105 ILCS 5/14C-3
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 14C - Transitional Bilingual Education

 (from Ch. 122, par. 14C-3)Sec. 14C-3. Language classification of children; establishment of  program; period of participation; examination.  Each school district shall ascertain, not later than the first day of  March, under regulations prescribed by the State Board, the  number of English learners within the school  district, and shall classify them according to the language of which  they possess a primary speaking ability, and their grade level, age or  achievement level.When, at the beginning of any school year, there is within an  attendance center of a school district, not including children who are  enrolled in existing private school systems, 20 or more English learners in any such language classification,  the school district shall establish, for each classification, a program  in transitional bilingual education for the children therein. A school  district may establish a program in transitional  bilingual education with respect to any classification with less than 20  children therein, but should a school district decide not to establish  such a program, the school district shall provide a locally determined  transitional program of instruction which, based upon an  individual student language assessment, provides content area instruction  in a language other than English to the extent  necessary to ensure that each student can benefit from educational  instruction and achieve an early and effective transition into the regular  school curriculum.Every school-age English learner not  enrolled in existing private school systems shall be enrolled and  participate in the program in transitional bilingual education  established for the classification to which he belongs by the school  district in which he resides for a period of 3 years or until such time  as he achieves a level of English language skills which will enable him  to perform successfully in classes in which instruction is given only in  English, whichever shall first occur.An English learner enrolled in a program in  transitional bilingual education may, in the discretion of the school  district and subject to the approval of the child's parent or legal  guardian, continue in that program for a period longer than 3 years.An examination in the oral language (listening and speaking), reading, and  writing of English, as prescribed by the State Board, shall  be administered annually to all English learners enrolled and participating in a program in transitional  bilingual education. No school district shall transfer an English learner out of a program in transitional  bilingual education prior to his third year of enrollment therein unless  the parents of the child approve the transfer in writing, and unless the  child has received a score on said examination which, in the  determination of the State Board, reflects a level of  English language skills appropriate to his or her grade level.If later evidence suggests that a child so transferred is still  disabled by an inadequate command of English, he may be  re-enrolled  in the program for a length of time equal to that which remained at the  time he was transferred.  (Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15.)