172 10 3494 https://omeka.ibu.edu.ba/files/original/4884b2e1b1f5368ca1a71234c7054e0b.pdf 4b5d2e4ea1fe80a781706789a4ca7083 PDF Text Text Journal of Foreign Language Teaching and Applied Linguistics Learning foreign and indigenous languages: The case of South African universities Paul Nkuna University of South Africa, South Africa Submitted: 16.04.2014. Accepted: 11.11.2014. Abstract Learning a language through another language is trivialto any type of language learning, whether it is the learning of a local or a foreign language. South Africa’s language policy for higher education recommends the study of foreign languages (FLs) and indigenous languages.A decade after its adoption, the learning of a foreign or indigenous language in that foreign or that indigenous language, respectively, at universities has been overlooked. In essence, the learning of foreign languages at the country’s universities dates back to the 19th century, when the first higher education institution,the South African College was established. At that College a Department of General Literature that offered Dutch, English, Latin and Ancient languages was established. English and Dutch teachers provided instruction in the English and Dutch language, respectively. The instructions involved theory, history and practice of English grammar and literature or Dutch grammar and literature. The learning of indigenous languages at the country’s universities began in the 20th century under the departments of Bantu Studies. They were learnt through English, and then later through English andAfrikaans. The instructions involved theory, history and practice of English grammar and literature. The aim of this study is to gain knowledge on the different approaches that may be used to learn a foreign language and an indigenous language. The study focuses on the complex challenges facing the country’s universities to adopt new, different and best models for the teaching of foreign and indigenous languages after many decades of using English and Afrikaans mediums. A case study method is used for this study. The emphasis is on the learning of foreign versus indigenous languages in South African universities (SAUs). The paper consists of an introduction, the theory of Grammar Translation Method (GTM), a case study on the learning of foreign versus South African indigenous languages (SAILs) at the SAUs, and a conclusion. Keywords: foreign language, indigenous language, learning, English, Afrikaans 223 �Learning foreign and indigenous languages: The case of South African universities Introduction The Ministry of Education (2002) recommends “the development, in the medium to long-term, of South African languages as mediums of instruction in higher education, alongside English and Afrikaans”(p.15). Section 6(1) of the Constitution of South Africa, 1996 (Act 108 of 1996) confirms that “the official languages of the Republic are Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa and isiZulu”(South Africa, 1996, p.14). The Ministry of Education (2002) also recommends “the study of foreign languages” (p.15).Section 6(2) of the Constitution of South Africa, 1996 (Act 108 of 1996) states, “recognising the historically diminished use and status of the indigenous languages of our people, the state must take practical and positive measures to elevate the status and advance the use of these languages”( South Africa, 1996, p. 14). By our indigenous languages, section 6(2) refers to nine of the 11 officialSouth African languages - isiNdebele, isiXhosa, isiZulu, Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga; including the Khoi, Nama and San languages; and South African sign language. Therefore, in this study I examined whether the learning of indigenous languages is different from the learning of foreign languages in the SAUs. TheGrammarTranslation Method (GTM) emerged as one of the tools used by SAU senates to relegate the learning of South African indigenous languages (SAILs) to the level of foreign language (FL) learning. The next section is the theory of GTM. This will be followed by the Case study and the conclusion. The theory of the Grammar Translation method Abdullah (2013) says the GTM is “one of the key methods applied for the teaching of foreign languages. It is a derivation of the classical (sometimes called traditional) method of teaching Greek and Latin” (p.124). Therefore, GTM was “based on the belief that different kinds of knowledge were located in separate sections of the brain” (Morales-Jones, 2011, p.64). Ducháčková (2006) says it is “considered to be one of the oldest methods and approaches in foreign language teaching” (p. 8). “Students learn grammatical rules and then apply those rules fortranslating sentences between the target language and their native language. Advanced students may be required totranslate whole texts word-for-word” (Abdullah, 2013, p.124). Therefore, Brown concludes that the focus on GTM is “on grammatical rules, memorisation of vocabulary and of various declensions and conjugations, translation of texts, doing written exercises” (Chang, 2011, p.15).Morales-Jones (2011) says “the main goal for learning was notfor speaking and/or communication. The driving force was to exercise the mind and at the same time to be able to read in that language” (p.64). Therefore, GTM was mainly designed to teach Latin and Ancient Greek, also known as ‘dead’ languages, “based on the fact that people no longer speak Latin and Ancient Greek for the purpose of interactive communication”(The Grammar Translation Method, 2010, p. 1). In addition, Morales-Jones (2011) says another reason for studying those foreign languages, such as Latin or Greek was to appreciate the classics in their original language, and education was the privilege of an elite class, thus it was amarkof an educated person to be able to read the classics. Abdullah (2013) confirms that GTM “by definition has a very limited scope. Because speaking or any kind of spontaneous creative output was missing from the curriculum, students would often fail at speaking or even letter writing in the target language”(p.125). It is surprising that GTMis “still used for the study of languages that are very much alive and require competence not only in terms of reading, writing and structure, but also speaking, listening and interactive communication” (The Grammar Translation Method, 2010, p.1). Therefore, sources such as Morales-Jones (2011) and The Grammar Translation Method (2010) provide important points to be noted about GTM, such as its emphasis on teaching grammar and 224 �Journal of Foreign Language Teaching and Applied Linguistics employing translation to ascertain comprehension; classes are taught in the mother tongue, with little active use of the target language; GTM does not produce speakers of the languages studied; much use of the native language is employed because the goal was not oral proficiency; teachers did not necessarily have to be fluent speakers of the target language because the focus was not on communication; it dominated public-school and university language teaching in the United States until World War II; much vocabulary is taught in the form of lists of isolated words; grammar provides the rules for putting words together, and instruction often focuses on the form and inflection of words; long elaborate explanations of the intricacies of grammar are given; often the only drills are exercises in translating disconnected sentences from the target language into the mother tongue; and little or no attention is given to pronunciation. 225 �Learning foreign and indigenous languages: The case of South African universities The Case study: learning of foreign versus indigenous languages in the SAUs This case study comprises of five subsections: the problem, steps taken to review the problem, results, challenges and lesson learned. The problem The SAUs are failing to distinguish between the learning of the country’s indigenous languages and the learning of foreign languages. There is less research on what are the elements or ‘factors’ of the failure, and how they relate to one another. Therefore, it is necessary to investigate the problem. I will attempt to do so in relation to language and race.Ashcroft (2001) says “to understand the link between language and race, we must go back long before the emergence of race as a category of physiological discrimination, to the uses of language in ‘othering’ the subjects of Europe’s colonial expansion” (p.311). Section 9(3) of the South African Constitution, 1996 (Act 108 of 1996)explains that the state may not unfairly discriminate directly or indirectly against anyone on race and language; and section 29(2) of this Constitution provides everyone the right to “receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable” (South Africa, 1996, p. 14).A year later, the White Paper 3 disclosed the existence in the country’s higher education of an inequitable distribution of access and opportunity for students and staff along lines of race, and proposed that all institutions of higher education develop mechanisms to create a secure and safe campus environment that discourages harassment or any other hostile behaviour directed towards persons or groups on any grounds whatsoever, but particularly on grounds that include race and language(Ministry of Education, 1997a). Section 27 (2) of the Higher Education Act 101 of 1997states that “the council, with the concurrence of the senate, must determine the language policy of a public higher education institution” (Ministry of Education, 1997b, p.24). The White Paper 3 also identifies a three-fold mandate of higher education: Human resource development; high-level skills training; and production, acquisition and application of new knowledge (Ministry of Education, 1997a). The Ministry of Education (2001) cites important fields of study that could play an important role in contributing to the development of the African Renaissance that continues to be marginalised in SAUs. In this case it identifies, in particular, fields of study such as African–South African indigenous–languages and culture and African literature (not only in its English form). There are also promises to encourage the development of programmes in marginalised fields of study such as African (South African indigenous) languages as well as the more general restructuring of their curriculums to reflect an orientation towards Africa, in particular, South Africa. In addition, the Ministry of Education reveals the extension of the problem by the historically white Afrikaans-medium institutions that “are gradually moving towards the adoption of a combination of dual and parallelmedium language strategies, language continues to act as a barrier to access at some of these institutions”(Ministry of Education, 2001, p.37). Therefore, the language policy for higher education was published in 2002 with its promising recommendations for indigenous languages and foreign languages. This was followed by the Ministerial Committee (2005) report that singlesout conditions significantly conducive to the successful use of South Africa’s neglected indigenous languages, not only as mediums of instruction but also for their more enhanced use in the public domain, including the extent of literacy in the South African indigenous languages, official recognition of South African languages and use of South African languages in education. Although the status of indigenous languages is raisedby the Constitution (supported by the Ministry of Education with White papers, National plans, Acts, policies and reports), fields of study such as South African indigenous languages are still marginalised in higher education. . Steps undertaken to review the problem 226 �Journal of Foreign Language Teaching and Applied Linguistics Providing comprehensive advice on the importance of SAUs rethinking new approaches to improve the teaching of South African indigenous languages is an important part of the promotion and development ofSouth African indigenous languages. Three steps are outlinedto help the SAUs raise the status of SAIL learning. Sensitising SAUs councils and their senates to the relationship of power and GTM This is the first step undertaken. Activities include a review of the use of power and GTM on SAIL learning in the history of South African higher education system. The emphasis is on supplying information on the impact of power and GTM on SAIL teaching to the SAU councilsand their senatesto build evidenced-based arguments that will convince them. Power plays a role on the relegation of SAIL learning to the level of FL learning in SAUs. Observation and analysis of the present state Thisis the second step undertaken. Activities involvetheobservation and analysis of the present state of the South African indigenous-language teaching at SAUs. The emphasis is on supplying data on the teaching of South African indigenous languages versus foreign languages to SAU councils and their senates to build evidence-based arguments that will convince them.Power is still controlling the SAUs on the teaching of South African indigenous languages as if the target language were a foreign language. Integration This is the last step undertaken. Activities involve the integrating of the results from the first three steps. It involves supplying information on the link of the colonial, apartheid and present teaching of South African indigenous languages versus foreign languages to SAUcouncils and their senates. Results Results on power Power relegates the teaching and learning of SAILs to the level of teaching FLs through GTM. Power is one of the more contestable concepts in political theory, but it is conventional and convenient.Nye defined it as “the ability to effect the outcomes you want and, if necessary, to change the behavior of others to make this happen” (Gray, 2011, p.v).In power relations, “man has, through the ages, come to recognize the importance of being able to coerce the weak into following the strong” (Meyer, 2007, p.8).Nye (2006) identifies three basic ways to accomplish this – you can coerce them with threats, induce them with payments or attract and co-opt them.There are two types of power: hard power and soft power.Hard power is defined by Nye as the power that uses military or economic coercion to get others to change their position; he definessoft power as the national resources that allow a country to affect others through the co-optive means of framing the agenda, persuading, and eliciting positive attraction in order to obtain preferred outcomes (Trunkos, 2013). Thus, Nye (1990) confirms thatAfrica experienced hard power because the nineteenth-century great powers in Africa “carved out and ruled colonial empires with a handful of troops” (p. 162). TheAfrican Union (2006, p.3) confirms that the nineteenth-century great powers “led to the depersonalisation of part of the African peoples, falsified their history, systematically disparaged and combated African values, and tried to replace progressively and officially, their languages by that of the colonisers”.The British were part of the nineteenth-century great powers. Nkuna (2010a) says the policy of the British colonies was “initially known as ‘guardianship’. It was renamed ‘partnership leading to independence within Commonwealth. It gave 227 �Learning foreign and indigenous languages: The case of South African universities power to the English educated African elites” (Nkuna, 2010a, p.49).Louw and Kendal (1986) confirm that the British colonised South Africa in 1806. They say, “in 1813, the Governor, Cradock, announced that all future appointments would depend on the knowledge of English. From 1814 onwards, and especially after the arrival of the English settlers in 1820, English-speaking officials were appointed in increasing numbers and favoured in many ways. In 1822, English became the sole official language of the Cape” (Louw and Kendal, 1986, p.23).In the context of this study, Christie (1991) discloses that British authorities used education as “a way of spreading their language and traditions in the colony – and also as a means of social control” (p.34). “English became the primary language or language of tuition for the South African College (the first higher education institution) which was opened in 1829. Colonisation influenced the choice of languages for the College programmes” (Nkuna, 2010b, p.30). McKerron (1934) says that the College had a Department of General Literature (DGL) in which Dutch literature andEnglish, Latin and Ancient languages were taught.The teaching of indigenous languages was excluded at the College. A classical method was used to teach Latin and Ancient languages at the DGL. Therefore, GTM was used to teach Latin and Ancient languages, and English and Dutch were the mediums of instruction in the Latin- and Ancient-language classes. It took about 92 years from 1829 to introduce the study of SAILs in SAUs. Maseko (2011) assumes that “teaching, learning and research in these languages started in the early 1900s” (p.9). For instance, according to Mandela (1994),Professor DDT Jabavu, the member of staff first appointed when Fort Hare University opened in 1916, “was awarded a degree in English from the University of London… taught Xhosa, as well as Latin, history and anthropology”(p.52). Therefore, Maseko (2011) also reveals that the teaching of SAILs have “been through other languages, even when taught to mother-tongue speakers” (p.9). Thus, GTM was used for teaching and learning SAILs. All these are rejuvenated by Lalu (2011),who observes that The Milner Commission of Inquiry (1903 to 1905) is the first to “call for scientific studies of natives of South Africa … The connection of knowledge with the exercise of power may be gleaned in the formation in 1921 of the school of African life and languages at the University of Cape Town” (p. 8). The languages referred to in the quotation were the SAILs. Results on observation and analysis of the present state There are 23 SAUs observed. Not all 23 SAUs have FL fields of study (seeFigure1). Figure 1. Percentage of SAUs with and without FL Fields of Study 57% 43% SAUs that have FLs SAUs that have no Fields of Study FLs Fields of Study From Figure 1, 13 (57%) of the 23 SAUs choose their offerings from languages representing hard power (Arabic, Dutch, French, Italian, Portuguese, German and Spanish); Latin and Ancient languages (Greek and Hebrew); and an emerging soft power in the global arena (Mandarin).The courses are taughtat the beginner levelusing English as themedium of instruction and GTM.SAUs that do not have FL Fields of Study are predominantly universities of technology (see Figure 2).“Universities of technology focus on skills and professions” (Nkuna, 2010b, p.159). It means the learning of FLs is not 228 �Journal of Foreign Language Teaching and Applied Linguistics necessary for skills and professions, but it is necessary for theory and scientific research. However, the GTM was adopted for teaching and learningSAILs in all three types of SAUs. Figure 2. Percentage ofSAUs that do not have FL Fields of Study 60% 20% Universities of technology Traditional universities 20% Comprehensive universities Figure 3. outlines the percentage of SAUs with and without SAIL fields of study. 229 �Learning foreign and indigenous languages: The case of South African universities Figure 3. Percentage of SAUs with and without SAIL Fields of Study 91% 9% SAUs that have SAILs’ Fields of Study SAUs that have no SAILs Fields of Study Only two (9%) of the SAUs do not offer SAILs. These are universities of technology that are expected to produce skills and professions. However, the 21 (91%) of the 23 SAUs that have SAIL Fields of Study include universities of technology, traditional universities and comprehensive universities. Figure 4 outlines the percentage of SAUswithSAILfields of study. 230 �Journal of Foreign Language Teaching and Applied Linguistics Figure 4. Percentage of SAUs that have SAIL Fields of Study 57% 24% 19% Universities of technology Traditional universities Comprehensive universities From Figure 4, only the four(19%) of the 21 SAUs provide learning to students with skills for professions. The remaining 17 (89%)provide theory and scientific research. The comprehensive SAUs are dominated by traditional ones, even in their own space, and focus on theory and scientific research. Most SAUs are now beginning to offer parallel courses for SAILs (see Figure 5). Figure 5. Percentage of SAUs with or without SAIL parallel courses and others 62% 24% 14% SAUs with parallel SAUs without courses parallel courses Others From Figure 5, 13 (65%) of the 21 SAUs provide SAIL learning as non-mother tongue and mothertongue courses.The non-mother tongue modules are mainly referred to as beginner’s courses. The medium of instruction remains English. Results on integration I assessed the results on 3.2.1 and 3.2.2 to help thecouncils and their senates from the 23 SAUs to understand the competition between FL learning and SAIL learning in the country’s universities. The assessment indicates that FL and SAIL learning have equal status at SAUs. They are all learned as L2 or below L2 status. The hegemony of English is increasing and the Mandarin language of China is already offered at three of the 23 SAUs.The Mandarin offerings arebacked by theChinese Confucius Institute for Language and Arts, already established at three SAUs. 231 �Learning foreign and indigenous languages: The case of South African universities Challenges Power is the major challenge facing the SAUs on SAIL teaching. The hard power of the colonial powers wassustained through English hegemony. The emergence of globalisation andthe information age add to the sustainability of colonial power and create soft power.SAILs continue to diminish to the level of Latin and the Ancient languages. In addition, there is no progress on the learning of SAILs and students from SAIL classes do not know how to communicate using SAILs. Furthermore, the SAUs prefer to offer an FL rather than offering SAILs.For instance, you may find an SAU offering all 12 FLs and only one SAIL. In addition, FLs can have their own Departments,withpriority mostly given to theEnglish language, but SAILs are grouped together to form African Languages Departments. Beyond the results An integrated approach to SAIL learning in SAUs should be established.This should be done in consideration of their official status. All stakeholders should support such a project. Lesson learned The intervention showed that there is still a long way to go for SAIL learning at SAUs. Important factors on the development and promotion of SAILs in SAUs are still overlooked. Inclusion of SAILs for the sake of satisfying the call for their inclusion without commitment by the councils and their senates in the country’s universities is common. Conclusion FL learning at SAUs surpasses the learning of SAILs. Hard power created in 19th century still prevails and soft power is emerging. The hard power seems to have created African elites whoprefer English rather than indigenous languages. References Abdullah, S.S. (2013). A Contrastive Study of the Grammar Translation and the Direct Methods of Teaching. ICBEMBS, 26-27 January: 124-128. Retrieved from http://psrcentre.org/images. African Union. (2006). Charter for African Cultural Renaissance.http://au.int/en/sites/default Ashcroft, B. (2001). Language and Race. Social Identities, Vol.7, No. 2: 311-328. 10.1080/1350463012008790. Doi: Chang, S.C.(2011). A Contrastive Study of Grammar Translation Method and Communicative Approach in Teaching English Grammar. English Language Teaching, Vol. 4, No. 2: 1324.Doi:10.5539/elt.v4n2p13. Christie, P. (1991). The Right to Learn: The Struggle for Education in South BN: Ravan Press. Ducháčková, S. (2006).Methods and Approaches in Foreign Language Teaching. fromhttp://is.muni.cz/th/68503/pedf_m/Diploma_Thesis.pdf. 232 Africa.Braamfontein, Retrieved �Journal of Foreign Language Teaching and Applied Linguistics Gray, C.S. (2011). Hard Power and Soft Power: The Utility of Military Force as an ofPolicy in the 21st Century.Carlisle, US: Strategic Studies Institute. Instrument Lalu, P. (2011). Restless natives, native questions,Mail & Guardian. 26 August: 1. Louw, L. & Kendall, F. (1996). South Africa: The Solution.Norwood: Amagi Publications. Lund, T. (2014). Power Education ‘is Behind Joblessness’: No Dividend From Rate. Business Day. 10 April:1-2. Drop in SA Poverty Mandela, N.R. (1994).Long Walk to Freedom. London, LN: Abacus. Maseko, P. (2011). Looking in all the wrong places for real learning. Mail & August: 8. Guardian. 26 McKerron, M.E. (1934). A History of Education in South Africa. Pretoria, PTA: J.L. Van Schaik. Meyer, M. (2007). An Exploration of the Role of Soft Power in Hegemony: the Retrieved from www.scholar.sun.ac.za/bitstream. Ministerial Committee.(2005).The Development of Indigenous African Instruction in Higher Education. Pretoria: N. S. Ndebele. USA and China. Languages asMediums of Ministry of Education. (1997a).Education White Paper 3: A Programme for the Transformation Higher Education. Pretoria:S. M .E .Bengu. Ministry of Education. (1997b). Higher Education Act 101 of 1997. Pretoria: Juta Limited Ministry of Education. (2001). Draft National Plan for Higher Education in Retrieved from http://www.unisa.ac.za. Of & Company South Africa. Ministry of Education .(2002). Language Policy for Higher Education.Pretoria: T. Mbeki. Morales-Jones, C.A. (2013).Methods/Approaches of Teaching ESOL: A Historical Overview. In H. Zainuddin, N.Yahya, C.A. Morales-Jones, &E.N.W. Ariza (Eds.), Fundamentals of Teaching English to Speakers of Other Languages in K–12 Mainstream Classrooms (pp. 63-74). Dubuque, Kendall Hunt Publishing Company. Nkuna, P.H. (2010a). The 11 Official Languages: An Advantage for South Africa. MD: Hlovasi Productions. Midrand, Nkuna, P.H. (2010b). The Fit between Government Language Policies and Institutional Language Policies: The Case of Indigenous Languages in the South African Higher Education System. Retrieved from http://uir.unisa.ac.za. Nye, J.S. (1990).Soft Power. Foreign Policy, No. 80, Twentieth Anniversary URL: htt://links.jstor.org/sici?sici= 005. Nye, J.S. (2006). Soft Power, http://www.hks.harvard.edu. Hard Power and (Autumn):153-171. Leadership. Retrieved from 233 �Learning foreign and indigenous languages: The case of South African universities South Africa. (1996). Constitution of the Republic of South Africa No. 108 of GovernmentPrinters. TheGrammar Translation Method (January). (2010). Retrieved 1996. fromwww.englishraven.com. Trunkos, J. (2014).What Is Soft Power Capability and How Does It Impact Foreign Retrieved from http://www.culturaldiplomacy.org/academy/content/pdf. 234 Pretoria: Policy? � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 2796 Title A name given to the resource Learning foreign and indigenous languages: The case of South African universities Author Author Nkuna, Paul Abstract A summary of the resource. Learning a language through another language is trivialto any type of language learning, whether it is the learning of a local or a foreign language. South Africa’s language policy for higher education recommends the study of foreign languages (FLs) and indigenous languages.A decade after its adoption, the learning of a foreign or indigenous language in that foreign or that indigenous language, respectively, at universities has been overlooked. In essence, the learning of foreign languages at the country’s universities dates back to the 19th century, when the first higher education institution,the South African College was established. At that College a Department of General Literature that offered Dutch, English, Latin and Ancient languages was established. English and Dutch teachers provided instruction in the English and Dutch language, respectively. The instructions involved theory, history and practice of English grammar and literature or Dutch grammar and literature. The learning of indigenous languages at the country’s universities began in the 20th century under the departments of Bantu Studies. They were learnt through English, and then later through English andAfrikaans. The instructions involved theory, history and practice of English grammar and literature. The aim of this study is to gain knowledge on the different approaches that may be used to learn a foreign language and an indigenous language. The study focuses on the complex challenges facing the country’s universities to adopt new, different and best models for the teaching of foreign and indigenous languages after many decades of using English and Afrikaans mediums. A case study method is used for this study. The emphasis is on the learning of foreign versus indigenous languages in South African universities (SAUs). The paper consists of an introduction, the theory of Grammar Translation Method (GTM), a case study on the learning of foreign versus South African indigenous languages (SAILs) at the SAUs, and a conclusion. Keywords: foreign language, indigenous language, learning, English, Afrikaans Publisher An entity responsible for making the resource available International Burch University Date A point or period of time associated with an event in the lifecycle of the resource 2015 Keywords Keywords. Article PeerReviewed P Philology. Linguistics,PL Languages and literatures of Eastern Asia, Africa, Oceania,PR English literature Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 3522 Title A name given to the resource LEARNING FOREIGN AND INDIGENOUS LANGUAGES: THE CASE OF SOUTH AFRICAN UNIVERSITIES Author Author Nkuna, Paul Abstract A summary of the resource. Learning a language through another language is trivialto any type of language learning whether it may be the learning of a local or a foreign language. In South Africa the country’s language policy for higher education recommends the study of foreign languages (FLs) and indigenous languages.After a decade of its adoption, the learning of a foreign or indigenous language in that foreign or that indigenous language, respectively, at universities has been overlooked. In essence, the learning of foreign languages at the country’s universities dates back to the 19th century when the first higher education institution – the South African College was established. At that College a Department of General Literature that offered Dutch, English, Latin and Ancient languages, was established. English and Dutch teachers provided instruction in the English and Dutch language, respectively. The instructions involved theory, history and practice of English grammar and literature or Dutch grammar and literature. The learning of indigenous languages at the country’s universities began in the 20th century under the departments of Bantu Studies. They were learnt through English, and then later through English and/ Afrikaans. The instructions involved theory, history and practice of English grammar and literature. The aim of this study is to gain knowledge on the different approaches that may be used to learn a foreign language and an indigenous language. The study focuses on the complex challenges facing the country’s universities to adopt new, different and best models for the teaching of foreign and indigenous languages after many decades of using English and/ Afrikaans medium(s). A case study method is used for this study. The emphasis is on the learning of foreign versus indigenous languages in South African universities (SAUs). The paper comprises of an introduction, the theory of Grammar Translation Method (GTM), a case study on the learning of foreign versus South African indigenous languages (SAILs) at the SAUs, and a conclusion. Date A point or period of time associated with an event in the lifecycle of the resource 2014 Keywords Keywords. Conference or Workshop Item PeerReviewed PE English https://omeka.ibu.edu.ba/files/original/83e161c7096116db39634249d16b2c80.docx 401a2ba52b3ba401ef2cb56ad1cd049f https://omeka.ibu.edu.ba/files/original/b9aaf2a68c58cb253b50cfe445cb54be.pdf 035d96cb0844bb75afcf068f7af95408 PDF Text Text Learning Style Preferences and Language Learning Strategies - An Input to Course Design Irena Meštrović Štajduhar University of Rijeka/ Rijeka, Croatia Key words: learning styles, language learning strategies, course design ABSTRACT This study aims to examine the learning style preferences and language learning strategy use of the 1st year undergraduate students of English language and literature at a Croatian university. A total of 41 students attending the same core English language course were asked to complete the Style Analysis Survey (SAS), a questionnaire which was used to identify the following aspects of learning styles: how they use their physical senses to study or work, how they deal with other people, how they handle possibilities, how they approach tasks and how they deal with ideas. In addition, the participants completed Strategy Inventory for Language Learning (SILL), which was used to determine the extent to which the following strategies are used: memory, cognitive, compensatory, metacognitive, affective and social. The data was obtained at the end of the 1st semester course and will be used as input for the 2nd semester course, which directly builds on the previous one. In order to provide opportunities for all students to achieve success and fulfill their potential, course activities will be centered on the students’ learning styles. The findings regarding learning strategies will be the basis for implementing Styles- and strategies-based instruction (Cohen, 2002), which is intended to help the students complement their current strategy repertoire with language learning strategies that match their styles � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 1880 Title A name given to the resource Learning Style Preferences and Language Learning Strategies - An Input to Course Design Author Author STAJDUHAR, Irena Meštrović Abstract A summary of the resource. Key words: learning styles, language learning strategies, course design ABSTRACT This study aims to examine the learning style preferences and language learning strategy use of the 1st year undergraduate students of English language and literature at a Croatian university. A total of 41 students attending the same core English language course were asked to complete the Style Analysis Survey (SAS), a questionnaire which was used to identify the following aspects of learning styles: how they use their physical senses to study or work, how they deal with other people, how they handle possibilities, how they approach tasks and how they deal with ideas. In addition, the participants completed Strategy Inventory for Language Learning (SILL), which was used to determine the extent to which the following strategies are used: memory, cognitive, compensatory, metacognitive, affective and social. The data was obtained at the end of the 1st semester course and will be used as input for the 2nd semester course, which directly builds on the previous one. In order to provide opportunities for all students to achieve success and fulfill their potential, course activities will be centered on the students’ learning styles. The findings regarding learning strategies will be the basis for implementing Styles- and strategies-based instruction (Cohen, 2002), which is intended to help the students complement their current strategy repertoire with language learning strategies that match their styles Publisher An entity responsible for making the resource available IBU Publishing Date A point or period of time associated with an event in the lifecycle of the resource 2013-05-03 Keywords Keywords. Article PeerReviewed Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 854 Title A name given to the resource Learning Turkish as a Foreign Language via Electronic Tandem (eTandem) Author Author Gurkan, Tabak Abstract A summary of the resource. Technological developments present various opportunities to foreign language learners. On the other hand, teaching and learning a foreign language should not be solely based on a classroom teaching environment after witnessing such technological developments. These developments provide foreign language learners with more communicative interaction and natural environment. One of the opportunities which technological developments bring in learning of a foreign language is electronic tandem (eTandem). In eTandem, language learners learn a foreign language from their learning partners and teach their main language to their learning partners through telephone, e-mail or other media tools. This paper introduces eTandem and describes how eTandem was used to facilitate the learning of Turkish as a foreign language. There hasn’t been any study concerning eTandem in the field of teaching Turkish as a foreign language yet. For this reason, it is thought that this study will contribute to the field of teaching Turkish as a foreign language. Date A point or period of time associated with an event in the lifecycle of the resource 2012-05 Keywords Keywords. Conference or Workshop Item PeerReviewed P Philology. Linguistics Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 3416 Title A name given to the resource LEARNING WORDS THAT MEAN NOTHING: USING REAL CONVERSATIONS FOR TEACHING ENGLISH DISCOURSE MARKERS Author Author Kurtić, Emina Aljukić, Bernes Abstract A summary of the resource. This paper deals with teaching English discourse markers to native speakers of Bosnian who learn English as a second language. We present a corpus of realistic audio and video recordings of every-day Bosnian and British English conversation and argue that using these recordings in ESL classroom instead of constructed text examples is crucial for successfully teaching the conversational phenomena such as discourse markers. Date A point or period of time associated with an event in the lifecycle of the resource 2014 Keywords Keywords. Conference or Workshop Item PeerReviewed PE English https://omeka.ibu.edu.ba/files/original/e243ae494dc09bd66daf024d23f34373.pdf 5558a96095356ea7613d49ed5a02831d PDF Text Text 3rd International Symposium on Sustainable Development, May 31 - June 01 2012, Sarajevo LEGACY of TURGUT ÖZAL and THE SUSTAİNABLE TRANSFORMATİON of TURKEY with AK PARTY GOVERNMENTS Erdoğan Selami, Acar Eray Dumlupinar University, Kütahya, Turkey, E-mails: erdogans274@mynet.com,acar_eray@hotmail.com Abstract Turgut Özal is one of the most important actors in the Turkish Political life. He made fundamental changes in Turkey between 1983-1993 as a Prime Minister or President of Turkish Republic. He not only tried to liberate Turkish economy but also political sphere. Özal, especially focused on freedom of speech, freedom of belief and freedom of enterprise. At the same time, the latest refers to the free market economy. Until Özal's period Turkish political leaders applied the model of mixed economy, not free market economy, that is, the structure of Turkish economy wasn't entegrate with global markets. İnitially, Özal changed it and he started to set up export-oriented economic model, free interest rates, privatization, etc... and then, made political reforms; like freedom of speaking the Kurdish language, dissolution of 141, 142 and 163. articles of Turkish Ciriminal Code, application for full membership to the European Union. Unfortunately, his succesors could not able to sustain his revolutionary political and economic vision. İn this respect, 1990s can be considered as lost years for the Turkey. Until AK Parti governments Turkey encountered deep economic and political crises such as April 1994 and 28 February 1997. After from this miserable period, with the AK Parti government Turkey returned to the Özal's reformist politics both politically and economically. According to the arguments which are mentioned below, Özal's transformation efforts will be examined from today's view. Besides, what are the main characteristics of Özal and the AK Parti leader Recep Tayyip Erdoğan, can we say continuity or divergence between them. İn Today's Turkey, what is the importance of Turgut Özal, can we say that, Özal's ideas particularly in economic field-is being applied by the AK Parti government. Keywords: Özal, AK Parti, Free Market Economy, Economic Crises, Political Reforms, Turkish Economy. 1.Turgut Özal And ANAP (Motherland Party) Turkey encountered two important problems which were the political and economic crises in the late of 1970s. 24 January 1980 Desicions (Özal architect of desicions), a series of fundamental economic policy changes, couldn’t be carried out by the weak Demirel’s minority government. These problems paved the way for the military intervention of Turkey in September 12, 1980. The Junta came to power with overriding objectives, the first one was to repress the political sphere by applying rigid measures against extremists and the second objective was for economic restructuring (Boratav, 1998: 122 ; Topal, 2000: 122).The 1980 102 �3rd International Symposium on Sustainable Development, May 31 - June 01 2012, Sarajevo Military Coup in Turkey was an attempt by the General Kenan Evren and his friends who were called NSC (National Security Council) to reshape the Turkish political system for the sustainabledemocratic order. Forthat reason, some measures were implemented between September Coup 1980 and November 1983 by the military government to reestablish the Turkish political arena. The new constitution was approved by a referendum in 1982. (Ergüder, 1991: 152). After that, İn order to regulate party formation and electoral system the new Political Parties Lawand Electoral Law were enacted in April 1983. Also, It was decided that, new general elections would be realized in November 1983. On the other hand, the ruling military government did not want coalition government for the stability of political sphere. To provide this target they introduced %10 election threshold which was very high. Similarly, according to this aim, they thougt to allow only two political parties to attend the 1983 General Elections, one of them is moderate-right MDP (Nationalist Domocracy Party), the other is moderate-left HP (Populist Party). But, the powerful Generals gave permission reluctanly Özal’s Party ANAP to enter into elections due to foreign pressure (Akdoğan, 2001:88; Ahmad, 2007: 189-190). However, the junta supported his own party (MDP) strongly. İndeed, President Evren had already made a television speech before the elections, he clearly criticized Turgut Özal and his party (MP), favoured MDP. İn any case, Evren’s speech didn’t contributeMDP, but it damaged.At the end, NSC allowed to compete of the three political parties for the 6 November General Elections. Duringthe elections campaing it was understood that, Özal was ready for government, he was talking abuot the measures to recover corrupted (ruined) economy, economic transformation, free market economy, also selling to the Bosphorus Bridge etc. On the other hand, the other two leaders (Necdet Calp and Turgut Sunalp) couldn’t say concrete projects. Especially, MDP was presenting itself as the reprasantative of 12 September Military Coup.Unlike Özal’s political meetings, their meetings were not exciting to Turkish voters. Morever, Özal and his party managed to present itself as a civilian force, the most competent among other two parties to normalize Turkish democracy and economic system. At the same time, Özal were using more civilian discourse, he meant that his party autonomous from the military (Akdoğan, 2001: 88). ANAP was advocating consensus and toleration in political sphere unlike MDP and HP. According to Özal, economic problems could be resolvedonly by decisive and logical methods. That is, he meant that their government could overcome these problems. Turkish People believed him. Only Özal’s Party used positive discources and formulations, other parties preferred to say state-oriented rhetoric (Özkazanç, 1996: 1221). At the same time, conversation programmes on TRT (Turkish Radio and Television) contributed Özal’s success. At these programmes Özal told his economic projects simply and clearly instead of ideological issues, (Heper, 2011: 206). Özal persuaded Turkish People on economic issues easily. And, ANAP was able to win the elections getting a little more votes than 45 percent (%45.2) 211 deputies (400/211) in the Elections of November 1983 and come to the power only by itself (one-party government). 1.1. Özal’s Governments and Economic Transformation of Turkey 103 �3rd International Symposium on Sustainable Development, May 31 - June 01 2012, Sarajevo The ideology of the ANAP was based on four different political views, nationalism, conservatism, social justice, and market economy (ANAP programme, 1983). İn this respect, Özal claimed that our party was the represantative of the whole society rather than a part of it. Prime Minister Özal and his party acted carefully in order not to do an action to disturb the soldiers (NSC), as it was transition government and comletely signed the desicions about the economy can be seen. While noticing the conditions of that time, it is seen that this was a logical preference. During those years Özal introduced himself as a calculating man by using a rather moderate language and stressed on economical issues(Kalaycıoğlu, 2002: 46). On the other hand, Özal accused the previous governments of being too closed in international community and economy. According to him, Turkish politicians were hesitating to be open to the international arena and attempting to built a wall around Turkey. İn this context, closed society and closed economy meant an isoleted country. Özal aimed to changed these closed policies (Topal, 2001: 40).The primacy aim of Özal was to make structural changes in economy and to make the economy open to the out side (Kazdağlı 2003: 460) He eventually started to make his decisions into practice which he had planned before. The major reforms of Özal roughly (Morgil, 1996: 104-105; Akad: 2000: 267). - He abolished “The Law of the Protection of the Value of Turkish Lira” that he had come from the years of 1930. The flexible exchange rate policy was started (It means no devaluation suddenly) The control of prices was abolished (Black Market ended) The importing limitations and quotas were almost completely abolished Out of budget funds applications were established in order to get rid of the bureaucratic formalities Reduced beuraucracy for taking driver’s license and passport Privatization efforts, the industrialization policies which are open to foreign competition and the encouragement of the industrial and service investments. Özal is usually remembered for his infrastructural projects that he had made for supporting the investments. For instance, Fatih Sultan Mehmed Bridge (2.Bosphorus Bridge), Atatürk Dam, highways, roads, harbours, airports, the commonization of the telephone networks of the villages are appearing at the first sight for evaluating in this respect. İn the different centres of Anatolia (Denizli, Konya, Kayseri etc.) the firms which were called as “Anatolian Tigers” were able to exist by means of incentives that Özal had given (Öniş, 2000: 289). By means of Özal’s radical economical transformations which we have counted above, the import-substitution period in Turkish economy finished, an economical model that is exportoriented had been started with Özal (Çalık, 1992: 6). Thanks to these reforms, it wasn’t anymore guilt to have foreing currency or foreign cigarettes in your pocket in Turkey. Also, The absences of goods and queues of goods were no longer problems though they had been very common before 12th September. Özal said that we souldn’t be afraid of making competition with the World and gave to importance to the freedom of enterprising. İnstead of being afraid globalisation, Özal made it stress that it was an oppurtunity for us. He often went to on journeys abroad by making his plane full of businessman. İn his opinion, our age was an age of individuals’, freedoms and oppurtunities. İn this context, ANAP governments gave 104 �3rd International Symposium on Sustainable Development, May 31 - June 01 2012, Sarajevo incentives to the businessmans in every field, for that reason, big success were realized in private sector, e.g tourism(Kazdağlı, 1996: 100). Besides successful enterprisers emerged in all the parts of Anatolia. They started to export different goods to all around the World. Between the years 1983-1989 in which Özal was ruling the country, the average growth rate in a year in Turkey was more than 5 percent. Again in this period the export of Turkey had been increased up to 350 percent (Öniş, 2000: 289). On the other side, the economic crises that Turkey was used to, were not seen in Özal’s period. However didn’t only apply policies based on economy, but he also wanted to entegrate the economical liberalism with the political liberalism in the following period. We realize that serious steps were made in his time in the field of democratization. 1.2. Özal and Democratization Özal is generally accused of giving importance and first side to the liberalization in economy rather than not making a serious liberalization in political field. When Özal started to rule the country in 1983, the guardianship of the soldiers (NSC) was still continuing. Whether Özal wanted political liberalization or not, there wasn’t a possibility for this in those times. The sings of political liberalization can be seen from the year 1987. Later, when we look at his reforms during his being the President of Republic (1989-1993), we can say that the political liberalization was at the top. His most common reforms are the followings (Dağı, 2003: 249269; Acar, 2008: 202; Özbudun, 2003: 110, Barlas, 1994: 287): - - İndividual application right to the European Human Rights Commission was given to the Turkish citizens (1987) Turkey made its application for being a full membership of the European Union(1987) The authority of the European Court of Justice was started to be accepted The European and United Nations convention was accepted against torture The 141st, 142nd, and 163rd articles of Turkish Criminal Code (TCK) which prohibited the socialist and the islamic views, were abolished by the personal efforts of Özal in April, 1991 He was the main actor in abolishing the prohibition of speaking in Kurdish Turkey signed The European Social Charter and The Charter of Paris On the other side, Özal signed some critical events that decreased the influence of the soldiers and increased and showed the strength of the civilian rulers. İn 1987, he opposed to the chosing of the General Staff without being asked to him and he appointed the person he preferred as the General Staff (Necip Torumtay), not the one who was dictated to him (Necdet Öztorun). Moreover, he checked a military force with his bermuda short (Heper, 2011: 223). But the most important of all, he always underlined three freedoms througout his career: 105 The Freedom of Thougt �3rd International Symposium on Sustainable Development, May 31 - June 01 2012, Sarajevo - The Freedom of Religion and Conscience The Freedom of Enterprise İn fact, the political philosophy of Özal is hidden in these three sentences. However, Özal had given importance mostly to the economic liberalism in his first ruling period (1983-1987) as the military guardianship was going on, but, especially when he was the president, he was able to make fundamental reforms in the field of democratization, he signed many important progressions. 2. Stagnation Period of Turkey (1990s) The coalition governments period started again in Turkey from 1991. The years of 1990s were the years of economical and political crises with the coalition governments (1994etc.) On account of the short lasting governments, political chaoses were always lived through. Worse than this, 28th. February 1997 Post-modern Coup was realized. Turkey lost its reformative identity in this period, failed the improvments througout the World as it was struggling with the artificial problems inside the country, its macroeconomic balances were damaged, its banks were robbed etc. On the other hand, the military and civilian bureaucracy intervened in every part of public life. Also, elected governments and politicians were threatened. That’s why the years of 1990s are called as the years in which Turkey went back in economic and political liberalism. Nevertless, the most positive thing in this period was that achieving the full membership status to the European Union in 1999. 3.The Governing of AK Party and Restarting of Transformation Period As the DSP-MHP-ANAP Coalition Government took the country towards financial crises and was unsuccesful at solving the problem of corruption, it carried the AK Party to the government in the November 2002 Elections. İt was unsuspicious that the success that the politicians working at AK Party had shown at the municipalities and except from this, the KOBİs’ and the bourgeoise of Anatolian’s support was effective in this success (Öniş, 2010: 259). Two parties got the right to enter to TBMM after the elections. AK Party and CHP. AK Party became the governing party. İn fact, AK Party came to the government after a similar period of ANAP. Because ANAP had also come to the government as a result of a very deep economical and political crises. Undoubtedly, a charismatic leader (Erdoğan) played an important role in the success of AK Party as it had been like in ANAP (Özal). AK Party promised that it would do reforms in the field of economics, in addition to this, it would get rid of the problem of basic rights and freedoms. At the same time, AK Party preferred to make stress on economical issues and European Union process insistently instead 106 �3rd International Symposium on Sustainable Development, May 31 - June 01 2012, Sarajevo of classical ideological polarizations. People showed their support to AK Party’s liberal policies in the 2002 elections (Altun, 2009:4). 4.AK Party Governments and Re-transformation of The Turkish Economy Turkey regained its reformative identity that it had lost in the 1990 years with AK Party. The Party stayed loyal to the free market economy and which had been started by Özal in the period that was after 1980. İn addition to this, Erdogan declared the loyality to European Union Process. İt started to apply the targets that it had put forward with patience in 2002 November after it came to government despite some political disadvantages (soldiers and civilian bureaucracy). Erdogan’s Party also started to work intensely in many fields like education, healt, building, transportation and others (Koç, 2011). Besides, it stayed faithful to the IMF agreement that the former government had signed. By means of successful financial discipline and decisive economical reforms, AK Party has signed a lot of successes. Undoubtedly the European Union process has been one of the most important supporting factors to achieve these successes (Öniş, 2010: 269). Once AK Party became the government, it gave too much importance to this process, at the same time, by means of this process it strengthened its legitimacy. İt should be pointed that the IMF criteria are important about decreasing the inflation and net debt amount. The records of Republic History has been achieved again in this period in the flow of foreing capital (Altun, 2009: 19). Likewise it had been in ANAP’s (Özal’s period), big successes have been achieved in national income and export during AK Party government. İf we look at these rougly (www.tüik.gov.tr) - The export which has been 36 billion$ in 2002 increased to 134 billion$ in 2011 National income which was 230 billion$ in 2002 increased to 735 billion$ in 2011 The record was done in privatization between 2003-2011 (TÜPRAŞ. etc) 34 billion$ İf we look at the results in other fields in order to undertand the dimensions of the transformation in Turkey (www.akparti.org.tr) : - Turkey has been introduced with High Speed Train 13.500 kilometres doubled-road has been built TOKİ has been built about 500.000 flats Service has been carried even to the farthest villages with the KOYDES and BELDES projects There hasn’t been any city without a university Six zeros have been abolished for Turkish Liras On the other hand, Likewise Özal The Prime Minister Erdoğan took the businessman with him abroad so as to increase the trade. He abolished the vizas with a lot of countries. İn addition to these the number of turists coming to Turkey has increased to 32 million from 13 107 �3rd International Symposium on Sustainable Development, May 31 - June 01 2012, Sarajevo million in 2011 (www.dha.com.tr). Accordding to these datas, It is clear that Erdogan’s Party is developing to Turkey successfully, for that reason a large majority of Turkish voters support his party increasingly. 5. Democratization and AK Party AK Party had given the signals that it would make democratization steps from the time it came to the government. The Prime Minister of that period, Abdullah Gül, stressed in his speech of İCO’s Tahran Summit in May 2003 that the Muslim Countries had needed to care more about the democratization, human and women rights (Duran, 2010: 341). İn the following period, it could be seen that AK Party government was much sincere about this subject by the motivation of European Union as well. İf we have to make notice to the most known reforms (Dağı, 2010: 132-140; Koç, 2011: 15-20, Altun, 2009: 15; www.akparti.org.tr). - - The applications of state of emercency was abolished The closing of political parties have been made difficult State Security Courts were abolished The Law of Getting İnformation has been enacted The political propaganda with an other language (Kurdish) than Turkish has been abolished Broadcasting in Kurdish has been made free for private TV and radios. 24 hour Kurdish broadcasting has been started in TRT 6. İt has been allowed to established Kurdish Language and Literature Departments and İnstitutions at Universities. National Unification and Brotherhood Projects have been started A lot of workshops about Alevi Problem has been done On the 12th September, 2010, a large change of Constitution which decreased the influence of the military in politics and brought a positive discrimination to the women and children has been adopted. On the 27th April, 2007, the civilian ruling (AK Party) has objected to the ememorandum, which was broadcasted in the internet by the General Staff, but AK Party refused this memorandum and declared counter-memorandum in 28 April 2007 unexpectedly. The success of AK Party both in the field of economy and its democratic standing has been appreciated by the Turkish public. AK Party has achieved an effective success by increasing its votes in the 3 general elections that followed one other. On the other hand, in 1990s influence of the military was very high in political sphere, but with AK Party governments, İt changed. When we look at the relationship between soldiers and AK Party, Tayyip Erdoğan has signed a cautious reform without damagining and destroying, by thinking the institutional reputation of TSK (Turkish Military Forces) (Aydın, 108 �3rd International Symposium on Sustainable Development, May 31 - June 01 2012, Sarajevo 2012: 4). İn a new period Turkey has entered, the Generals have been giving applications for retirement instead of memorandum now (İdiz, 2011: 17). Then, Turkey has been normalizing. REFERENCES Alev Özkazanç, “Türkiye’de Yeni Sağ”Cumhuriyet Dönemi Türkiye Ansiklopedisi, C.15, İletişim Yayınları, 1996: Ankara ANAP Programı (1983) Argun Akdoğan, Mapping Özal New Hegemonic Project, Doktora Tezi, ODTÜ, 2001: Ankara Asaf Savaş Akad, “The Political Economy of Turkish İnflation”, Journal of İnterntional Affairs, V.54, 2000 Aylin Topal, The New Right and Özalizm, Yüksek Lisans Tezi, Bilkent, 2000: Ankara Burhanettin Duran, “AKP ve Dönüşümün Aracı Olarak Politika”, H.Yavuz (Editor), AK Parti ve Toplumsal Değişimin Yeni Aktörleri, Kitap Yayınevi, 2010: İstanbul Celal Kazdağlı, “Turgut Özal’ın İktisadi Reformları”, İ.Sezal, İ.Dağı (Editoryal), Kim Bu Özal?, Boyut Kitapları, 2003: İstanbul Ergun Özbudun, “Özal ve Demokratikleşme”, İ.Sezal (Editör), Devlet ve Siyaset Adamı Turgut Özal, 20 Mayıs Vakfı, 1996: İstanbul Ersin Kalaycıoğlu, “The Motherland Party: The Challange of İnstitutionalization in a Charismatic Leader Party” M.Heper, B.Rubin (Editoryal), Political Parties in Turkey, Frank Cass Pub., 2002: Londra Ertan Aydın, “Erdoğan’ın uzlaştırıcı reformizmi” Star Gazetesi Açık Görüş, 26.02.2012 Fahrettin Altun, “12 Eylül’den 12 Haziran’a Siyasi Partiler, AK PARTİ”, Seta Analiz, S.41, 2011: Ankara Feride Acar, “Turgut Özal” (Çev: Zuhal Bilgin), M.Heper, S.Sayarı (Editoryal), Türkiye’de Liderler ve Demokrasi, Kitap Yayınevi, 2008: İstanbul 109 �3rd International Symposium on Sustainable Development, May 31 - June 01 2012, Sarajevo Feroz Ahmad, Bir Kimlik Peşinde Türkiye, Bilgi Üniversitesi Yayınları, 2007: İstanbul İhsan Dağı, “Kimlik Siyaset ve İnsan Hakları Söylemi”, H.Yavuz (Editör), AK Parti ve Toplumsal Değişimin Yeni Aktörleri, Kitap Yayınevi, 2010: İstanbul Korkut Boratav, Türkiye İktisat Tarihi, 1908-1985, Gerçek Yayınevi 1998: İstanbul Mehmet Barlas, Turgut Özal’ın Anıları, Sabah Kitapları, 1994: İstanbul Metin Heper, Türkiye’nin Siyasal Hayatı,Doğan Kitap, 2011: İstanbul Mustafa Çalık, “Özal: Türkiye’nin Önünde Hacet Kapıları Açılmıştır”, Türkiye Günlüğü, sayı.19, 1992 Orhan Morgil, “Turgut Özal ve Ekonomi Politikaları”, İ.Sezal (Editor), Devlet ve Siyaset Adamı Turgut Özal, 20 Mayıs Vakfı, 1996: İstanbul Semih İdiz,“Muhtıra Değil Emeklilik Dilekçesi Veriliyor” Milliyet Gazetesi, 01.08.2011 Üstün Ergüder, “The Motherland Party (ANAP) 1983-1989” M.Heper, J.Landau (Editoryal), Political Parties and Democracy in Turkey, I.B.Tauris Publishers, New York and London: 1991. Yusuf Ziya Öniş, “Neo-Liberal Globalization and the Democracy Paradox: The Turkish General Elections of 1999” Journal of İnternational Affairs, V.54, Fall 2000 Yusuf Ziya Öniş, “Adalet ve Kalkınma Partisi’nin Ekonomi-Politiği”, H.Yavuz (Editör), AK Parti Toplumsal Değişimin Yeni Aktörleri, Kitap Yayınevi, 2010: İstanbul Yaşar Taşkın Koç, “Değişim ve Statüko Kıskacında Ak Parti”, Seta Analiz, S.6, 2009: Ankara www.dha.com.tr www.akparti.org.tr www.tüik.gov.tr 110 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 1158 Title A name given to the resource LEGACY of TURGUT ÖZAL and THE SUSTAİNABLE TRANSFORMATİON of TURKEY with AK PARTY GOVERNMENTS Author Author Erdoğan, Selami Abstract A summary of the resource. Turgut Özal is one of the most important actors in the Turkish Political life. He made fundamental changes in Turkey between 1983-1993 as a Prime Minister or President of Turkish Republic. He not only tried to liberate Turkish economy but also political sphere. Özal, especially focused on freedom of speech, freedom of belief and freedom of enterprise. At the same time, the latest refers to the free market economy. Until Özal's period Turkish political leaders applied the model of mixed economy, not free market economy, that is, the structure of Turkish economy wasn't entegrate with global markets. İnitially, Özal changed it and he started to set up export-oriented economic model, free interest rates, privatization, etc... and then, made political reforms; like freedom of speaking the Kurdish language, dissolution of 141, 142 and 163. articles of Turkish Ciriminal Code, application for full membership to the European Union. Unfortunately, his succesors could not able to sustain his revolutionary political and economic vision. İn this respect, 1990s can be considered as lost years for the Turkey. Until AK Parti governments Turkey encountered deep economic and political crises such as April 1994 and 28 February 1997. After from this miserable period, with the AK Parti government Turkey returned to the Özal's reformist politics both politically and economically. According to the arguments which are mentioned below, Özal's transformation efforts will be examined from today's view. Besides, what are the main characteristics of Özal and the AK Parti leader Recep Tayyip Erdoğan, can we say continuity or divergence between them. İn Today's Turkey, what is the importance of Turgut Özal, can we say that, Özal's ideas particularly in economic field-is being applied by the AK Parti government. Keywords: Özal, AK Parti, Free Market Economy, Economic Crises, Political Reforms, Turkish Economy. Date A point or period of time associated with an event in the lifecycle of the resource 2012-05-31 Keywords Keywords. Conference or Workshop Item PeerReviewed H Social Sciences (General) https://omeka.ibu.edu.ba/files/original/ca6917a24bb6fde01291a1e907a23af2.pdf f8d8f499f75a231793e07646d1ef62e0 PDF Text Text 2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo Legal and Financial Regulations to Create New Investment Opportunities in Macedonia Fehmi AĞCA Dr., International Balkan University, International Relations and Law, Scopje, Macedonia. fagca2001@yahoo.com Engin DEMĠREL Dr., International Balkan University, International Economic Relations, Scopje, Macedonia. edemirel@mail.com Abstract: As a small, open economy, Macedonia continues to take active steps to attract foreign direct investment (FDI). The country has enacted legislation that not only ensures an equal footing for foreign investor‘s vis-à-vis their domestic counterparts, but also provides numerous incentives to attract such investment. The legal system in Macedonia is undergoing substantial reforms. However, it is still slow, inefficient, lacking the adequate resources, and sometimes subject to political pressures and corruption. Enforcement of the law and upholding of contracts is inconsistent and not always impartial. This paper examines the legal changes in Macedonia and its effect on FDI from the historical perspectives and forecast on strategic management changes simplifying the administrative decisions on investment. New legal and administrative regulations on investment incentives for FDI and business regulations will provide a new momentum for the economic development of this EU candidate state. Keywords: FDI, financial and legal regulations, institutional capacity Introduction Strategic priorities and goals of the Government of the Republic of Macedonia are follows; increasing competitiveness on a constant basis, higher employment rate, fostering foreign and domestic investments, strengthening the Public-Private Partnership and empowering the administrative capacities. The maintenance of macroeconomic balance and stability of the national economy, based on sustainable economic growth, mainly by encouraging the domestic investments and attracting foreign investments, as well as the increased level of the public investments. (2009 - 2011 Public Investment Program) The Government of the Republic of Macedonia emphasizes the priority of creating conditions and prerequisites for successful implementation of Stabilization and Association Agreement with the European Union, the Agreement with the World Trade Organization (WTO) and the Central European Free Trade Agreement (CEFTA). These agreements, together with the concluded contracts, i.e. free trade agreements with other countries in the region and in wider frames, are solid grounds for increasing the economic cooperation abroad, restructuring the economy and thus the total development. Understanding the role and function of law in the international business environment is a critical skill for the international manager. Only by understanding the range of issues and the elements and characteristics of the legal system, and by developing a clear knowledge of who will be the key decision-maker in the legal environment, the international manager can avoid the traps and being of unknowledgeable in a globalized economy. (Hunter and Shapiro, 2008) Official reports confirm that Macedonia has made important progress in the economic stability and its macro economic system. The inflation and budgetary deficit have reached comparative level with EU. However, the base for product growth has not been ensured. The budget is dependant from foreign investments; the private sector is weak and the foreign investments level is low.(Sela, 2008) During the last crisis, IMF and World Bank arrangements partially substituted the lack of broad based consensus for the transition reforms. Due to falling output and increasing unemployment and poverty, the authorities 42 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo were not able to create compensating mechanisms for the transition period losers. A major weakness exists because of the weak institutional framework and especially the lack of the firm rule of law. Despite considerable support of the reforms by the international financial institutions, the inflows of private capital and foreign direct investment were low, while export growth was stagnant. Due to the delayed transition and high social costs there is widespread public feeling of ―reform fatigue‖. (Petkovski, Bishev, 2004) According to evaluation of the legal system in Macedonia done by IMF in 2003, the country does not have an adequate legal system to effectively enforce contracts. Consequently, big part of the economic decline in Macedonia is due to improper and corrupt privatization and limiting liberalization reforms, which increase the amount of rent-seeking activities and create a vicious cycle of politically powerful elite.(IMF, 2003) Continuous institution building, reforms in the financial and real sectors and the continuation of sound macroeconomic policies are the only ways for bringing more dynamism into the Macedonian economy. In this regard, the entrance of the reputable foreign banks has increased the industry‘s efficiency and represented a solid background for promotion of other sectors‘ restructuring and for acceleration of the economic growth. The process of EU accession could give additional impetus for accelerating and finalizing the transformation into the modern market economy. The most important way for unemployment reduction is economic growth. In principal, lowering transactional costs and removing barriers to business are crucial for creation of favorable investment climate and attracting FDI and enhancing exports and investments, as the sources of growth of the gross domestic product and the employment, Strengthening the efficiency of public institutions and regulatory agencies. Market economy depends on functional and efficient institutions. In Macedonia market regulating institutions are new, understaffed, with moderate experience. The lack of tradition in the regulation by the state and the inexperience of the Macedonian institutions in this area is a potential serious handicap. The nature of the privatization process and the inefficient banking system limited the interest of foreign investors in Macedonian companies and the capital market. It is necessary to accelerate the reforms in the area of the market legitimizing institutions. In order to create new investment opportunities the following reforms are required;(Macedonia National Action Plan for employment 2004-2005, 2003)  Improvement of entrepreneurship at all levels, legal protection of private investment, improvement of business culture, banking sector development, finalize privatization,  Improvement of corporate governance, as a precondition for the development of the private sector and growth of the entire economy,  The comprehensive policy of Small and Medium Size Enterprises (SMEs) growth, as an instrument for employment creation.  Reforms at all levels of the educational system, as the investment in human capital is a precondition for poverty reduction,  Reform of public administration, to increase transparency and reduce corruption,  Reforms in the local self-government, to support the local economic development, through capacity enhancement of municipalities and by creating local development institutions. SMEs in Macedonia Almost all of the companies in Macedonia are registered as small enterprises, employing about 55% of the employees in the private sector. According to the main activity registered, the majority of businesses are in the wholesale and retail trade sector (47%), manufacturing sector (13.1%), and the transportation, storage, and communications sectors (approximately 10%). The largest employer is the manufacturing sector, with 35.6% of the total number of employees in the private sector. The Macedonian Government puts a high priority on the development of the SME sector, focusing on measures and activities to support the development and competitiveness of SMEs, and to improve the business environment in general.  The strategic framework for support of SME development is defined by the following documents: The Small Business Development Strategy, 43 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo     Program on Measures and Activities for the Promotion of Entrepreneurship and Creation of Competitiveness of the SMEs in the Republic of Macedonia, The European Charter for Small Enterprises, The Law on Realization of Handicraft Activities, The Law on the Agency for Promotion of Entrepreneurship of the Republic of Macedonia. In order to achieve a higher degree of coordination among the relevant factors, the National Council for Competitiveness and Entrepreneurship was established as an advisory body to the Government, linking the private and public sector to improve the climate for entrepreneurship development. The Agency for Promotion of Entrepreneurship of the Republic of Macedonia is the major player on the national level for the implementation and coordination of national and international support to the small businesses. The Agency works in cooperation with various foundations, development centers, centers for technology transfer, Euro Info centers, as well as private consultants. Legal aspects for Investment in Macedonia An increase of FDI inflows is crucial for the catching-up process and international competitiveness of Macedonia and consequently for the acceleration of the EU integration process. The positive effects on growth and welfare are being obtained from trade through the liberalization of markets for goods and capital. Positive effects of foreign direct investment (FDI) for the host country are transfer of technological know-how, implementation of advanced management structures and modernization of the manufacturing sector to raise the competitiveness of the economy, facilitating access to western markets and stimulating growth.(Zakharov, KušiĤ, 2003) The Government of the Republic of Macedonia has introduced the flat rate tax system in 2006. This policy provided economic stimulus for the private sector in Macedonia and has been welcomed by IMF and independent experts. (Stojkov, Nikolov, Smilevski, 2008). The main driving forces behind the tax reform were the desperate need to FDI inflows to solve the problem of high unemployment. In order to provide impetus for vigorous restructuring, the Government of Macedonia decided to design competitive tax system. Positive experiences from other countries (Estonia, Lithuania, Latvia, Russia, and Slovak Republic) gave strong justifications for the tax reforms in Macedonia. The greatest benefit from the flat rate tax system is the introduction of tax simplicity, replacing the complexity of tax calculations that taxpayers have to deal with. It seemed unavoidable to envisage lower tax rate as part of the new tax reform proposals, given the fierce tax competition in the region. Cutting the tax rates and broadening the tax base hinders the incentives for tax evasion. In return, the fiscal discipline of taxpayers increases as seen by the improved collection of taxes. As a consequence, Macedonian corporate income tax revenue had been realised 60% higher than the planned one in the first half of 2008. Despite some calls for radical reforms, the rate of value added tax (VAT) was not aligned with direct tax rate, because of the substantial risk that tax revenues will fall dramatically. Despite the risk of revenue loss, the collection of tax revenues has been surprisingly good. This leads to a conclusion that Government needs a more methodical data analyses on various taxes that would help in making forecasts on tax revenues. The survey results indicate that despite the initial success of the tax reform there is still more to be done in the tax legislation and the preparation of legislative changes. The main conclusions and policy recommendations are summarized as follows: (Stojkov, Nikolov, Smilevski, 2008) a. Profitability and liquidity of the companies should not count on further fiscal stimulations, given that statutory tax rate was decreased from 15% in 2006 to 10% in 2008. Undertaking further reduction of the statutory tax rate could send a different signal to foreign investors instead of improvement of the business climate itself. b. The latest data analyses of the tax declarations submitted to the Tax Administration (August 2008) emphasises the strong performance of Macedonian companies in terms of profitability. The flat tax policy measures have obviously been justified. Therefore, the flat tax system should continue to be aggressively advertised to potential foreign investors. d. Further simplifications should be envisaged in terms of reporting made by taxpayers to the Tax Administration. Besides, tax administration procedures should be as much as possible simple, precise and with less bureaucracy involved. 44 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo e. A few months after the introduction of the flat system, a new 1.5% tax for small businesses on total income up to 3 million Denars annually has been enacted. A significant percentage of respondents in survey results attached strong resistance for such conflicting tax policy measures. Elimination or decrease of this tax rate in order to ease the tax burden for micro businesses must be considered. f. The survey indicated mixed record for the reinvestment allowance incentive. This uncertainty shows reluctance for such incentive by the companies that are favoring the previous way of investment allowance. The simplification of such reinvestment incentive and reduction of the complexity is required in administering it. Another option is to replace it with more acceptable allowance for the companies, such as the accelerated depreciation for equipment. g. Tax legislation is subject to changes too frequently. It is necessary to consider a rewording of the texts of the tax laws and preparing comprehensive texts which could contribute to more precise provisions and avoid further small and partial changes in the laws. The tax rules in Macedonia should be reconciled to those internationally recognized rules. h. The Public revenue office must improve the audit performance and build a reputation of institution subject to less political influence and less corruptive elements. The politically independent approach would contribute to more efficient administering of the tax laws and greater capacity to deal with the new challenges of taxation, communication with other countries' tax authorities and harmonization with the EU Directives. Free Trade Zones and Technological–Industrial Development Zones (TIDZs) In Macedonia, the Law on Free Economic Zones was enacted in October 1999. Companies established in Free Trade Zones, which meet necessary qualification criteria, are entitled to receive the following benefits; (Ernst & Young, 1999)  VAT exemption for products sold within the Free Trade Zone, or for products which are imported for processing and subsequent re-export;  Profits tax exemption for 10 years;  Property tax exemption for 10 years;  General tax exemption on transfers of property and rights between founding parties and companies within the Free Trade Zone;  Exemption from paying contributions, taxes and other duties for the utilization of urban land, connection to the water supply, sewerage, heating, gas and power supply network;  Land may be leased for up to 50 years, with the possibility of an additional 25 year extension. Because the EU regulations do not permit the establishment of free trade zones, Macedonian Government decided to develeop Technological–Industrial Development Zones (TIDZs). These are centers in which highly productive manufacturing activities are concentrated and new technologies are developed. Macedonia offers additional incentives for development in the TIDZs, in addition to those normally associated with free economic zones. Investors in TIDZs are entitled to personal and corporate income tax exemption for the first 10 years. Investors are exempt from payment of value added tax and customs duties for goods, raw materials, equipment and machines. Land in a TIDZ in Macedonia is available under long-term lease for a period of up to 99 years. Other benefits include completed infrastructure that enables connection to natural gas, water, electricity and access to a main international road network. Investors are also exempt from paying a fee for preparation of the construction site. Fast procedures for business activity registration are provided in TIDZ that further reduce the costs of setting up. The Government pays special attention to production activities, activities from the information technologies area, scientific research activity and new technologies with high environmental standards, for which additional benefits are envisaged in the TIDZs. Investors in TIDZs who operate in these areas are exempt from the liability of a guarantee for any customs debts. Foreign Direct Investment In Macedonia, FDI is permitted in all sectors of the economy, without any restriction. No restrictions are imposed upon the type of business in which a foreign company can invest, and no limitation is imposed upon the 45 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo amount of capital of a company in Macedonia that can be owned by a foreign person. Foreign companies can freely participate in privatization. Foreign investors may receive same business opportunities as those available to local investors, including the right to operate in the TIDZs. In addition, foreign investors enjoy the same legal and regulatory protection as domestic ones. In order to conduct business in Macedonia, foreign company can own and acquire buildings, and has limited rights over immovable property. In addition to having equal treatment as domestic investors, foreign investors in Macedonia are entitled to certain incentives, especially with regard to the payment of tax and customs duties. Profits tax reduction is available for the first three years following registration to companies with more than 20% foreign investment in their share capital. The potential profits tax reduction is calculated as proportionally to the amount invested by the foreign company in the new company. Equipment imported as foreign investment in a domestic company is also exempt from customs duties. There are also tax incentives for research and development expenditures. Since 2006, Macedonia;  Introduced a single procedure for trade licenses.  Formed a Council for Adult Education .  Established skill Needs Analysis model for short-term labour forecasts in 2006  Preparation of new law on accreditation in accordance with EC Regulation No.765/2008 is underway.  By end 2008, nearly 84% of municipalities had completed their cadastral registers-in contrast to only 46% in 2005.  Implemented a simplified regime for SMEs and made further analyses for the tax burden.  Leasing industry is well-developed.(Nolan, 2009) Since property rights and their enforcement have a big impact on economic outcomes (Yeager, 1999, 33). Formal institutions have a big impact on economic outcomes. If property rights are not clear, and not easy to enforce, which is the case in Macedonia, this is a detrimental effect to growth. According to Yeager (1999, 33), the institutional framework of a nation ultimately determines the transaction costs, and therefore the degree to which an economy reaches its production and income potential. Tackling the unemployment requires dynamic economic growth, adequate social policy, and fair distribution of income and resources. Macedonia, during the transition period has great problems with corruption. Since corruption is a rent seeking activity, which is a result from poorly defined property rights and non-efficient legal system, Macedonia needs a better enforcement ability of the laws. Investment protection and liberalisation are key to successful government strategies to attract FDI. The private sector also has an important role to play to ensure good governance. In fact, the roles of the public and private sector were complementary and reinforcing. In the private sector, the accountability of managers, leadership, business ethics and long-term profitability can all mutually aid efforts by the public sector. Public sector efforts can focus on the legal and institutional framework for business and investors. An efficient and reliable judiciary, and the integrity of public administration, are two examples of how the public sector efforts can pave the way for efficient private sector activity. All these instruments are part of a broad and comprehensive approach involving all actors in the investment process. Implementation, monitoring, and peer pressure are key tools for the effective implementation of these instruments, which can also aid in managing successful governance strategies in both the public and private sectors, in oreder to increase the investment opportunities in Macedonia. As a result of a growing interest in Macedonia‘s investment potential, a number of international companies have started operations in the country, both as agricultural projects and through different types of asset acquisition and privatization. Foreign Direct Investments Year (in USD million) 2008 598.5 2007 699.1 2006 424.2 2005 97.0 2004 323.0 2003 117.8 2002 105.6 Table1: Foreign Direct Investments (FDI) Flow in Macedonia Source: National Bank of the Republic of Macedonia 46 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo Table 1 shows the total FDI flows in Macedonia between 2002 and 2008. FDI flows have been affected by the global economic environment and financial crises that begins in 2008. In addition to that government dept crisis on Greece 2010 will reflect on this economies with the reason of cooperation‘s and mergers between companies. Table 2 shows that the stocks of FDI in Macedonia by the country investors indicate that Netherlands, Hungary and Greece are the main portion on privatization and investment flows. Country Netherlands Hungary Greece Austria Switzerland Slovenia UK Germany Luxembourg Serbia Other % of total FDI stock on Macedonia 16.9 16.6 15.2 9.4 6.6 6.5 4.0 3.4 2.8 2.6 16.0 Table2: Stock of FDI in Macedonia by country of investors, 1997-2007 Source: National Bank of the Republic of Macedonia Table 3 indicates that manufacturing, transport and communications sectors had the main portion among the others. These two sectors cover 57 % of the total FDI in Macedonia. Activity % of total FDI stock Manufacturing 35.6 Transport and Communications 21.3 Financial Intermediation 12.6 Trade and Repair 10.4 Electricity, Gas and Water 6.4 Real Estate and Business Activities 4.2 Construction 3.4 Hotels and Restaurants 2.1 Mining and Quarrying 2.0 Other 0.9 Table 3: Stock of FDI in Macedonia by activity, 1997-2007 Source: National Bank of the Republic of Macedonia If we analyze the recent years the impact of the crisis on the financial sector has been relatively modest to date, mainly because banks rely primarily on domestic deposits to fund lending and deposit withdrawals have been limited. Strengthened banking supervision and adequate regulation have helped to maintain the stability of the sector. Overall, banks remain well capitalized, including through continued support by overseas parent banks, and the capital adequacy ratio remained stable at 16.5 per cent after the first quarter of 2009. The public credit bureau increased its coverage and at the end of 2008 the first privately owned credit bureau was established. The global financial crisis started affecting the economy in the fourth quarter of 2008, led by a decline in the output of the metal and textile sectors. The situation deteriorated in the first half of 2009 as industrial production contracted by 11 per cent compared with a year earlier, while foreign trade dropped sharply and foreign direct investment (FDI) roughly halved. The growth of GDP was -1.4 per cent in the second quarter of 2009, and unemployment remains high at about one-third of the workforce. At the same time, external imbalances increased, forcing the central bank to increase the reference interest rate from 7 to 9 per cent in March 2009 and repeatedly intervene on the foreign exchange market. In response to the crisis, in November 2008 the authorities adopted an economic stimulus plan, which includes a number of fiscal measures such as rebates and write-offs of unpaid social security contributions, a further lowering of taxes on profits and agricultural incomes and a reduction of some import tariffs. As a result, fiscal policy has become more expansionary and after being in surplus during most of 2008. In March 2009 the government 47 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo presented a €8 billion investment program for the next seven years, focusing on large infrastructure projects in energy, transport, environment protection, education and culture. The economy is likely to fall into recession this year as a result of a sharp drop in industrial output and exports. A more expansionary policy stance, reflecting the government's anti-crisis measures and the need to modernize the country's infrastructure, will result in a shift from modest fiscal deficits or surpluses of earlier years to higher deficits in the near future. The combination of lower exports, falling capital inflows (including FDI) and an expansionary fiscal policy have increased external risks, especially given the drop in reserves and relatively modest reserve coverage. These pressures, with weaker remittances, could necessitate a sharp contraction in imports, triggering a deeper and more prolonged recession. Privatisation revenues (cumulative, in per cent of GDP) Private sector share in GDP (in per cent) GDP Investment/GDP (in per cent) Government balance FDI (USD m) Annual inflation (%) Unemployment (end year) 2004 2005 2006 2007 2008 13.8 14.3 20.0 20.2 20.6 2009 na 65.0 65.0 70.0 70.0 4.1 4.1 4.0 5.9 4.9 21.4 20.7 21.9 24.2 na 0.4 0.3 -0.5 0.6 -1.0 323.0 97.0 424.2 699.1 598.5 -0.4 0.5 3.2 2.3 8.3 37.2 37.3 36.0 34.9 33.8 -1.6 na 2.8 na 65.0 65.0 na Table 5: Economic indicators between years 2004-2009 Source:EBRD On the other hand the recent rise in reserve coverage, as well as the government's commitment to fiscal discipline should help to mitigate these risks. Continued progress in the EU accession process is an important condition for the realization of Macedonia's medium-term growth potential. Conclusion In order to create new investment opportunities, Macedonian government have realized substantial institutional reforms and enhanced its legal capacity with the newly adopted regulations. With the implementation of new regulations to attract more FDI, Macedonia managed to get relatively a higher portion of foreign investment in comparison with the past. The last financial crisis adversely affected the investment environment in Macedonia like the other South Eastern European states. The only way to solve the chronic problem of unemployment is to continue to implement the reforms decisively. In this sense, the implementation of legal provisions by the competent administrative bodies of this country has the crucial importance. The financial and economic integrations of the county with the global markets would also contribute to meet the conditions of the EU accession goal. References Hunter Richard J., Shapiro Robert E., (2008) ―A Primer on Important Legal Aspects of the International Business Environment‖, Journal of Money, Investment and Banking, EuroJournals Publishing, Inc. http://www.eurojournals.com/finance.htm IMF, (2003), ―Former Yugoslav Republic of Macedonia: Financial System Stability Assessment, including Reports on the Observance of Standards and Codes on the following topics: Banking Supervision, Payment Systems, Monetary and Financial Policy, Transparency, and Anti-Money Laundering and Combating of Financing of Terrorism‖, IMF Staff Country Report, 03/374, Washington, DC, 2003. Macedonia National Action Plan for employment 2004-2005, (2003), Skopje. Miljovski Jane and Uzunov Vanco, ―International and Regional Economic Integration in South East Europe, The Case of Macedonia‖.http://www.wiiw.ac.at/balkan/files/Miljovski+Uzunov.pdf (03.05.2010) 48 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo Nolan Alistair, (2009), ―Evaluation of business climate policies in South East Europe Selected results of Investment Reform Index 2009 and SME Policy Index 2009‖. OECD South Eastern European Corporate Governance Round Table, Ohrid, May (2004), ―Corporate Governance in Macedonia‖, Skopje, Macedonia. Petkovski Mihail, Bishev Gligor, (2004), ―Understanding Reforms in Macedonia‖, Skopje. Public Investment Program of Macedonia 2009-2011, (2009), Skopje, Macedonia. Stojkov Aleksandar, Nikolov Marjan, Smilevski Borce, (2008) ―Flat Tax Policy Assessment in Macedonia‖, Center for Economic Analyses (CEA), Scopje. Ylber, Sela (2008), ―The dinamics of reforms developement in Macedonia and its approach towards European Union‖, First International Conference on Balkans Studies‖, Editors: Ömer Eroğlu, Güngör Turan, Cemal Baltacı, Nedret Demirci, Muharrem Gürkaynak, Ferdinand Gjana, Tirana, 07-08 November 2008. Yeager, Timothy J, (1999) ―Institutions, Transitions, Economies and Economic Development‖ Boulder, CO: Westview Pres. Zakharov Vladimir, Kusicc Sinisa, (2003), ―The Role of FDI in the EU Accession Process: The Case of the Western Balkans‖, Madrid. http://www.investinmacedonia.com/Default.aspx?item=menu&itemid=719&themeid=327 49 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 158 Title A name given to the resource Legal and Financial Regulations to Create New Investment Opportunities in Macedonia Author Author AĞCA, Fehmi DEMİREL, Engin Abstract A summary of the resource. As a small, open economy, Macedonia continues to take active steps to attract foreign direct investment (FDI). The country has enacted legislation that not only ensures an equal footing for foreign investor‘s vis-à-vis their domestic counterparts, but also provides numerous incentives to attract such investment. The legal system in Macedonia is undergoing substantial reforms. However, it is still slow, inefficient, lacking the adequate resources, and sometimes subject to political pressures and corruption. Enforcement of the law and upholding of contracts is inconsistent and not always impartial. This paper examines the legal changes in Macedonia and its effect on FDI from the historical perspectives and forecast on strategic management changes simplifying the administrative decisions on investment. New legal and administrative regulations on investment incentives for FDI and business regulations will provide a new momentum for the economic development of this EU candidate state. Date A point or period of time associated with an event in the lifecycle of the resource 2010-06 Keywords Keywords. Conference or Workshop Item PeerReviewed HB Economic Theory https://omeka.ibu.edu.ba/files/original/6899d9513932b064689a653eb906234e.pdf f9ccd59c234be55cc1e2203bc8ce43f1 PDF Text Text 1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo LEGAL ASPECTS OF ESL/BILINGUAL EDUCATION PROGRAM IN US PUBLIC SCHOOL SYSTEM APPLICABLE TO OTHER EDUCATIONAL SYSTEMS Dr. Volkan Cicek Faculty of Education Ishik University, Iraq volkancicek@gmail.com Abstract:Legal aspects of ESL/Bilingual Education Program currently implemented in K thru 12 US Public School System that may be applicable to educational systems of other regions and countries are discussed within the context of basis on federal and state laws, Bilingual Education vs ESL (English as a Second Language) Education, hiring certified personnel, training of employed personnel, identification of ESL/Bilingual Education students, ESL/Bilingual Education nomination process, testing for ESL/Bilingual Education, testing criteria to be selected LEP (Limited English Proficient), LPAC (Language Proficiency Assessment Committee), LEP notification of LPAC decisions, accommodations, Documentation and Confidentiality, Standardized Testing of LEP students based on federal AYP (Adequate Yearly Progress) Requirements, LEP exemptions, LAT (Linguistically accommodated testing) test that LEP exempt students take replacing regular standardized tests, Exit Level LEP Postponement, TELPAS (English Language Proficiency Assessment System) tests that all LEP students take based on federal NCLB (No Child Left Behind) Act and Annual Measurable Achievement Objectives (AMAOs), TELPAS Raters, TELPAS Verifiers, Summer Programs for LEP students, LPAC Annual Review/ LEP Status Exit Criteria. Key Words: English as a Second Language, Bilingual Education, Limited English Proficient, Language Proficiency Assessment, linguistics accommodations, standardized testing Legal Basis Federal Assessment Requirements for English Language Learners Titles I and III of NCLB (No Child Left Behind) Act hold schools, school districts, and states accountable for the achievement of English language learners through NCLB Adequate Yearly Progress (AYP) measures in reading and mathematics and Annual Measurable Achievement Objectives (AMAOs) related to English language proficiency. These accountability measures are intended to ensure that English language learners receive the instruction they need to become academically proficient in English and meet the same challenging academic achievement standards as other students are expected to meet. NCLB requires that English language learners participate annually in state academic skill assessments as well as in English language proficiency assessments that align with and support attainment of the state‘s academic achievement standards. In the example of Texas state, the percentage of LEP students has increased steadily over the past decade. According to the Public Education Information Management System (PEIMS), there were 775,645 limited English proficient students enrolled in Texas public schools in the 2007–2008 school year. State Requirements for English Language Learners In US State Law, Education Code, and Chapter 29 and in Subchapter B, it is stated that every student who has a home language other than English and who is identified as limited English proficient shall be provided a full opportunity to participate in a bilingual education or English as a second language program. Based on this requirement, to ensure equal educational opportunity, as required in the same Education Code §1.002 (a), each school district shall: (1) Identify limited English proficient students based on criteria established by the state; (2) Provide bilingual education and English as a second language programs, as integral parts of the regular program as described in the Education Code, §4.002; (3) Seek certified teaching personnel to ensure that limited English proficient students are afforded full opportunity to master the essential skills and knowledge required by the state; and 1255 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo (4) Assess achievement for essential skills and knowledge in accordance with the Education Code, Chapter 39, to ensure accountability for limited English proficient students and the schools that serve them. Is Education in English a Must? No, section 89.1220 states that ―Students participating in the bilingual education program may demonstrate their mastery of the essential knowledge and skills in either their home language or in English for each content area‖ with the following condition of stated in subsection b of the same chapter that is, ―bilingual education program shall be a full-time program of instruction in which both the students‘ home language and English shall be used for instruction. The amount of instruction in each language within the bilingual education program shall be commensurate with the students‘ level of proficiency in each language and their level of academic achievement‖. Objectives Bilingual education and English as a second language programs shall be integral parts of the total school program. Such programs shall use instructional approaches designed to meet the special needs of limited English proficient students. The basic curriculum content of the programs shall be based on the essential skills and knowledge. Bilingual education and ESL programs shall be located in the regular public schools of the district rather than in separate facilities. In order to provide the required bilingual education or ESL programs, districts may concentrate the programs at a limited number of schools within the district provided that the enrollment in those schools shall not exceed 60% LEP students. If these services are not provided, the parent of a student may appeal to the commissioner of education if the district fails to comply with the law or the rules. Teachers assigned to the bilingual education program and/or ESL program may receive salary supplements as authorized by the Education Code, §42.153. Bilingual Education vs English as a Second Language Education Each school district which has an enrollment of 20 or more limited English proficient students in any language classification in the same grade level district-wide shall offer a bilingual education program as described in subsection (b) of section 89.1205 ―Required Bilingual Education and English as a Second Language Programs‖ for the limited English proficient students in pre kindergarten through the elementary grades who speak that language. "Elementary grades" shall include at least prekindergarten through Grade 5; sixth grade shall be included when clustered with elementary grades. All limited English proficient students for whom a district is not required to offer a bilingual education program shall be provided an English as a second language program as described in subsection (e) of section 89.1210 of title relating to Program Content and Design, regardless of the students' grade levels and home language, and regardless of the number of such students. Hiring Certified Personnel/Training of Employed Personnel Ensuring the provision of appropriate services within the first four weeks of school/student enrollment is required by law, thus hiring an ESL (English as a Second Language) certified teacher unless there is no ESL students to be serviced at school are required. ESL certification is given by department of education of each state upon required examinations, and degrees in addition to the requirements to be a regular licensed teacher. Besides hiring an ESL certified teacher that does teach classes in special class settings, training the school teachers and administrators before/during the first week of the school, which school principal must keep a copy of attendance list and training materials, is required by law. This is due to implementing the necessary modifications required for ESL students in regular class settings. Physical Needs Purchasing of necessary materials such as file cabinets, ESL Tests, etc. as well arranging the location and schedule for the ―ESL Room‖ must be done ahead of time. Identification Process Nomination Identification of eligible LEP (Limited English Proficient) students is done through forming a suspect list via results of Home Language Surveys, teacher recommendations, and previously taken standardized tests and their scores. Regulations state that ―If the response on the home language survey 1256 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo indicates that a language other than English is used, the student shall be tested in accordance with §89.1225 of title relating to Testing and Classification of Students‖. If one of the languages for a student is different from English, that student is placed into the suspect list. Suspect list splits into two parts: For grades 4 and above: Student‘s state standardized test history, e.g. TAKS is checked at website of the testing company. If student has passed TAKS Reading and Writing, not counting the Spanish TAKS, in his/her testing history, the student is removed from suspect list. Remaining students should be tested for LEP. For grades Pre Kindergarten thru 3: Student‘s classroom teacher is asked whether student needs to be tested for LEP. Testing For identifying LEP students, districts shall administer to each student who has a language other than English as identified on the home language survey; (1) In prekindergarten through Grade 1, only an approved OLPT (oral language proficiency test) is implemented due to early literacy (insufficient language reading/writing capabilities for a Normreferenced Achievement Test), e.g. test LAS Links Language Assessment (OLPT test) (2) In Grades 2-12, an approved OLPT (oral language proficiency test) and the English reading and English language arts sections from an approved norm-referenced measure, or another approved test, unless the norm-referenced measure is not valid in accordance with subsection (f)(2)(C). Example tests are; For 2nd Grades; LAS Links (OLPT test) and Terra Nova Survey (Norm‐referenced Achievement Test), 2nd edition (Reading and Language Arts parts only) For 3rd thru 12th Grades; LAS Links (OLPT test) and Terra Nova Survey (Norm‐referenced Achievement Test), 3rd edition (Reading and Language Arts parts only) Districts which provide a bilingual education program shall administer an oral language proficiency test in the home language of the students who are eligible for being served in the bilingual education program. If the home language of the students is Spanish, the district shall administer the Spanish version of the approved oral language proficiency test which was administered in English. If the home language of the students is other than Spanish, the district shall determine the students' level of proficiency using informal oral language assessment measures. All the oral language proficiency testing shall be administered by professionals or paraprofessionals who are proficient in the language of the test and trained in language proficiency testing. Students with a language other than English shall be administered the required oral language proficiency test within four weeks of their enrollment. Norm-referenced assessment instruments, however, may be administered within the established norming period. Testing Criteria to be LEP For entry into a bilingual education or ESL program, a student shall be identified as LEP using the following criteria; (1) At prekindergarten through Grade 1, the score on the English oral language proficiency test is below the level designated for indicating limited English proficiency (2) At Grades 2-12: (A) the student's score on the English oral language proficiency test is below the level designated for indicating limited English proficiency, (B) the student's score on the reading and language arts sections of the approved norm-referenced measure at his or her grade level is below the 40th percentile; or (C) the student's ability in English is so limited that the administration, at his or her grade level, of the reading and language arts sections of an approved norm-referenced assessment instrument or other approved test is not valid. Districts may enroll students who are not limited English proficient in the bilingual education program in accordance with the Education Code, §29.058, however no allotments are given. LPAC (Language Proficiency Assessment Committee) Chapter §89.1220 states that ―Districts shall by local board policy establish and operate a language proficiency assessment committee‖. The LPAC includes, but is not limited to, the following individuals for a campus implementing a bilingual education program:  a campus administrator  a professional bilingual educator 1257 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo  a professional transitional language educator (a bilingual teacher or ESL teacher). A parent of a limited English proficient student (not employed by the school district or charter school) This membership is voluntary based and must be advertised by the school administration to all eligible parents. The LPAC includes, but is not limited to, the following individuals for a campus implementing an ESL program:  one or more professional personnel (it is recommended that this include a campus administrator and a certified ESL teacher)  a parent of a limited English proficient student (not employed by the school district or charter school)  Teachers that are regularly managing ESL modifications and accommodations may be in LPAC although not required. The number of LPACs a school district or charter school operates will depend on the number needed to perform their duties within four weeks of the enrollment of limited English proficient students. LEP Notification LPAC shall give written notice to the student's parent advising that the student has been classified as limited English proficient and requesting approval to place the student in the required bilingual education or English as a second language program. The notice shall include information about the benefits of the bilingual education or English as a second language program for which the student has been recommended and that it is an integral part of the school program. Pending parent approval of a LEP student's entry into the bilingual education or ESL program recommended by LPAC, the district shall place the student in the recommended program, but may count only LEP students with parental approval for bilingual education allotment relating to extra funding received from state and federal funds for students in ESL and bilingual programs. For the specific case of students that qualify for services in the special education program, a professional member of the LPAC shall serve on the admission, review, and dismissal (ARD) committee. Documentation The student‘s permanent record shall contain documentation of all actions impacting the LEP student. This documentation shall include; (1) the identification of the student as LEP; (2) the designation of the student's level of language proficiency; (3) the recommendation of program placement; (4) parental approval of entry or placement into the program; (5) the dates of entry into, and placement within, the program; (6) the dates of exemptions from the criterion-referenced test, criteria used for this determination, and additional instructional interventions provided to students to ensure adequate yearly progress; (7) the date of exit from the program and parent notification; and (8) the results of monitoring for academic success, including students formerly classified as LEP, as required under the Education Code, §29.063(c)(4). Instructional Implementations Accommodations Accommodations are practices and procedures that provide equitable access to grade-level curriculum during instruction and assessment for all students. This includes general education students with special needs, eligible ELLs who need linguistic accommodations, as well as students with disabilities who receive special education services. Accommodations do not reduce learning expectations. Therefore, their use should not replace the teaching of subject-specific knowledge and skills as outlined in the state curriculum for each grade. Certain accommodations may be needed more often at some grades than others depending on academic content and rigor. Although some accommodations may be appropriate for instructional use, they may not be appropriate or allowed on a standardized assessment. 1258 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo The decision to use an accommodation should be made on an individual basis and take into consideration both the needs of the student and whether the student routinely receives the accommodation in classroom instruction and testing. It is neither appropriate nor effective to provide ―one size fits all‖ accommodations to students. For example, one student with a visual impairment might use large-print textbooks and worksheets while another would benefit from a magnification device. In most cases, accommodations are unique to a student and should not be provided to an entire group of students, such as those in the same class or disability category. It should be kept in mind that students unaccustomed to using specific accommodations may be hindered rather than helped by the use of accommodations not routinely used in classroom instruction. Sides that needs accommodation information are;  Regional Level Education service center staff  District Level Superintendents  Testing coordinators  Curriculum directors  Special education administrators  Bilingual/English as a second language (ESL)  coordinators  Campus Level Principals and other administrators  Testing coordinators  Test administrators  Educational diagnosticians  Licensed specialists in School Psychology  Counselors  Teachers  Special education staff  Bilingual/ESL staff  Parents Participation of LEP Students to Standardized Tests Immigrants who enter the U.S. with little or no knowledge of English may not be able to learn English well enough in one or two years to demonstrate their academic skills meaningfully on standardized tests written in English. Immigrant Spanish speakers in bilingual programs may not be able to meet the curriculum requirements in Spanish in their first year in the U.S. if they have had insufficient schooling outside the U.S. Both administering standardized assessments to second language learners too soon and delaying the assessments too long can have undesirable consequences. Measuring LEP students‘ academic skills in English before they have had time to learn English confounds assessment results. Students appear to be behind academically when, in fact, lack of English comprehension prevents a reliable measure of either academic strengths or weaknesses. In addition, requiring immigrants with limited prior schooling to participate to these assessments too soon may cause instruction in U.S. schools to appear lacking when, in fact, there has not been time to teach students the required skills. On the other hand, delaying the testing of struggling second language learners until they no longer struggle distorts information about how well schools are meeting these students‘ educational needs. ELLs must learn not only academic content but also a second language. Their learning load increases substantially when academic instruction is not delivered in a comprehensible manner or when they come to the U.S. with limited prior schooling. When their special needs are not identified and addressed promptly, they may struggle academically long after they have learned the English language. AYP (Adequate Yearly Progress) Requirements To meet the AYP requirements of Federal NCLB (No Child Left Behind) Act in reading and mathematics, LEP students in grades 3–8 and 10 must be included in state reading and mathematics assessments. NCLB authorizes states to use native language assessments or other linguistically accommodated assessments aligned to state academic standards. Upon their initial enrollment and at the end of each school year, LPAC shall review all pertinent information on all limited English proficient students. Before the administration of the state criterion-referenced test each year, the LPAC shall determine the appropriate assessment option for each limited English proficient student as outlined in Chapter 101, Subchapter AA of title relating to Commissioner's Rules Concerning the Participation of LEP students in State assessments. The assessment options shall be; (1) Administration of the English version criterion-referenced test; 1259 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo (2) Administration of the Spanish version criterion-referenced test; or (3) For certain immigrant students, exemption from the criterion-referenced test. In determining the appropriate assessment option, LPAC consider the following criteria for each student; (1) Academic program participation (bilingual education or ESL) and language of instruction; (2) Language proficiency, including literacy, in English and/or Spanish; (3) Number of years enrolled in U.S. schools; (4) Previous testing history(e.g. whether the student has already taken the Spanish-version state assessment for three years or whether the student‘s years of LEP exemptions combined with administrations of the Spanish-version state assessment already total three years) (5) Level achieved on the state English language proficiency assessment in reading; (6) Consecutive years of residence outside of the 50 U.S. states; and (7) Schooling outside the U.S. Standardized tests in Spanish are generally the appropriate assessment for nonexempt LEP students in bilingual programs who are receiving most of their instruction in Spanish. Standardized tests in English are generally the appropriate assessment for nonexempt LEP students in bilingual programs who are receiving most of their instruction in English. Students must take standardized tests in English after they have taken the Spanish-version state assessment for three years or after their years of LEP exemptions combined with Spanish-version administrations total three. Case 1: A student who took the Spanish-version reading test in grades 3, 4, and 5 is not eligible to take the Spanish-version reading test in grade 6 (or again in grade 5 if the student is retained). Similarly, an immigrant student who was exempt in grade 3 but took the Spanish version reading test in grades 4 and 5 is not permitted to take the Spanish-version reading test in grade 6 (or again in grade 5 if the student is retained). These students must take standardized tests in English. Case 2: When a student is absent from a subject-area test, the student is not eligible for an additional year of exemption or an additional year to take Spanish standardized tests. Students in English as a Second Language (ESL) Programs Standardized tests in English are generally the appropriate assessment for nonexempt LEP students in ESL programs because academic instruction in these programs is usually delivered in English. An LPAC may determine, however, that standardized tests in Spanish is appropriate for a student in an ESL program if the assessment in Spanish will provide a valid measure of the student‘s academic progress. For example, an LPAC may determine standardized tests in Spanish to be appropriate for a student who has enrolled in U.S. schools shortly before the standardized tests administration and who has received sufficient schooling in Spanish outside the U.S. When determining whether Spanish standardized tests is appropriate for students in ESL programs, the LPAC should carefully consider the student‘s language of instruction. A student who has not had recent, ongoing academic instruction in Spanish may not be able to demonstrate in Spanish what he or she has been taught in English. To demonstrate certain knowledge and skills in Spanish, the student will need to have learned academic terminology in Spanish and acquired grade-level Spanish literacy. Non-LEP Students in Two-Way Immersion Dual Language Programs School districts may administer Spanish standardized tests to a student who is not identified as limited English proficient but who participates in a two-way immersion dual language program. In these cases, the LPAC will determine whether standardized tests in Spanish or English will provide the more appropriate measure of the student‘s academic progress. The student may not, however, be administered the Spanish-version assessment for longer than three years. Non-LEP students in two-way immersion dual language programs are not eligible for LEP exemptions. LEP Exemptions LEP students may be exempt from the regular academic assessments of their grade level provided the required conditions based on Senate Bill 676 and the Administrative Code, Chapter 101, Subchapter AA. A small percentage of eligible recent immigrant ELLs (LEP-exempt) take the state academic skill assessments using a linguistically accommodated testing (LAT) process. Instead, they have specific assessments for grade promotions; such as LAT (Linguistically Accommodated Testing) and TELPAS (English Language Proficiency Assessment System). LEP students in grades 3–10 must meet all of the following general exemption criteria before an LPAC may consider the need for a LEP exemption from standardized tests. A LEP student who does 1260 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo not participate in a bilingual or ESL program because of a parental denial is not eligible for a LEP exemption from state assessments. Recent immigrant ELLs within their first three school years in U.S. schools who are LEPexempt under state law and enrolled in AYP grades (grades 3–8 and 10) are included in AYP mathematics accountability measures through LAT administrations. While all ELLs participating in LAT administrations are required to take mathematics tests for AYP participation purposes, their results begin to count in AYP performance measures as of their second school year in U.S. schools. Regardless of their category, immigrant LEP students enrolled in U.S. schools for all of first, second, and third grade are not eligible for a LEP exemption. Students who have been in U.S. schools for all of grades 1, 2, and 3 do not meet the specific exemption criterion related to having had insufficient schooling outside the U.S. A partial year of school enrollment in the U.S. counts as one school year for purposes of both state assessment exemption eligibility and TELPAS data collection. Students in their fourth or subsequent school year of enrollment in a U.S. school are not eligible for a LEP exemption even if they have been enrolled for partial school years. Note, however, that schools should not include enrollment in prekindergarten or kindergarten in these counts. School records or signed verification from the child‘s parent or guardian must be used to indicate the number of school years of enrollment in the U.S. If a student meets all five general exemption criteria, the LPAC will examine additional criteria termed specific exemption criteria to determine whether the student qualifies for an exemption. The specific exemption criteria differ according to whether students are in  the first school year of enrollment in the U.S., or  the second or third school year of enrollment in the U.S. Specific Exemption Criteria—First School Year in U.S. Schooling outside U.S. The student‘s schooling outside the U.S. did not provide the foundation of learning that US requires and measures by standardized tests, whether the foundation is in knowledge of the English language or specific academic skills and concepts in the subjects assessed (Evidence of Inadequate Foundation of Learning Upon Initial Enrollment in U.S. Schools and Instructional Interventions for Students Who Entered U.S. Schools with an Inadequate Foundation of Learning Forms apply). Effect of Current Year‘s Progress The student‘s progress by the spring of the school year has not been sufficient to make up for the differences in his or her schooling outside the U.S. (Documentation of Insufficient Progress by Spring of Year forms depending on the category apply). Specific Exemption Criteria—Second and Third School Years in U.S. Academic Language Proficiency By the spring of the second or third school year in the U.S., the student continues to lack the academic language proficiency in English necessary for standardized tests in English to provide a valid and reliable measure of the student‘s academic progress. The specific exemption criteria differ according to whether students are in the following categories of 1 or 2. Fewer exemptions are necessary for students in category 1 because of the availability of standardized tests in Spanish. Category 1: Immigrant LEP students in Spanish bilingual education programs in grades 3–6 Category 2: Other immigrant LEP students in grades 3–10, including students in ESL programs and students in non-Spanish bilingual education programs Grades lower than 3rd grades do not take standardized tests, also grades above 10th grade, e.g. 11 grade standardized tests are high school exit level tests and no exemptions may be granted. Grade 11 recent immigrant LEP students served through special education for whom TAKS–M is appropriate may be eligible for a LEP exemption even though they are beyond grade 10 if they meet the exemption criteria. LEP exemptions are not normally permitted for students beyond grade 10 because they are subject to exit level testing requirements; however, grade 11 students taking TAKS–M are not subject to exit level testing requirements. The specific exemption criteria require the LPAC to examine an immigrant student‘s schooling outside the U.S. in order to determine whether it is reasonable by the spring test administration to expect the student to meet the curriculum requirements as measured by standardized tests. Even if a student is identified as LEP but is not an immigrant according to the definition used for assessment purposes, he/she cannot be eligible for a LEP exemption. th 1261 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo Unlike the PEIMS definition, which uses country of birth and number of years in the U.S., the definition for assessment purposes specifies that a LEP student is considered an immigrant when he or she has resided outside of the 50 U.S. states for at least two consecutive years. Testing decisions may vary by subject area as long as the student meets the eligibility criteria. For example, an LPAC may determine that it is appropriate for a LEP student in grade 5 to take the TAKS mathematics test in English and the TAKS reading test in Spanish. Specific Cases of Immigrant LEP students who have moved in and out of the U.S. more than once These students are eligible for exemption only during their first three school years in the U.S. When the total number of school years in which the student has been enrolled in U.S. schools exceeds three, the student is no longer eligible for a LEP exemption. Example-1: A LEP student lived in Mexico for grades 1–3 and then was enrolled in U.S. schools for grades 4 and 5. The student returned to Mexico for two years and re-enrolled in U.S. schools as an eighth grader. Because grade 8 marks the third school year of enrollment in the U.S., this student could still be eligible for a LEP exemption if he meets the other eligibility criteria in this manual. Example-2 If an immigrant LEP student was exempt from TAKS in Spanish in grade 3, but took TAKS in Spanish in grades 4 and 5, he/she cannot take TAKS in Spanish in grade 6, because students must test in English once they have tested in Spanish for three years or, in the case of immigrants, once any LEP exemptions plus Spanish administrations exceed three. Example-3: If an immigrant LEP student is absent from a subject-area test, he/she is not eligible for an additional year of exemption or an additional year to take TAKS in Spanish also because being absent on test day has no effect on the maximum years allowed for exemptions or Spanish version tests. Example-4: An immigrant student moved to the U.S. when she was five and has been enrolled in U.S. schools continuously since grade 1. This student is not eligible for a LEP exemption in third grade because students who come from other countries but have been enrolled in U.S. schools continuously since the beginning of first grade are not eligible for a LEP exemption. Such students would not meet the exemption criteria related to having had insufficient schooling outside the U.S. In addition to academic content assessments, US federal legislation requires ELL (English Language Learner)s to take annual English language proficiency assessments in the areas of listening, speaking, reading, and writing. TELPAS for ELLs in kindergarten through grade 12 has been developed to fulfill this federal requirement. It is important to note that neither LEP exemptions nor linguistic accommodations are permitted for these assessments, as they are designed specifically to measure the English language proficiency level of the students. LEP-exempt immigrants in their first school year in the U.S. are counted as participants in AYP through participation in TELPAS reading tests. The test results for these students are excluded from AYP performance calculations, as allowed by federal regulations. LEP-exempt recent immigrant ELLs in their second or third school year in the U.S. participate in LAT administrations of reading and ELA in AYP grades. LAT reading and LAT ELA assessments are used in both AYP participation and performance measures. To meet federal regulations, states are also required to administer science assessments in at least one elementary, middle school, and high school grade. Accordingly, LAT science assessments are available for LEP-exempt recent immigrant students in grades 5, 8, and 10. While states are required to administer science tests, federal regulations do not require their use in AYP. LAT science assessments are, therefore, not used in AYP measures and also excluded from the state accountability rating system. LEP-exempt students who take LAT administrations are eligible to receive certain types of linguistic accommodations that align with accommodations used during instruction. LAT administrations provide for a more valid and reliable assessment of what these students know and can do in federally required academic content assessments. LAT (Linguistically accommodated testing) LAT is an assessment process for eligible immigrant English language learners (ELLs) who are granted a limited English proficiency (LEP) exemption under state law but are required to be assessed in certain grades and subjects under federal law. LAT administrations are available in mathematics and science for recent immigrant ELLs who are LEP-exempt under state policy and within their first three school years in U.S. schools. LAT administrations are available in reading for recent immigrant ELLs who are LEP-exempt under state policy and in their second or third school year in U.S. schools. LEP-exempt recent immigrant ELLs in their first school year in the U.S. take just the TELPAS reading test for federal AYP accountability. 1262 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo LAT administrations are available for  Grades 3–8 reading and grade 10 ELA  Grades 3–8 and 10 mathematics  Grades 5, 8, and 10 science Decisions about LEP exemptions and LAT participation should not be made until shortly before spring testing because students are expected to make progress in English language proficiency throughout the school year. For instruction and testing, more than one type of linguistic accommodation is often necessary. For example, an ELL who uses a bilingual dictionary or receives translation assistance may also need linguistic simplification or clarification in instruction and testing. As another example, an ELL would rarely benefit only from hearing text read aloud during classroom instruction and testing. Decisions regarding LAT accommodations must be documented by the LPAC in the student‘s permanent record file. In the case of a LEP student served by special education, testing and accommodation decisions must be made by the student‘s ARD committee in conjunction with the LPAC. LAT decisions for LEP students receiving special education services must be documented by the LPAC in the student‘s permanent record file and by the ARD committee in the student‘s IEP. ARD committees and LPACs should keep in mind that students who participate in LAT administrations may be eligible for accommodations related to a disability or other special need in addition to linguistic accommodations. The accommodations provided in LAT mathematics and science administrations are designed to help students understand the language used on the tests. However, linguistic accommodations must not assist students with the subject-area terminology, concepts, or skills assessed. The linguistic accommodations used during LAT administrations must not include explanations, definitions, pictures, gestures, or examples related to mathematical or scientific terminology, concepts, or skills assessed because such accommodations would invalidate the test results. The test administrator must not provide any direct or indirect assistance or reinforcement that identifies or aids in the identification of the correct response to a test item. After a LAT administration, no discussion or scoring of test items is allowed at any time. LAT mathematics and science administrations are given in one day. LAT reading/ELA administrations for TAKS, including TAKS (Accommodated), are given in two days, with a fixed stopping point at the end of Day 1. Students taking LAT administrations must not be tested in a room with students taking regular TAKS tests. Students taking LAT administrations should be provided individual or small-group administrations. When small-group administrations are used, students should be seated far enough apart that they are not disturbed by interactions between the test administrator and other students. It may be possible to group students taking LAT administrations from more than one grade in the same testing room. Testing personnel should review the needs of the students, their accommodations, their grade levels, and the test administration directions in the LAT test administrator manual when planning how to group students. Exit Level LEP Postponement LEP students are not eligible for an exemption from exit level testing on the basis of limited English proficiency. Like other public school students, they are required to perform satisfactorily on the exit level tests in order to fulfill the assessment portion of their graduation requirements. Although exemptions are not permitted, the LPAC may postpone the initial exit level administration of a LEP student if the student first enrolled in U.S. schools no more than 12 months prior to the administration of the exit level test for which the postponement is sought. This deferral is called the exit level LEP postponement. Content area teachers as well as ESL teachers should provide specialized instruction to the newly arrived immigrants in their classes. In order to help these students succeed in academic courses, teachers should receive training in methods that accelerate the English acquisition and academic achievement of immigrants who enter the U.S. in high school. English Language Proficiency Assessment System (TELPAS) Under the federal No Child Left Behind Act of 2001 (NCLB), English language proficiency assessments must assess students annually in kindergarten through grade 12 in four language domains: listening, speaking, reading, and writing until they meet state exit requirements and are reclassified as non-LEP. AMAO (Annual Measurable Achievement Objectives) 1263 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo AMAOs were implemented as NCLB accountability measures in states to evaluate services provided to limited English proficient students for federal accountability purposes.  AMAO 1 relates to the percentage of ELLs who make progress in learning English.  AMAO 2 relates to the percentage of ELLs who attain English language proficiency.  AMAO 3 relates to the percentage of ELLs who are successful on the state‘s reading and mathematics assessments.  AMAO 1—Progress in Learning English measures whether districts meet AMAO targets related to the percentage of LEP students who make at least one proficiency level of progress a year based on their TELPAS composite proficiency rating. AMAO 2—Attainment of English Language Proficiency measures whether districts meet AMAO targets related to the percentage of LEP students who attain an advanced high TELPAS composite proficiency rating. AMAO 3—Meeting AYP in Reading and Mathematics measures whether districts meet AYP targets related to the percentage of LEP students who are successful on the state‘s reading and mathematics tests. AMAO 3 is met when a district meets AYP for its LEP student group. The TELPAS reading tests, in the example state of Texas, are administered annually to fulfill aforementioned federal requirements to LEP students in grades 2–12, including LEP students who do not participate in a bilingual or ESL program because of a parental denial. LEP exemptions are not permitted from this assessment. The exception to this is the specific case when a student first arrives in U.S. schools in the second semester of a school year who may be assigned a rating of beginning without actually taking the TELPAS reading test if the LPAC determines that the student has too little English reading ability to assess. This rating is the point from which the student‘s growth is measured in future years. Each district is responsible for developing a local schedule to administer TELPAS assessments during the four-week TELPAS testing window. Because the span of reading ability is so broad on the TELPAS reading tests and the purpose is to measure annual growth in English acquisition, the tests should be an appropriate tool for most LEP students served by special education. Exceptions include students who need a braille version (since a braille version of the TELPAS reading test is not available) and students whose reading instruction is below the level of reading simple words and sentences. In such cases, the LPAC and ARD committee may collaboratively decide that the student‘s special education needs prevent an appropriate measurement of growth in English reading proficiency. This decision will be recorded at the time of testing, and the student will not participate in the assessment. Purposes of TELPAS 1. TELPAS assesses the progress of recent immigrants during the time they receive a LEP exemption from the state academic skill assessments. During the time a student receives a LEP exemption or postponement, TELPAS reading tests assess progress in English language acquisition in reading. A student‘s ability to learn academic content in English will be hindered until the student is able to use the English language as a medium for acquiring challenging academic skills. 2. TELPAS reading test results help indicate when LEP exemptions are no longer necessary. Many LEP students enter U.S. schools with some knowledge of English and do not need three years of exemption. Recent immigrant students with limited English proficiency who attain designated levels of proficiency on the TELPAS reading tests are not eligible for a LEP exemption in any TAKS, TAKS(Accommodated), or TAKS–M subject area in future years. 3. TELPAS provides a way to monitor the English proficiency of students who take academic skill assessments in Spanish. TELPAS helps LPACs ensure that students in bilingual programs are making steady annual progress in English language development during the time their academic progress is measured with TAKS in Spanish. TELPAS is also an indicator LPACs may use to help make decisions about when students who have previously tested in Spanish are ready to begin testing in English. 4. TELPAS provides a way to monitor the English proficiency of students who take academic skill assessments in English. TELPAS allows educators to continue to monitor the English language development of students who are no longer eligible for a LEP exemption from TAKS, TAKS (Accommodated), or TAKS–M but who are still developing proficiency in English. TELPAS results help schools examine to what extent poor academic performance may be caused by an insufficient command of English as opposed to or in conjunction with non-mastery of academic concepts. This information helps in planning for instructional interventions. 1264 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo TELPAS Raters A TELPAS rater is a teacher designated to be the official rater of a LEP student‘s English language proficiency. All designated raters receive special training. For each domain assessed, raters are trained to use a set of holistic proficiency level descriptors to determine whether students are at the beginning, intermediate, advanced, or advanced high level of English language proficiency. Each teacher selected to rate a student must  have the student in class;  be knowledgeable about the student‘s ability to use English in instructional and informal settings;  hold valid education credentials such as a teacher certificate or permit; and  be appropriately trained as required by the holistic rating training procedures in accordance with 19 TAC §101.3005.  Substitute teachers who meet the above criteria may serve as raters. TELPAS raters may include:  bilingual education teachers  English as a second language (ESL) teachers  elementary general education teachers  middle or high school general education teachers of foundation subjects  special education teachers  gifted and talented teachers  teachers of enrichment subjects Paraprofessionals may not serve as raters. On each student‘s answer document, you will indicate which of the above best describes your teaching relationship to the student you are rating. TELPAS Verifiers for Grades 2-12 Writing Collections In conjunction with the district coordinator and principal, the campus testing coordinator will designate one or more persons to verify the contents of the writing collections on the campus. Note that TELPAS raters and paraprofessionals are NOT permitted to perform this function. Note also that training in verifying tasks and TELPAS administration procedures for the holistically rated components is required for TELPAS writing collection verifiers. The writing collection verifier will ensure that  each collection contains at least 5 total writing samples;  each writing collection includes at least 1 narrative about a past event and 2 academic writing samples from science, social studies, or mathematics;  all writing assignments include the student‘s name and date;  no writing samples come from before February 1, 2008;  no papers showing teacher corrections are included;  no worksheets, question-answer assignments, or TAKS written compositions are included; and  each collection includes samples written primarily in English. The rater is responsible for assembling the writing collections according to all criteria in this manual. The rater, not the verifier, is solely responsible for ensuring that the following types of papers are NOT included in the collections:  papers containing language directly copied from a textbook, lesson, or other written source  papers in which the student relies heavily on a dictionary or thesaurus  papers that have been polished through editing by peers, parents, or teachers  papers that are brief, incomplete, or obviously reflect writing that was rushed o For schools with many LEP students, one ESL certified teacher may not be enough to rate all TELPAS exams. o Additional teachers may get licensed easily for being a TELPAS rater via a short workshop for a few days. o Also a TELPAS verifier usually is the ESL coordinator, who can be licensed online easily. TELPAS Decision-Making Process Decisions about TELPAS accommodations for ELLs should be made by the LPAC and, in the case of an ELL receiving special education services, by the ARD committee in conjunction with the LPAC. Because TELPAS holistically rated assessments are based on student class work and observation of students during daily instruction, most accommodations that are used during regular classroom instruction are appropriate. Exceptions are any accommodations that would interfere with the ability of the assessment to provide a clear picture of the student‘s English language proficiency. For example, submitting writing samples for which a student relied heavily on a dictionary for word selection would not be appropriate. 1265 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo Summer Programs for LEP Students Purpose of summer school programs; (A) LEP students shall have an opportunity to receive special instruction designed to prepare them to be successful in kindergarten and first grade. (B) Instruction shall focus on language development and essential knowledge and skills appropriate to the level of the student. (C) The program shall address the affective, linguistic, and cognitive needs of the LEP students in accordance with §89.1210(c) and §89.1210(e) of title relating to Program Content and Design. Each district required to offer a bilingual or special language program in accordance with The Education Code, §29.053, shall offer the summer program, however enrollment in the program is optional with the parents of the student. To be eligible for enrollment, a student must be eligible for admission to kindergarten or to the first grade at the beginning of the next school year and must be LEP. Limited English proficiency shall be determined by screening students using informal oral language inventories or oral proficiency instruments approved by the commissioner of education, or other appropriate instruments. Programs for students who will be in bilingual education kindergarten and first grade programs shall be bilingual education as well. The program shall be operated on a one-half day basis, a minimum of three hours each day, for eight weeks or the equivalent of 120 hours of instruction. The student/teacher ratio for the program district-wide shall not exceed 18 to one. A district is not required to provide transportation for the summer program. Teachers shall possess certification or endorsement as required in the Education Code, §29.061, and §89.1245 of title relating to Staffing and Staff Development. Reporting of student progress shall be determined by the board of trustees. A summary of student progress shall be provided to parents at the conclusion of the program. This summary shall be provided to the student's teacher at the beginning of the next regular school term. A district may join with other districts in cooperative efforts to plan and implement programs. The summer school program shall not substitute for any other program required to be provided during the regular school term stated in the Education Code, §29.153. LPAC Annual Review/ LEP Status Exit Criteria At the end of each year, the LPAC will meet to review student progress and determine whether the student will continue in the program or qualifies for exiting the program (only after first grade). Students must meet established exit criteria and show mastery in listening, speaking, reading, writing, and comprehension in English to successfully exit the bilingual and ESL programs. A student that is identified as are identified as Bilingual, ESL or LEP Parental Denial may be considered for exit from the ESL/Bilingual program or to change an identified LEP student to a nonLEP status based upon tests that measure the extent to which the student has developed oral and written proficiency and specific language skills in both the student‘s primary language (for students enrolled in bilingual education) and English, and one of the following as stated in reference 19 TAC§89.1225(h); 1) Meeting state performance standards on the reading and writing portions of the English Language criterion referenced test, e.g. TAKS as stated in reference TEC §39.023. 2) Scoring at or above the 40th percentile on the language arts and reading portions (only) on a norm referenced standardized achievement test. Norm-referenced standardized achievement tests (Woodcock Munoz which is used at the beginning) are required only for entry of students in grades 2-12. They MAY be used for program exit (when TAKS is not available) but are NOT required. School districts are not required to administer a norm-referenced standardized achievement test to LEP students each year after initial placement unless there is a district policy requiring the administration of norm referenced standardized achievement tests for all students. Students in Pre-Kindergarten, Kindergarten and 1st grade may not be exited from a Bilingual or English as second language programs. (§89.1225) An annual review is still conducted by the LPAC but students cannot be reclassified as English proficient at these grade levels. Students exited from the program will be monitored for two years to determine academic success. A student may not be exited from the bilingual education or English as a second language program in prekindergarten or kindergarten. Based on Chapter §89.1240, students meeting exit requirements may continue in the bilingual education or ESL program with parental approval but are not eligible for inclusion in the district bilingual education allotment. 1266 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo Conclusions and Recommendations US Kindergarten thru 12 Public School System is among the largest public school systems in the world with the most number of foreign students incorporated into the system each year. US public school system is a very dynamic system that is updated regularly with the latest findings in research done in many Colleges of Education throughout the country. Postgraduate research done in Educational Sciences in US is amongst the leaders of the world in terms of quality and quantity. Thus, it would be very reasonable to evaluate and try to adapt parts of this system as needed. Unlike systems of other sciences, which would need the appropriate infrastructure to adapt, educational systems are relatively easier to adapt due to little physical infrastructure involved. However, one cannot underestimate the human factor that is the readiness of the society, thus it would be a safe bet to say that adapting portions of such a system would be easier for smaller school systems. 1267 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo References LPAC Decision-Making Process Procedural Manual (2008), Texas Education Agency Student Assessment Division, pp. 14-16, 24, 32-35, 42, 49-50, 77. Standardized Test Accommodations Manual for Students Including General Education Students, Students Receiving Special Education Services, Students with 504 Plans, English Language Learners (2009), Texas Education Agency Student Assessment Division, pp. 14-15, 48-52, 61. Adaptations for Special Populations, Commissioner's Rules Concerning State Plan for Educating Limited English Proficient Students 19 TAC Chapter 89, Subchapter AA and BB (2007), US Division of Policy Coordination. Guidelines for Identification Process of Prospective LEP (Limited English Proficient) Students (2009), Harmony Science Academy ESL&SPED Services, pp. 2, 5. The English Language Proficiency Standards (ELPS) 19 Texas Administrative Code §74.4, Chapter 74, Subchapter A, English language proficiency level descriptors and student expectations for English language learners (ELLs) (2009), US Division of Policy Coordination TELPAS (Texas English Language Proficiency Assessment System) Rater Manual Grades K–12 Texas (2009), pp. 4, 38-42, 55-56. Student Testing Requirements, Subchapter A, General Provisions, §101.5, Texas Education Agency Student Assessment Division, http://www.tea.state.tx.us/rules/tac/chapter101/ch101a.html Commissioner‘s Rules Concerning the Participation of Limited English Proficient Students in State Assessments, Subchapter AA, §101.1001 Policy, English Language Proficiency Assessments, §101.1003, Texas Education Agency Student Assessment Division Role of the Language Proficiency Assessment Committee, §101.1005, Texas Education Agency Student Assessment Division Limited English Proficient Students at the Exit Level, §101.1007, Texas Education Agency Student Assessment Division Limited English Proficient Students at Grades Other Than the Exit Level, §101.1009, Texas Education Agency Student Assessment Division Limited English Proficient Students Who Receive Special Education Services. US Division of Policy Coordination. Commissioner‘s Rules Concerning the Student Success Initiative, Subchapter BB, §101.2001 Policy, http://www.tea.state.tx.us/rules/tac/chapter101/ch101aa.html Interpreting Assessment Reports, Annual publication, Texas Education Agency Student Assessment Division, http://www.tea.state.tx.us/student.assessment/. 2008 District and Campus Coordinator Manual, Texas Education Agency Student Assessment Division 1268 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 674 Title A name given to the resource LEGAL ASPECTS OF ESL/BILINGUAL EDUCATION PROGRAM IN US PUBLIC SCHOOL SYSTEM APPLICABLE TO OTHER EDUCATIONAL SYSTEMS Author Author Cicek, Volkan Abstract A summary of the resource. Legal aspects of ESL/Bilingual Education Program currently implemented in K thru 12 US Public School System that may be applicable to educational systems of other regions and countries are discussed within the context of basis on federal and state laws, Bilingual Education vs ESL (English as a Second Language) Education, hiring certified personnel, training of employed personnel, identification of ESL/Bilingual Education students, ESL/Bilingual Education nomination process, testing for ESL/Bilingual Education, testing criteria to be selected LEP (Limited English Proficient), LPAC (Language Proficiency Assessment Committee), LEP notification of LPAC decisions, accommodations, Documentation and Confidentiality, Standardized Testing of LEP students based on federal AYP (Adequate Yearly Progress) Requirements, LEP exemptions, LAT (Linguistically accommodated testing) test that LEP exempt students take replacing regular standardized tests, Exit Level LEP Postponement, TELPAS (English Language Proficiency Assessment System) tests that all LEP students take based on federal NCLB (No Child Left Behind) Act and Annual Measurable Achievement Objectives (AMAOs), TELPAS Raters, TELPAS Verifiers, Summer Programs for LEP students, LPAC Annual Review/ LEP Status Exit Criteria. Date A point or period of time associated with an event in the lifecycle of the resource 2011-05 Keywords Keywords. Conference or Workshop Item PeerReviewed P Philology. Linguistics https://omeka.ibu.edu.ba/files/original/c3a753e6b46f57acaf587243341a7c4c.pdf 1cd10f5d06f5b5f60b74a2daec6f9332 PDF Text Text 1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo LEGAL ASPECTS OF SPED PROGRAM IN US PUBLIC SCHOOL SYSTEM APPLICABLE TO OTHER EDUCATIONAL SYSTEMS Dr. Volkan Cicek Faculty of Education Ishik University, Iraq volkancicek@gmail.com Abstract: Special Education program is implemented in each and every US Kindergarten thru 12 public schools and it is the major educational program that is subject to extra funding. In this review, legal aspects of Special Education Program currently implemented in Kindergarten thru 12 US Public School System that may be applicable to educational systems of other regions and countries are discussed within the context of basis on federal and state laws, ARD (Admission, Review, and Dismissal) committee, Disability categories, ARD meetings specific to disability categories, identification of eligible students, confidentiality, documentation, Modifications and Accommodations, Discipline Issues Key Words: Special Education, IEP (Individualized Educational Plan), FIE (Full and Individual Evaluation), Modifications, Accommodations, Learning Disability, Other Health Impairment, Attention Deficit disorder, Attention Deficit Hyperactivity Disorder, Speech Impairment, Autism, Dyslexia, Behavior Intervention Plan, Limited English Proficient Basis Federal Requirements No Child Left Behind Act of 2001 (NCLB) Stronger public accountability is one of the basic education reform principles contained in NCLB. NCLB requires the participation of all public school students in the following assessments:  reading/language arts and mathematics for all students in grades 3–8 and at least one grade in high school; and  science in at least one grade in each of three grade spans (3–5, 6–9, and 10–12). These assessments form the basis of the federal accountability system. Federal accountability is defined in terms of Adequate Yearly Progress (AYP), a way to measure the achievement of academic standards for all students and student demographic groups. Campuses, districts, and states are held accountable for achieving academic standards on an annual basis through public reporting and ultimately through consequences if AYP measures are not met. Federal regulations require all students, including those receiving special education services, to be assessed on grade-level curriculum (34 CFR, Parts 200 and 300). To this end, NCLB explicitly calls for ―reasonable adaptations and accommodations for students with disabilities (as defined under Section 602(3) of the Individuals with Disabilities Education Act) necessary to measure the academic achievement of such students relative to State academic content and State student academic achievement standards. Individuals with Disabilities Education Improvement Act of 2004 (IDEA) IDEA specifically governs services for students served by special education and provides federal funding to states and school districts for this purpose. Those who are eligible must be provided an individualized education program (IEP) developed to meet their unique needs. IDEA strengthens accountability for the education of students with disabilities by requiring their participation in statewide and district wide assessments, with appropriate accommodations when necessary. Included in the IEP is a statement of any accommodations required to measure the academic achievement and functional performance of the student on such assessments. If the IEP team determines that the child should take an alternate assessment, it must produce a statement indicating why the child cannot participate in the regular assessment and why the alternate assessment selected is appropriate for the child. Rehabilitation Act of 1973 (Section 504) Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against individuals with disabilities who seek access to programs and activities provided by entities that receive financial assistance from the federal government, including organizations that receive U.S. Department of 1269 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo Education funding. In the public school setting, students with disabilities protected by Section 504 have the right to the aids and services required to meet their educational needs to the same extent as other students. State Requirements Section 39.023 of the Education Code (TEC), as it applies through the 2011 school year, mandates that TEA develop and administer criterion-referenced assessments to students enrolled in grades 3–11, including students receiving special education services, students with dyslexia or a related disorder, and students with limited English proficiency. These assessments must be appropriate measures of achievement and must allow students receiving special education services to have necessary and appropriate accommodations. Administrative rules for the assessment program authorized under the TEC appear in the Administrative Code (TAC). The 19 TAC §101.29 governs the use of accommodations in testing, which are permitted for eligible students unless their use would invalidate the test. Decisions about accommodations need to take into consideration the needs of the student and the accommodations the student routinely receives in classroom instruction and testing. According to The Individuals with Disabilities Education Act (IDEA) of US law, the term special education means specially designed instruction to meet the unique needs of a child with a disability. It is important to note that under this law;  Not all struggling learners have a disability.  A child with a disability who does not need special education services is not eligible for special education. In other words, there should be an educational need sourced by student‘s disability. Such an example is when a child‘s low achievement is caused by lack of appropriate instruction or Limited English Proficiency (LEP). As a result of these legal requirements special education services for all eligible students must start the first day of school. Thus, the list of eligible students must be ready before the first day of instruction. For that a suspect list among newly enrolled students must have been already created and finalized. Also, previously enrolled students that are determined to continue to receive special education services via Annual Review Committee or ARD meetings shall be checked whether they are still enrolled. ARD (Admission, Review, and Dismissal) Committees and Meetings ARD committee is the legal body responsible of all decision making and implementation process regarding the special education services that an eligible student is receiving. ARD committee performs this act via ARD committee meetings, which has to meet as a minimum of once a year but also every time when FIE (Full and Individual Evaluation) takes place, as well as anytime there is a change to IEP (Individual Education Program) or BIP (Behavior Intervention Plan) if there is any and on all other occasions relating to educational issues of the eligible student. FIE has to be repeated once every three years minimum as well as speech evaluation in the case of students eligible due to speech impairment. For students that are protected by Section 504 another legal body regulates the educational needs of the student. Usually students that have issues such as ADD (Attention Deficit Disorder), or ADHD (Attention Deficit Hyperactivity Disorder), or dyslexia only that does not require special education service fall under the category of Section 504. For the purposes of this study this category will not be discussed. ARD committee consists of the special education teacher that is certified, special education coordinator, parent of the student, any paraprofessional such as speech pathologist or other medical personnel that is certified to assess and diagnose the disability of the student, related general education teachers and in some recommended cases the student him/herself. There are state mandated standard forms to be filled out and submitted online by ARD committees to fulfill the federal requirements. In the example state of Texas, ARD (Admission, Review and Dismissal) and IEP (Individualized Education Program) Report used as the resource and guideline for all related official processes is 20 pages long. The outline of the form is as follows; Pages 1&2 is about Determination of Eligibility Pages 3&4 is about Development of IEP Page 5 is about ARD PLAAFP (Present Levels of Academic Achievement and Functional Performance) Page 06a&b is about ARD Transition/Graduation/Transfer of Rights Page 07a&07b is about Supplementary Aids & Services Page 07d is about Supplementary Aids and Services-Speech Page 08a is about Standardized Tests (TAKS A/ALT/M for Texas) Page 08b is about LEP/ELL TELPAS Page 08c is about TAKS/LEP Exempt/LAT 1270 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo Page 09 is about Least Restrictive Environment Consideration Page 10 is about General Education Aids & Services Page 11 is about Services to be provided Page 12 is about Schedule of Services Page 13 is about Placement Determination Page 14 is Signature Page Page 15a is about Committee deliberations (minutes) that summarize deliberations made during the course of the ARD meeting. Minutes are not intended to be a script of all conversations or specific comments made during the ARD/IEP process. Eligibility Categories There are 13 disability categories in special education: 14. Learning disability 15. Other health impairment 16. Speech impairment 17. Autism 18. Emotional disturbance 19. Orthopedic impairment 20. Auditory impairment 21. Visual impairment 22. Deaf-Blind 23. Mental retardation 24. Developmental delay 25. Traumatic brain injury 26. Non-categorical Early Childhood 6. Learning Disability (LD) LD is a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, perform, or do mathematical calculations. The term includes such conditions as  perceptual disabilities,  brain injury,  minimal brain dysfunction,  dyslexia, and  developmental aphasia. The term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage. Learning Disability (LD) Sample ARD Minutes #1 This is an annual ARD for Student X. Members present will be noted on the signature page. Mr. and Mrs. X, the parents, received a copy of procedural safeguards and had no questions at this time. Mr. Y, Special Education Teacher, reviewed existing information data. According to the full and individual evaluation (9/20/03) Student X qualifies for special education services under learning disabled category. Mr. Y reviewed the TAKS results from 2005. Last year Student X took math, reading, and social studies tests and passed. The committee agrees to assign him for TAKS in reading and math this year as well. The most current report card shows that Student X is doing very well in all classes. Behavior Rating Scale completed by classroom teacher indicates that Student X cooperates well and is social. He doesn‘t have any problem with completing his assignments or adapting to changes. The committee agrees to keep him in general education setting for all areas with content mastery support. Student X‘s behavior is appropriate and therefore a behavior intervention plan is not needed at this time. Assistive Technology, extended school year, special transportation and related services were discussed and not needed at this time because there is no educational need. Based on the feedback from teachers, her current performance in the classroom and full individual evaluation report, an IEP was developed and accepted by ARD committee. Modifications were determined and accepted. The minutes were read and approved. The committee adjourned on agreement. Learning Disability (LD) Sample ARD Minutes #2 This is an annual ARD for Student X. Members present will be noted on the signature page. Ms. X, the parent, received a copy of procedural safeguards and had no questions at this time. Mr. Y, 1271 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo Special Education Teacher, reviewed existing information data. According to the full and individual evaluation (2/18/2003) Student X qualifies for special education services under learning disabled category. Mr. Y reviewed the SDAA results from 2005. Last year Student X met the ARD expectations in both reading and math. On reading, he scored 6th grade III level and on math 7th grade II level. The committee agrees to assign 8th grade math test with level I expectations; 7th grade reading test with level II expectations. Because there is no state alternative assessment in the areas of social studies and science, the committee determined that Student X should take a released TAAS test 8th grade in both social studies with 55% and science 50% expectations. 2004-2005 report card shows that Student X was doing very well in all classes. Behavior Rating Scale completed by classroom teacher indicates that Student X cooperates well and is social. He doesn‘t have any problem with completing his assignments or adapting to changes. The committee agrees to keep him in general education setting for all areas with content mastery support. Student X‘s behavior is appropriate and therefore a behavior intervention plan is not needed at this time. Assistive Technology, extended school year, special transportation and related services were discussed and not needed at this time because there is no educational need. Because Student X will be 14 on 4/3/2006, a transition service needs supplement was discussed and completed by the committee. A REED was completed. Student X is still eligible for special education services under the same category (specific learning disability). Based on the feedback from teachers, her current performance in the classroom and full individual evaluation report, an IEP was developed and accepted by ARD committee. Modifications were determined and accepted. The minutes were read and approved. The committee adjourned on agreement. Dyslexia Dyslexia is a specific learning disability that is neurobiological in origin. It is characterized by difficulties such as inaccurate word recognition and poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Dyslexia Screening Sample Results and Interpretations: Testing was conducted using standard procedures. Conditions for this testing session were considered to be adequate. Distractions were minimal and insignificant at this time. Rapport was established and maintained adequately for testing. Adequate eye contact was achieved and maintained adequately for testing. Student X seemed to want to answer all of the questions correctly. He demonstrated appropriate emotion and was motivated to work to the best of his ability. He was exceptionally cooperative throughout the examination and he appeared confident, self-assured, and attentive to the tasks throughout the examination. He responded too quickly to test questions, but generally persisted with difficult tasks. Student X‘s height and weight appeared average for his age. His vision and hearing appeared adequate for testing. His speech was intelligible, and his basic interpersonal communication skills were adequate for his age and grade. There was not any an unusual habit, mannerism, or verbalization. Student X seemed at ease in the testing situation. Informal observation of Student X during copying and writing activities showed that he doesn‘t have adequate psychomotor functioning for his age and grade. Testing was conducted using standard procedures. Conditions for this testing session were considered to be adequate. Distractions were minimal and insignificant at this time. Rapport was established and maintained adequately for testing. Student X‘s performance on the K-TEA II indicates that, he is not having any significant difficulties in any of the areas that he was being tested. His overall performance, as measured by the K-TEA II, is in the average range. The K-TEA II Test and the informal observations indicate that he doesn‘t appear to meet specific eligibility for Dyslexia. Recommendations: Extra time would be beneficial for student when he is taking his examinations, allow some extra time for proof-reading. Make sure he comprehends what he reads, and he attends to the source of information. Do not criticize when correcting him; be honest yet supportive. Never cause him to feel negatively about himself. Have him write sentences, paragraphs, or a story each day about a favorite subject. Encourage him to use a phonetic approach to spelling the words he uses. Teach him to use spelling rules to spell words correctly rather than simply memorizing the spelling of words for testing purposes. Point out the subtle differences between letters and numbers that she reverses. Have him scan 5-10 typewritten lines containing only the letters or numbers that are confusing. 1272 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo Make certain he correctly hears those letters or sound units omitted, substituted, added, or rearranged when spelling words. Have him say the words aloud to determine if he is aware of the letters or sounds in the words. If possible, he should be allowed to have an opportunity to explain any lack of clarity in the writing. Modeling organization and appropriate use of work materials would be very appropriate for him. 7. Other Health Impairment (OHI) OHI is defined as having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment adversely affecting a child's educational performance, that is due to chronic or acute health problems such as;  asthma,  attention deficit disorder (ADD)  attention deficit hyperactivity disorder (ADHD),  diabetes,  epilepsy,  a heart condition,  hemophilia,  lead poisoning,  leukemia,  nephritis,  rheumatic fever,  sickle cell anemia Other Health Impairment (OHI) Sample ARD Minutes This is an annual and review ARD for Student X. Members present will be noted on the signature page. Mrs. X, the parent, had no questions at this time. Existing information data was reviewed. The evaluation report from 9/20/2005 indicates that he qualifies for special education services under Other Health Impairment category. His Report and Progress cards show that Student X was doing well in all classes. Behavior Rating Scale completed by classroom teacher indicates that Student X adapts adequately and is social. He doesn‘t have any problem with completing his assignments or adapting to changes. He may need help with extra-curricular activities and writing because of delay in his motor skills. Student X will take TAKS in the areas of Reading and Math. However, TAKS-M Writing (TAKS Modified) will be given to him. The committee agrees to keep him in general education setting for all areas. Student X‘s behavior is appropriate and therefore a behavior intervention plan is not needed at this time. Assistive Technology, extended school year, special transportation and related services were discussed and not needed at this time because there is no educational need. Modifications were discussed. His assignments should be broken into small parts and extra time should be provided for writing. The committee adjourned on agreement. 8. Speech Impairment (SI) SI (A speech or language impairment) is a communication disorder such as  stuttering,  impaired articulation,  a language impairment, or  a voice impairment that adversely affects a student‘s educational performance. Students eligible for Speech Impairment (SI) usually receive speech therapy from a certified speech therapist (audiologist) or speech pathologist at certain times. Speech Impairment (SI) Sample ARD Minutes #1 This is an annual and review ARD for Student 1. Members present will be noted on the signature page. Mr. X, the parent, had no questions at this time. Existing information data was reviewed. The speech/language evaluation report from 03/03/2006 indicates that she qualifies for 1273 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo special education services under speech impairment category. However, dismissing her from Special Education service was discussed. Based on the feedback from speech therapist, the committee may meet later for dismissal. Her Report and Progress cards show that Student1 was doing very well in all classes. Behavior Rating Scale completed by classroom teacher indicates that Student1 cooperates well and is social. She doesn‘t have any problem with completing her assignments or adapting to changes. The committee agrees to keep her in general education setting for all areas with content mastery support. But, she will be pulled out for speech therapy 60 mins per 6 weeks. Student1‘s behavior is appropriate and therefore a behavior intervention plan is not needed at this time. Assistive Technology, extended school year, special transportation and related services were discussed and not needed at this time because there is no educational need. Based on the feedback from teachers, her current performance in the classroom and full individual evaluation report, an IEP was developed and accepted by ARD committee. Modifications were discussed. The committee adjourned on agreement. Speech Impairment (SI) Sample ARD Minutes #2 (Combined case, SI with LD) This is an annual and review ARD for Student X. Members present will be noted on the signature page. Ms. X, the parent, received a copy of procedural safeguards and had no questions at this time. Mr. Y, Special Education Teacher, reviewed existing information data. The full and individual evaluation report from 5/9/2002 indicates that she qualifies for special education services under specific learning disabilities and speech impairment. The committee reviewed the following data:  LD Classroom Observation  Sociological data from parent  Health information  Screening for adaptive and assistive technology  Current progress report and report card  Current classroom based assessment and observation  State assessment reports  Sample work from different classes  The committee concluded that Student X still qualifies for special education services and no additional testing is needed at this time. A Review of Existing Evaluation Data report was completed and signed by the committee members. Also a specific learning disability report was completed. The committee then reviewed spring 2005 TAKS reading results. Student X passed the reading test. She took SDAA in math and writing and met the ARD expectations as well. She will take TAKS reading, social studies and science; SDAA math this year. Student X is currently making progress in her IEP and passing all courses she is taking. She will be in high school next year. A graduation plan was completed. There is no concern in Student X‘s behavior and therefore a behavior intervention plan is not needed at this time. The committee discussed the need for Assistive Technology, extended school year, special transportation and related services and agreed that there is no need at this time. Based on the feedback from teachers, her current performance in the classroom and full individual evaluation report, an IEP was developed and accepted by ARD committee. Modifications were determined and accepted. The minutes were read and approved. The committee adjourned on agreement. 9. Autism (AU) A child may be considered to be a child with autism if the child has a developmental disability significantly affecting:  Verbal communication;  Nonverbal communication; and  Social interaction; Other characteristics often associated with autism are  engagement in repetitive activities and stereotyped movements  resistance to environmental change or change in daily routines  unusual responses to sensory experiences Autism is generally evident before age 3. The most accurate statement regarding the cause of autism is in most cases a specific cause cannot be confirmed. 10. Emotional or Behavioral Disorders (ED) Emotional or behavioral disorder is a condition in which one or more of the following characteristics are exhibited for a long period of time and to a marked degree that adversely affects a student‘s educational performance. Such inabilities are; 1274 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo      An inability to learn that which cannot be explained by intellectual, sensory or other health factors. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. Inappropriate type of behavior or feeling under normal circumstances. A tendency to develop physical symptoms or fears associated with personal or school problems. Schizophrenia is also included as part of the definition. Confidentiality Written or oral information about student with disabilities is shared only with other school personnel who have an explicit need to know. Information about one student is not shared with another student or parent under any circumstances. Only necessary information will be shared with those who have an ―educational interest‖ in the student. Information should not be obtained from a parent or other person based on a promise that the information so obtained will not be shared with other appropriate personnel. Discussions concerning confidential information are to take place in secured locations, not in hallways, stairwells, staff lounges or parking lots, on the playground, or elsewhere where others may overhear. Page covers shall be used when transferring related documents Documentation Confidential written documentation or notes of oral confidential communications should be stored in secure locations, and when in use, should be shielded from the view of others approaching the desk, and should not be left on a desk at all when the staff member has occasion to leave the desk. A sample SPED folder should consist of the following documents; Page 1 Access sheet Communication Records Page 2 Notices Receipt of ExplanationProcedural Safeguards Consents for initial and Reevaluation Transfer Agreement Form Page 3 Current ARD/IEP, BIP (placement) Page 4 Current Assessment Data FIE Page 5 Only for students who have been enrolled for more than one year. Past ARDs and FIEs (been out of date recently) Page 6 Only for students who have been in the school more than 2 years Take page 5 at the end of year 5 and place it here 1275 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo Personnel comments are never to be inserted on documents in student folders Communication Teachers are supposed to forward any information that is received from the parent of a student with disability to special education coordinator immediately. During referral process, parents may give the required written notice of referral to classroom teachers or let them know in written via mail, fax, or email. It is also teacher‘s responsibility to forward this information to special education coordinator at school so that proper actions are taken. Modifications/Accommodations One of the most important concepts in special education is implementation of required modifications. Classroom teachers of a student with disabilities will be given modifications at the beginning of the school year. These modifications should be applied properly by classroom teachers. Most students with disabilities can achieve grade-level academic content standards when they receive  instruction from teachers who are highly qualified to teach in the content areas addressed by state standards and know how to differentiate instruction for diverse learners;  specialized instruction within the framework of an IEP; and  appropriate accommodations to help them access grade-level content. Accommodations may be used to enhance the way instruction or materials are presented to a student or to provide different ways for a student to respond to instruction or materials without changing the content being addressed. The decision to use a specific accommodation with a student should ensure the following:  The accommodation addresses the individual student‘s needs.  The accommodation is used routinely in classroom instruction and testing.  The accommodation is documented in the student‘s IEP or in accordance with district policies and procedures.  The accommodation is effective and appropriate as evidenced by grades and observations.  The rigor of the grade-level curriculum is maintained.  The accommodation is allowed or approved if used on a state assessment. Adjustment on Grading In most cases, student with disabilities can be overwhelmed by coursework. Therefore, grading policy needs to be adjusted for students with disabilities. Parties that Need Accommodation Information  Regional Level Education service center staff  District Level Superintendents  Testing coordinators  Curriculum directors  Special education administrators  Bilingual/English as a second language (ESL)  coordinators  Campus Level Principals and other administrators  Testing coordinators  Test administrators  Educational diagnosticians  Licensed specialists in School Psychology  Counselors  Teachers  Special education staff  Bilingual/ESL staff  Parents 1276 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo Discipline As a general rule, the consequences written in student handbook apply to all students, including children with disabilities. However, there are special rules and limitations that may apply to a child with a disability. These rules are determined by ARD committee and written in student‘s IEP documents. Students with disabilities are treated like all other children until the end of the tenth day of suspension. Students with disabilities can be suspended for more than 10 days but are entitled to receive FAPE on the 11th day. For suspensions beyond 10 school days, the student‘s IEP team must determine the need to conduct a FBA and develop a BIP or document the need for the decision if a FBA will not be conducted. Suspension of a student with disabilities for more than 10 school days in a school year constitutes a ―change of placement.‖ An IEP meeting must be convened within 10 school days after a ―change of placement‖ occurs to conduct a manifestation determination. Within 10 days, following tasks have to be completed;  Notifying Parents  Providing Procedural Safeguards Notice  Conducting Manifestation Determination  Providing FAPE If the IEP team determines the behavior was not a manifestation of the student‘s disability, the student may be subjected to the same disciplinary action as a regular education student, but the student remains entitled to FAPE. If the IEP team determines the behavior is a manifestation of the student‘s disability, the student may not be suspended. Conclusions and Recommendations US Kindergarten thru 12 Public School System is among the largest public school systems in the world with the most number of foreign students incorporated into the system each year. US public school system is a very dynamic system that is updated regularly with the latest findings in research done in many Colleges of Education throughout the country. Postgraduate research done in Educational Sciences in US is amongst the leaders of the world in terms of quality and quantity. Thus, it would be very reasonable to evaluate and try to adapt parts of this system as needed. Unlike systems of other sciences, which would need the appropriate infrastructure to adapt, educational systems are relatively easier to adapt due to little physical infrastructure involved. However, one cannot underestimate the human factor that is the readiness of the society, thus it would be a safe bet to say that adapting portions of such a system would be easier for smaller school systems. 1277 �1st International Conference on Foreign Language Teaching and Applied Linguistics May 5-7 2011 Sarajevo References Texas Education Agency Student Assessment Division (2008), LPAC Decision-Making Process Procedural Manual, pp. 14-16, 24, 32-35, 42, 49-50, 77. Texas Education Agency Student Assessment Division (2009), Standardized Test Accommodations Manual for Students Including General Education Students, Students Receiving Special Education Services, Students with 504 Plans, English Language Learners, pp. 14-15, 48-52, 61. Division of Policy Coordination (2007), 19 TAC Chapter 89, Subchapter BB, Chapter 89. Adaptations for Special Populations, Commissioner's Rules Concerning State Plan for Educating Limited English Proficient Students, pp. 2, 7. Guidelines for Identification Process of Prospective LEP (Limited English Proficient) Students (2009), Harmony Science Academy ESL&SPED Services, pp. 2, 5. The English Language Proficiency Standards (ELPS) (2009), 19 Texas Administrative Code, Chapter 74, Subchapter A, §74.4, English language proficiency level descriptors and student expectations for English language learners (ELLs) TELPAS (Texas English Language Proficiency Assessment System) Rater Manual Grades K–12 Texas, pp. 4, 38-42, 55-56. A Student‘s Guide to the IEP by the National Dissemination Center for Children with Disabilities (2005), http://nichcy.org/pubs/stuguide/st1book.htm Scheiber, B., Talpers, J. (1985), Campus Access for Learning Disabled Students: A Comprehensive Guide. Pittsburgh: Association for Children and Adults with Learning Disabilities 1278 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 675 Title A name given to the resource LEGAL ASPECTS OF SPED PROGRAM IN US PUBLIC SCHOOL SYSTEM APPLICABLE TO OTHER EDUCATIONAL SYSTEMS Author Author Cicek, Volkan Abstract A summary of the resource. Special Education program is implemented in each and every US Kindergarten thru 12 public schools and it is the major educational program that is subject to extra funding. In this review, legal aspects of Special Education Program currently implemented in Kindergarten thru 12 US Public School System that may be applicable to educational systems of other regions and countries are discussed within the context of basis on federal and state laws, ARD (Admission, Review, and Dismissal) committee, Disability categories, ARD meetings specific to disability categories, identification of eligible students, confidentiality, documentation, Modifications and Accommodations, Discipline Issues Date A point or period of time associated with an event in the lifecycle of the resource 2011-05 Keywords Keywords. Conference or Workshop Item PeerReviewed P Philology. Linguistics https://omeka.ibu.edu.ba/files/original/ef6fd62c65afd2ae9e2e363f27404d19.pdf a901e0bd51190d5d1c78fb1426c8a9b7 PDF Text Text 2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo Legal Discussions in Data Privacy and the Environment in BosniaHerzegovina Husic SAMĠR PhD candidate International University of Sarajevo Bosnia and Herzegovina samirhusic@gmail.com Ozguven KUTLUK Assoc. Prof. Dr. International University of Sarajevo Bosnia and Herzegovina kutluko@yahoo.co.uk Abstract: Dramatic increase in importance of data privacy came with advance of information technology. Global domination of information exchange is forcing governments to establish international standards and regulatory mechanisms in order to protect data privacy. These efforts resulted in general principles of data privacy, which have been widely accepted, but also difficulty for diverse legislations. While Europe has highly developed and human rights oriented data privacy regulations, USA has less regulated and business enhancing oriented approach. Such discrepancy resulted in continious international discussions and agreements towards regulation‘s harmonization. Data privacy regulations in BiH has radical boost recently. The main push was protection of data privacy as condition for visa liberalization with EU countries, making BiH data privacy in full compliance with EU standards. However, when it comes to practical application, there‘s significant amount of data privacy interference and lack of awareness, while most serious breaches are conducted by public administration. Introduction The main challenge in personal data privacy is to share data, particularly in respect of freedom of information principles, while protecting personally identifiable information. Personally Identifiable Information („PII―) is a unique piece of data or indicator that can be used to identify, locate, or contact a specific individual (Staples, 2007, pp.383-386). What distinguish PII from other types of personal information is permission of identification by this information, as it may be sensitive, embarrassing or offensive in a way that individual may wish to keep it private. Data privacy issues can arise in response to a wide range of PII, including an individual‘s name; geographic, physical, or postal address; phone number; electronic mail address; bank or credit account numbers; and Social Security number. Some information can be collected anonymously, like state of residence, age, gender, race, purchases, or salary. However, personal information from various sources can be pieced together to create PII. For example, an Internet Protocol address does not, by itself, identify a specific person. But when combined with an Internet service provider‘s customer records, the combined information becomes PII (Staples, 2007). Remarkable increase in personal data privacy importance came with the advance of information technology. The information is collected, stored, and shared by individuals, organizations, but also government institutions. Exchange of personal data became necessary to enable or develop many activities, to communicate, obtain benefits or transact business. With such striking increase in importance, the issue became equally complex from legal point of view, because of different definitions of ―personal information‖ in different legal context. It is impossible today to collaborate with stakeholders in a foreign country without appreciation of complex regulations regarding data rights. Global technology, communications and outsourcing made it crucially needed to arrange regulatory mechanisms internationally. 674 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo The legal protection of the right to privacy in general, and of data privacy in particular, varies greatly around the world. There is a significant challenge for organizations that hold sensitive data to achieve and maintain compliance with so many regulations that have relevance to information privacy. A lot of attempts are made to regulate privacy issues internationally that would be obligatory and acceptable for different countries. Those attempts to create universal principles of data privacy can be traced even before contemporary global data exchange challenges. The root for international standards in data privacy may be found in The Universal Declaration of Human Rights. It is adopted by the United Nations General Assembly in 1948 in Paris, and it reflects the consequences of Second World War. It consists of 30 articles which have been foundation for further international and national regulations. In the Article 12, Declaration define right to privacy, and unlike later privacy regulations, it prescribe no exception: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.” (General Assembly of the UN, 1948) But only in early 1970ties, government agencies in the United States and Europe have studied the manner in which entities collect and use personal information, their information practices and safeguards required to ensure adequate privacy protection. The result has been series of reports and regulations, while common to all are five core principles of privacy protection (Federal Trade Commission, 2007). These principles were first articulated in the United States Department of Health, Education and Welfare's report entitled Records, Computers and the Rights of Citizens (Secretary's Advisory Committee, 1973). The five principles are: 1. Notice/Awareness - persons should be given notice of an entity's information practices before any personal information is collected from them. 2. Choice/Consent – persons should have options as to how any personal information collected from them may be used. 3. Access/Participation – person should have ability both to access data about him or herself, and to contest that data's accuracy and completeness. 4. Integrity/Security – data has to be accurate and secure. 5. Enforcement/Redress – there must be a mechanism in place to enforce the core principles of privacy protection. These principles are widely accepted at that time, and influenced data privacy legislation in following 30 years. Yet, these principles later have been criticized for being short and incomplete, allowing too many exemptions, and not keeping pace with information technology. There are numerous comprehensive data privacy principles developed later on, and most influential are contained in OECD Guidelines on the Protection of Privacy (OECD, 1980), and EU Directive. Data Privacy in Europe Data privacy regulation has relatively long tradition, and it is generally considered to be strict and highly developed in EU. Its roots could be found in the European Convention on Human Rights from 1950. ECHR Convention is signed by 47 member states of the Council of Europe (―CoE‖), and one of them is BiH which signed and ratified it in 2002 (CoE, 1950). It sets forth a number of fundamental rights and freedoms, including right to respect private life, prescribed in Article 8. Member states undertake the responsibility to ensure these rights and freedoms to everyone within their jurisdiction, and the ECHR Convention establishes an international enforcement mechanism. European Court for Human Rights uses a very broad interpretation of this Article 8 in practice. It provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". It may be compared to the jurisprudence of the United States Supreme Court, which also adopted broad interpretation of the right to privacy in protecting private and family life. For example, very appealing modern-day issue of employee‘s privacy is judged in 2007 under Article 8 in case of Copland v. The United Kingdom (ECHR, 2007). In this case, ECHR found that UK had violated rights of privacy and correspondence of complainant, by the way of monitoring and keeping data of her telephone calls, e-mail correspondence and internet use. Employer, a state-administered body, under deputy principal request, monitored complainant‘s telephone, internet and e-mail use in order to discover whether she was making excessive personal use of them. In 1976, the Committee of Ministers recognizes the need for international binding agreement regarding data protection (CoE, 1981). This Committee recommended preparation of a convention for the protection of privacy in relation to data processing abroad and trans-frontier data processing, which finally resulted in CoE conclusion of 675 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data in 1981 (―Convention‖). Accordingly, this Convention is created due to need for international agreement in law application when automatic processing of personal data involves parties in different countries, for example usage of bank terminals in other countries. International mechanism have been necessary, having regard to rapid evolution of personal information handling at that time, so the states can inform and consult each other on matters of data protection. This Convention is the first binding international instrument which protects the individual against abuses caused by the collection and processing of personal data, and also regulates trans-frontier flow of personal data. It prohibits the processing of sensitive data, such as person‘s race, politics, health, religion, sexual life, criminal record. Restrictions on the rights prescribed in Convention are only possible when prevailing general interest is at stake, such as state security (CoE, 1981). This Convention obliges the signatories to enact legislation concerning the automatic processing of personal data, and it is signed and ratified by 41 member states of CoE. In 1995, European Commission, being still concerned with diverging data protection legislation, decided to harmonize it by proposing Directive 95/46/EC. To move toward harmonization, the European Parliament and CoE issued the Directive on the Protection of Personal Data (―Directive‖) (CoE, 1995). This Directive became the backbone of the current EU data privacy legislation. Directive is not legally binding for citizens, but rather member states have to transpose it into domestic law. As a result, EU member states incorporated it into domestic laws by the end of 1998, and established supervisory authorities to monitor level of privacy protection. For example, UK enacted Data Protection Act 1998 to bring UK law into line with the Directive, and this is the main act that governs data privacy protection in the UK (Information Commissioner‘s Office, 1998). The Directive aims to protect the rights and freedoms of persons with respect to the processing of personal data by prescribing guidelines for domestic legislation. These guidelines define when private data processing is lawful (CoE, 1995). Beside guidelines, it provided important list the eight enforceable principles of good practice for processing personal data (Information Commissioner‘s Office, 1998). Briefly, these principles, that every member state must comply with, specify that personal data must be: 1. Processed fairly and lawfully. 2. Obtained for specified and lawful purposes. 3. Adequate, relevant and not excessive. 4. Accurate and up to date. 5. Not kept any longer than necessary. 6. Processed in accordance with the ―data subject‘s‖ (the individual‘s) rights. 7. Securely kept. 8. Not transferred to any other country without adequate protection. Although the Directive offered most developed and world widely accepted data privacy standards today, recent study shows that it became outdated. The UK Information Commissioner‘s Office announced report in May 2009, stating growing fear that the current Directive is outdated and too bureaucratic. It says that Directive is often seen as burdensome and too prescriptive, and may not sufficiently address the risk to individuals‘ personal information (Robinson et al., 2009). Similar evaluation is given on the 4th annual Data Protection day in January 2010, calling for reform of the Directive (Reding, 2010). Concerns are raised by new challenges, such as behavioral advertising by using internet history, social networking sites, and smart chips used for tracing. It warns that data protection rules must be updated to keep abreast of technological change to ensure the right to privacy, legal certainty for industry, and the take-up of new technologies. Data Privacy in USA Data privacy regulations in United States are not highly regulated. USA use a so called ―sectoral‖ approach that relies on a combination of legislation, regulations, and self-regulation, but there is no all-encompassing law regulating processing and storage of personal data, comparable to EU Directive. These regulations, industry best practices and other binding structures have been enacted at the federal, state and even local level. They pertain to a variety of matters, like financial information, video rentals, electronic communications, or healthcare information. As a result, it is certain that one or more privacy law or regulation, local, state, or federal, does affect and govern some portion of many companies‘ activities (Gilbert, 2003). US data privacy legislation tends to favor information flow efficiency, rather than individual rights to control over their own personal data. The reasons for such approach have to do with American ―laissez-faire‖ economics, which allows industry to be free from state interventions and restrictions. Another reason is constitutional 676 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo right of free speech guaranteed in the First Amendment, providing broad interpretation in regard of information open flow. Historically, the legal requirements of privacy legislation in USA had slow development. Some of the first legal discussions started in 1890, when Louis Brandeis and Samuel Warren published the article ―The Right to Privacy‖ in the Harvard Law Review (Staples, 2007). However, regulations started increasing in frequency only since beginning of 1970ties. Additional impulse they got in late 1990ties, the time of EU Directive incorporation in European countries' legislation. There is a list of more than 40 privacy-related laws in USA, only on federal level, while each state has its own privacy-related laws and regulations (Herold, 2002, p.529). Some of the most important are: Fair Credit Reporting Act (1970), Privacy Act (1974), Family Educational Rights and Privacy Act (1974), Right to Financial Privacy Act (1978), Electronic Communications Privacy Act (1986), Telecommunications Act (1996), Children‘s Online Privacy Protection Act (1999), Health Insurance Portability and Accountability Act (1996), etc. This complexity in US data privacy regulation, and having no comprehensive act on data privacy protection, became a barrier to US business with EU countries upon adoption of EU directive. As mentioned above, The EU Directive prohibits the transfer of personal data to non-EU countries if it doesn‘t meet the ―adequacy‖ standard of privacy protection, except in the cases of the derogations listed (CoE, 1995). Accordingly, it created a legal risk to organizations which transfer personal data from Europe to the US. Although US share the same goal of enhancing privacy protection for its citizens, the US took different approach to privacy from that taken by EU. In order to bridge these different approaches, and to simplify means for US organizations to comply with Directive, the US Department of Commerce in consultation with the European Commission developed a ―Safe Harbor‖ framework (Safe Harbor, 2000). “Safe Harbor” Framework EU Directive barred the transfer of personal data from EU citizens to businesses and other entities in countries without levels of privacy protection estimated as ―adequate‖ by the EU. Thus, the Directive sets de facto standards for data protection internationally. Accordingly, countries such as Canada, Australia, and Japan have implemented data protection laws that provide similar levels of protection for personal data. But the United States find it difficult, and rather have worked out special agreements with the EU so that US businesses can claim compliance with these principles (Staples, 2007, p.209). Such principles are supposed to simplify relations between US and EU businesses. At the time of EU Directive adoption, the prevailing American response reflected in denial. Dominant American belief was that European data privacy protection may disturb American interests in privacy protection policy that is consistent with its constitutional framework, free speech philosophy and deregulated market economy. At that time, some US critics proposed resistance to Directive, while others tried to prove that combination of sectoral legislation amounts to ―adequate‖ level of data protection. Still, general opinion was that the implementation of the Directive will produce confrontation over the ―adequate‖ context of data protection. While concerned with interest of US business with EU countries, they believe that EU have to decide whether purpose of Directive is to protect European citizens from processing their data abroad, or to promote adoption of equivalent data protection law around the world (Bennett & Raab, 1997). Because the US has no privacy legislation of general applicability, to help US companies comply with the EU privacy laws, the US Department of Commerce has implemented an International Safe Harbor certification program. It is approved as adequate providing protection of personal data by the European Commission in July 2000. The Safe Harbor addresses data privacy issue in unique way as voluntary program, rather than law imposed to all organizations. A US company that adheres to the Safe Harbor Principles and complete certification program, receive presumption from EU member states that it provide required level of personal data privacy protection (Gilbert, 2003). If dispute arise in relation to data transfer according to Safe Harbor program, it is ultimately resolved at European Data Protection Authorities Panel. Although it is reached as best possible solution, Safe Harbor program agreed between US and EU raised numerous issues. First of all, it is failing to balance fair interest in data privacy. This program allows that US companies abided by its provision afforded more privacy protection to Europeans than Americans under US laws. It seems that this agreement might prompt the US to shift its privacy policy in accordance with European standards, which views personal privacy as ―human‖ right. The US failure to enact privacy legislation of general applicability can be considered as continuing characterization of personal data privacy as ―consumer‖ rights issue, rather than ―human‖ rights (Brown & Blevins, 2002, p.565). Beside this issue of not balanced privacy rights, Safe Harbor has other complex issues like when personal data is transferred from EU to US, and then to third countries. Also, 677 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo participation in the Safe Harbor program has no effect on compliance with the requirements of privacy laws outside the EU area. Consequently, being not complete solution, Safe Harbor became a model for other controversial programs, like the ―U.S. – Swiss Safe Harbor‖ (Safe Harbor, 2000), and other bilateral agreements regarding personal data privacy between US and European countries. Bosnia and Herzegovina Regulations Regarding Data Privacy Development and implementation of rules and regulations in field of data privacy is considered as a very important step for BiH in terms of compliance with EU standards. With this orientation, the Law on Protection of Personal Data (―Law‖) became the foundation and marked new age of data privacy legislation in BiH. It prescribes establishment of supervisory agency and number of regulations, all in accordance to EU Directive. The Law prescribes, first of all, that no one has the right to handle personal data of citizens without their consent or a valid legal basis. The other principles of Directive are respected in Law, like the purpose of taking personal data, and timely and accurate processing of personal data. Also, every citizen must be informed that his personal data is being processed. According to Law, BiH‘s Data Protection Agency (―Agency‖) is established as supervisory authority and has become operational and begun its work in June 2008. Its key tasks are to supervise the implementation of the Law on Personal Data Protection; to investigate complaints by the public about possible breaches of data protection regulations; to order blocking, erasing or destroying of data, issue temporary or permanent bans of processing, issue warnings or reprimands to the controllers; to organize training and raise the awareness of government institutions as well as the wider public about data protection obligations; to provide advice and guidance on data protection matters; carry out inspections of government institutions to check whether they comply with the rules of data protection; and to ensure that no legislation infringes with the protection of personal data (Law on Protection of Personal Data, 2006). Beside Law, there are four book of rules enacted in 2009 (Official Gazette, 2009) supporting this Law. They are: Rules on the manner of keeping the records of personal data filing systems and the pertinent records form; Rules on the manner of keeping and special measures of personal data technical protection; Regulation on supervision inspection regarding protection of personal data; and, Regulation on procedure upon complaint by the data subject filed to the agency for personal data protection. Director of Agency also issued the Instruction on how to verify the processing of personal data before the establishment of collection of personal data. Regarding international regulations, worth to mention is a short list, defined by the Agency, of five most important international regulations applied on data privacy legislation and practice in BiH. These regulations are explained briefly in above part regarding European data privacy legislation. The key international sources for BiH data privacy legislation are: European Convention on Human Rights and Fundamental Freedoms, adopted by BiH in 1999; Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, together with additional protocols entered into force in BiH in 2006; and Directive 95/46/EC, transposed in BiH Law on personal data protection in 2006. Beside these, BiH adopted Directive 2002/58/EC in 2002, at the same time when new legislative framework designed to regulate the electronic communication sector. It is known as Directive on Privacy and electronic communications, and contains provisions on a number of sensitive topics, such as the keeping connection data for the purposes of police surveillance, the sending of unsolicited e-mail, the use of cookies and the inclusion of personal data in public directories (Directive on privacy, 2002). It also known as E-privacy Directive, as it mainly regulates important privacy issues in digital age, such as confidentiality of information, treatment of traffic data, spam and cookies (E-Privacy Directive, 2003). BiH also adopted Recommendation No. 15 and addition on Committee recommendation regulating the use of personal data in the police sector. The CoE Committee of Ministers recommends with it that the governments of Member States respect a series of principles concerning control and data collection, notification of automated files, storage, use and communication of data for police purposes, and rights of access, rectification and appeal to police files (CoE, 1987). Data Privacy Protection as Condition for BiH Visa Liberalization Most important factor that influenced data privacy environment in last 5 years obviously was condition to join EU. One of publicly most talked benefits of joining EU is freedom of travel, which more specifically means visa liberalization. Very hard and expensive ways of obtaining visa for most countries in the world have been frustration for BiH citizens almost 20 years. Getting advantage of traveling in EU without visa would certainly mean victory equal to becoming an actual EU member state. 678 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo BiH signed Stabilization and Association Agreement in June 2008 with European Communities and their member states, where Article 79 is dedicated to protection of personal data. This Article prescribe that ―Bosnia and Herzegovina shall harmonize its legislation concerning personal data protection with Community law and other European and international legislation on privacy upon the entry into force of this Agreement. Bosnia and Herzegovina shall establish independent supervisory bodies with sufficient financial and human resources in order to efficiently monitor and guarantee the enforcement of national personal data protection legislation.‖ (Stabilization and Association Agreement, 2008). One of the key conditions for BiH visa liberation is securing full respect for fundamental principles of data protection. This has been emphasized since Law on Personal Data Protection has been enacted in June 2006, and it has been driving force for drafting data privacy legislation until today. Seminars and trainings have been conducted since then, supported by European Commission and including European trainers, as it was not be realistic to expect visa liberalization regime without paying due attention to this issue. Project supporting Commission for BiH Data Protection, existed at that time, prepared seminars for specific sectors, like police, bank, health and telecommunications, but also public campaign. Enactment of the Law by the BiH Parliamentary Assembly has provided full compliance and implementation of European standards in the area of respect for fundamental human rights and freedoms, particularly the right to privacy. The Law also prescribed the establishment of the Agency, which should be engaged in supervision over the enforcement of Law and respect for privacy rights regarding breaches of personal data. However, although planned to be established immediately, the Agency started to function only in June 2008 (Kazagic, 2009). It had only three employees, director with two associates, until beginning of 2009. By the beginning of 2010, agency works still with insufficient capacities, and has only 16 employees, although Book of Rules on Internal Organization prescribed 45 employees (About the Agency, 2010). As additional indication of importance of data privacy protection for European integration process, there is a fact that Director of Agency, Petar Kovacevic, have been appointed as member of workgroup for liberalization of visa regime. The task of this group is working on requirements fulfillment of the recently presented the Roadmap, which including preparation of action plans of the Roadmap sections (Sjednica VijeĤa Ministara, 2009). According to September 2009 report of this workgroup for liberalization of visa regime, Personal Data Protection Agency is fully functional, while regulations on personal data protection are fully implemented (Interresorna radna grupa, 2009). The European Union show significant interest in increasing the level of data protection, especially in the sector of the police forces in BiH. In this regard, it has provided 250,000 Euros for the project "Support to the Personal Data Protection Agency of BiH". The project lasted from October 2009 to march 2010, and it is implemented by Personal Data Protection Agency Saxony in cooperation with BiH Agency. The project consisted of three activities: legislation analysis and harmonization of personal data protection legislation in accordance with the EU Standards; strengthening of institutional and human resources capacities of the Agency in order to enable it to fulfill its competencies; strengthening of awareness and capacities of public institutions processing personal data (European Union, 2009). This project, implemented by experts from Germany and Slovenia, has been evaluated as highly successful by EU Delegation in BiH. The result of the project is that legislation in the field of protection of personal data has been brought into full compliance with relevant EU standards (EU će budno pratiti, 2010). However, there are recently expressed diverse opinions about functionality of private data protection system in BiH. European Commission presented BiH with an updated assessment of the Roadmap implementation for visa liberalization in June 2009. It states, in part regarding personal data protection, that two tasks are still needed: - Measures to make the Data Protection Agency fully operational - Measures taken to ensure the implementation of the rules for personal data protection (European Commission, 2009). Even in the latest assessment (European Commission, 2010, p.35) of Bosnia and Herzegovina, Commission concludes again that no fully operational independent Data Protection Agency has been put in place yet, even though Director of the Agency was appointed in June 2008. Main critics have been directed to adoption of additional required by-laws, and ensuring implementation of the Law in all relevant areas. Having in mind these opposing views, the head of the EU Delegation in BiH, Dimitris Kurkulas, said recently that the EU will very closely monitor compliance with data protection in BiH, especially when it comes to liberalizing the visa regime (EU Ĥe budno pratiti, 2010). He emphasized importance of future cooperation in the international field in the area of data protection and information sharing, which requires the need to respect the rules and regulations concerning the protection of personal data. 679 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo Lack of Citizen’s Awareness of Data Misuse Misuse of personal data in BiH is notable for years. Each registration is risky, as usually there is no guarantee of privacy, or it is written in small letters that they have claim to your information. Data can be used only for the purpose for which they were collected, but those who collect data are not sufficiently aware of their legal obligations and keep them longer than they should. Every citizen in BiH has the right to submit a complaint to the Agency when one learns or suspects that one‘s personal data is unlawfully processed. There are complaints, but unfortunately, the awareness of citizens regarding personal data protection, and rights that derive from it, are on the same low level as before Law was enacted. There have been only ten complaints of citizens against data privacy violation until December 2009 (Kazagic, 2009). Agency is working on a campaign to improve this situation, and most evident was their campaign in late 2009 and beginning of 2010, when project of EU supporting development of Agency was implemented. Citizens of BiH are very often required to provide private data, from shopping centers to public institutions, and they get not used to resist it. Although citizens don‘t have sufficient awareness, still, those who demand their personal data are responsible for seeking and processing such data. Data collectors may use data only for the purpose for which it is collected, but arbitrary use of personal data exist. For example, citizens are forced to give a Unique Identification Number (UIN) for almost every little thing, and almost every paper form require this information. UIN is also called Unique Master Citizen Number, and it has similar purpose like Social Security Number in USA. Law on UIN precisely prescribe who can use this number, for what purpose, and if consent of citizen is required. It is interesting that Law on UIN listed BiH institutions of local government and entities having the right to use a UIN, but does not mention public companies, banks or shops, who usually request this number from citizens when payment is arranged in rates. ID card may be given for identification purpose, but prescribing or copying UIN number from ID card is against the law. This is why Agency requested modifying Law on Identity Card, and to prohibit from using copies. BiH Public Administration The recent information shows that public institutions are those who mostly undermine the right of BiH citizens on data privacy (Agencija zatražila, 2010). BiH legislation emphasize that personal data must be private property, and no public institution should use it without explicit permission in law. But in BiH practice it happens to be different. There are numerous cases of using personal data without required permission of citizen. Although Law exists for years, they behave against Law when it comes to dealing with citizens‘ UIN. Even further, more than three years from the enactment of Law in 2006, most of public institutions still didn‘t adopted sublegal regulations required by this Law. Public institutions are required, according to Article 11 of the Law, to adopt Book of Rules for Processing Personal Data, and Plan for Protection of Personal Data. Although there are penalty provisions, most public authorities failed to comply with the Law in this regard. It is assumed that legacy of the past political system made public authorities believe that they own and control data, including personal. Agency intends to protect citizens from these practices. They already initiated process to amend the Law on ID card, to include prohibition from using the copy of card, where possibilities of identity theft are noticeable (Krsman, 2009a). As further step, Agency recently announced implementation of misdemeanor warrants in order collecting fines that may go up to 100.000 KM. Most serious violations prescribed by Law are related to the processing and transfer of personal data into foreign countries, and such practice exist in BiH. Penalties are provided for violating the Law, and the Agency is still working on integrating into ―Sanctions Registry‖, which is precondition for imposing sanctions. No sanctions are imposed yet, although Law is enacted about 4 years ago, and violators are not penalized so far. First activities of the Agency have been focused on establishing functional inspection, and some urgent inspection control has been conducted in June 2009 over 20 public institutions, including police agencies and Ministry of Foreign Affairs. The condition of data privacy protection has been evaluated as ―unacceptable‖ (Kazagic, 2009) and certain public companies have been ordered to destroy databases of citizens‘ UIN‘s because they have no right to collect and keep such data. The next steps in 2010 in ensuring of data privacy are again focused on public administration and public companies. Agency has planned to establish main register with information about all databases containing private data in BiH public administration (Krsman, 2009a). 680 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo BiH Data Privacy Cases Agency found out that most common deficiencies in the processing of personal data are inherited practices, a lack of knowledge about regulations, lack of rules and procedures, and lack of plans for the protection of personal data (Institucije BiH, 2009). Following four cases reflect the data privacy protection deficiencies in BiH environment. All cases involve public administration or public enterprises. 1. When seeking the license for possession of the weapon in Sarajevo, a citizen come to Ministry of Interior (MoI) and apply, and then he is directed to next office where he is requested to bring Police Clearance Certificate. He is supposed to pay for obtaining this Certificate. However, Certificate is issued by MoI, same ministry that requested him to obtain the Certificate. Obviously, they could obtain requested data in ex-officio procedure, rather than requesting it from a citizen. And not just that citizen is obliged to seek from MoI and provide to MoI certificate about personal information, but also he has to pay 35KM tax for this data processing. Agency is of opinion that this practice must discontinue, and that determination of tax is not according to law (Krsman, 2009a). 2. Agency received a number of citizens‘ complaints that their unique identification numbers (UIN) and other confidential information are exposed to public eyes by Public Enterprise ―Elektroprivreda‖. The problem is raised more than year after Law is enacted, when citizens recognized illegally presented private data on their electricity bills. These bills are left in (or nearby) mailboxes in hallway of building, and they are not in envelopes, so every neighbor can read private data contained on bill. Irregular payers of utilities are sometimes listed on special notice in building hallway. This case ended by Decision of the Agency, dated 8th May 2009, that orders Elektroprivreda blocking and deletion of personal data (UIN) of electricity consumers. Elektroprivreda denied possibility of personal data abuse, even though they possess personally identifiable information (Krsman, 2009b). Rather than use of UIN, Agency advised public enterprises to use consumer codes. Public companies meanwhile changed the system of printing bills, and discontinued printing UIN. 3. Sarajevogas Company, main natural gas distributor, has similar disputable system of personal data processing like Elektroprivreda. Although they deny possibility of abuse, it is easy to obtain personal data of costumer by simply typing customer code on their website. This code is contained on customer‘s bill, often unprotected in residents‘ building hallway mailboxes, where postman leave it. The data reachable on Sarajevogas website with this code include UIN, name, address and monthly debts of the customer (Krsman, 2009b). 4. In April 2010, the nongovernmental organization Kroacija Libertas filed with State Investigation and Protection Agency criminal charges against editor of the political magazine ―60 Minutes‖, Bakir Hadziomerovic, and against other persons employed at Agency for ID documents (IDDEEA), due to violating the Law. The charges alleged that in the past year, journalists and editors in this political magazine of Federal television continuously published photos of people, information about time and place of birth, current residence, UIN and other information downloaded from the software of the IDDEEA, which is under the jurisdiction of the BiH Ministry of Civil Affairs. IDDEEA dismissed allegations that representatives of this institution provided Federal television journalists access to protected personal data of citizens. This Agency claim that all control mechanisms of data protection have been implemented and integrated into the system, according to European Commission‘s recommendation, so such leak of information is impossible. (Krivična prijava, 2010). This controversial case is still pending, with very serious charges of criminal and irresponsible behavior of journalists who provided strictly copyrighted and personal data to general public, while some of these data should have been preserved by the state of BiH and its institutions. Conclusion The importance of data privacy and the worldwide efforts in regulation of this area reflected in BiH as well, with considerable delay comparing with EU countries. Some of the factors for dramatic improvement of recent data privacy legislation are the same in BiH like in most other countries. First of all it is rapid expansion of the information technology and its usage in data management. Among key factors are also democratization processes which urge respect of human rights. Another factor is more regional, and it regards EU integration processes requiring legislation compliance. Finally, specific factor is environment based on ex political system legacy in BiH, which made these efforts challenging. BiH has aspiration to go towards EU integration with fast pace, and on this road it is trying to enact all regulations with full compliance with EU standards. Thus, it completely integrated general principles of European data privacy into the Law on Personal Data Protection of BiH, with special respect to EU Directive requirements which became world standard on promoting data privacy protection. Personal Data Protection Agency of BiH is working hard to implement these regulations, but the practice of personal data misuse transferred from old system is hard to eliminate. Recent cases illustrate inability of easy 681 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo implementation of data privacy protection, and its application is far from being satisfactory. Relevant independent international reports prove that additional efforts are needed for data privacy regulation functioning in practice. To make a progress in data privacy protection, BiH need to raise awareness of data subjects, first of all citizens, who still don‘t hesitate to give in their personal data when inquiring certain benefits. Then it needs to raise awareness of public administration and public enterprises which are still among most serious violators. Public administration demonstrated its commitment to the unacceptable practice of being comfortable in collecting and having control over citizen‘s personal data. And lastly, BiH needs judicial system that will ensure efficient trial of data privacy violations, to eliminate practice of recent cases, where violators passed unpunished. References About the Agency. (2010). Personal Data Protection Agency of BiH. Retrieved May 8, 2010, from http://www.azlp.gov.ba/index.php?type=1&a=pages&id=1 Agencija zatražila izmjene Zakona o ličnoj karti [The agency has requested amendments to the Identity Card Law]. (2010, February 8). Retrieved May 8, 2010, from http://www.24sata.info/vijesti/dogadjaji/25860-Agencija-zatrazila-izmjene-Zakonalicnoj-karti-drzava-gradjanima-krade-licne-podatke.html Bennett, C.J., & Raab, C.D. (1997). The adequacy of privacy: The European Union Data Protection Directive and the North American Response. Information Society, Jul-Sep97, Vol. 13, Issue 3. Brown, D.H., & Blevins, J.L. (2002). The Safe-Harbor Agreement Between the United States and Europe: A Missed Opportunity to Balance the Interests of E-Commerce and Privacy Online. Journal of Broadcasting & Electronic Media, Dec2002, Vol. 46 Issue 4. Council of Europe. (1950). Convention for the Protection of Human Rights and Fundamental Freedoms. Retrieved from http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=005&CL=ENG Council of Europe. (1981). Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. Retrieved from http://conventions.coe.int/Treaty/EN/Reports/HTML/108.htm Council of Europe. (1987). Summary of the Committee of Ministers Recommendation No. R(87) 15 to the Member States on regulating the use of personal data in the police sector. Retrieved from http://polis.osce.org/library/details?doc_id=2670&_ru=%2Flibrary%2Fdetails%3Fdoc_id%3D2658 Council of Europe. (1995). Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Official Journal L 281 of 23.11.1995. Retrieved from http://ec.europa.eu/justice_home/fsj/privacy/docs/95-46-ce/dir1995-46_part1_en.pdf and http://europa.eu/legislation_summaries/information_society/l14012_en.htm Directive on privacy and electronic communications. (2002, July 12). Directive 2002/58/EC of the European Parliament and of the Council of concerning the processing of personal data and the protection of privacy in the electronic communications sector. Official Journal L 201 of 31.07.2002. Retrieved from http://europa.eu/legislation_summaries/information_society/l24120_en.htm E-Privacy Directive, The. (2003). Freshfields Bruckhaus Deringer, November 2003. Retrieved from http://www.freshfields.com/publications/pdfs/practices/7078.pdf EU Ĥe budno pratiti poštivanje zaštite ličnih podataka [EU will closely monitor compliance with data protection]. (2010, March 23). Retrieved May 8, 2010, from http://www.nezavisne.com/dogadjaji/vijesti/55789/EU-ce-budno-pratiti-postivanje-zastitelicnih-podataka.html 23.03.2010 European Commission. (2009). Annex of the updated assessment of the implementation by Bosnia and Herzegovina of the roadmap for visa liberalisation. Retrieved from http://www.esiweb.org/rumeliobserver/wp-content/uploads/2009/07/detailedconditions-for-bh.pdf European Commission. (2010, April 19). Updated Assessment of the implementation by Bosnia and Herzegovina of the roadmap for visa liberalization. Retrieved from http://www.esiweb.org/pdf/White%20List%20Project%20Paper%20%20Bosnia%20assessment%2019%20April%202010.pdf 682 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo European Court of Human Rights. (2007). Case of Copland v. United Kingdom. (2007) 45 EHRR 37, [2007] ECHR 253. Retrieved from http://www.bailii.org/eu/cases/ECHR/2007/253.html European Union provided 250.000 euro for the project ―Support to the Personal Data Protection Agency in BiH‖. (2009, October 14). Retrieved from http://www.delbih.ec.europa.eu/?akcija=vijesti&akcija2=pregled&jezik=2&ID=539 Federal Trade Commission. (2007). Fair Information Practice Principles. Retrieved from http://www.ftc.gov/reports/privacy3/fairinfo.shtm General Assembly of the United Nations. (1948, December 10). The Universal Declaration of Human Rights. Retrieved from http://www.un.org/en/documents/udhr/ Gilbert, F. (2003). Privacy Laws - An Overview. IT Law Group. Retrieved from http://www.itlawgroup.com/Resources/Publications/PrivacyOverview.html Herold, R. (2002). Overviews of Privacy-Related U.S. Laws and Regulations. The Privacy Papers: Managing Technology, Consumer, Employee, and Legislative Actions. Boca Raton, FL: CRC Press LLC. Information Commissioner‘s Office. (1998). Data Protection Act. United Kingdom legislation. Retrieved from http://www.ico.gov.uk/what_we_cover/data_protection.aspx Institucije BiH nezakonito traže uvjerenje o nekažnjavanju [Institutions of BiH illegally seeking a certificate of no criminal record]. (2009, December 19). Retrieved May 8, 2010, from http://www.radiosarajevo.ba/content/view/17128/63/ Interresorna radna grupa za pregovore o liberalizaciji viznog režima za građane Bosne i Hercegovine. (2009). Izvještaj o izvršavanju Plana aktivnosti za ispunjavanje preostalih obaveza iz Mape puta za liberalizaciju viznog režima za period 15.07.2009. – 07.09.2009. [Report on implementation of Action Plan for fulfilling the remaining commitments under the Roadmap for the liberalization of visa regime for the period 15.07.2009. – 07.09.2009]. VijeĤe Ministara BiH, Sarajevo, 07.09.2009. p.31-32. Kazagic, E. (2009, December 18). Zaštita ličnih podataka [Protection of Personal Data]. Retrieved from http://www.hayat.ba/vijesti/hayat-vijesti/14182-zatita-linih-podataka Krivična prijava protiv Bakira HadžiomeroviĤa [Criminal charges against Bakir Hadziomerovic]. (2010, April 20). Retrieved May 8, 2010, from http://www.nezavisne.com/dogadjaji/vijesti/58256/Krivicna-prijava-protiv-Bakira-Hadziomerovica.html Krsman, N. (2009a, December 22). Petar KovačeviĤ: Lični podaci su svojina građanina, a ne države [Petar Kovacevic: Personal data is the property of the citizen, not a state]. Retrieved May 8, 2010, from http://www.nezavisne.com/dogadjaji/intervju/50803/Petar-Kovacevic-Licni-podaci-su-svojina-gradjanina-a-ne-drzave.html Krsman, N. (2009b, February 06). Lični podaci dostupni u haustoru [Personal data available in the hallway]. Retrieved May 8, 2010, from http://www.nezavisne.com/dogadjaji/vijesti/36589/Licni-podaci-dostupni-u-haustoru.html Law on Protection of Personal Data. (2006). Official Gazette of Bosnia and Herzegovina 49/06. Comments retrieved from http://www.esiweb.org/pdf/schengen_white_list_bosnian_visa_breakthrough.pdf p.52 Official Gazette of Bosnia and Herzegovina. (1999, 2004, 2009). No. 6/99, 7/04, 51/09, 52/09, 67/09 and 76/09. Organization for Economic Co-operation and Development. (1980, September 23). Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. Retrieved May 8, 2010, from http://www.oecd.org/document/18/0,3343,en_2649_34255_1815186_1_1_1_1,00.html Reding, V. (2010, January 28). Europeans' Privacy will be big challenge in next decade. European Commission‘s press release IP/10/63. Retrieved May 8, 2010, from http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/63 Robinson, N., Graux, H., Botterman, M., & Valeri, L. (2009). Review of the European Data Protection Directive. Information Commissioners Office (ICO), UK. Santa Monica, CA: RAND Corporation. Retrieved from http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/review_of_eu_dp_directive.pdf Safe Harbor. (2000). US-EU Safe Harbor Framework. US Department of Commerce. Retrieved from http://www.export.gov/safeharbor/ 683 �2nd International Symposium on Sustainable Development, June 8-9 2010, Sarajevo Secretary's Advisory Committee on Automated Personal Data Systems. (1973, July). Records, Computers and the Rights of Citizens. Retrieved May 8, 2010, from http://aspe.hhs.gov/DATACNCL/1973privacy/tocprefacemembers.htm Sjednica VijeĤa Ministara. (2009, July 21). Održana 10. tematska sjednica VijeĤa ministara BiH [10th thematic session of the Council of Ministers held]. Council of Ministers press release. Retrieved May 8, 2010, from http://www.vijeceministara.gov.ba/saopstenja/sjednice/saopstenja_sa_sjednica/?id=8782 Stabilization and Association Agreement between Bosnia and Herzegovina and the European Communities and their member states. (2008). Retrieved May 8, 2010, from http://www.dei.gov.ba/bih_i_eu/ssp/doc/Default.aspx?id=2952&pageIndex=1 Staples, W.G. (2007). Encyclopedia of privacy. Westport, CT: Greenwood Press. 684 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Extent The size or duration of the resource. 263 Title A name given to the resource Legal Discussions in Data Privacy and the Environment in Bosnia- Herzegovina Author Author SAMİR, Husic KUTLUK, Ozguven Abstract A summary of the resource. Dramatic increase in importance of data privacy came with advance of information technology. Global domination of information exchange is forcing governments to establish international standards and regulatory mechanisms in order to protect data privacy. These efforts resulted in general principles of data privacy, which have been widely accepted, but also difficulty for diverse legislations. While Europe has highly developed and human rights oriented data privacy regulations, USA has less regulated and business enhancing oriented approach. Such discrepancy resulted in continious international discussions and agreements towards regulation‘s harmonization. Data privacy regulations in BiH has radical boost recently. The main push was protection of data privacy as condition for visa liberalization with EU countries, making BiH data privacy in full compliance with EU standards. However, when it comes to practical application, there‘s significant amount of data privacy interference and lack of awareness, while most serious breaches are conducted by public administration. Date A point or period of time associated with an event in the lifecycle of the resource 2010-06 Keywords Keywords. Conference or Workshop Item PeerReviewed HB Economic Theory