Z-0429.1

SENATE BILL 5489


State of Washington	65th Legislature	2017 Regular Session

By Senators Zeiger, Rolfes, and Chase; by request of Superintendent of Public Instruction

Read first time 01/26/17. Referred to Committee on Early Learning & K-12 Education.

AN ACT Relating to aligning definitions relating to the transitional bilingual instruction program; and reenacting and amending RCW 28A.180.030.

Sec. 1. RCW 28A.180.030 and 2013 2nd sp.s. c 9 s 3 are each reenacted and amended to read as follows:

((As used)) The definitions in this section apply throughout this chapter((,)) unless the context clearly ((indicates)) requires otherwise((:)).

(1) "Eligible pupil" means any enrollee of the school district ((whose primary language is other than English and whose English language skills are sufficiently deficient or absent to impair learning)):

(a)(i) Who was not born in the United States or whose native language is a language other than English; (ii) who is a Native American or Alaska Native and comes from an environment where a language other than English has had a significant impact on the student's level of English language proficiency; or (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

(b) Whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual: (i) The ability to meet or exceed the state academic standards as measured by the statewide student assessment used for state or federal accountability purposes under chapter 28A.655 RCW; (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or (iii) the opportunity to participate fully in society.

(2) "Exited pupil" means a student previously enrolled in the transitional bilingual instruction program who is no longer eligible for the program based on his or her performance on an English proficiency assessment approved by the superintendent of public instruction.

(3) (("Primary language" means the language most often used by the student for communication in his/her home)) "Native language" means:

(b) In the case of a child or youth, the language normally used by the parents of the child or youth.

(a) A system of instruction which uses two languages, one of which is English, as a means of instruction to build upon and expand language skills to enable the pupil to achieve competency in English. Concepts and information are introduced in the ((primary)) native language and reinforced in the second language: PROVIDED, That the program shall include testing in the subject matter in English; or

(b) In those cases in which the use of two languages is not practicable as established by the superintendent of public instruction and unless otherwise prohibited by law, an alternative system of instruction which may include English as a second language and is designed to enable the pupil to achieve competency in English.