California Education Code § 52163

Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this article. (a) “Basic bilingual education” is a system of instruction that builds upon the language skills of the pupil and that consists of, but is not limited to, all of the following: (1) A structured English language development component with daily instruction leading to the acquisition of English language proficiency, including English reading and writing skills. (2) A structured primary language component with daily basic skills instruction in the primary language for the purpose of sustaining achievement in basic subject areas until the transfer to English is made. As the pupil develops English language skills, the amount of instruction offered through English shall increase. (b) “Bilingual-bicultural education” is a system of instruction that uses two languages, one of which is English, as a means of instruction. It is a means of instruction that builds upon and expands the existing language skills of each participating pupil, that will enable the pupil to achieve competency in both languages. This instruction shall include all of the following: (1) Daily instruction in English language development that shall include: (A) Listening and speaking skills. (B) Reading and writing skills; formal instruction in reading and writing of English shall be introduced when appropriate criteria are met. (2) Language development in the pupil’s primary language, including oral and literacy skills. (3) Reading in the pupil’s primary language. (4) Selected subjects taught in the pupil’s primary language. (5) Development of an understanding of the history and culture of California and the United States, as well as an understanding of customs and values of the cultures associated with the languages being taught. (c) (1) “Experimental bilingual programs” are: (A) Innovative programs that are consistent with the provisions of this article, the requirements for bilingual teaching personnel pursuant to Section 52165, and the requirements for English language and primary language development pursuant to this section. Innovative programs may include new management approaches, greater emphasis on team teaching, or other appropriate improvements that expand the learning opportunities of pupils of limited English proficiency. Unless waivers of code sections are required, project approval of the state board is not required. A description of each innovative program shall be included with the consolidated application for program funding and an annual evaluation of the programs shall be included in the multiple-funded program evaluation required pursuant to Section 33403. (B) Planned variation programs for the purpose of comparing and improving language development programs for pupils of limited English proficiency. A primary focus shall be on appropriate instruction for pupils of limited English proficiency whose English skills are superior to their skills in their primary language. A focus may also be placed upon situations in which the number of pupils who, in accordance with Section 52165, would be required to receive instruction pursuant to subdivision (a) or (b) of Section 52163, is substantially smaller than the census indicated for the previous year, in which case all pupils of limited English proficiency shall receive instruction through individual learning programs during the preparation of the district’s proposal and the consideration of the proposal by the state board. The programs shall be authorized by the state board in up to 300 classrooms in 1982–83 and up to 700 classrooms in 1983–84 and each school year thereafter in districts that are representative of the state both geographically and by size. Not more than 30 classrooms in 1982–83 and 50 classrooms in 1983–84, that may or may not be in another school, shall be approved in any one district. The programs shall not result in segregation. F

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