CHAPTER 9. BILINGUAL AND BICULTURAL INSTRUCTION
IC 20-30-9
Chapter 9. Bilingual and Bicultural Instruction
IC 20-30-9-1
"Bilingual-bicultural instruction"
Sec. 1. As used in this chapter, "bilingual-bicultural instruction"
means the use of written and spoken English and a non-English
language to teach students. It includes instruction in the history and
culture of both the United States and the homeland of the
non-English language.
As added by P.L.1-2005, SEC.14.
IC 20-30-9-2
"Bilingual-bicultural program"
Sec. 2. As used in this chapter, "bilingual-bicultural program"
means a course of bilingual-bicultural instruction for non-English
dominant students, designed to meet the students' language skill
needs as soon as possible.
As added by P.L.1-2005, SEC.14.
IC 20-30-9-3
"Division"
Sec. 3. As used in this chapter, "division" means the division of
migrant bilingual-bicultural education of the department.
As added by P.L.1-2005, SEC.14.
IC 20-30-9-4
"Non-English dominant students"
Sec. 4. As used in this chapter, "non-English dominant students"
means students who have difficulty performing in classes conducted
solely in English because:
(1) the students' native tongue is not English;
(2) the language most often spoken by the students is not
English; or
(3) the language most often spoken in the students' homes is not
English.
As added by P.L.1-2005, SEC.14.
IC 20-30-9-5
Policy of state
Sec. 5. It is the policy of the state to provide bilingual-bicultural
programs for all qualified students enrolled in Indiana public schools
through the establishment of the programs by school corporations.
The state recognizes the need for and the desirability of the programs
to:
(1) aid students to reach their full academic level of
achievement; and
(2) preserve an awareness of cultural and linguistic heritage.
As added by P.L.1-2005, SEC.14.
IC 20-30-9-6
Bilingual-bicultural program
Sec. 6. The state superintendent shall carry out a
bilingual-bicultural program for the improvement of educational
opportunities for non-English dominant students by doing the
following:
(1) Supporting and planning pilot and demonstration projects
that are designed to test and demonstrate the effectiveness of
programs for improving educational opportunities for
non-English dominant students.
(2) Assisting in the establishment and operation of programs
that are designed to stimulate:
(A) the provision of educational services not available to
non-English dominant students in sufficient quantity or
quality; and
(B) the development and establishment of exemplary
programs to serve as models for regular school programs in
which non-English dominant students are educated.
(3) Assisting in the establishment and operation of pre-service
and in-service training programs for persons serving
non-English dominant students as educational personnel.
(4) Encouraging the dissemination of information and materials
relating to and the evaluation of the effectiveness of education
programs that may offer educational opportunities to
non-English dominant students. For activities described in this
section, preference shall be given to the training of non-English
dominant students, including innovative programs related to the
educational needs of the non-English dominant students.
As added by P.L.1-2005, SEC.14.
IC 20-30-9-7
Development and establishment of bilingual-bicultural educational
services and programs
Sec. 7. The state superintendent may assist and stimulate school
corporations in developing and establishing bilingual-bicultural
educational services and programs specifically designed to improve
educational opportunities for non-English dominant students. Funds
may be used for the following:
(1) To provide educational services not available to the
non-English dominant students in sufficient quantity or quality,
including:
(A) remedial and compensatory instruction, psychological,
and other services designed to assist and encourage
non-English dominant students to enter, remain in, or reenter
elementary or secondary school;
(B) comprehensive academic instruction and career and
technical instruction;
(C) instructional materials (such as library books, textbooks,
and other printed or published or audiovisual materials) and
equipment;
(D) comprehensive guidance, counseling, and testing
services;
(E) special education programs for persons with disabilities;
(F) preschool programs; and
(G) other services that meet the purposes of this subdivision.
(2) To establish and operate exemplary and innovative
educational programs and resource centers that involve new
educational approaches, methods, and techniques designed to
enrich programs of elementary and secondary education for
non-English dominant students.
As added by P.L.1-2005, SEC.14. Amended by P.L.234-2007,
SEC.110.
IC 20-30-9-8
Placement of children in programs
Sec. 8. (a) Students whose dominant language is English shall be
allowed to participate in the bilingual-bicultural program unless their
participation will hinder the progress of the non-English dominant
students.
(b) Students enrolled in a program of bilingual-bicultural
education shall, if graded classes are used, be placed, to the extent
practicable, in classes with students of approximately the same age
and level of educational attainment, as determined after considering
the attainment through the use of all necessary languages.
(c) If students of significantly varying ages or levels of
educational attainment are placed in the same class, the program of
bilingual-bicultural education must seek to ensure that each student
is provided with instruction appropriate for the student's level of
educational attainment. The ultimate objective is to place the
bilingual-bicultural student in the regular course of study.
As added by P.L.1-2005, SEC.14.
IC 20-30-9-9
Notice of placement
Sec. 9. (a) Before placing a student in a bilingual-bicultural
program, the governing body of the school corporation in which the
student resides shall notify the student's parent of the placement.
(b) The notice required in subsection (a) must be in English and
the appropriate non-English language. The notice must state the
purposes, methods, and content of the program and must inform the
parent of the parent's right to:
(1) visit the program; and
(2) if the student is less than eighteen (18) years old, refuse the
student's placement or withdraw the student from the program.
As added by P.L.1-2005, SEC.14.
IC 20-30-9-10
Local and corporation advisory committees
Sec. 10. (a) Before June 1 of each year, the principal of each
school operating a bilingual-bicultural program shall appoint a local
advisory committee composed of:
(1) teachers of bilingual-bicultural instruction who are
proficient in both English and a non-English language and
certified to teach a subject, including the history and culture of
both the United States and the homeland of the non-English
language;
(2) counselors;
(3) community members; and
(4) parents of students enrolled or eligible for enrollment in the
bilingual-bicultural program.
A majority of the committee members must be parents of students
enrolled or eligible for enrollment in the bilingual-bicultural
program.
(b) Before July 1 of each year, the governing body of each school
corporation operating a bilingual-bicultural program shall select at
least one (1) representative from each local advisory committee to
serve on a corporation advisory committee. A majority of the
committee members must be parents of students enrolled or eligible
for enrollment in the program.
(c) A member of a local and corporation advisory committee
holds the position for one (1) year.
(d) The local and corporation advisory committees shall
participate in planning, implementing, and evaluating the
bilingual-bicultural programs. All bilingual-bicultural programs must
be approved by the appropriate local advisory committee before
implementation. If the advisory committee refuses to approve a
program, the division shall arbitrate the dispute.
(e) All school corporations wishing to implement a
bilingual-bicultural program shall apply to the state superintendent.
(f) All bilingual-bicultural programs must be approved by the state
board to qualify for the distribution of state funds to school
corporations for the bilingual-bicultural programs.
As added by P.L.1-2005, SEC.14.
IC 20-30-9-11
Summer and preschool bilingual-bicultural courses
Sec. 11. School corporations may establish full-time or part-time
summer or preschool bilingual-bicultural courses. However, the
courses are not substitutes for bilingual-bicultural programs required
during the normal school year.
As added by P.L.1-2005, SEC.14.
IC 20-30-9-12
Duties of division
Sec. 12. The division:
(1) shall aid school corporations in developing
bilingual-bicultural programs by:
(A) evaluating instructional materials;
(B) compiling material on the theory and practice of
bilingual-bicultural instruction;
(C) encouraging innovative programs; and
(D) otherwise providing technical assistance to the
corporations;
(2) shall aid school corporations in developing and
administering in-service training programs for school
administrators and personnel involved in bilingual-bicultural
programs;
(3) shall monitor and evaluate bilingual-bicultural programs
conducted by school corporations;
(4) shall make an annual report on the status of the
bilingual-bicultural programs to the governor and the general
assembly;
(5) shall establish bilingual-bicultural educational resource
centers for the use of the school corporations; and
(6) may establish guidelines to implement this chapter.
A report made under subdivision (4) to the general assembly must be
in an electronic format under IC 5-14-6.
As added by P.L.1-2005, SEC.14.
IC 20-30-9-13
Application by school corporation for funds; determination by
division; criteria
Sec. 13. (a) Each school corporation must apply to the division to
receive funds under this chapter. The division director shall
determine on a competitive basis which bilingual-bicultural programs
are to receive the funds under this chapter. The criteria for
determining the distribution of funds are as follows:
(1) The extent to which the educational needs identified and
addressed in the application for funds are for
bilingual-bicultural programs in areas having the greatest need
in Indiana.
(2) The extent to which educational needs are clearly identified
and realistic objectives are carefully planned to meet the
objectives.
(3) The extent to which the application sets forth quantifiable
measurement of the success of the proposed bilingual-bicultural
program in providing students who do not speak English as a
dominant language with language skills necessary for the
students' education.
(4) The extent to which the application contains evidence that:
(A) the costs of bilingual-bicultural program components are
reasonable in relation to the expected benefits;
(B) the proposed bilingual-bicultural program will be
coordinated with existing efforts; and
(C) all possible efforts are being made to minimize the
amount of funds requested for purchase of equipment
necessary for implementation of the proposed
bilingual-bicultural program.
(5) The extent to which the application indicates that the
personnel to be employed in the bilingual-bicultural program
possess qualifications relevant to the objectives of the
bilingual-bicultural program.
(b) The division director may not award more than three hundred
dollars ($300) per student under this chapter.
As added by P.L.1-2005, SEC.14.
IC 20-30-9-14
Length of funding
Sec. 14. The bilingual-bicultural program of a school corporation
may be funded for a minimum of five (5) years under this chapter.
As added by P.L.1-2005, SEC.14.