(a) Notwithstanding any other provision of law, bilingual education shall be defined as a system of instruction which builds upon the language skills of a pupil whose primary language is neither English nor derived from English. For purposes of this paragraph:
(1) "Primary language" is a language, other than English or a language derived from English, which is the language the pupil first learned.
(2) "Derived from English" means any dialect, idiom, or language derived from English. Both of the following shall be construed as being derived from English:
(A) Any dialect, idiom, or language that has linguistic roots connected to English.
(B) Any dialect, idiom, or language that has a syntax distinct from English, yet can be traced linguistically as derived from English.
(b) A school district shall not utilize, as part of a bilingual education program, state funds or resources for the purpose of recognition of, or instruction in, any dialect, idiom, or language derived from English, as defined in paragraph (1).
(Amended by Stats. 2001, Ch. 745, Sec. 9.)