Official Site of The State of New Jersey

In New Jersey, a student with interrupted formal education, or SIFE, is a multilingual learner in grades 4 to 12 who has experienced disruptions in their formal education that took place outside of the United States.  This term is not synonymous with “newcomers”, which is an umbrella term for any student who has recently arrived in the United States (U.S.).

High school-age students who arrive new to the U.S. should be placed in the grade that is age-appropriate (DOJ, 2015, p.50). Students who are under the age of 21 must be enrolled into a NJ school. Students who have completed a high school diploma in another country may still enroll in a school in NJ if they meet the age and residency requirements and have not met the local and state graduation requirements.

Newcomer Program N.J.A.C. 6A:15-1.4(g)

A newcomer program may serve any student who has recently arrived. Some programs may:

• Focus on orienting and accommodating new students from other countries with the norms of Schools in the U.S.
• Direct resources toward SIFEs who need foundational academic skills before transitioning to general education classes.
• Integrate both strategies to welcome new students and accelerate growth toward grade-level standards (e.g., Learning Acceleration).

Regardless of the focus of the newcomer program, all program designs must be:

• Limited in duration (e.g., less than one year).
• Age appropriate (e.g., a high school student cannot be placed in elementary or middle school due to their reading level).
• Include content connected to the NJSLS (e.g., credit bearing).
• Include social-emotional learning practices (e.g., positive reinforcement, reflection on experiences).
• Include credit-bearing courses that count toward promotion and/or graduation.

Most important for newcomer students is to document their prior academic experience, cultural and linguistic assets, goals, and strengths.  This is best done in the student’s primary language. In this manner, intake and formative assessments can help identify what knowledge and skills the student already possesses. This is a critical step in the registration process as credits may count toward graduation requirements. A thorough review of transcripts ensures a student does not repeat coursework unnecessarily, which can preclude graduation in a timely manner.

A resource that is useful toward considering the needs of all multilingual learners, including SIFEs is FABRIC, A Learning Paradigm for ELLs. Specifically, Enrollment for Newcomers: Aligning Academic Credits Across Borders is a resource which  offers information on appropriate grade-level placement, credit transfers, and translating foreign transcripts.

A multilingual learner who also has a disability must receive services for both English language development and special education. It is not legal to deny a student any services which have been identified as needed. There must not be a delay in providing both services simultaneously. The identification as a multilingual learner and a student with disabilities must follow the timing required under the legal obligations set forth in Title III and the IDEA.

Multilingual learners who have an identified and documented disability cannot be exited from multilingual learner status (e.g., an LIEP placement) without meeting the state criteria for exit, a 4.5 composite score and English language observation form. Ensure the student’s IEP and/or 504 Plan clearly states the disability and any accommodations or modifications that are necessary because of the disability. See Exiting a Student from Multilingual Learner Status to learn how to obtain an alternate composite score for dually identified students.

Resources:

• English Learners with Disabilities (MA).
• Supporting Learning Acceleration for Multilingual Learners
• USDE English Learner Toolkit, Chapter 6.

Under The Parental Consent Law in Bilingual Education, a parent may refuse to have their child, who is identified as a multilingual learner, placed in a language instruction educational program (N.J.S.A. 18A:35-22.1).

An LEA shall ensure that the student is provided with the appropriate instructional adaptations and accommodations for classroom instruction and all statewide assessments (N.J.A.C. 6A:8 and N.J.A.C. 6A:15-1.6).

An LEA must send a parent notification letter to the parent/guardian of the student who has been identified as a multilingual learner (see LIEP Types). A parent can:

• Refuse some or all the services indicated in the letter.
• Request different services, if available at the LEA.
• Refuse in writing or verbally.

For students, whose parents have refused LIEP services, the LEA must annually send a letter of continuation as a multilingual learner, informing the parent the student’s continued status as a multilingual learner and the parent’s option to accept the placement of their child in an LIEP.

A parent may also refuse to have their child tested annually; the LEA shall follow their policy for state assessment refusal. The designation of a multilingual learner will remain with the student until the student meets a proficiency of 4.5 higher and is exited with the English language observation form.

Parent Refusal Frequently Asked Questions

Q. Can an LEA recommend that a parent refuse English language services for a student identified as a multilingual learner?
A. No. An LEA must offer a parent all the information about the programs and services the student requires and needs. A parent has the right to decide about the placement of their child based on receiving complete information.

Q. Is parental consent only for bilingual education programs or does it also include ESL-only programs and English language services (ELS)?
A. A parent may decline any and all services.

Q. Can a parent accept bilingual part-time program for their child, but refuse daily ESL?
A. No.

Q. A parent does not want full-time bilingual education but is open to sheltered instruction classes. Can I provide a different type of language instructional education program?
A. Yes.

Q. How can I exit a student whose parent refused services and who does not want their child tested with an ELP assessment?
A. The U.S. Department of Education is clear on this matter (Exit Procedures, p.8). The LEA is unable to exit that student from multilingual learner status unless the student has demonstrated proficiency on a valid and reliable ELP assessment that includes the four domains.

Q. May a parent remove a multilingual learner from a language instructional education program (LIEP) before the end of the school year?
A. During the first three years of a student’s participation in an LIEP, a parent or guardian may only remove a student at the end of the school year. If a parent or guardian wishes to remove the student prior to the end of the school year, they must have the approval of the county superintendent of schools.

Q. When is the county superintendent informed about the parents' request to remove their child from an LIEP?
A. The county superintendent of schools should be informed about a parent's intent to remove their child from an LIEP only if the parent wishes to remove a student from a program before the end of a school year. In such cases, the county superintendent will review the case and may determine to maintain the student in the LIEP, if it is in the best interest of the student.

Q. Does the student stay in the LIEP until the end of the appeal to the county office of education and Commissioner of Education?
A. Yes, the student will remain enrolled in the LIEP until the appeal process is completed.

Q. If a parent does not want their child in a program, regardless of the student's English language proficiency level, is there an appeal process for an LEA?
A. No. If a parent refuses enrollment of their child into an LIEP, then the child cannot be enrolled in the program. The law and administrative code do not allow for an appeal process for LEAs.

Q. How does the Parent Consent Law apply to a special education student whose Individualized Education Plan (IEP) requires placement in an LIEP?
A. If a parent of a special education student disagrees with the IEP, the parent or the LEA may request for mediationor due process to protect the rights of the child.

Q. Will an LEA that currently implement a full-time bilingual education program be required to maintain the LIEP type if the enrollment falls below 20 students of the same language group?
A. No. If, due to parents' declining services, the number of students falls below the requirement for a full-time program, the LEA has the option of continuing to provide a full-time bilingual education program for any language classification with fewer than 20 students or adjust the LIEP type based on the requirements in N.J.A.C. 6A:15.

Q. If a parent declines LIEP services, can an LEA continue to count the student as a multilingual learner for funding purposes?
A. It depends.

• The answer is No on the Application for School State Aid (ASSA) and the multilingual learner Enrollment Tracking System because LEAs are not eligible to receive bilingual categorical aid for multilingual learners not being served in an LIEP.
• The answer is Yes for Title III federal funding because Title III funding is based on identification of multilingual learner status and not placement in an LIEP.

Students who are exited must be monitored for the next two years to determine their academic progress in classes where English is used for instruction.

A sample monitoring form can be found at USED English Learner Toolkit, Chapter 8.

Considerations for Supporting Former Multilingual Learners

Former multilingual learners are still developing English language proficiency even after they transition into classrooms where English is used for instruction.  Some strategies for teachers to consider supporting the continued progress former multilingual learners include (Adapted from Colorín Colorado, Supporting ELLs in the Mainstream Classroom):

• Get to know the students and their learning preferences and style.
• Place students in classrooms with teachers who have training in Sheltered English instruction.
• Continue to focus on what the student can do; get to know their strengths and interests.
• Be mindful of language use.
  • Use positive body language, speak clearly, and naturally.
  • Avoid use of idioms, slang, and “dumbing down” language.
• Create a language rich environment. Continue to support use of a student’s entire linguistic repertoire.