2006 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. (a) "Pupil of limited English proficiency"
means a pupil in kindergarten through grade 12 who meets the following requirements:
(1) the pupil, 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) 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.
(b) Notwithstanding paragraph (a), a pupil in grades 4 through 12 who was enrolled in a
Minnesota public school on the dates during the previous school year when a commissioner
provided assessment that measures the pupil's emerging academic English was administered,
shall not be counted as a pupil of limited English proficiency in calculating limited English
proficiency pupil units under section 126C.05, subdivision 17, and shall not generate state limited
English proficiency aid under section 124D.65, subdivision 5, unless the pupil scored below
the state cutoff score on an assessment measuring emerging academic English provided by the
commissioner during the previous school year.
(c) Notwithstanding paragraphs (a) and (b), a pupil in kindergarten through grade 12 shall
not be counted as a pupil of limited English proficiency in calculating limited English proficiency
pupil units under section 126C.05, subdivision 17, and shall not generate state limited English
proficiency aid under section 124D.65, subdivision 5, if:
(1) the pupil is not enrolled during the current fiscal year in an educational program for
pupils of limited English proficiency in accordance with sections 124D.58 to 124D.64; or
(2) the pupil has generated five or more years of average daily membership in Minnesota
public schools since July 1, 1996.
    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.
History: 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; 1Sp2003 c 9 art 1 s 13