N.J. Admin. Code § 6A:15-1.9

Current through Register Vol. 56, No. 23, December 2, 2024

Section 6A:15-1.9 - LIEP placement, assessment, exit, and reentry

(a) All MLs from kindergarten through grade 12 shall be enrolled in an LIEP established by the district board of education in accordance with N.J.A.C. 6A:15-1.4(b) through (f) and 1.15(a), and P.L. 1995, c. 59 and c. 327.

(b) Students identified as MLs shall be assessed annually using ELP assessments to measure the progress toward English language proficiency and to determine readiness for exiting the LIEP. Students who meet the criteria for Statewide alternate assessments, pursuant to N.J.A.C. 6A:14-4.10(a)2, shall be assessed annually using an alternate ELP assessment.

(c) An ML enrolled in the LIEP shall be placed in a classroom(s) where the primary language of instruction is English when the ML has demonstrated readiness to exit an LIEP first by achieving the Department-established cut score on an ELP or alternate ELP assessment. The student's readiness shall be further assessed by the use of a Department-established English language observation form that considers, at a minimum: classroom performance; the student's reading level in English; the observations of the teaching staff members responsible for the educational program of the student; and performance on achievement tests in English.

1. Pursuant to 34 CFR 200.6(h)(4)(ii), an ML with a disability whose disability makes it impossible for the student to be assessed in a particular domain because there are no appropriate accommodations for assessing the student in that domain may be exited from ML status based on the student meeting the Department-determined cut score on the remaining domains in which the student was assessed.

(d) When the review process for exiting a student from an LIEP has been completed, the district board of education shall notify, by written communication, the student's parent of the placement determination. If the parent or a teaching staff member disagrees with the student's placement, the parent or teaching staff member may appeal the placement to the Commissioner, pursuant to N.J.S.A. 18A:6-9 and N.J.A.C. 6A:3, after exhausting the school district's appeal process.

(e) A parent may remove a student who is enrolled in an LIEP pursuant to N.J.S.A. 18A:35-22.1.

1. A student who is identified as an ML and whose parent refuses placement in an LIEP shall still access and meet the academic expectations of the NJSLS. Pursuant to N.J.A.C. 6A:8 and 6A:15-1.6, a district board of education shall ensure that students whose parents refuse placement are provided the appropriate instructional adaptations and appropriate assessment modifications and accommodations for Statewide assessments.

(f) The district board of education shall monitor, for a minimum of two years, the academic progress of students who are exited from an LIEP to ensure that the students are continually meeting or exceeding the NJSLS when the curriculum and instruction are delivered in English.

(g) Newly exited students who are not academically progressing in classes where English is the primary language of instruction may be considered for reentry to an LIEP as follows:

1. After a minimum of one-half an academic year and within two years of exit, the teacher delivering instruction in English may recommend retesting with the approval of the principal.

2. A waiver of the minimum time limitation may be approved by the executive county superintendent upon request of the chief school administrator if the student is experiencing extreme difficulty in adjusting to classes where English is the primary language of instruction.

3. The recommendation for retesting shall be based on the teacher's documented observation of a student's academic performance and data-based determination that the student is experiencing difficulties due to problems in using the English language to communicate effectively with peers and adults; understand directions given by the teacher; and/or comprehend basic verbal and written materials.

4. The student shall be tested using a different form of the English language proficiency assessment than the one used to exit the student from the LIEP.

5. If the student scores below the Department-determined cut score on the English language proficiency assessment, the student shall be reenrolled into an LIEP.

N.J. Admin. Code § 6A:15-1.9

Amended by R.2008 d.306, effective 10/20/2008.
See: 40 N.J.R. 2161(a), 40 N.J.R. 6200(b).
In (b), updated the N.J.A.C. reference.
Amended by R.2014 d.050, effective 3/17/2014.
See: 45 N.J.R. 399(a), 46 N.J.R. 501(a).
In (b), substituted "ESL" for "English as a second language (ESL)".
Administrative change.
See: 46 N.J.R. 1743(a).

Amended and recodified from 6A:15-1.10 by 55 N.J.R. 1708(a), effective 8/7/2023