NJ DEPARTMENT OF EDUCATION MUST IMPROVE PROTECTIONS FOR MULTILINGUAL STUDENTS AND FAMILIES

ELC AND PARTNERS URGE STAKEHOLDERS TO SUBMIT TESTIMONY ON BILINGUAL EDUCATION CODE READOPTION

December 5, 2022

Read this story in Spanish here. Lea esta noticia en Español aquí.

The New Jersey Department of Education (NJDOE) is in the process of readopting state regulations governing the education of Multilingual Learner (ML) students, marking a crucial opportunity for much-needed improvements. Although the NJDOE has already proposed several positive revisions to the existing regulations, further changes are needed to guarantee MLs and their families essential rights, services, and supports.

The Bilingual Education Administrative Code, N.J.A.C. 6A:15, is being readopted by the State Board of Education prior to the code’s 2023 sunset date. As part of the process, the NJDOE has proposed amendments, including a shift to asset-focused language, such as the use of “Multilingual Learners” in place of “English Language Learners,” and increasing language and training requirements for staff who provide supportive services such as counseling for MLs.

These improvements were recommended by Education Law Center and partner organizations earlier this year. But other significant changes that have been urged by ML students, families, educators, and advocates are still missing from the NJDOE proposal.

State regulations should clearly require the NJDOE and school districts to provide all essential information and communications in parents’ and caregivers’ primary languages. Current state rules explicitly require written translation of only a handful of documents and do not require oral interpreters outside the special education context. Comprehensive translation and interpretation mandates would bring state rules into alignment with federal law and guidance on meaningful communication with families who speak languages other than English.

“In our experience, parents and families too rarely receive the translation and interpretation services required by law without intervention by an attorney,” said Jessica Levin, ELC Deputy Litigation Director. “Particularly in a state as diverse as New Jersey, much more needs to be done to ensure families are included in their children’s education and in the school community.”

The NJDOE should also establish a “complaint investigation” system for violation of laws protecting MLs, comparable to what exists for students receiving special education. This would allow parents and other stakeholders to bring Bilingual Education Code violations to NJDOE’s attention and require the NJDOE to investigate complaints and issue corrective action plans if violations are found.

ELC is partnering with the New Jersey Teachers of English to Speakers of Other Languages/New Jersey Bilingual Educators (NJTESOL/NJBE) and the New Jersey Consortium for Immigrant Children (NJCIC) to submit joint testimony reiterating these and other key recommendations, which the three organizations have previously urged the NJDOE to implement.

NJTESOL/NJBE has made available this template to assist stakeholders in submitting testimony to the NJ State Board of Education, which is responsible for adopting the revised code proposed by the NJDOE. Testimony may be submitted using the template or through the NJDOE website or by e-mailing chapter15@doe.nj.gov. A 60-day comment period will be provided in early 2023, but ELC urges stakeholders to submit comments before the December 7 or January 11 State Board meetings, since comments submitted earlier in the process may have greater impact.

“It’s important for the NJDOE to hear from as many individuals and organizations as possible,” said Elizabeth Athos, ELC Senior Attorney, Educational Equity. “The new version of the code will be on the books for up to seven years, and this is a not to be missed opportunity to ensure the new version supports, protects and serves well Multilingual Learners and their families.”

ELC, NJTESOL/NJBE, and NJCIC jointly authored a 2021 report, English Learners in New Jersey: Exposing Inequities and Expanding Opportunities in the Wake of the Pandemic. The report, which relied on an in-depth survey; interviews; and listening sessions with educators, youth, and families, found that many school districts are failing to comply with the Bilingual Education Code and federal law and urged the NJDOE and other state officials to take immediate action.

Related Story:

ENGLISH LEARNERS FACE SEVERE INEQUITIES AND SUBSTANDARD CONDITIONS IN NJ SCHOOLS

Education Law Center, founded in 1973, pursues education justice and equity to ensure that all students receive a high quality public education effectively preparing them to participate as citizens in a democratic society and as valued contributors to a robust economy. If this e-blast was forwarded to you, please sign up to receive regular ELC updates here.

Press Contact:

Sharon Krengel
Director of Policy, Strategic Partnerships and Communications
skrengel@edlawcenter.org
973-624-1815, x 240

Press Contact:
Sharon Krengel
Director of Policy, Strategic Partnerships and Communications
skrengel@edlawcenter.org
973-624-1815, x240