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From: "Ken Taber" <kentaber@inetgenesis.com>
To: Multiple recipients of list <nifl-esl@literacy.nifl.gov>
Subject: [NIFL-ESL:9473] The English Education Act (H 3703) SC
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"This SC House Bill 3703 bill did not get out of committee this year. It was
called the English Education Act. On one hand it says that parents have the
right to sue and that SC has a constitutional duty to teach foreign-born
students. On the other hand it says that learning of the English language
normally does not exceed two years. It limits funding to only two years and
mandates a Sheltered English Immersion approach. The next session of the SC
House begins in January 2004 and I am worried how the SC legislature will
address their constitutional duties in the upcoming session." -Ken
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Search Legislation
Session 115 - (2003)
H 3703
H 3703 General Bill, By Keegan, Bales, Barfield, Clemmons, Edge,
Herbkersman,
Leach, Neilson, Vaughn, Viers, Witherspoon and Young
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER
38
TO TITLE 59 SO AS TO ESTABLISH THE ENGLISH EDUCATION ACT, TO DEFINE CERTAIN
TERMS, TO PROVIDE HOW ENGLISH LANGUAGE LEARNERS ARE CLASSIFIED, TO PROVIDE
THAT
ENGLISH LANGUAGE INSTRUCTION IN A PUBLIC SCHOOL NORMALLY MUST NOT EXCEED TWO
SCHOOL YEARS, TO PROVIDE WHEN A PARENT OR LEGAL GUARDIAN MAY WAIVE THE
ENGLISH
LANGUAGE INSTRUCTION, TO PROVIDE THAT A PARENT OR LEGAL GUARDIAN OF A CHILD
ENROLLED IN A PUBLIC SCHOOL HAS STANDING TO SUE FOR ENFORCEMENT OF THE
ENGLISH
EDUCATION ACT, TO PROVIDE FOR THE MONITORING OF THE STUDENTS LEARNING
ENGLISH
AND OTHER ACADEMIC SUBJECTS THROUGH STANDARDIZED TESTING, AND TO PROVIDE
THAT A
SCHOOL DISTRICT IS NOT ELIGIBLE FOR MORE THAN TWO FISCAL YEARS OF STATE
ENTITLEMENT MONIES FOR A STUDENT IN AN ENGLISH LANGUAGE LEARNING PROGRAM.
02/26/03 House Introduced and read first time HJ-116
02/26/03 House Referred to Committee on Education and Public
Works HJ-117
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38 TO
TITLE 59 SO AS TO ESTABLISH THE ENGLISH EDUCATION ACT, TO DEFINE CERTAIN
TERMS, TO PROVIDE HOW ENGLISH LANGUAGE LEARNERS ARE CLASSIFIED, TO PROVIDE
THAT ENGLISH LANGUAGE INSTRUCTION IN A PUBLIC SCHOOL NORMALLY MUST NOT
EXCEED TWO SCHOOL YEARS, TO PROVIDE WHEN A PARENT OR LEGAL GUARDIAN MAY
WAIVE THE ENGLISH LANGUAGE INSTRUCTION, TO PROVIDE THAT A PARENT OR LEGAL
GUARDIAN OF A CHILD ENROLLED IN A PUBLIC SCHOOL HAS STANDING TO SUE FOR
ENFORCEMENT OF THE ENGLISH EDUCATION ACT, TO PROVIDE FOR THE MONITORING OF
THE STUDENTS LEARNING ENGLISH AND OTHER ACADEMIC SUBJECTS THROUGH
STANDARDIZED TESTING, AND TO PROVIDE THAT A SCHOOL DISTRICT IS NOT ELIGIBLE
FOR MORE THAN TWO FISCAL YEARS OF STATE ENTITLEMENT MONIES FOR A STUDENT IN
AN ENGLISH LANGUAGE LEARNING PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that:
(1) The public schools of the State have an obligation and a
constitutional duty to provide all of South Carolina's children, regardless
of their ethnicity or national origins, with the skills necessary to become
productive members of our society. Of these skills, literacy in the English
language is among the most important.
(2) In the past, many immigrant children have not been provided, in a
timely way, with the level of English language literacy skills necessary for
them to be able to perform successfully in the regular classroom and were,
therefore, denied the educational opportunities which would have otherwise
been available to them.
(3) Immigrant children, like other children, easily can acquire full
fluency and literacy in a new language. It is the intent of the General
Assembly that all children in South Carolina be taught English language
skills and be instructed in English as rapidly and effectively as possible.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 38
English Education Act
Section 59-38-10. This chapter may be cited as the 'English Education
Act'.
Section 59-38-20. As used in this chapter, unless the context otherwise
requires:
(1) 'Bilingual education' or 'native language instruction' means a
language acquisition process for students in which all or substantial
portions of the instruction, textbooks, and teaching materials are in the
child's native language other than English.
(2) 'English language classroom' means a classroom in which the language
of instruction used by the teaching personnel is overwhelmingly the English
language, and in which all the teaching personnel are fluent and literate in
the English language. English language classrooms encompass both English
language mainstream classrooms and sheltered English immersion classrooms.
(3) 'English language learner" means a child who is not fluent in
English, who is not currently able to perform regular classroom work in
English, and whose native language is a language other than English.
(4) 'English language mainstream classroom' means a regular classroom in
which the students either are native English language speakers or already
have acquired reasonable fluency in English.
(5) 'Sheltered English immersion' means an English language acquisition
process for students whose native language is not English in which nearly
all classroom instruction is in English, but in which the curriculum and
presentation are designed for children who are learning English. In
sheltered English immersion, books and instructional materials are in
English and all reading, writing, and subject matter are taught in English.
Although teaching personnel may use a minimal amount of the child's native
language when necessary, the majority of the instruction must be taught in
English, and children in this program learn to read and write solely in
English.
Section 59-38-30. (A) Beginning October 1, 2004, and by October 1 each
year after that, a school district shall ascertain, pursuant to rules
adopted and regulations promulgated by the State Board of Education, the
number of English language learners enrolled in the school district in
kindergarten through twelfth grade and shall classify them according to:
(1) the program in which each is enrolled;
(2) the grade level in which each is enrolled; and
(3) the language in which each possesses primary speaking ability.
(B) Aggregated information ascertained pursuant to this section must be
made available publicly on websites posted by the school district and by
each public school of the school district in which English language learners
are enrolled. Each public school shall report to its local school district
each English language learner's progress toward inclusion in an English
language mainstream classroom.
Section 59-38-40. (A) Except as otherwise provided in Section
59-38-50, children enrolled in the public schools of the State must be
taught English without delay and placed in English language classrooms as
soon as practicable after achieving reasonable fluency. A school district
shall educate children who are English language learners through sheltered
English immersion during a temporary transition period normally not intended
to exceed two school years. A school district shall permit, but not require,
public schools of the school district to place in the same English language
instruction classroom English language learners whose degree of English
proficiency is similar, regardless of whether their native languages are
similar. Once an English language learner has acquired reasonable fluency in
English and is able to perform regular classroom work in English, the
student's school district shall classify the student as an English language
learner no longer and shall transfer the student to English language
mainstream classrooms.
(B) Where available, per pupil supplemental funding for English language
learners must be maintained.
(C) This section does not affect foreign language classes for children
who are not English language learners and special educational programs for
physically or mentally impaired students.
Section 59-38-50. (A) A school district may waive the requirements of
Section 59-38-40 with the annual prior, written, informed consent of the
child's parent or legal guardian as specified in this section. The informed
consent must require that the child's parent or legal guardian initiate the
parental exception waiver process. The school shall provide the parent or
legal guardian with a full description, in a language he can understand, of
the program and educational materials used in each available language
acquisition program choice and of all of the public school educational
opportunities available to the child. If a parental exception waiver is
requested and granted pursuant to this section, the school district may
transfer the child to classes teaching English and other subjects through
bilingual education or other generally recognized educational methodologies
as permitted by law. A child who receives a waiver may transfer to a public
school that offers a program suited to the child's needs. If the child
transfers to another school district, the school district in which the child
is enrolled shall forward to the receiving school district the base student
cost each year as determined in the Education Finance Act for the child,
reduced in proportion to the time remaining in the school year.
(B) A parent or legal guardian may apply for a parental exception waiver
if:
(1) the child has been educated in the South Carolina school system for
three years or less;
(2) the child already possesses good English language skills, as measured
by a State Board of Education-approved standardized test of English
vocabulary comprehension, reading, and writing, on which the child scores at
or above the state average for his grade level; and
(3) it is the informed belief of the child's parent, school principal,
and educational staff that an alternate educational methodology is better
suited to the child's overall educational progress and rapid acquisition of
basic English language skills.
(C) To be approved, a waiver application must contain the original
authorizing signatures of both the school principal and the school district
superintendent or his designee. The waiver must be renewed at the beginning
of each school year. A decision to issue an individual waiver pursuant to
this subsection must be made subject to an approved assessment of student
progress and approval of the school district superintendent or his designee,
pursuant to guidelines established by and subject to the review of the
county boards of education.
(D) If complying with the requirements of Section 59-38-40 constitutes a
financial hardship to a school or if a school cannot meet the needs of a
student, the school may provide alternative means of meeting the students'
needs as established by standards set by the State Board of Education.
Section 59-38-60. (A) A student in grades kindergarten through twelve
of the public schools of this State has the right to receive, at the public
school of his choice, an English language education.
(B) The parent or legal guardian of a child enrolled in a public school
of this State has legal standing to sue for enforcement of the provisions of
this chapter.
Section 59-38-70. (A) For purposes of this section, 'test' means the
state-approved standardized test of academic subject matter given in
English, administered pursuant to Section 59-18-310.
(B) To ensure that the educational progress of students in learning
English together with other academic subjects is monitored properly, the
test must be administered at least once each year to English language
learners in grades three through twelve.
(C) Only English language learners classified as severely learning
disabled are exempted from taking the test.
(D) A student's performance rating on the test must be provided to his
parent or legal guardian, and the state average and distributional data for
individual schools and school districts must be made available publicly on
the state's website. Although administration of the test is required solely
for monitoring educational progress, public officials and administrators may
utilize the aggregate test scores for other reporting purposes.
Section 59-38-80. (A) A school district is not eligible for more than
two fiscal years of state entitlement monies on behalf of a student
identified for inclusion in this English Education Act.
(B) A school district is not eligible for funding from this program if
the district does not comply with the provisions of this chapter."
SECTION 3. This act takes effect upon approval by the Governor.
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