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-Englishlanguage to teach students. It includes instruction in the history andculture of both the United States and the homeland of thenon-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-Englishdominant students, designed to meet the students' language skillneeds 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 ofmigrant 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 conductedsolely in English because:
(1) the students' native tongue is not English;
(2) the language most often spoken by the students is notEnglish; or
(3) the language most often spoken in the students' homes is notEnglish.
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-biculturalprograms for all qualified students enrolled in Indiana public schoolsthrough the establishment of the programs by school corporations.The state recognizes the need for and the desirability of the programsto:
(1) aid students to reach their full academic level ofachievement; 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 abilingual-bicultural program for the improvement of educationalopportunities for non-English dominant students by doing thefollowing:
(1) Supporting and planning pilot and demonstration projectsthat are designed to test and demonstrate the effectiveness ofprograms for improving educational opportunities fornon-English dominant students.
(2) Assisting in the establishment and operation of programsthat are designed to stimulate:
(A) the provision of educational services not available tonon-English dominant students in sufficient quantity orquality; and
(B) the development and establishment of exemplaryprograms to serve as models for regular school programs inwhich non-English dominant students are educated.
(3) Assisting in the establishment and operation of pre-serviceand in-service training programs for persons servingnon-English dominant students as educational personnel.
(4) Encouraging the dissemination of information and materialsrelating to and the evaluation of the effectiveness of educationprograms that may offer educational opportunities tonon-English dominant students. For activities described in thissection, preference shall be given to the training of non-Englishdominant students, including innovative programs related to theeducational 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 educationalservices and programs
Sec. 7. The state superintendent may assist and stimulate schoolcorporations in developing and establishing bilingual-biculturaleducational services and programs specifically designed to improveeducational opportunities for non-English dominant students. Fundsmay be used for the following:
(1) To provide educational services not available to thenon-English dominant students in sufficient quantity or quality,including:
(A) remedial and compensatory instruction, psychological,and other services designed to assist and encouragenon-English dominant students to enter, remain in, or reenterelementary or secondary school;
(B) comprehensive academic instruction and career andtechnical instruction;
(C) instructional materials (such as library books, textbooks,and other printed or published or audiovisual materials) andequipment; (D) comprehensive guidance, counseling, and testingservices;
(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 innovativeeducational programs and resource centers that involve neweducational approaches, methods, and techniques designed toenrich programs of elementary and secondary education fornon-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 beallowed to participate in the bilingual-bicultural program unless theirparticipation will hinder the progress of the non-English dominantstudents.
(b) Students enrolled in a program of bilingual-biculturaleducation shall, if graded classes are used, be placed, to the extentpracticable, in classes with students of approximately the same ageand level of educational attainment, as determined after consideringthe attainment through the use of all necessary languages.
(c) If students of significantly varying ages or levels ofeducational attainment are placed in the same class, the program ofbilingual-bicultural education must seek to ensure that each studentis provided with instruction appropriate for the student's level ofeducational attainment. The ultimate objective is to place thebilingual-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-biculturalprogram, the governing body of the school corporation in which thestudent resides shall notify the student's parent of the placement.
(b) The notice required in subsection (a) must be in English andthe appropriate non-English language. The notice must state thepurposes, methods, and content of the program and must inform theparent of the parent's right to:
(1) visit the program; and
(2) if the student is less than eighteen (18) years old, refuse thestudent'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 eachschool operating a bilingual-bicultural program shall appoint a local
advisory committee composed of:
(1) teachers of bilingual-bicultural instruction who areproficient in both English and a non-English language andcertified to teach a subject, including the history and culture ofboth the United States and the homeland of the non-Englishlanguage;
(2) counselors;
(3) community members; and
(4) parents of students enrolled or eligible for enrollment in thebilingual-bicultural program.
A majority of the committee members must be parents of studentsenrolled or eligible for enrollment in the bilingual-biculturalprogram.
(b) Before July 1 of each year, the governing body of each schoolcorporation operating a bilingual-bicultural program shall select atleast one (1) representative from each local advisory committee toserve on a corporation advisory committee. A majority of thecommittee members must be parents of students enrolled or eligiblefor enrollment in the program.
(c) A member of a local and corporation advisory committeeholds the position for one (1) year.
(d) The local and corporation advisory committees shallparticipate in planning, implementing, and evaluating thebilingual-bicultural programs. All bilingual-bicultural programs mustbe approved by the appropriate local advisory committee beforeimplementation. If the advisory committee refuses to approve aprogram, the division shall arbitrate the dispute.
(e) All school corporations wishing to implement abilingual-bicultural program shall apply to the state superintendent.
(f) All bilingual-bicultural programs must be approved by the stateboard to qualify for the distribution of state funds to schoolcorporations 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-timesummer or preschool bilingual-bicultural courses. However, thecourses are not substitutes for bilingual-bicultural programs requiredduring 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 developingbilingual-bicultural programs by:
(A) evaluating instructional materials;
(B) compiling material on the theory and practice ofbilingual-bicultural instruction; (C) encouraging innovative programs; and
(D) otherwise providing technical assistance to thecorporations;
(2) shall aid school corporations in developing andadministering in-service training programs for schooladministrators and personnel involved in bilingual-biculturalprograms;
(3) shall monitor and evaluate bilingual-bicultural programsconducted by school corporations;
(4) shall make an annual report on the status of thebilingual-bicultural programs to the governor and the generalassembly;
(5) shall establish bilingual-bicultural educational resourcecenters 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 bein 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 bydivision; criteria
Sec. 13. (a) Each school corporation must apply to the division toreceive funds under this chapter. The division director shalldetermine on a competitive basis which bilingual-bicultural programsare to receive the funds under this chapter. The criteria fordetermining the distribution of funds are as follows:
(1) The extent to which the educational needs identified andaddressed in the application for funds are forbilingual-bicultural programs in areas having the greatest needin Indiana.
(2) The extent to which educational needs are clearly identifiedand realistic objectives are carefully planned to meet theobjectives.
(3) The extent to which the application sets forth quantifiablemeasurement of the success of the proposed bilingual-biculturalprogram in providing students who do not speak English as adominant language with language skills necessary for thestudents' education.
(4) The extent to which the application contains evidence that:
(A) the costs of bilingual-bicultural program components arereasonable in relation to the expected benefits;
(B) the proposed bilingual-bicultural program will becoordinated with existing efforts; and
(C) all possible efforts are being made to minimize theamount of funds requested for purchase of equipmentnecessary for implementation of the proposedbilingual-bicultural program.
(5) The extent to which the application indicates that thepersonnel to be employed in the bilingual-bicultural program
possess qualifications relevant to the objectives of thebilingual-bicultural program.
(b) The division director may not award more than three hundreddollars ($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 corporationmay be funded for a minimum of five (5) years under this chapter.
As added by P.L.1-2005, SEC.14.