September 27, 2005, Introduced by Reps. Tobocman and Condino and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 1153 and 1155 (MCL 380.1153 and 380.1155), as
amended by 1995 PA 289, and by adding sections 1154, 1156, and
1158.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1153. (1) The board of a school district having an
enrollment of 20 or more children of limited English-speaking
ability in a language classification in grades K to 12 shall
establish and operate a bilingual instruction program for those
children.
(2) (1)
The board of a school district that has an
enrollment of fewer than 20 children of limited English-speaking
ability may establish and operate a bilingual instruction program
in a language classification for children of limited English-
speaking ability.
(3) Children enrolled in a bilingual instruction program
operated under this section may be placed in classes with other
children of approximately the same age and grade level. If children
of different age groups or grade levels are combined, the board
shall insure that the instruction given each child is appropriate
to the child's level of educational attainment.
(4) (2)
A child of limited
English-speaking ability residing
in a district that does not have an appropriate bilingual
instruction program or that is not required to have a bilingual
instruction program may enroll in a bilingual instruction program
in another school district. If a child enrolls in a bilingual
instruction program in another school district under this
subsection, the school district in which the child resides shall
pay any tuition charged for the pupil and shall provide
transportation for the pupil.
(5) (3)
If fewer than 20 children of limited English-
speaking ability in a language classification are enrolled in a
school district, the intermediate school board shall determine
whether the total number of these children residing in its
constituent districts that do not operate bilingual instruction
programs warrants the establishment of an intermediate bilingual
instruction-support
program. An intermediate school
district may
operate
or contract operating or contracting for the operation of
a
bilingual program or service , and may carry children enrolled
in the program in membership in the same manner as a local school
district and be entitled to its proportionate share of state funds
available for the program. Membership shall be calculated under
rules promulgated by the state board. The intermediate school board
shall consider all of the following:
(a) Whether the cost of operating an intermediate bilingual
instruction-support program is justified by the number of children
at each grade level who would benefit from its establishment.
(b) Whether alternative methods of providing a bilingual
instruction-support program, such as visiting teachers or part-time
instruction, can be provided.
(4)
The state shall continue to fund programs of bilingual
instruction
described in this section at least at the level that
instruction
is funded in the 1995-1996 state fiscal year.
Sec. 1154. The bilingual instruction program operated by a
school district shall be a full-time program of bilingual
instruction in all of the following:
(a) The courses and subjects required by this act.
(b) The courses and subjects required by the board for
completion of the grade level in which the child is enrolled.
Sec.
1155. (1) Prior to Before the placement of a child of
limited English-speaking ability in a bilingual instruction
program, the board of the local school district in which the child
resides shall notify, by registered mail, the child's parents or
legal guardian that the child is being enrolled in a bilingual
instruction program. The notice shall contain a simple,
nontechnical description of the purposes, method, and content of
the program and shall inform the parents or guardian that they have
the right to visit bilingual instruction classes in which their
child is enrolled.
(2) The notice shall be written in English and in the native
language of the child of limited English-speaking ability.
(3) The notice shall inform the parents or guardian that they
have the absolute right to refuse the placement or to withdraw
their child from the program by giving written notice to the board
of the local school district in which the child resides.
(4) A child of limited English-speaking ability residing in a
school district operating or participating in a bilingual
instruction program pursuant to section 1153 shall be enrolled in
the bilingual instruction program for 3 years or until the child
achieves a level of proficiency in English language skills
sufficient to receive an equal educational opportunity in the
regular school program, whichever occurs first. A child of limited
English-speaking ability shall not be transferred out of a
bilingual instruction program before the child's third year of
enrollment unless the parent or guardian of the child approves the
transfer in writing or unless the child successfully completes an
examination that, in the determination of the state board, reflects
a level of proficiency in English language skills appropriate to
the child's grade level.
Sec. 1156. The board of a school district operating a
bilingual instruction program pursuant to section 1153 shall
establish an advisory committee to assist the board in evaluating
and planning the bilingual instruction program. The advisory
committee shall be comprised of representatives of parents of
children enrolled in the program, bilingual instruction teachers
and counselors, and members of the community. A majority of the
members of the advisory committee shall be parents of children
enrolled in the bilingual instruction program.
Sec. 1158. The state board shall do all of the following:
(a) Advise and assist school districts in complying with and
implementing sections 1152 to 1158.
(b) Study, review, and evaluate textbooks and instructional
materials, resources, and media for use in bilingual instructional
programs.
(c) Compile data relative to the theory and practice of
bilingual instruction and pedagogy.
(d) Encourage experimentation and innovation in bilingual
education.
(e) Recommend curriculum development and testing mechanisms.
(f) Make an annual report relative to bilingual instruction
programs to the legislature and the governor.