2002 Minnesota Statutes

     124D.59 Definitions. 

    Subdivision 1.    Generally.  For purposes of sections 
 124D.58 to 124D.65, the terms defined in this section shall have 
 the meanings given them. 

    Subd. 2.    Pupil of limited English proficiency.  
 "Pupil of limited English proficiency" means a pupil who meets 
 the following requirements: 

    (1) the pupil in kindergarten through grade 12, as declared 
 by a parent or guardian first learned a language other than 
 English, comes from a home where the language usually spoken is 
 other than English, or usually speaks a language other than 
 English; and 

    (2) for a pupil in kindergarten through grade 2, the pupil 
 is determined by developmentally appropriate measures, which 
 might include observations, teacher judgment, parent 
 recommendations, or developmentally appropriate assessment 
 instruments, to lack the necessary English skills to participate 
 fully in classes taught in English; or 

    (3) the pupil in grades 3 through 12 scores below the state 
 cutoff score on an assessment measuring emerging academic 
 English provided by the commissioner. 

    Subd. 3.    Essential instructional personnel.  
 "Essential instructional personnel" means the following:  

    (1) a teacher licensed by the state board of teaching to 
 teach bilingual education or English as a second language; 

    (2) a teacher with an exemption from a teaching license 
 requirement pursuant to section 124D.62 who is employed in a 
 school district's English as a second language or bilingual 
 education program; 

    (3) any teacher as defined in section 122A.15 who holds a 
 valid license from the state board of teaching, if the district 
 assures the department that the teacher will obtain the 
 preservice and in-service training the department considers 
 necessary to enable the teacher to provide appropriate service 
 to pupils of limited English proficiency.  

    Subd. 4.    English as a second language program.  
 "English as a second language program" means a program for the 
 instruction of pupils of limited English proficiency in the 
 following English language skills:  reading, writing, listening 
 and speaking.  

    Subd. 5.    Bilingual education program.  "Bilingual 
 education program" means an educational program in which 
 instruction is given in both English and the primary language of 
 the pupil of limited English proficiency to the extent necessary 
 to allow the pupil to progress effectively through the 
 educational system and to attain the basic skills of reading, 
 writing, listening, and speaking in the English language so that 
 the pupil will be able to perform ordinary classwork 
 successfully in English.  

    Subd. 6.    Primary language.  "Primary language" means 
 a language other than English which is the language normally 
 used by the child or the language which is spoken in the child's 
 home environment.  

    Subd. 7.    Parent.  "Parent" includes a child's legal 
 guardian.  

    Subd. 8.    Educational program for pupils of limited 
 English proficiency.  "Educational program for pupils of 
 limited English proficiency" means an English as a second 
 language program, bilingual education program, or both an 
 English as a second language and a bilingual education program. 

    HIST: 1980 c 609 art 3 s 15; 1981 c 358 art 3 s 18; 1982 c 548 
 art 3 s 22; 1986 c 444; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 
 2 s 130,131,164; art 11 s 3; 1Sp2001 c 6 art 2 s 48