52130-52135
EDUCATION CODE
SECTION 52130-52135
52130. This act shall be known and may be cited as the Impacted Languages Act of 1984. 52131. The Legislature hereby finds and declares that there is a need to provide relief to school districts which are highly impacted by the enrollment of refugee pupils or pupils whose primary languages are sufficiently diverse and in low population concentrations and for which there is a lack of substantive primary language curriculum materials and an insufficient number of trained bilingual-crosscultural teachers in these primary languages. 52132. Unless the context otherwise requires, the definitions set forth in this section govern the construction of this article. (a) "Impacted languages" means those primary languages spoken by pupils assessed as being limited-English proficient or who otherwise require bilingual instruction pursuant to Article 3 (commencing with Section 51260), and for which the Superintendent of Public Instruction determines not later than August 1 of each year both of the following: (1) That there is a lack of language arts and other subject content curriculum materials in each respective language group with pupil populations which are sufficient to implement a basic bilingual education program pursuant to subdivision (a) of Section 52163. (2) That there is an insufficient number of persons possessing bilingual credentials or certificates of competence to provide bilingual instruction in each respective language pursuant to the requirements of Article 3 (commencing with Section 52160). It is the intent of the Legislature in enacting this article to authorize school districts to implement impacted language programs in which instruction is provided by language development specialists in accordance with the requirements of this article in lieu of programs in bilingual-crosscultural instructional programs prescribed by Section 52165. (b) "Impacted language program" is a program of self-contained classroom instruction for pupils from impacted language groups which, at a minimum, consists of one hour per instructional day of English language development in addition to basic skills and subject content instruction which involves bilingual-crosscultural teacher aides or impacted language liaisons and which utilizes a modified curriculum which is capable of meeting the language and instructional needs of these pupils. To the extent feasible, appropriate primary language instruction shall be designed to facilitate basic skills and subject content instruction by a language development specialist. (c) "Impacted language liaison" means a person employed by a school district in a noninstructional capacity who is fluent in the primary language of the pupils in one of the impacted language groups affected and who possesses receptive and productive English language skills which will enable that person to facilitate communication between classroom teachers and impacted language pupils and communication between the school and parents of these pupils. 52133. (a) School districts which elect to implement an impacted language program in accordance with the requirements of this article shall submit an application to the State Department of Education certifying that there are insufficient appropriately qualified bilingual-crosscultural teachers available for employment in the district. The application shall also demonstrate that the program will provide for all of the following: (1) The conducting of at least one public hearing for purposes of planning an impacted language program. (2) The development of language arts and subject content curricula for impacted language groups utilizing available state and federal funding. (3) Documented evidence that existing bilingual-crosscultural instructional programs will not be adversely affected or reduced through the implementation of an impacted language program. (4) Where appropriate, the employment of impacted language liaisons to facilitate communication between school personnel, pupils, and parents of impacted language groups. (5) The establishment of a plan for the recruitment of bilingual-crosscul tural teachers, the development of career ladder opportunities, and in-service training programs. (6) Documentation that the community and impacted language populations have been consulted regarding the implementation of an impacted language program. (7) The submission of an annual report to the State Department of Education in the manner prescribed by the department regarding the number of classes established under the program and the number of pupils served. (b) No application submitted pursuant to this section shall be approved by the Superintendent of Public Instruction if he or she determines that there is an approved bilingual teacher training institution that is enrolling students for the impacted language for which an application has been submitted which is within a reasonable distance from the applicant school district. 52135. The State Board of Education shall adopt rules and regulations necessary for the effective implementation of this article by July 1, 1985.