

Paragraph 2, Section 3204,

New York School Code

- Grades Included: First through 12th grade

- Duration: 3 years per student

- Provides.for 'time in program' extensions, to a maximum oi

6 years

- Provides for vocational bilingual education programs

Bilingual Education Goal: - Provides for adult bilingual education programs

Transition: Home language - Provides for a cultural component

to English


.(1975-1976 School Ye'ar)

,$8,1001000

97

'

INVENTORY? OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNING

EDUCATION

instruction in a Governing Conditions

State Second Language: and/or Remarks

PROHIBITED - Not authorized; instruction permitted in English only

,(Sde Note 1)

North Carblina

Bilingual Education. Author'ity;

North:Carolina Public Law

115498, 1955

Bilingual Ed,ucation Goal:

None defined

Funds Appropriated in Supportof Bilinglial Education:


None

Note 1: Prohibited in all subjeCts in the course of study16

INVEN'TORY OF BILINGUAL EDUCATION' PROVISIONS IN CURRENT STATE LEGIS1$TION GOVERNING'

EDUCATION

State

North Dakota

Instruction in a

Second Language:

PROF!' ITED

.(Sei7Note 1)


Chapter 15-4743. North

Dakota School Code

Bilingual Education Goal;

None defined



None


and/or Remarks

- Not authorized; instruclion permitted in English only.

a

Note 1: Prohibited in schools.

10 1


EDUCATION

o

InstruCtion in a Governing Cond. itions

State Second Langua&e: and/or Remarks,

Ohio PERMITTED Note: Instrucfion iii a language other thin English is neither

prohibited nor mandated. TherefOre, it is assumed such''

imaruction is permittedA

Bilingual EducatiOn Authority:


recorded


None defined

4

Funds Appropriated in Support\ of Bilingual Education:

[(1a T975.4976 SchOol Yeai)

None

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEMSLATION GOVERNING

EDUCATION

State

Oklahoma

Instruction in a tove ning Conditions

Seco.nd Langhage: . an or Remarks, ,-- ,

,PROHIBITED - Not atithoriied; instruction permitted in English only '(See Note 2) , . "'-'

*91

,Note le, Oklahoma had operational.ESA Title VII Bilingual.......,_


.Section 155, School Laws 'of

Oklas.homa

, Lingual Education Goal:

None.definect

Funds Appropriated in Supportof Bilingualt Education:

1975.1.loolYea

None.

Education Projects during the 1975-1976 school year

Nore'2: Prohibited in the public school system

4,

4 I

.

1051,1

-106

INVENTORY OF BILINGUAL EDUCATIc PROVISIONS IN, CURRENT STATE LEGISLATION GOVERNING

EDUCATION

State

01:egon

Instruction in a

Second Language:


and/or Remarks

PERMITTED - At local optidn without other proviso


Section 366.074 and 366. 079,

Oregon Revised Statutes, 1971



to English

Vunds Appropriated in Support

of Bilingual ,Education:


$50 000

Grades Included: All public school grades

Difration: Undefined, may codinue until transitiOn is

completed

Provid s for teaching 'English as a Second Language' at all

gra& le els until children are able to profit from classes

conducted in English,

"

No other special provisions or conditions identified in the

legislation

IlgENTORY OF BILINGUAL EDUCATION PROVIgIONSIN CURRENT STATEAEGISLATION GOVERNING

'IDUCATION


State Second Language: aMi/or Remarks

Pennsylvania PERMITTED - At the distretion of State and local educational authorities


None in legislation

Bilingual EduCation Goal:

None defined in legislation


, of Bilingual Education:


None

1 09

Note: As a result o.f a court decision holding the Pennsylvania

Elementary and Secondary Education'Act unconstitu-

tional, provisions for bilingual instruction in

Pennsylvania are in Title 22 of the Pennsylvania Code.

This is not a statute but a regulation promulgated by

the State Board of Education in 1973. Section 5.24 of

this title reads as follows:

a, Each child whose dominant language is not

English shall be provided with either a

Bilingual-Bicultural Program or English as

a Second ItangUage (ESL) PrOgram in accor-

dance.with the standards, guidelines and

definitions established by the Secrefary

b. ' Provisions shall .be made for students whose

,dominant language is English to-become

acquainted with the languaie, history, and

culture of their non-English speaking peers

110

LA)

INVLNTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNING

EDUCATION

Instruction, in a'

Jurisdiction: Second Language:

Puerto Rico PERMITTED


Titlel, Section 51, General

Education Code, Commonwealth of

Ptierto Ricbw


The English Program: English

Arts Proficiency

The ESEA Title VII Program:

Transition, English'to

Spanish

(See Note 1)

Local Jurisdiction\Funds Appropriated


1 1 (1975.1976 School Year)

$22,544,600 (See kote 2)


and/or ll'ernarks

The Commonwealth of Puerto Rico has not adopted specific

legislatO outlining a bilingual education program. Its

ConsiAutiop provides for the, use of English or Spanish,

interhangeably, as official languages. As of the year

195 , Siianish has been the language of instruction in

Pueito Rican schools with English being taught as a second

language and as a sPecial subject in language arts at all

grade levels, No other foreign language instruction is

offered in Puerto Ricaril, public schOols through the 12th

grade. This special English language arts program is

titled, "The English Program" and is defined by Puerto

Rico as bilingual education

Note 1: The Puerto Rican school systems' bilingual educa-

tion program, the "English Ifanguage Program," has

as a goal the teaching of English as a second language

The Puerto Rican school ,systems ESEA Title VII

BilingUal Education Program addresses the goal of

transitioning students, coming to Puerto Rico from

the U. S. Mainland, into the Spanish language, the

islands' history

Note 2: The Puerto Rican legislature, from the total

spectrum of all funds available.to it for appropria-

tions, allocated over 22 million dollars in support,

of the school systems' ."English Language ProOarn,"112

INVENTORY OF,BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNING

EDUCATION

State

InstruCtion in .a

.Seconcua.Governing Condiiions

and/dr Remarks

Rhode Island MANDATORY iif) - 20 or more students, same language classification, are limited

English sp:eakers

Bilingual Education' AUthor ity:

Chapter- 54,, Title 16, General

Laws of Rhode Island (May, 1974)

43ilingual Education Goal:

Transition. Home lAnguage

to English




See SPECIAL NOTE

(following page)

113

- 20 Or more junior or Senior High Schl students request it

N

- Grades Included'. Kindergarten through l2t grade

- Duration: 6 years or successful transition, whichever is less

- Provides for yearly 'limited Englisb speaker' censUs

- Provides for yearly evaluation of students in the program

ProvideS for 'time in program' extensions

Provides ror pre-school bilingual education programs

- Provides for summer schools bilingual education programs

Provides for vocational bilingual education prdgrams

Provides for adult bilingual education programs

Requires a formal Local Educational Agency (LEA) application

Mandates a culturalcomponent

- Requires parental consent for enrollment of minori

- royide3 for partiCipation by nionolingual English speakers

'Prohibits segregation of students for any reason

114

, INVENTORY OF, BILINGUAL EDUCATION PROVISIONS IN CURRENT STATEIEGISLATION GOVERNING

, EDUCATION

Instruction in a


Rhode Island

(Continued)

91

-SPECIAL NOTE:

Though the legislative provisions

cited herein suggest a rather exten-

sive and thorough bilingual education

program in,the State of Rhode Island,

is not the case. The Act and its

provisions are inoperative by virtue

olthe fact that Section 2 provides

that "this Act shall take effect only

when funds 'of the Federal govern-

ment are made available'to and

accepted by the State Department

of Education to carry out the purpose

of this Act on a continuing basis."

115

,.,N

'Governing Conditions,

and/or Remarks

- Prohibits comingling of students with different home languages

- Prohibits comingling of disparate age or achievement students

Mandates appointment of Directors of Bilingual Education at

LEA level


- Allows bilingual teacher certification waivers

- Provides for the use of teacher aides

- Provides for the use of community coordinators

Provides for Parent/Community involvement


91

Proitides for administration and coordination elements, L e. ,

Division for Bilingual Education

- Odlines methodology for iinplementing the legislation

- Provides for participation between school districis116

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT SMITE LEGISLATION COVERNING

EDUCATION

State

South Carolina


Second Langua_ge: and/or Remarks

PERMITTED Note: Instruction in a.langua,ge other than English is neither


in`struction is permitted

Bilingual Education AuthotLyj

No stattitory or other provisions

recorded

BilingualiEducation Goal:

None defined

r-

Funds Approprialed in Support

of Bilingual Education:,


None

0

117 118

4 ,

INVENTORY OF BILINGUAL, EDUCATION PROVISIONS IN CURREF. STATE LEGISLATION GOVERNING

EDUCATION

InstruCtion in a


South Dakota PERMITTED



recorded

Note:


and/or Remarks

Instruction in a language other than English is neither 'prohibited nor mandated. 'Therefore, it is assumed such ,

instruction is peimitte'd,

v

BilingualEducafion Goal:

None defined


(l975-076 School Year)

None

r

4.

INVENTORY OR BILINGUA,L EDUCATION PROVISIONS IN.CURRENT STATE LEGISLATION GOVERNING

EDUCATION

IInstruction in a

;, Governing Conditions

Second Lan t_Lagfi and/or Remarks .

,PERMITTED Note:,- Instruction in a language other than English is neither

prohibited nor mandated. Th(e.refore, it is assumed such


.1...1,..olmmMlw

State

Tennessee '

111

, .:, 0'Bilingual Education Authority:


recoided

EducatiOn Goal:

None defined,



(07571976 School Year)

None

121

I

IN.VENTORI OF BILINGUAL .EDUCATION PROVISIONS IN CURRENT STATE LEGIStATION GOVERN'ING

EDUCATIOl'CI

InstruCtion in a

State .Second Language:

TeXas MANDATORY (if)


SulIchapter L,. Chapter 21, Texas

Education Code, Title D "Bilingual

Education"

Bilin.gual Education Goal:

Transition, (Compensatory pro-

gram of bilingual educatiion leading

to transition into..English)


Of Bilingual Education:


$6, 216, 000

123


and/or. Remarks

- 20 or more students are limited English speakers

- Grades Included: Kindergarten through 3rd grade; 4th & 5th

grades are optional

- Duration: 3 years or successfuLtransition, whichever is-less

Provides for yearly 'limited English speaker' census

- Provides for yearly evaluation of students in the program

. Provides for 'time in program' extensions

- Provides for pre-school bilingual education programs


- Mandates a c,ultural component

- Requires parental consent for enrollment in or transfer from

program


- Discourages comingling Of disparate 3 ge or achievement students

Provides for certification of bilingual education teachers

- Provides assistance to obtain bilingual education staff

certification 124

'INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATIO GOVERNING-

EDUCATION

State

,

Texas (Continued)

125

Instruction in a

Second Lang&ge:.

0

CI

Governin onditions

and Rernarks


- Provides for participation between school districts

0

126

IN1:TENTORY OF BILINGUAL EDUCATION PROVISIONS IN CUR'RENT STATE LEGISLATION GOVERNIIIG

EDUCATION

State

Trust Territory

ofithe Pacific

Islands

Instruction in a

Second Language:

PERMITTED

Biiin`gual EduCation Authority:''A

No statutory provisiOns

recordedt,


Proficiency.in Native Language

Art's (First five years) and

Proficiency in English Language

Arts (Second through Twelfth

Grade)

Local Jurisdiction Funds Appropriated

Nof Bilingual Education:

31175-1976 School Year)

None

127


and/or Remarks

- As a matter of policy wit4hin the Department of Education

Note: Micronesian authorities are currently actively

engaged in diveloping a plan for bilingual education

in the Trust Territories, It invoNs teaching one of

several Micronesian language6 up to a specific grade

level (5th grade)and then gradually sWitching to

English

Cr,

128

INVENTORY OF BII.eINGUAL EDUCATION PROVISIONS IN CAENT STATE LEGISLATION GOVERNING

EDUCATION

Instruction in a

State Second Lantage:

Utah PERMITTED

L


Section 2, Subsection 53-7-18'

a-and b, Utah,Code, as amended

in July 1975


Compensatory. (For disadvantaged

pupils and pupils with bilingual or

bicultural characteristics)



11975-197,6 School YearL_

$404,500 (Through the States

Compensatory Education Program)

Governing Cbnditions

and/or Remarks

At local Opticn v;ithout State Educational Agency (SEA)

approval and through the'Compensatory Education Program

Grades Included Undefined

- Duration: Undefinedun...

- Requires a1formal Local Educational Agency application

130

129

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN R EN I STATEI.PilsI.AlION (iO.VERNINGEDUCATION

Instructign in a Governing Conditions'state Second Language: and/or Remarks

Vermont PERMITTED Note: Instruction in a language other than English is neithereprohibited nor mandated. Therefdre, it is assumed suchinstruction is permitted

Bilingual Education Authority:.

No statutory or other provisionsrecorded


'None definea

Funds Appropriatedrin Supportof Bilingual Education:(1975-1976 School Year)

None

131

132

,

INVENTO'RY 40F BILINGUAL EDUCATION PROVISIOk IN. CURRENT STATE LEGISLATION GOVERNIN'G

EDUCATIONe

Instruction in a


, Governing ',Conditions

and/or Remarks

, Virginia PERMITTED Note:, Instruction in a language otheethan English is neither

Bilin .ricatianAuL_Liorit


"recorded


None defined



(1975-1976 Sch1 Year)

None

f



134

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENTSTATE LEGISLATION GOVERNING

EDUCATION

Instruction ia a

Jurisdiction: Second Language:

Virgin Islands MANDATORY (if)

Bilingual Education' Authority:

Section 41, Chapter 5, Title 17; .

Virgin Islands Coda,

Bilingual Education Goal',

'Transition, Horne langu'age to

English

Local-Jurisdiction Funds Appropriated


(197571976 School Year)

$44, 000

13'


and/or'Rernarks

10 or, more.students, San 'e language classification, a.-4

'--limited English speakers

Grades Included:. Undefined

- Duration: UnClefine'd,.1111

- Provides for the use of bilingual teacher aides )

- Provides supplementary funds for the schools involved

- Provides for recruitment and training of bilingual

education staff

A.ccepts and incorporates the provisions of the Act of the

Congress,, approved January 2, 1968, ,:ited as the

"Bilinguat Education Act" and any act or acts arnendatory

theretoJ

. 4 A

INVENTORY OF BILINGUAL EDUCATION PROV.ISIONS IN CURRENT STATE LEGISLATIOI\i GOVERNING

ElitCATION

Instruction in a GoVerning Conditions

State Second Lanziage: and/or. Remarks

Washington PERMITTED - If it will aid the educational advancement of students

Bilingual Education Authority.;

Chapter 71 Washington Laws

of 1969



No special prOvisions or conditions identified in the legislation

Bilingual Education Goal;

None defined


of Bilingual Education;


$561,300 (Through the Washington

Racially Disadvantaged Program)

INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CUIRENT STATE LEGISLATION GOVERNING

EDUCATION

a

.Instruction in a,1 Governing Conditions

iState Second Language: and/or Reinarks

West Virginia PROHIBITED - Not authorized; instruction permitted in English only,

(See Note 1)

Bilingual Education AuthoritY:

Chapter 8-2-7, West Virginia

Code

Bili'ngual Education Goal:

None defined

Funds Appropriated in Supportof, Bilingual Education:

(1975-1976 School Yfear)

None

13)

J

Note,1: Prohibited in the common school branchiSixof all

schools

INi/ENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGISLATION GOVERNING

EDUCATION

Instruction in a


Wisconsin MANDATORY (if)

Brilinual EduCation Authority:

Chapter 395, Laws of 1976,

June .9, 1976

Bilingual Education GOal:

Transition. Home lanivage

to English'

Funds APprogriated in Support


(1975;1976 School Year)

Legislation passed in June 1976,

.funds not as yet appropriated


and/or Remarks'

- 10 or more students in Kindergarten through 3rd grade or

20 or more Sudents in 4th through 8th grade or 20 or more

students in 9th through 12th grade, same languige group,

are limited English speakers

- Grades Induded: Kindergarten through 12th grade

Duation: Undefined, may continue until transition is completed

Provides for yearly 'limited English speaker' census

Provides for pie-school bilingual education programs

Providev. for summer s.chools. bilingual education programs

- Requires .parentakonsent in writing, for enrollment

- Mandates enrol ent if parent or guardian consents

- Provides for participation of monolingual English speakers


- Provides for cerfification of bilingual education teachers

- Provides for the de of bilingual:teacher aides and bilingual

'counselor aides

,- Provides for Parent/Community involvemetit

- Provides for supplementary State Lunds for the schools involved

4111110..

:INVENTORY OF BILINGUAL EDUCATION PROVISIONS IN CURRENT STATE LEGLthATION 'GOVERNING,

EDliCATION

InstructiOit in a Governing ConditionsState Second. Language; and /or. Remarks

Wiszonsin - Outlines methodology for.implementing the legislation(Continued)

- rProvides for yearly Local,Education Agency reports to State

Educatior, Agency'(SEA) aid SEA reports to the legislature

- Provides for enforcement of the mandating legislation

- Provides for participation between, school districts and/orbetween school districts and a cooperative educational service

,agency

- Pi.ovides for, financial aseistance to develop bilingual educationskills and staff

- Appropriates fund for special bilingual education teacher orcounselor -certification actions d

- Mandates a minimal program or an optional,expanded program

in bilingual education. Each is defined

t?

1 41

0.I

5.


EDUCATION

\ .


ap % Second Languaje: and/or Remarks. ,

'Wyoming PERMITTED Note: Instruction in a language other than English is neither

prohibited nor mandated. Therefore, it is assumed such

c'instruction is permitted .

Bilininad Education Authority:


recorded


None defined

Funds Api)ropriated in Support


75-1976 School Year)

None

4

,

146