Sec.10-17h-5. Determination of English language proficiency

(a) English Proficiency Determination. If on or before February 1, 1978 and each October 1 thereafter, it is ascertained in accordance with section 10-17h-4 that in any public school there are twenty or more children whose dominant language is any single language other than English, the board of education shall determine the English proficiency of such children. However, each child placed in a required program of bilingual education in accordance with section 10-17h-7 as of October 1 in any year shall be considered to have limited proficiency in English for the purposes of this section.

(b) Testing English Proficiency. The board of education shall use all of the following indicators to determine a child's English proficiency:

(1) standardized English language proficiency tests;

(2) academic grades or other periodic indicators of achievement received by each child in classes taught in English; and

(3) a personal interview with the child conducted in English by a person trained to conduct such an interview.

The State Board of Education shall issue supplemental guidelines to boards of education which shall include criteria for selecting standardized English language proficiency tests, a list of approved tests, standards for personal interviews and standards for training persons to conduct such interviews.

(c) Limited English Proficiency. Indications of a child's limited proficiency in English shall be as follows:

(1) when the child's score on a standardized English language proficiency test is at or below the thirtieth percentile according to national norms or at an equivalent level on tests for which percentile ranks are not available;

(2) when the child receives academic grades or other periodic indicators of achievement in classes taught in English which are significantly below average; and

(3) when as determined by the interviewer the child is unable to communicate in English well enough to participate fully in the regular school program.

(Effective November 1, 1977)