master plan for english learners - … · master plan for english learners grades k-12 evergreen...

MASTER PLAN FOR

ENGLISH LEARNERS Grades K-12

Evergreen Union School District

(Date Board Approved) (Date Revised)

August 2016 January 9, 2017

2 MMAASSTTEERR PPLLAANN FFOORR EELLLL SSTTUUDDEENNTTSS

TABLE OF CONTENTS Part I: Program Design……………………………………………………………………… 3

Part I: Initial Identification ............................................................................................ 5

Assessment ................................................................................................................ 5

Placement of Students ............................................................................................... 6

Parent Notification ...................................................................................................... 6

Parental Exception Waivers........................................................................................ 7

Part II: Instructional Program (K-12) ........................................................................... 7

Class Composition ...................................................................................................... 7

English Language Development (ELD) ...................................................................... 7

Criteria for implementing language enrichment classes ............................................. 8

Instructional Delivery Models (K-5) ............................................................................. 8

A. Bilingual Classroom Model .................................................................................... 8

B. Clustered Classroom Model .................................................................................. 8

Instructional Delivery Models (6-12) ........................................................................... 9

A. Regular Classroom Model ..................................................................................... 9

B. Sheltered Content Area Classes ........................................................................... 9

C. English as a Second Language Model Program ................................................... 9

Additional Instructional Support .................................................................................. 9

Assisting Students in Recouping Academic Deficits ................................................... 9

Part III: Staffing and Professional Growth ................................................................ 10

Staffing ..................................................................................................................... 10

Training .................................................................................................................... 10

Part IV: Reclassification ............................................................................................. 11

Reclassification Team .............................................................................................. 12

Part V: Parental Involvement ..................................................................................... 13

District English Learner Advisory Committee (DELAC) ............................................ 13

School English Learner Advisory Committee (ELAC) ............................................... 13

Part VI: Evaluation ...................................................................................................... 14

Part VII: Special Needs ............................................................................................... 14

Appendix

Attachment A: Evergreen Bilingual Program Flow Chart ............................................. Attachment B: Multi-Year Program Design for ELL Students ...................................... Attachment C: Office for Civil Rights ........................................................................... Attachment D: Sample Forms and Parent Notification Letters ....................................


Program Design

The purpose of the English learner program is to develop language acquisition through speaking, listening, reading, and writing for students whose primary language is not English. The plan enhances students’ self‐ esteem, promotes cross‐ cultural understanding, and provides equal opportunity for academic achievement, including primary language support when necessary. Regular education classes and staff are included in the Evergreen School District Master Plan for English learners to ensure the commitment of all personnel to provide the best possible educational services for English Language Learner (ELL) students.

Goals: To ensure that ELs succeed academically

Develop students’ English fluency in speaking, listening, reading and writing.

Provide continuous and summative evaluation of the EL program and make revisions as necessary including EL guidelines for report card evaluation, promotion, and retention.

Ensure that all ELs are provided instruction following District and State adopted English language arts, English Language Development (ELD), mathematics, social studies, and science standards.

To provide a quality EL program for all students

Ensure equal access to the CA Standards to encourage academic success through Structured English Immersion (SEI), English Language Mainstream (ELM), or Alternative Bilingual programs.

To provide students acquiring English equal access to the CA Standards

Group students within classrooms to provide appropriate differentiated instruction.

Provide primary language support when necessary. ·

Provide students with an effective program as they transition into English academic instruction.

Provide instruction based upon District and State adopted standards.

To provide students daily English Language Development (ELD) so they can acquire English fluency and literacy necessary for academic success.

Provide professional learning on effective ELD strategies and techniques.

Provide continuous assessment of second language acquisition progress. To ensure that ELs receive educational services from properly qualified and credentialed staff.

Employ Highly Qualified certificated and classified staff.

Provide ongoing professional learning options for certificated and classified staff.


To encourage parent participation and involvement in the education of their children.

Establish clear communication channels between the district, home, and community.

Provide parents with oral interpretation and written translation to ensure equal access to information according to State guidelines.

Provide parents of English learners opportunities to become involved on school committees such as School Site Council (SSC), English Language Advisory Committee (ELAC), and District English Language Advisory Committee (DELAC).

English Learner Enrollment (Fall Census 2016)

School EL Number

Bend 5

Elementary 23

Middle 18

CDS 0

EIE 3

Language Distribution for English Learners

Language Number of EL Learners

Spanish 41

Hmong 6

Lao 2

Gujarati 0


PPAARRTT II:: IINNIITTIIAALL IIDDEENNTTIIFFIICCAATTIIOONN Registration in Evergreen Union School District will include the completion of the state mandated Home Language Survey. If the answer to any of the questions on the Home Language Survey is a language other than English, the student will be referred for English and primary language assessment. (E.C. 62002) Potential English Learners in grades K-8 are tested according to District-approved criteria for the initial identification. (See Appendix, Attachment A)

A. ASSESSMENT

1. The CELDT (California English Language Development Test) will be used as the

primary indicator of English proficiency for the initial identification of English Learners. The CELDT will identify students who are English Learners and will determine the level of English proficiency. The five proficiency levels are Beginning, Early Intermediate, Intermediate, Early Advanced, and Advanced Testing will occur within 30 days of initial enrollment, or prior to class placement when possible. Testing includes Listening/Speaking, Reading and Writing. The District may score tests for initial identification on site prior to sending completed booklets to contractor to ensure appropriate placement then submit completed tests to contractor monthly for official scoring.

Annual Assessment The CELDT will also be used annually to assess the progress of English Learners in acquiring listening, reading, speaking, and writing skills in English until they are reclassified as Fluent English Proficient.

2. The LAS (Language Assessment Scales) will be used as the primary indicator of

the primary language proficiency for the initial identification of English Learners. It will determine the level of primary language proficiency. The student will be assessed for primary language proficiency within 90 days of initial enrollment. For Grades K-1, testing includes Oral Language only. Grades 2-8, testing includes Oral Language, Reading, and Writing.

3. Based on test results, students receive a language designation that is considered

for placement, instruction, and further assessment. In consultation with the student’s parents, a recommendation for placement is recorded.

Students will receive an overall score identifying their English proficiency level according to the State ELD standards.

Student also will receive scores listing the proficiency levels for each English test component: speaking/listening, reading, and writing.

Student will also receive scores listing the proficiency levels for each primary language component: speaking/listening, reading, and writing.

4. An ELL Student Folder shall be maintained for each ELL. An ELL folder should

be established as soon as initial testing is completed. The purpose of the folder is to assist the teacher, parent, and school and district administrators with program placement and development, student monitoring, and reclassification. The following items are placed in the ELL folder:


1. the Home Language Survey 2. copies of parent notification letters 3. at the time of reclassification, the reclassification check sheet and

reclassification form

B. PLACEMENT OF STUDENTS

1. Structured English Immersion Program (SEI) English Learners are placed in a Structured English Immersion (SEI) program classroom unless a Parental Exception Waiver has been granted for an Alternative Bilingual Education (ABE) Program or the parent has requested another program. When the student’s language designation (NEP or LEP1) is less than advanced, based on the District’s initial identification criteria, he/she is recommended to be placed in an SEI classroom for a period not normally intended to exceed one year.

2. English Learner Mainstream Program (ELM)

English Learners with an advanced (reasonable fluency or LEP2) language designation are placed in an English Learner Mainstream program classroom. A parent may request to have a student moved into an English Language Mainstream classroom at any time, regardless of language proficiency level.

3. Alternative Bilingual Education Program

English Learners who have been granted a Parental Exception Waiver are placed in District Alternative Bilingual Education program classrooms. Schools must offer ABE programs. When 15 or more students at any grade level in a school receive granted Parental Exception Waivers, the School/District must provide additional bilingual classrooms.

C. PARENT NOTIFICATION

Parents of all assessed students will be given:

Written notification of the results of their student’s English and primary language assessment, in the primary language, within 30 days after the beginning of the school year.

An explanation of the District programs for English Learners (Structured English Immersion, English Language mainstream, and Alternative Bilingual Education).

An opportunity to apply for a waiver or to refuse the placement of their child in an English as a second language program, since such programs are voluntary according to Education Code 62002.

D. PARENTAL EXCEPTION WAIVERS

1. In accordance with the California Education Code, parents receive a written and oral explanation of their rights to request a waiver at the school site. District


waiver procedures contain clear and full descriptions of educational program options, including Alternative Bilingual Education (K-8), Structured English Immersion (K-8) and Mainstream (K-8). Waivers are required for all District designated Alternative Bilingual Education program classrooms (a minimum of 15 granted waivers are needed for each bilingual classroom). By the nature of these waivers, bilingual teachers have the right and are expected to instruct in Spanish in all the core areas.

PPAARRTT IIII:: IINNSSTTRRUUCCTTIIOONNAALL PPRROOGGRRAAMM ((KK--88))

Schools implement an instructional approach in accordance with legal requirements. School sites choose one or more approaches that best meet the needs of the student population as outlined below:

1. Class Composition: A classroom is composed of English Language Learners in which the students

receive core curriculum instruction (Language Arts and/or Math, Science, Social Studies) based on their needs. The remainder of the instructional time (excluding recess) is spent with English only students, at an optimal class ratio of one-third ELL, and two-thirds English only when possible. (See Appendix, Attachment B)

2. English Language Development (ELD):

Under the new California State Standards, all students, including English learners, will be held to demanding content and language standards. Care will be taken so that ELs have the support they need to acquire the skills and language for career and college readiness. Staff will continue to receive training on how to use the newly adopted California Standards in alignment with the corresponding ELD Standards to help ELs meet rigorous content and language goals.

6 basic instructional delivery standards for ELD instruction K‐ 12:

1. Each EL student is to receive daily ELD instruction that develops proficiency leveled social and academic language.

2. Students are to be grouped for instruction by English proficiency level.

3. ELD instruction at each grade level is to address CA ELD Standards: Collaborative, Interpretative, and Productive Interactions; Structuring Cohesive Texts, Expanding and Enriching Ideas, and Connecting and Condensing Ideas.

4. Teachers are to utilize the ELD standards for planning lessons.

5. Teachers are to monitor the ELD progress of each English learner using summative and formative assessments.


6. Students who are not making adequate progress are to receive Tier Two “catch‐ up” intervention services in addition to Tier One ELD instruction.

A number of assessments are used to track our students’ progress through the ELD Standards. These assessments include, but are not limited to:

1. Formative assessments

2. Writing samples

3. Oral language assessments

3. Criteria for Implementing Language Enrichment Classes: Annual assessment by Bilingual Coordinators and bi-annual review by LAT

(Language Appraisal Team) will determine the need and location of classes. Requirements and components of the language enrichment class will include:

Daily English language development designed for non-native language speakers.

Clustered instructional approaches for core curriculum, and a structured approach to reading and literature.

Primary language assistance for basic skills instruction to sustain academic achievement.

INSTRUCTIONAL DELIVERY MODELS (K-5)

A. BILINGUAL CLASSROOM MODEL

In a self-contained classroom program, the teacher is responsible for the instruction of English Language Learner and native English speaking students in all curricular areas. Requirements-Components:

Daily English language development activities.

Primary language instruction to teach basic skills, sustain academic achievement and prevent academic deficits.

Structured activities which promote cross-cultural understanding and enhance self image.

B. CLUSTERED CLASSROOM MODEL

The language enrichment classroom is a self-contained class of one or more grade levels designed to provide the English language learners with a rich language based curriculum. This model requires a team teaching approach to instruction. All students are heterogeneously grouped in classrooms. Students are regrouped for core curriculum (Language Arts, and/or Math, History/Social Science, Science) instruction in their primary language provided by an appropriately credentialed teacher. Instruction in other subject areas is provided through Specially Designed Academic Instruction in English (SDAIE).


INSTRUCTIONAL DELIVERY MODELS (6-12) A. REGULAR CLASSROOM MODEL

Requirements-Components:

ELL students exiting any ESL program require cluster/sheltered teaching techniques to provide equal access to the core curriculum.

Primary language support will be provided when necessary to sustain academic achievement.

Activities that will promote cross-cultural understanding and the development of a positive self-image shall be provided.

B. SHELTERED CONTENT AREA CLASSES

Requirements-Components:

A sheltered content class will consist of only ELL students who are acquiring English proficiency and need the support to access the core curriculum and prevent academic failure.

ELL students will be provided with equal access to the core curriculum.

Primary language tutors will be an essential part of the teaching team.

Core curriculum classes will be taught using appropriate second language instructional strategies.

The content area class curriculum will be sheltered second language acquisition methodologies.

C. ENGLISH AS A SECOND LANGUAGE MODEL PROGRAM (6-12)

Requirements-Components: A specialized ESL program will focus on developing speaking, listening,

reading, and writing skills for ELL students who are in the beginning stages of English acquisition. Tutors and/or bilingual paraprofessionals will be provided when necessary to ensure access to the core curriculum.

Additional Instructional Support K-12 English Learners who are not meeting grade level standards must be provided additional academic support in order to improve academic achievement. This support will be provided in the appropriate language according to program placement. Assisting Students in Recouping Academic Deficits The State and Federal regulations require that an intervention plan must be implemented to assist English Learners while they are acquiring English. The District-developed intervention plan must be implemented to assist English Learners to recoup academic deficits incurred while learning English. Schools must utilize a variety of extended learning opportunities to provide additional support. Extended


learning opportunities may include one or more of the following: before school/intersession programs, extended day activities, and/or intensified strategies that facilitate student mastery of the district grade level standards.

PPAARRTT IIIIII:: SSTTAAFFFFIINNGG AANNDD PPRROOFFEESSSSIIOONNAALL GGRROOWWTTHH State and Federal laws require that all teaching personnel assigned to provide instruction to English Learners are qualified to provide the appropriate instructional services including ELD, SDAIE, and primary language. In addition, the district must provide an in-service training program that results in qualifying existing and future personnel to provide appropriate instructional services to English Learners. A. STAFFING

1. Language enrichment cluster classes must be taught by teachers who possess a bilingual credential, CLAD certificate, have been trained in accordance with SB1969, or are in the process of being trained.

B. TRAINING

1. The State requires teachers of EL students to meet specific credential requirements. These include skills in bilingual methodology, knowledge of the culture of the students that they teach, and strategies for making content accessible to EL students.

2. Teachers who need to obtain appropriate certification may participate in training

through the County Office of Education and/or local colleges or universities. 3. SB 1969 certification training has been provided by a joint effort between the

Tehama County Department of Education and the districts. SB 395 training is currently being developed to replace SB1969 certification. Teachers receiving this authorization can teach English Learners in SEI and Mainstream programs using ELD/SDAIE techniques at the elementary level. At the secondary level, teachers with these certificates may provide SDAIE in the academic courses with the exception of English Language Development (ELD) classes.

4. All teachers shall be provided with on-going training opportunities that include,

but are not limited to, the following:

Strategies to assist students in the development of a positive self-image.

Cross-cultural understanding.

English Language Development teaching methodology (ELD).

Specially Designed Academic Instruction in English (SDAIE).

Bilingual cross-cultural teaching methodology.


PPAARRTT IIVV:: RREECCLLAASSSSIIFFIICCAATTIIOONN Students may be considered for Reclassification when they are achieving at or above their grade level. Administrator, teachers, or parent recommendation is necessary for Reclassification to be conducted on English Language Learner students. Reclassified students will be monitored to ensure that they are making adequate academic progress. These students will be considered for Reclassification to Fluent English Proficient, (R-FEP), after reviewing the following criteria: 1. Students probably should be classified as Fluent English Proficient if they achieve:

an overall proficiency level of Early Advanced or above AND

proficiency levels of Intermediate or above in all three test components (listening/speaking, reading, writing)

2. According to teacher observation of the student’s oral English proficiency, the

student can demonstrate sufficient understanding and speaking fluency to function and compete in an English-only environment, with a total score of 19 or better on the SOLOM.

3. English Learners must meet all the District Reclassification criteria to be reclassified.

When one of the prescribed criteria items cannot be met, the Language Appraisal Team (LAT) may recommend Reclassification and support services. English Learners with disabilities can be reclassified at the IEP meeting only when a credentialed person trained in second language acquisition and knowledgeable about the District Reclassification criteria agrees to the recommendation. Special needs students not able to meet the District’s reclassification criteria must be recommended by the Language Appraisal Team for reclassification.

4. Written language proficiency score of “proficient” or “advanced” as indicated by a

writing sample provided by the teacher. 5. Teacher judgment – student meets or exceeds above criteria 6. The student’s parent or guardian must be notified, either through a conference or

written communication, giving them the opportunity to review the student’s performance and provide input on the Reclassification decision.

7. Recommendation of the Reclassification Team that the student has acquired

sufficient language skills to succeed in an English-only classroom. RECLASSIFICATION TEAM The Language Appraisal Team (LAT) will meet twice a year or more often if requested. They will review each ELL student’s progress and recommend Reclassification or other necessary options as required to maintain or improve the student’s academic progress.


1. The Reclassification Team will monitor a follow-up plan for each Reclassified student for a period of at least two years.

2. Review each Reclassified student’s progress at the following intervals each year:

first trimester, third trimester. 3. All students will be reviewed for Reclassification if overall CELDT proficiency is Early

Advanced or above AND Proficiency levels of Intermediate or above in all three test components (listening/speaking, reading, writing).

4. When a Reclassified or ELL student is not making adequate progress or is being

considered for a Student Study Team or for retention, a member of the Reclassification Team will be notified and will attend that meeting.

5. The Reclassification Team can make recommendations for class/grade placement.


PPAARRTT VV:: PPAARREENNTTAALL IINNVVOOLLVVEEMMEENNTT The District strongly supports the involvement of all parents, including those parents of English Learners, in the educational process of their children. Research continues to show evidence of benefits that parent involvement brings to the academic achievement of students. English Learner Advisor Committees at both the school and district levels (when needed based on the # of students) provide an integrated school staff, parent and community group to ensure the EL program is well planned, effectively implemented, and successful in achieving its goals for ELs. A. DISTRICT ENGLISH LEARNER ADVISORY COMMITTEE (DELAC)

The California Department of Education requires that districts having 51 or more English Learners must form a functioning advisory committee to represent all English Learners. The English Learners and Support Programs department coordinates this committee and ensures that composition requirements, elections, tasks, and training requirements are met. There are nine monthly general sessions on a yearly basis. These sessions are preceded by planning meetings. In addition, during the months when there are no general sessions, DELAC officers meet with department and district personnel to discuss issues related to the education of English Learners and other pertinent items.

B. SCHOOL ENGLISH LEARNER ADVISORY COMMITTEE (ELAC) Each school site with 21 or more English Learners must form a functioning English

Learner Advisory Committee or subcommittee of an existing advisory committee. In order to combine ELAC with the School Site Council or existing committee, the school must have established a functioning ELAC prior to this committee. Minutes of this agreement must be kept on file for two years. Composition requirements, elections, major tasks, and training must meet state requirements described in the Coordinated Compliance Review (CCR) manual. It is required by the state that the ELAC advises (reviews and comments) on four tasks:

1. Development of a detailed master plan for English Learner education for the

individual school. 2. Development of the school’s needs assessment. 3. Administration of the school’s annual language census. 4. Ways to make parents aware of the importance of regular school attendance.

Minutes of meetings where these items are on the agenda need to reflect the discussions held.


PPAARRTT VVII:: EEVVAALLUUAATTIIOONN A. The progress of English Language Learner students will be measured by means of

the following assessment instruments when appropriate:

1. The CELDT will be administered annually to assess the progress of English Learners in acquiring listening, reading, speaking, and writing skills in English until they are reclassified to Fluent English Proficient.

2. Grades 3-11: CAASPP, District Language Arts and Math Standards

Assessments/CBM/SBM/and a writing sample.

B. Academic Performance Index (API) targets or equivalent measures connected with

CAASPP Assessments will be presented to the ELAC and progress monitored and discussed. End of the year reports will be part of the regular School Site Council evaluation.

PPAARRTT VVIIII:: SSPPEECCIIAALL NNEEEEDDSS ELL students shall be provided with fair and equal access to special services such as: GATE, Special Education, Title I, Alternative Education, and extra curricular activities.


ATTACHMENT A


ATTACHMENT B

Multi-Year Program Design for ELL Students

Instructional Program for ELL Students

English Language

Proficiency Levels

English

Language Develop-

ment

Primary

Language

Specially Designed Academic Instruction In English

Mainstream

English

Self-Image and Cross-

Cultural Instruction

F E P

Fluent English

Proficient (Reclassifie

d)

N/A

N/A

N/A

Any

Subjects(s)

Optimal

E

Advanced

ELD

Language Arts & History- Social Science

Science and Elective(s)

Mathematics

Art, Music And

Physical Education

Instruction shall be integrated within subject-matter classes

L

Intermediate

ELD

Language Arts, *Science, & *History- Social Science

*Science *History & Social Science Mathematics, Art, Music & Physical Education

Art, Music * Science * History/ Social Science Physical Education

L

Beginning

ELD

Language Arts, Mathematics *Science and *History- Social Science

Art, Music *Science *History & Social Science And Physical Education

Art, Music * Science * History/ Social Science Physical Education

*Grades K-5 – Students will receive indicated curriculum areas, in instructional programs,

based upon ability as determined by core teachers.


ATTACHMENT C

OFFICE FOR CIVIL RIGHTS U.S. DEPARTMENT OF EDUCATION

The office for Civil Rights (OCR) enforces five federal statutes that prohibit discrimination in programs and activities receiving federal financial assistance from the Department of Education (ED). Discrimination on the basis of race, color, and national origin is prohibited by Title VI of the Civil Rights Act of 1964; sex discrimination, including sexual harassment, is prohibited by Title IX of the Education Amendments of 1972; discrimination on the basis of disability is prohibited by Section 504 of the Rehabilitation Act of 1973 and Title II of Americans with Disabilities Act of 1975. OCR also assists other departmental offices in ensuring that federal financial assistance administered by those offices is consistent with federal civil rights laws. OCR has authority to enforce these laws in all programs and activities that receive funds from ED. These include programs and activities operated by institutions and agencies, such as state education agencies, elementary and secondary schools, colleges and universities, vocational schools, vocational rehabilitation agencies, libraries, and museums. OCR investigates complaints filed by individuals, or their representatives, who believe that they have been discriminated against because of race, color, national origin, sex, disability, or age. It also initiates compliance reviews of recipient institutions and agencies, and monitors the progress in eliminating discriminatory practices of institutions and agencies that are implementing plans negotiated by OCR. OCR attempts to resolve compliance problems through negotiation. However, if unable to do so, OCR initiates the actions necessary to enforce the law. OCR also offers technical assistance to help recipients and other customer groups voluntarily comply with civil rights laws and to inform citizens of their rights under these laws. As part of its technical assistance activities, OCR distributes information and materials and provides consultations on the requirements of the civil rights laws under its authority. OCR maintains a headquarters office in Washington, D.C. and ten regional offices. For more information about the civil rights laws enforced by OCR, how to file a complaint, or how to obtain technical assistance, contact the San Francisco Regional Office for Civil Rights at the address listed below. The San Francisco Regional Office for Civil Rights conducts civil rights activities throughout the state of California.

U.S. DEPARTMENT OF EDUCATION

OFFICE FOR CIVIL RIGHTS SAN FRANCISCO REGIONAL OFFICE

REGION IX

CALIFORNIA U.S. Department of Education

Office for Civil Rights 50 United Nations Plaza, Room 239

San Francisco, California 94102-4102 (415) 556-4275; TDD (415) 437-7786

General Inquiries: (415) 556-4275

FAX: (415) 437-7783

THE PROVISION OF AN


EQUAL EDUCATION OPPORTUNITY TO LIMITED-ENGLISH PROFICIENT STUDENTS

U.S. Department of Education

Office for Civil Rights Washington, D.C. 20202-1328

Revised September 1998

INTRODUCTION In recent years, there has been a surge of immigrants with limited English language skills to the United States. In addition, many children of immigrant parents and children who are Native American and Alaskan Native enter school with limited ability to learn in English. The U.S. Department of Education (ED) estimates that there are 2.4 million national-origin minority school children who have limited English language skills which affect their ability to participate effectively in education programs and achieve high academic standards. The insufficient English language proficiency of these students often results in classroom failure and school drop-out. Many students either are ill-equipped for higher education or lack the required skills to obtain productive employment. To resolve these problems, students must have an equal opportunity to benefit from education programs offered by their school districts.

TITLE VI REQUIREMENTS

The Office for Civil Rights (OCR) within ED has responsibility for enforcing Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. Schools, colleges and other institutions receiving federal financial assistance cannot, on the basis of race, color, or nation origin:

provide services, financial aid, or other benefits that are different or provide them in a different manner;

restrict an individual’s enjoyment of an advantage or privilege enjoyed by others;

deny an individual the right to participate in federally assisted programs; and

defeat or substantially impair the objectives of federally assisted programs. These Title VI regulatory requirements have been interpreted to prohibit denial of equal access to education because of a student’s limited proficiency in English. Title VI protects students who are so limited in their English language skills that they are unable to participate in or benefit from regular or special education instructional programs.


OCR TITLE VI POLICY

ON LANGUAGE MINORITY STUDENTS

During the late 1960s, OCR staff became aware that many school districts made little or no provision for students who were unable to understand English, even though there were substantial numbers of these students enrolled in their districts. In an effort to resolve this problem, in 1970, OCR issued a memorandum to school districts titled the Identification of Discrimination and Denial of Services on the Basis of National Origin. The purpose of the memorandum was to clarify Title VI requirements concerning school districts’ responsibility to provide equal education opportunity to language-minority students. The 1970 memorandum stated, in part:

Where the inability to speak and understand the English language excludes national origin minority group children from effective participation in the education program offered by a school district, the district must take affirmative steps to rectify the language deficiency in order to open its instructional program to these students.

Although the memorandum requires school districts to take affirmative steps, it does not prescribe the content of these steps. However, it explains that Title VI is violated if:

1. students are excluded from effective participation in school because of their inability to speak and understand the language of instruction;

2. national-origin minority students are misassigned to classes for the mentally retarded because of their lack of English skills.

3. programs for students whose English is less than proficient are not designed to teach them English as soon as possible, or if these programs operate as a dead-end track; or

4. parents whose English is limited do not receive school notices and other information in a language they can understand.

In the 1974 Lau v. Nichols case, the U.S. Supreme Court upheld the 1970 memorandum as a valid interpretation of the requirements of Title VI. The Supreme Court stated that, “[T]here is no equality of treatment merely by providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education.” In 1985, OCR issued “The Office for Civil Rights’ Title VI Language Minority Compliance Procedures,” which outlines OCR policy with regard to the education of language-minority students and Title VI compliance standards. In 1991, OCR issued an update, “Policy Update on Schools’ Obligations Toward National Origin Minority Students with Limited-English Proficiency (LEP students).” The 1970 memorandum, and the 1985 and 1991 documents, explain the relevant legal standards for OCR policy concerning discrimination on the basis of national origin in the provision of education services to LEP students at the elementary and secondary level.


TITLE VI COMPLIANCE ISSUES

When investigating complaints and conducting compliance reviews of school districts regarding equal education opportunity for national-origin minority students who are limited English proficient (LEP), OCR considers two general issue areas:

1. whether there is a need for the district to provide a special language service program (an alternative language program) to meet the education needs of all language-minority students; and

2. whether the district’s alternative language program is likely to be effective in meeting the education needs of its language-minority students.

The question of need for an alternative language program is resolved by determining whether LEP students are able to participate effectively in the regular instructional program. When they are not, the school district must provide an alternative program. In cases where the number of these students is small, the alternative program may be informal. Educators have not reached consensus about the most effective way to meet the education needs of LEP students. Many factors affect the types of education programs that school districts may offer, including the number of students or the variety of languages they speak. Consequently, OCR allows school districts broad discretion concerning how to ensure equal education opportunity for LEP students. OCR does not prescribe a specific intervention strategy or type of program that a school district must adopt to serve LEP students, nor does OCR require school districts to teach students in their primary language. Educational approaches that are recognized as sound by some experts in the field may reasonably be expected to ensure the effective participation of LEP students in the total education program. School districts have the flexibility to decide on the education approaches that will meet the needs of their LEP students. Examples of such approaches include English as a Second Language, Transitional Bilingual Education, and Structured Immersion. The law requires effective instruction which leads to the timely acquisition of proficiency in English. The following procedures should be used by school districts to ensure that their programs are serving LEP students effectively. Districts should:

1. identify students who need assistance; 2. develop a program which, in the view of experts in the field, has a reasonable

chance for success; 3. ensure that necessary staff, curricular materials, and facilities are in place and

used properly; 4. develop appropriate evaluation standards, including program exit criteria, for

measuring the progress of students; and 5. assess the success of the program and modify it where needed.

In considering whether there is a need for the district to provide a special language service outside of the regular program and whether the alternative program is likely to be effective, OCR examines some important issues listed below.


1. Whether a district has identified all LEP students who need special language assistance A school district must be able to account for all of its LEP students. A small district may be able to do this informally. A large district, or one with a great number of students whose first language or home language is not English, must have a formal system for objectively identifying students whose limited proficiency in speaking, reading, writing, or understanding English denies them the opportunity to meaningfully participate in the regular education environment and achieve high academic standards. 2. Whether a district can ensure the placement of LEP students in appropriate programs Once a school district has identified students who need assistance, it must determine what types of assistance are warranted.

a. Whether all LEP students who need a special language assistance program are being provided such a program

A school district must ensure that all LEP students receive English-language development services. 3. Whether a district has taken steps to modify a program for LEP students

when that program is not working

If the district’s alternative language services program is not successful after a reasonable time period, the district must take steps to determine the cause of the program’s failure and modify it accordingly. 4. Whether a district ensures that LEP students are not misidentified as

students with disabilities because of their inability to speak and understand English

If national-origin minority students are not proficient in speaking, reading, writing, or understanding English, testing them in English may not demonstrate their ability or achievement skills. Steps must be taken so that LEP students are not assigned to special education classes because of their lack of English language proficiency, rather than because they have a disability. Such steps may include: assessing the student in his or her own language, making sure that accurate information regarding the student’s language skills is taken into account in evaluating assessment results, and comparing results obtained when a part of the assessment is repeated in the student’s first language. 5. Whether a school district ensures that parents who are not proficient in

English are provided with appropriate and sufficient information about all school activities

School districts have a responsibility to notify effectively national-origin minority parents of school activities which are called to the attention of other parents. Notices, to be effective, may have to be provided in a language other than English.


CCOONNCCLLUUSSIIOONN

In viewing a school district’s compliance with Title VI and its implementing regulation regarding effective participation of language-minority students in the education program, OCR does not require schools to follow any particular educational approach. The test for legal adequacy is whether the adopted strategy works – or promises to work – on the basis of past practice or in the judgment of experts in the field. OCR examines all available evidence to determine that the school district is using an effective strategy for its LEP students.

FFOORR AADDDDIITTIIOONNAALL IINNFFOORRMMAATTIIOONN

OCR is prepared to provide technical assistance to beneficiaries and educators in meeting the requirements of Title VI. Anyone wishing additional information regarding the provision of equal education opportunity to LEP students may contact the OCR enforcement office serving his or her state or territory, or call 1-800-421-3481.


ATTACHMENT D


GUIDELINES FOR PARENTAL WAIVER REQUESTS OPTION B – SPECIAL NEEDS

Within the 30-day placement in the English mainstream classroom, the principal and teachers shall identify in writing the special needs of those children who would be better served in an alternate program, (including bilingual instruction). Those special needs may be described within the following parameters: Special Need Evidence A) Physical: Hearing Impairment Testing results, Hearing aid Serious visual impairment Exam results, Heavy glasses Hyperactivity Teacher observation, Medical records Delayed development Teacher observation, Class work samples Inattentiveness Same as above B) Emotional: Resistance to learning Anecdotal, observation Lack of participation “ “ Extreme anxiety “ “ , parent report Shyness “ “ Acting out “ “ Family firmly believes in & Parental report, conference with desires L1 teacher C) Psychological: Familial trauma Parental or community liaison report Neglect at home “ “ “ “ Psychologist recommendation Document with notes D) Educational: Lack of Cognitive Academic Anecdotal, Class work Linguistic Proficiency in English Does not understand instruction Anecdotal, Class work, Student or parent report Little or no progress in ELD Anecdotal, Class work, testing Transience between U.S. and Attendance, enrollment & withdrawal home country records Slow progress in academics Anecdotal, Class work, testing in L1 Prior educational program Transfer reports, parent reports

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