Chapter PI 13

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:

PI 13.08(4)(a) (a) The pupil understands and speaks conversational English without apparent difficulty, but understands and speaks academic English with some hesitancy.

PI 13.08(4)(b) (b) The pupil continues to acquire reading and writing skills in content areas needed to achieve grade level expectations with assistance.

PI 13.08(5) (5) Level 5 - advanced. A pupil shall be classified level 5 if all of the following criteria are met:

PI 13.08(5)(a) (a) The pupil understands and speaks conversational and academic English well.

PI 13.08(5)(b) (b) The pupil is near proficient in reading, writing, and content area skills needed to meet grade level expectations.

PI 13.08(5)(c) (c) The pupil requires occasional support.

PI 13.08(6) (6) Level 6 – formerly lep now fully english proficient. A pupil shall be classified level 6 if all of the following criteria are met:

PI 13.08(6)(a) (a) The pupil was formerly limited-English proficient and is now fully English proficient.

PI 13.08(6)(b) (b) The pupil reads, writes, speaks and comprehends English within the academic classroom setting.

PI 13.08 History History: CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

PI 13.09 PI 13.09 Testing of LEP pupils.

PI 13.09(1) (1) Policies. Each school board policy under s. PI 13.05 shall include procedures regarding the testing of LEP pupils. A charter school and a private choice school whose population includes one or more LEP pupils shall adopt a policy regarding the testing of LEP pupils. The policy under this subsection shall include all of the following assurances:

PI 13.09(1)(a) (a) Test administration to an LEP pupil shall be made on an individual basis and information on both academic and English proficiency data shall be documented.

PI 13.09(1)(b) (b) Test results may not be used as the sole criterion in re-classifying an LEP pupil from a bilingual-bicultural education program or in determining grade promotion, eligibility for courses or programs, eligibility for graduation or eligibility for participation in postsecondary education opportunities.

PI 13.09(1)(c) (c) Exemption of an LEP pupil from taking a test may not be used as the sole criterion in determining grade promotion, eligibility for courses or programs, eligibility for graduation or eligibility for participation in postsecondary education opportunities.

PI 13.09(2) (2) Test administration.

PI 13.09(2)(a) (a) A school board, charter school, and private choice school may not exempt LEP pupils from tests based solely on their LEP status.

PI 13.09(2)(b) (b) A school board, charter school, and private choice school shall administer a test to an LEP pupil unless a determination has been made that the results of the test, with allowable accommodations made for the pupil as needed, or as otherwise provided in statute, will not be a valid and reliable indicator of the pupil’s academic knowledge and skills.

PI 13.09(3) (3) Test accommodations. A school board, charter school, and private choice school that includes an LEP pupil in a test shall provide testing accommodations, if the pupil needs such accommodations. Any accommodations made shall maintain the validity of the test as determined by the department and may include, but are not limited to, one or more of the following:

PI 13.09(3)(a) (a) For tests that do not assess English language competency, provide translations in a student’s native language or the assistance of a qualified translator to translate instructions or read test items.

PI 13.09(3)(b) (b) Provide small group or individual testing opportunities.

PI 13.09(3)(c) (c) Provide more practice tests or examples before the actual test is administered.

PI 13.09(3)(d) (d) Allow LEP pupils to use dictionaries and other educational aids while taking the test unless this use would invalidate the test.

PI 13.09(3)(e) (e) Allow pupils as much time as necessary to complete the test.

PI 13.09(3)(f) (f) Allow any other method approved by the department.

PI 13.09(4) (4) Test results. A school, charter school, and private choice school that administers a test to an LEP pupil shall use or report the results as follows:

PI 13.09(4)(a) (a) The results of the test shall be used consistent with the policies adopted by school boards, operators of charter schools, and governing bodies of private choice schools under s. 118.33 (1) (f) and (6), Stats., in making instructional, promotion, and graduation decisions.

PI 13.09(4)(b) (b) The results of the test shall be reported to the department.

PI 13.09 History History: CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02; CR 19-069: am. (1) (intro.), (2) (title), (a), (b), r. (2) (c) to (e), am. (3) (intro.), (a), (4) (intro.), (a), (b), r. (4) (c) Register February 2020 No. 770, eff. 3-1-20.

subch. III of ch. PI 13 Subchapter III — Bilingual-Bicultural Education Programs

PI 13.10 PI 13.10 Applicability and purpose. This subchapter establishes specific requirements for school districts required to offer bilingual-bicultural education programs under s. 115.97 (2), (3), or (4), Stats. School districts that establish bilingual-bicultural education programs under s. 115.97 (2), (3), or (4), Stats., are eligible for reimbursement under ss. 115.97 (1) and 115.995, Stats.

PI 13.10 History History: CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

PI 13.11 PI 13.11 General requirements. A school board that offers a bilingual-bicultural education program under this subchapter shall meet the requirements under this subchapter and subchapter II.

PI 13.11 History History: CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

PI 13.12 PI 13.12 School board policy. The policy under s. PI 13.05 shall include all of the following assurances:

PI 13.12(1) (1) The school board shall provide each LEP pupil with an effective instructional program and supportive services appropriate to meet the needs of the pupil.

PI 13.12(2) (2) The school board shall provide each LEP pupil with full access to supportive services, such as language development and speech therapy available to other pupils in the school district as such services are appropriate to the individual needs of the pupil.

PI 13.12(3) (3) The district shall provide programs and services that reflect the cultural background of the LEP pupils and may include instruction intended to improve the skills of such pupils in the use of their native language for the purpose of enabling them to become proficient or advanced in all subject areas.

PI 13.12 History History: CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.

PI 13.13 PI 13.13 Program approved by department.

PI 13.13(1) (1) Each school district establishing a bilingual-bicultural education program shall provide to the department a written description of the program that addresses the requirements under this subchapter. The description shall include information on all of the following:

PI 13.13(1)(a) (a) The program design, objectives, staffing, and evaluation procedures.

PI 13.13(1)(b) (b) Staff certification, professional development activities, parent involvement activities and instructional materials to be used in the program.