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References and Citations

The NJDOE requires LEAs provide students identified as multilingual learners with culturally and linguistically responsive, research-based, and effective language instruction educational programs (LIEPs). This requirement is anchored in federal and state laws, pursuant to to 26 and N.J.A.C. 6A:15.

The references and citations which follow contain hyperlinks to the source of information provided in each section of the Language Instruction Educational Program (LIEP) Three-Year Plan. Local Education Agencies (LEAs) should use this list to help inform the responses on the LIEP Plan. This is not an exhaustive list and should be used in conjunction with other available sources of data such as LEA developed assessments.

Background - Regulatory Requirements

  • – Title VI prohibits discrimination on the grounds of race, color, or national origin by recipients of federal financial The Title VI regulatory requirements have been interpreted to prohibit denial of equal access to education because of a language minority student's limited proficiency in English.
  • – This legal decision stipulated that a LEA violates the Fourteenth Amendment and the Civil Rights Act of 1964 and constitutes an unequal educational opportunity when it teaches exclusively in English and fails to provide non-English speaking students with supplemental English language classes.
  • – This legal decision stipulated that every student must receive a free and appropriate education regardless of U.S. documentation status (1982).
  • N.J.A.C. 6A:15, Bilingual Education – NJ administrative code stipulates the requirement for an educational plan that details language instruction educational programs (LIEPs) provided for multilingual learners, specifies the components the plan shall present, and provides a guidepost for the steps required in a program implementation.
  • -2.1 – NJ administrative code requires all LEAs to implement a coherent curriculum for all students. The curriculum shall guide instruction to ensure that every student masters the New Jersey Student Learning Standards (NJSLS). Instruction shall be designed to engage all students and modified based on student performance.
  • -7.1 – NJ administrative code requires each LEA to provide interpretation in the dominant language of the parent or adult student.
  • – This regulation details the formula for state aid necessary to provide a high-quality education, including specifically addressing the supplemental needs of those with limited English proficiency (LEP).
  • 1981 – This legal ruling states LIEPs must be based on “sound educational theory, implemented effectively (e.g. staff capacity, tools, resources), and evaluated for effectiveness.
  • NJTSS One-Page Brief – Highlights NJ’s framework of academic and behavioral supports and interventions to improve student achievement. Bilingual classrooms are part of a Tier 1 level of support in the New Jersey Tiered Systems of Support (NJTSS)

Identification of Multilingual Learners

  • 1981 – This legal ruling states LIEPs must be based on “sound educational theory, implemented effectively (e.g. staff capacity, tools, resources), and evaluated for effectiveness.
  • NJTSS One-Page Brief – Highlights NJ’s framework of academic and behavioral supports and interventions to improve student achievement. Bilingual classrooms are part of a Tier 1 level of support in the New Jersey Tiered Systems of Support (NJTSS)

LIEP Description

  • – ESEA reauthorizations establishes all LEAs shall implement and sustain effective LIEPs designed to assist in teaching multilingual learners, including immigrant children and youth to achieve at high levels in academic subjects so that all multilingual learners can meet the same challenging State academic standards that all children are expected to meet.
  • – Stipulates the State Board of Education shall review and update curriculum standards every five years to ensure appropriate and equitable access to an educational opportunity.
  • – This section addresses the need for LEAs to conduct outreach to parents and family members implementing programs, activities, and procedures for participating students. ESSA further requires that schools engage parents in regular, two-way communication that is meaningful and pertains to academic learning and other school activities.
  • – States each board of education shall provide, to the maximum practicable, involvement of parent(s) of multilingual learners in the development and review of program objectives.
  • QSAC Operations Indicators 7, 15, and 17 – Emphasizes positive, proactive, and preventive practices aligned to a student's sense of physical and emotional safety fosters optimal conditions for learning.

Number of certified staff hired for the LIEP (staff capacity)

  • – This section supports the implementation of effective approaches and methodologies for teaching multilingual learners and implementing LIEPs with fidelity.
  • (a)(1) – This section stipulates that leadership support the implementation of effective approaches and methodologies for teaching multilingual learners and implementing LIEPs with fidelity.
  • (d)(3)(A)(B) – This section describes Subgrantee activities- (c) an eligible entity receiving funds under section 3114(a) may use the funds to achieve any of the purposes described in subsection (a) by undertaking 1 or more of the following activities to multilingual learners: (A) tutorials and academic or career and technical education; and (B) intensified instruction, which may include materials in a language that the student can understand, interpreters, and translators.

Professional Development

Develop a plan for in-service training for bilingual, ESL, and general education teachers; administrators who supervise bilingual/ESL programs; and any personnel who observe and evaluate teachers of multilingual learners aligned with the LEA Professional Development Plans. The plan shall include instructional strategies and appropriate assessments to help multilingual learners meet the NJSLS and the WIDA English language development standards.

  • – An eligible entity receiving funds under section 3114(a) shall use the funds-to provide effective professional development to classroom teachers, principals and other school leaders, administrators, and school or community-based organizational
  • – This section stipulates the required certification and training of educators of multilingual learners and supervisors of LIEPs.
  • -2.1(b)(2) – This section stipulates the required training educators must receive to ensure all students, including multilingual learners can access the state standards.

Bilingual and ESL curriculum development

  • – This section describes Subgrantee activities- (c) an eligible entity receiving funds under section 3114(a) may use the funds to achieve any of the purposes described in subsection (a) by undertaking 1 or more of the following activities to multilingual learners: (A) tutorials and academic or career and technical education; and (B) intensified instruction, which may include materials in a language that the student can understand, interpreters, and translators.
  • – This section provides a process to request a waiver from the Bilingual Education requirement and establish an alternative LIEP.
  • -3.4(a)(2)(i) – This section stipulates school LEAs shall conduct a comprehensive early literacy assessment of multilingual learners proficiency in English language arts (ELA).
  • (ELD) – Provides a framework and a foundation for curriculum, instruction and assessment for multilingual learners in kindergarten through grade 12. The ELD Standards Framework is centered on equity and fosters the assets, contributions and potential of multilingual learners.
  • – Outlines the requirements for LEA boards of education to provide ESL based on the ELD Standards. This provision meets the legal requirements under Lau v. Nichols, Civil Rights Act of 1964, Castañeda v. Pickard.
  • – The legislation recognizes and affirms the value of speaking multiple languages, other than English. MULTILINGUAL LEARNERs enter N.J. schools with a language value asset.
  • (01/07/15) – U.S. Department of Education Office for Civil Rights letter which states that MULTILINGUAL LEARNERs cannot be excluded from gifted programs due to their lack of English proficiency (p. 21).
  • – This law requires the Commissioner of Education to develop guidance on identifying English language learners for gifted and talented programs.
  • – Provides guidance on P.L. 2017, c.171 (A-4175) which ensures that MULTILINGUAL LEARNERs are appropriately identified and have access to gifted and talented programs.
  • – Makes provisions for the ongoing identification of any student, including multilingual learners, who demonstrate strengths in intellectual ability, creativity, or specific academic area.

Evaluation design

  • : Chapter 9 – Tools and resources for evaluating the effectiveness of a LEA’s LIEP.
  • – These regulations outline a LEA’s responsibility to ensure the evaluation of the effectiveness of the education of multilingual learners.
  • – These regulations require all courses to be developed, reviewed, evaluated and revised to ensure alignment with the standards and progress toward graduation. In addition, N.J.A.C. 6A:13 requires the evaluation of professional development to ensure effectiveness toward student outcomes.
  • NJTSS – Monitoring tools and procedures for the ongoing review of progress to assess student outcomes, determine the effectiveness of academic and behavioral interventions, and determine the rate of student improvement.
  • – These reports can be used as a tool to help evaluate whether all students have equitable access to high quality education.
  • Homeroom: – Provides accountability data based on student performance on ACCESS and student progress toward meeting English proficiency.
  • Graduation rate – Provides adjusted cohort graduation rates by LEA, school, and demographics.

Review Process for Exit

  •  
  • – Former multilingual learners are monitored for two years after they exit multilingual learner status (QSAC DPR I&P #5). 
  • WIDA Performance Definitions Rubrics – The and rubrics provide guideposts for what an multilingual learners Can Do at the discourse, sentence, and word/phrase dimensions for each ELP level. 

Budget Plan

The LEA shall use state and federal funds to support multilingual learners. The federal funds shall supplement the state funds. 

  • (b)(2)(A) – Stipulates that Title III funds must be used for students who are identified as multilingual learners. 
  • NJDOE Title III and Title III Immigrant Federal Funding Resource Document.