NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06D .0106
Plain English summary
This regulation establishes comprehensive requirements for Local Education Agencies (LEAs) to identify, assess, serve, and monitor limited English proficient (LEP) students. It mandates home language surveys at enrollment, annual program evaluations, parent involvement, and protections against improper exclusion from special education or gifted programs. Superintendents and LEAs must report student identification, placement, progress, and funding needs to the State Board of Education.
Key requirements
- Each superintendent or his delegate shall identify resources available to serve limited English proficient students
- coordinate programs and services to these students and their parents in the local school administrative unit
- report to the SBE information concerning the identification, placement, and educational progress of these students
- report funding needs for the provision of services to these students to the SBE
- LEAs shall report annually to the SBE information including but not limited to the number of students whose primary home language is other than English, the number of limited English proficient students identified and receiving services, the nature of the services, the number of limited English proficient students receiving special education services and services for the academically gifted, and data required to be reported to the U.S. Department of Education
- A home language survey shall be administered to every student at the time of enrollment and maintained in the student's permanent record
- LEAs shall then identify and assess every limited English proficient student who needs assistance in order to have access to the unit's instructional programs
- Each LEA which identifies limited English proficient students who need assistance shall adopt an effective method of determining the students' current level of English proficiency in order to determine what types of assistance are needed
- LEAs shall adopt a program or programs for limited English proficient students who need assistance which have a reasonable chance of allowing students to progress in school
- Program entry criteria shall be developed which take into account the student's educational background, English language proficiency, native language proficiency, and content area knowledge
- LEAs shall conduct a program evaluation annually
- LEAs shall adopt appropriate evaluative standards for measuring the progress of limited English proficient students in school
- The students shall not be maintained in alternative language programs longer than necessary based on program exit criteria but shall be monitored after exiting such programs for a minimum of six months and additional academic and English language support shall be provided if the students begin to have difficulty
- LEAs shall monitor the progress of limited English proficient students in English proficiency and in the BEP
- When a limited English proficient student is not making progress in school, the LEA shall conduct an evaluation of the student's program and make modification as needed
- Limited English proficient students shall participate in the statewide testing programs in accordance with 16 NCAC 6D .0301
- LEAs shall promote the involvement of parents of students of limited English proficiency in the educational program of their children
- LEAs shall notify national origin minority group parents of school activities which are called to the attention of other parents and these notices shall be provided in the home language if feasible
- LEAs shall ensure that limited English proficient students are not assigned to or excluded from special education programs because of their limited English language proficiency
- LEAs shall ensure that limited English proficient students are not categorically excluded from programs for the academically gifted and other specialized programs or support services such as guidance and counseling due to limited English proficiency
- LEAs shall ensure that limited English proficient students are educated in the least segregative manner based on the educational needs of the student and these students shall be included in all aspects of the regular school program in which they can perform satisfactorily
- The Department shall monitor the progress of LEAs in providing programs to all limited English proficient students
- The Department shall make available a list to all LEAs of teachers licensed in English as a Second Language (ESL)
- The Department shall administer the Teacher Education Program Approval process so as to ensure that all participants have an opportunity to gain an understanding of and develop strategies for addressing the educational needs of limited English proficient students
Affected parties
- LEAs (Local Education Agencies)
- limited English proficient students
- parents of limited English proficient students
- superintendents
- ESL teachers
- NC Department of Public Instruction
- State Board of Education (SBE)
- institutions of higher education (IHEs)
- national origin minority group parents
- special education students with limited English proficiency
- academically gifted limited English proficient students