Chapter PI 13

Chapter PI 13

LIMITED-ENGLISH PROFICIENT PUPILS

Subchapter I — General Provisions

PI 13.01   Authority.

PI 13.02   Applicability and purpose.

PI 13.03   Definitions.

Subchapter II — School Board Requirements Relating to LEP Pupils

PI 13.04   Applicability and purpose.

PI 13.05   School board policy.

PI 13.06   Identification of LEP pupils.

PI 13.07   English proficiency assessment.

PI 13.08   Classification of LEP pupils.

PI 13.09   Testing of LEP pupils.

Subchapter III — Bilingual-Bicultural Education Programs

PI 13.10   Applicability and purpose.

PI 13.11   General requirements.

PI 13.12   School board policy.

PI 13.13   Program approved by department.

PI 13.14   Reimbursement.

PI 13.15   Reporting requirements.

PI 13.16   Department responsibilities.

Ch. PI 13 Note Note: Chapter PI 13 as it existed on May 31, 1985 was repealed and a new chapter PI 13 was created effective June 1, 1985. Chapter PI 13 was repealed and recreated by emergency rule effective October 1, 2002.

Ch. PI 13 Note Note: Chapter PI 13 as it existed on November 30, 2002 was repealed and a new chapter PI 13 was created effective December 1, 2002.

subch. I of ch. PI 13 Subchapter I — General Provisions

PI 13.01 PI 13.01 Authority. This chapter is adopted under ss. 115.95 to 115.996, and 118.30 (2) (b) 2., Stats.

PI 13.01 History History: CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

PI 13.02 PI 13.02 Applicability and purpose. This chapter establishes requirements for school districts whose population includes LEP pupils as follows:

PI 13.02(1) (1) Subchapter II establishes specific requirements for all school districts whose pupil population includes one or more LEP pupils, including procedures for the identification, assessment, and classification of LEP pupils and criteria and procedures to be used by a school district and charter school in determining whether to administer a test under s. 118.30 or 121.02 (1) (r), Stats., to an LEP pupil.

PI 13.02(2) (2) Subchapter III establishes specific requirements for school districts required to offer bilingual-bicultural education programs under s. 115.97 (2), (3), or (4), Stats.

PI 13.02 History History: CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

PI 13.03 PI 13.03 Definitions. In this chapter:

PI 13.03(2) (2) “Bilingual-bicultural education program” has the meaning defined under s. 115.955 (2), Stats.

PI 13.03(5) (5) “Bilingual teacher” means a person licensed under s. PI 3.47 prior to July 1, 2004 or s. PI 34.078 on or after July 1, 2004.

PI 13.03(6) (6) “Bilingual teacher’s aide” means a person who is employed to assist a teacher and who meets all of the following:

PI 13.03(6)(a) (a) Understands, speaks, reads, and writes English and the language of the group with whom the bilingual teacher’s aide will be working.

PI 13.03(6)(b) (b) Has a high school diploma or its equivalent.

PI 13.03(6)(c) (c) Knows the culture of the group with whom the bilingual teacher’s aide will be working.

PI 13.03(6m) (6m) “Charter school” means a charter school established under s. 118.40 (2r), Stats.

PI 13.03(7) (7) “Department” means the Wisconsin department of public instruction.

PI 13.03(8) (8) “Fully English proficient” means a former LEP pupil who can now read, write, speak and comprehend English within the academic classroom setting.

PI 13.03(9) (9) “LEP pupil” means a limited-English proficient pupil defined under s. 115.955 (7), Stats., who has difficulty with reading, writing, speaking or comprehending in English within the academic classroom setting.

PI 13.03(9m) (9m) “Private choice school” means a private school participating in the parental choice program for eligible school districts and other school districts under s. 118.60, Stats., or a private school participating in the Milwaukee parental choice program under s. 119.23, Stats.

PI 13.03(10) (10) “Test” means the examination administered to pupils enrolled in the 3rd, 4th, 8th, 9th, 10th and 11th grades under ss. 118.30 and 121.02 (1) (r), Stats.

PI 13.03 History History: CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02; CR 19-069: r. (1), (3), (4), cr. (9m), am. (10) Register February 2020 No. 770, eff. 3-1-20; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register February 2020 No. 770.

subch. II of ch. PI 13 Subchapter II — School Board Requirements Relating to LEP Pupils

PI 13.04 PI 13.04 Applicability and purpose. This subchapter establishes identification, assessment, classification, and reporting requirements for all school districts whose pupil population includes one or more LEP pupils. This subchapter also establishes criteria and procedures to be used by a school district, charter school, and private choice school in determining whether to administer a test under s. 118.30 or 121.02 (1) (r), Stats., to an LEP pupil.

PI 13.04 History History: CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02; CR 19-069: am. Register February 2020 No. 770, eff. 3-1-20.

PI 13.05 PI 13.05 School board policy. Each school board whose pupil population includes one or more LEP pupils shall adopt a policy regarding the identification, language assessment, classification and reclassification, support services, academic achievement and assessment, parental notification of testing under s. PI 13.09, and the design of the educational program or support for LEP pupils.

PI 13.05 History History: CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

PI 13.06 PI 13.06 Identification of LEP pupils. Each school board shall identify potential LEP pupils within the school district as part of the enrollment process using a home language survey and department-approved English proficiency assessment under s. PI 13.07. The school board shall identify pupils meeting any of the following criteria:

PI 13.06(1) (1) Pupils who communicate in a language other than English.

PI 13.06(2) (2) Pupils whose families use a language other than English.

PI 13.06(3) (3) Pupils who use a language other than English in daily non-school surroundings.

PI 13.06 History History: CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

PI 13.07 PI 13.07 English proficiency assessment. Each school board shall determine the English proficiency level of a pupil identified under s. PI 13.06 and shall place the pupil in an appropriate education program. The school board shall use a department-approved assessment instrument, maintain all assessment records, and report information to the department under s. PI 13.09 (4). The assessment procedures used under this section may include supplemental indicators or data that include any of the following:

PI 13.07(1) (1) Prior academic records from within or outside the United States.

PI 13.07(2) (2) Course grades which, in relation to the pupil’s grade level, indicate that lack of progress is due to limited English language skills.

PI 13.07(3) (3) Information on everyday classroom performance.

PI 13.07 History History: CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

PI 13.08 PI 13.08 Classification of LEP pupils. The school board shall classify each pupil assessed under s. PI 13.07 and a charter school shall classify each pupil tested under s. PI 13.09 as one of the following:

PI 13.08(1) (1) Level 1 – beginning preproduction. A pupil shall be classified level 1 if the pupil does not understand or speak English with the exception of a few isolated words or expressions.

PI 13.08(2) (2) Level 2 - beginning production. A pupil shall be classified level 2 if all of the following criteria are met:

PI 13.08(2)(a) (a) The pupil understands and speaks conversational and academic English with hesitancy and difficulty.

PI 13.08(2)(b) (b) The pupil understands parts of lessons and simple directions.

PI 13.08(2)(c) (c) The pupil is at a pre-emergent or emergent level of reading and writing in English, significantly below grade level.

PI 13.08(3) (3) Level 3 - intermediate. A pupil shall be classified level 3 if all of the following criteria are met:

PI 13.08(3)(a) (a) The pupil understands and speaks conversational and academic English with decreasing hesitancy and difficulty.

PI 13.08(3)(b) (b) The pupil is post-emergent, developing reading comprehension and writing skills in English.

PI 13.08(3)(c) (c) The pupil’s English literacy skills allow the pupil to demonstrate academic knowledge in content areas with assistance.

PI 13.08(4) (4) Level 4 - advanced intermediate. A pupil shall be classified level 4 if all of the following criteria are met: