Proposed Amendments to Part 228 (Transitional Bilingual Education)

P.A. 98-639, effective June 9, 2014, amended Section 27A-5 of the School Code to require charter schools to comply with federal and state laws and regulations for the provision of services to English learners.  The rules need to make note of this mandate in two different Sections.  First, the definition of "school district" in Section 228.10 should acknowledge that the term includes charter schools.  Since Section 228.10 was under revision last summer at the time the public act took effect, "school district" was modified in that rulemaking.  This current rulemaking proposes a similar change in Section 228.5(b) to apply the provisions of Part 228 to charter schools.

P.A. 98-972, effective August 15, 2015, revamped the State assessment system, replacing the requirements found at Section 2-3.64 of the School Code with new Section 2-3.64a-5.  Section 228.15(e)(1) discusses the circumstances for not administering a screening instrument to a transfer student, which includes meeting or exceeding Illinois Learning Standards in reading and math on the "most recent State assessment administered under Section 2-3.64 of the School Code".  The statutory citation in this rule should be updated to Section 2-3.64a-5 of the School Code.  To recognize that a transfer student's most recent assessment may be one authorized under Section 2-3.64 of the School Code, staff are proposing using the term "predecessor assessment" since Section 2-3.64 no longer exists and therefore cannot be cited.

The proposed changes were discussed with the Illinois Advisory Council on Bilingual Education (IACBE), and no comments were received from members of the IACBE.

Initial Review by State Board of Education: March 2015

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