Section 228.27  Language Acquisition Services for Certain Students Exiting the Program

In accordance with Section 1703(f) of the Equal Educational Opportunities Act (EEOA), a school district must provide services that will enable English learners to "overcome barriers that impede equal participation by these students in the district's instructional programs" (see 20 USC 1703).  Section 14C-3 of the School Code, however, authorizes school districts to discontinue services to students who have been enrolled and participated in the TBE or TPI program for three consecutive years. In instances where a school district chooses to discontinue TBE or TPI program services as permitted under Section 14C-3 of the School Code for those students who have not achieved English proficiency as determined by the process set forth in Section 228.25(b) of this Part, the district shall submit a plan to the State Superintendent that describes the actions it will take to meet its obligations under Section 1703(f) of the EEOA.  Any amendments to the plan shall be submitted to the State Superintendent no later than 30 days following adoption of the changes.  The plan shall at least include:

a)         the process and criteria the district will use to make a determination of when to exit eligible students from the TBE or TPI program (e.g., after a certain amount of time in the program, once a prescribed academic or proficiency level is achieved);

b)         The language acquisition services and methods to be provided, including how the services and methods differ from the general program of instruction in content, instructional goals, and the use of English and home language instruction;

c)         How the program will meet the educational needs of the students and build on their academic strengths;

d)         How the program will specifically help the students learn English and meet academic achievement standards for grade promotion and graduation;

e)         The names and qualifications of the staff who will implement the program; and

f)         How sufficient resources, including equipment and instructional materials, shall be made available to support the program.

(Source:  Amended at 37 Ill. Reg. 16803, effective October 2, 2013)