(a) There is established in the Department of Education the Division of Bilingual and English Language Development for Children whose primary language is not English. The Division shall be headed by a director who is qualified by education, training, and experience to take responsibility for, and give direction and guidance to the Bilingual and English Language Development Program and the Department of Education relating to children whose primary language is not English.
(b) The Department of Education shall establish and maintain the Bilingual and English Language Development Program in the Virgin Islands public schools for students once 10 or more students are identified as English Learners to assist these students in attaining English language proficiency and meeting academic standards. The Bilingual and English Language Development Program may consist of implementing a Bilingual Education or an English as a Second Language Support Program. If fewer than 10 students are identified as English Learners at a school, then the Department of Education shall enroll the student at the nearest school where the Bilingual and English Language Development Program has been established. For purposes of this subsection:(1) English Learners are students enrolled in grades Pre-Kindergarten through twelfth and in educational courses, who cannot speak, understand, read, or write the English language well enough to carry out class activities in the same manner as their peers in the grades in which they are enrolled.(2) Bilingual Education consists of classroom instruction in English and the students’ native language taught by qualified bilingual education teachers which allows English learners to acquire grade-level academic skills in their native language while learning the English Language.(3) English as a Second Language (ESL) is an instructional approach in which English is the primary language of instruction. Qualified ESL teachers provide instructional support to assist English learners learn the English language.
(1) English Learners are students enrolled in grades Pre-Kindergarten through twelfth and in educational courses, who cannot speak, understand, read, or write the English language well enough to carry out class activities in the same manner as their peers in the grades in which they are enrolled.
(2) Bilingual Education consists of classroom instruction in English and the students’ native language taught by qualified bilingual education teachers which allows English learners to acquire grade-level academic skills in their native language while learning the English Language.
(3) English as a Second Language (ESL) is an instructional approach in which English is the primary language of instruction. Qualified ESL teachers provide instructional support to assist English learners learn the English language.
(c) The Government of the United States Virgin Islands accepts all the provisions of the Act of Congress, approved January 2, 1968, cited as the “Bilingual Education Act” and any act or acts amendatory thereof or supplementary thereto. The Virgin Islands Department of Education shall be the sole agency of the administration of Bilingual and English Language Development Program under this section and the Act of Congress referred to herein, and shall—(1) Create a plan and take the necessary steps leading to developing, implementing, and evaluating programs designed to meet the language instructional needs of students with limited English-speaking and comprehension abilities in the Virgin Islands public schools;(2) Recruit qualified ESL teachers and provide workshops and training to staff, paraprofessionals, teachers, school administrators, counselors, and other ancillary education personnel in the implementation and execution of the Bilingual and English Language Development Program;(3) Provide the necessary instructional materials and equipment for the Bilingual and English Language Development Program;(4) Establish through the Department of Education procedures to communicate meaningfully with parents who have limited English proficiency and effectively keep them informed about their legal rights, programs, services, and activities available to all parents;(5) Seek through the Department of Education federal funds for the purpose of initiating and maintaining the provisions of this section;(6) Establish through the Board of Education minimum training requirements of basic knowledge in the instruction of English learners for the general certification of teachers and school administrators, which training must be included within the established professional development requirement;(7) Implement policies to avoid the retention in a grade of an English Learner based solely on English Learner’s lack of English Proficiency. Evidence must be shown that all appropriate modifications, support and assessment to allow adequate instruction were implemented over time prior to considering grade retention; and(8) Provide access to adequate instruction to students identified as English Learners with Disabilities.
(1) Create a plan and take the necessary steps leading to developing, implementing, and evaluating programs designed to meet the language instructional needs of students with limited English-speaking and comprehension abilities in the Virgin Islands public schools;
(2) Recruit qualified ESL teachers and provide workshops and training to staff, paraprofessionals, teachers, school administrators, counselors, and other ancillary education personnel in the implementation and execution of the Bilingual and English Language Development Program;
(3) Provide the necessary instructional materials and equipment for the Bilingual and English Language Development Program;
(4) Establish through the Department of Education procedures to communicate meaningfully with parents who have limited English proficiency and effectively keep them informed about their legal rights, programs, services, and activities available to all parents;
(5) Seek through the Department of Education federal funds for the purpose of initiating and maintaining the provisions of this section;
(6) Establish through the Board of Education minimum training requirements of basic knowledge in the instruction of English learners for the general certification of teachers and school administrators, which training must be included within the established professional development requirement;
(7) Implement policies to avoid the retention in a grade of an English Learner based solely on English Learner’s lack of English Proficiency. Evidence must be shown that all appropriate modifications, support and assessment to allow adequate instruction were implemented over time prior to considering grade retention; and
(8) Provide access to adequate instruction to students identified as English Learners with Disabilities.