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Chapter 28A.180 RCW

TRANSITIONAL BILINGUAL INSTRUCTION PROGRAM

RCW Sections

28A.180.010Short title -- Purpose.
28A.180.020Annual report by superintendent of public instruction.
28A.180.030Definitions.
28A.180.040School board duties.
28A.180.060Guidelines and rules.
28A.180.080Allocation of moneys for bilingual instruction program.
28A.180.090Evaluation system -- Report to the legislature.
28A.180.100Continuing education plan for older students.
28A.180.110Condensed compliance reports -- Second-class districts.


28A.180.010
Short title — Purpose.

RCW 28A.180.010 through 28A.180.080 shall be known and cited as "the transitional bilingual instruction act." The legislature finds that there are large numbers of children who come from homes where the primary language is other than English. The legislature finds that a transitional bilingual education program can meet the needs of these children. Pursuant to the policy of this state to insure equal educational opportunity to every child in this state, it is the purpose of RCW 28A.180.010 through 28A.180.080 to provide for the implementation of transitional bilingual education programs in the public schools.

[2009 c 548 § 704; 1990 c 33 § 163; 1984 c 124 § 1; 1979 c 95 § 1. Formerly RCW 28A.58.800.]

Notes:

     Effective date -- 2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.

     Intent -- 2009 c 548: See RCW 28A.150.1981.

     Finding -- 2009 c 548: See note following RCW 28A.410.270.

     Intent -- Finding -- 2009 c 548: See note following RCW 28A.305.130.

     Severability -- 1979 c 95: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1979 c 95 § 9.]




28A.180.020
Annual report by superintendent of public instruction.

The superintendent of public instruction shall review annually the transitional bilingual instruction program and shall submit a report of such review to the legislature on or before January 1 of each year.

[1984 c 124 § 8. Formerly RCW 28A.58.801.]




28A.180.030
Definitions.

As used throughout this chapter, unless the context clearly indicates otherwise:

     (1) "Eligible pupil" means any enrollee of the school district whose primary language is other than English and whose English language skills are sufficiently deficient or absent to impair learning.

     (2) "Exited pupil" means a student previously enrolled in the transitional bilingual instruction program who is no longer eligible for the program based on his or her performance on an English proficiency assessment approved by the superintendent of public instruction.

     (3) "Primary language" means the language most often used by the student for communication in his/her home.

     (4) "Transitional bilingual instruction" means:

     (a) A system of instruction which uses two languages, one of which is English, as a means of instruction to build upon and expand language skills to enable the pupil to achieve competency in English. Concepts and information are introduced in the primary language and reinforced in the second language: PROVIDED, That the program shall include testing in the subject matter in English; or

     (b) In those cases in which the use of two languages is not practicable as established by the superintendent of public instruction and unless otherwise prohibited by law, an alternative system of instruction which may include English as a second language and is designed to enable the pupil to achieve competency in English.

[2013 2nd sp.s. c 9 § 3; 2001 1st sp.s. c 6 § 3; 1990 c 33 § 164; 1984 c 124 § 2; 1979 c 95 § 2. Formerly RCW 28A.58.802.]

Notes:

     Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

     Intent -- Effective dates -- 2013 2nd sp.s. c 9: See notes following RCW 28A.150.220.

     Severability -- 1979 c 95: See note following RCW 28A.180.010.




28A.180.040
School board duties.

(1) Every school district board of directors shall:

     (a) Make available to each eligible pupil transitional bilingual instruction to achieve competency in English, in accord with rules of the superintendent of public instruction;

     (b) Wherever feasible, ensure that communications to parents emanating from the schools shall be appropriately bilingual for those parents of pupils in the bilingual instruction program;

     (c) Determine, by administration of an English test approved by the superintendent of public instruction the number of eligible pupils enrolled in the school district at the beginning of a school year and thereafter during the year as necessary in individual cases;

     (d) Ensure that a student who is a child of a military family in transition and who has been assessed as in need of, or enrolled in, a bilingual instruction program, the receiving school shall initially honor placement of the student into a like program.

     (i) The receiving school shall determine whether the district's program is a like program when compared to the sending school's program; and

     (ii) The receiving school may conduct subsequent assessments pursuant to RCW
28A.180.090 to determine appropriate placement and continued enrollment in the program;

     (e) Before the conclusion of each school year, measure each eligible pupil's improvement in learning the English language by means of a test approved by the superintendent of public instruction;

     (f) Provide in-service training for teachers, counselors, and other staff, who are involved in the district's transitional bilingual program. Such training shall include appropriate instructional strategies for children of culturally different backgrounds, use of curriculum materials, and program models; and

     (g) Make available a program of instructional support for up to two years immediately after pupils exit from the program, for exited pupils who need assistance in reaching grade-level performance in academic subjects even though they have achieved English proficiency for purposes of the transitional bilingual instructional program.

     (2) The definitions in Article II of RCW 28A.705.010 apply to subsection (1)(d) of this section.

[2013 2nd sp.s. c 9 § 4; 2009 c 380 § 5; 2001 1st sp.s. c 6 § 4; 1984 c 124 § 3; 1979 c 95 § 3. Formerly RCW 28A.58.804.]

Notes:

     Intent -- Effective dates -- 2013 2nd sp.s. c 9: See notes following RCW 28A.150.220.

     Effective date -- 1979 c 95 § 3: "Section 3 of this act shall take effect September 1, 1980." [1979 c 95 § 7.]

     Severability -- 1979 c 95: See note following RCW 28A.180.010.




28A.180.060
Guidelines and rules.

The superintendent of public instruction shall:

     (1) Promulgate and issue program development guidelines to assist school districts in preparing their programs;

     (2) Promulgate rules for implementation of RCW
28A.180.010 through 28A.180.080 in accordance with chapter 34.05 RCW. The rules shall be designed to maximize the role of school districts in selecting programs appropriate to meet the needs of eligible students. The rules shall identify the process and criteria to be used to determine when a student is no longer eligible for transitional bilingual instruction pursuant to RCW 28A.180.010 through 28A.180.080.

[1990 c 33 § 165; 1984 c 124 § 5; 1979 c 95 § 5. Formerly RCW 28A.58.808.]

Notes:

     Severability -- 1979 c 95: See note following RCW 28A.180.010.




28A.180.080
Allocation of moneys for bilingual instruction program.

Moneys appropriated by the legislature for the purposes of RCW 28A.180.010 through 28A.180.080 shall be allocated by the superintendent of public instruction to school districts for the sole purpose of operating an approved bilingual instruction program.

[2009 c 548 § 705; 1995 c 335 § 601; 1990 c 33 § 167; 1979 c 95 § 6. Formerly RCW 28A.58.810.]

Notes:

     Effective date -- 2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.

     Intent -- 2009 c 548: See RCW 28A.150.1981.

     Finding -- 2009 c 548: See note following RCW 28A.410.270.

     Intent -- Finding -- 2009 c 548: See note following RCW 28A.305.130.

     Part headings, table of contents not law -- 1995 c 335: See note following RCW 28A.150.360.

     Severability -- 1979 c 95: See note following RCW 28A.180.010.




28A.180.090
Evaluation system — Report to the legislature.

The superintendent of public instruction shall develop an evaluation system designed to measure increases in the English and academic proficiency of eligible pupils. When developing the system, the superintendent shall:

     (1) Require school districts to assess potentially eligible pupils within ten days of registration using an English proficiency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments shall be made available to both the superintendent of public instruction and the school district;

     (2) Require school districts to annually assess all eligible pupils at the end of the school year using an English proficiency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments shall be made available to both the superintendent of public instruction and the school district;

     (3) Develop a system to evaluate increases in the English and academic proficiency of students who are, or were, eligible pupils. This evaluation shall include students when they are in the program and after they exit the program until they finish their K-12 career or transfer from the school district. The purpose of the evaluation system is to inform schools, school districts, parents, and the state of the effectiveness of the transitional bilingual programs in school and school districts in teaching these students English and other content areas, such as mathematics and writing; and

     (4) Report to the education and fiscal committees of the legislature by November 1, 2002, regarding the development of the systems described in this section and a timeline for the full implementation of those systems. The legislature shall approve and provide funding for the evaluation system in subsection (3) of this section before any implementation of the system developed under subsection (3) of this section may occur.

[2001 1st sp.s. c 6 § 2.]




28A.180.100
Continuing education plan for older students.

The office of the superintendent of public instruction and the state board for community and technical colleges shall jointly develop a program plan to provide a continuing education option for students who are eligible for the state transitional bilingual instruction program and who need more time to develop language proficiency but who are more age-appropriately suited for a postsecondary learning environment than for a high school. In developing the plan, the superintendent of public instruction shall consider options to formally recognize the accomplishments of students in the state transitional bilingual instruction program who have completed the twelfth grade but have not earned a certificate of academic achievement. By December 1, 2004, the agencies shall report to the legislative education and fiscal committees with any recommendations for legislative action and any resources necessary to implement the plan.

[2004 c 19 § 105.]

Notes:

     Part headings and captions not law -- Severability -- Effective date -- 2004 c 19: See notes following RCW 28A.655.061.




28A.180.110
Condensed compliance reports — Second-class districts.

Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.

[2011 c 45 § 9.]

Notes:

     Conflict with federal requirements -- 2011 c 45: See note following RCW 28A.330.250.