section 1 - the school district of palm beach county · section 1 ells and the law ... ell student...

SECTION 1

ELLs AND THE LAW

HISTORICAL OVERVIEW

SUMMARY OF THE FLORIDA CONSENT DECREE

ESOL Procedures Manual - PBCSD 1 - 1 May 2016

ELLs AND THE LAW - A HISTORICAL OVERVIEW

1961- Dade County Public Schools became one of the first districts in the nation to implement a full bilingual education program, due largely to the great influx of children from Cuba. 1968- The Bilingual Education Act (later to become Title VII) was passed to provide funding to school districts to implement programs which would assist non-native speakers of English with the necessary skills to participate in school activities. 1974- Lau v. Nichols: The landmark Supreme Court case won by the Chinese community against the San Francisco School System. The plaintiffs claimed that their children were denied "equal educational opportunity" because the instruction was provided in a language they could not understand. However, the Court did not specify what educational action would be satisfactory to comply with the law. 1975- The Lau Remedies were developed by the Office of Education of the Department of Health, Education, and Welfare, and a panel of experts to establish guidelines. These guidelines could be used by local educational agencies serving minority language students in compliance with the Court's ruling. The Lau Remedies encouraged “mainstreaming" of English Language Learners as quickly as possible. In the meantime, comprehensible instruction was to be provided in all content areas and courses, including English as a Second Language (ESOL) strategies and/or the use of the students' home languages. 1982- Plyler v. Doe: The Supreme Court ruled that states and public schools are prohibited under the Equal Protection Clause of the Fourteenth Amendment from denying undocumented immigrant students their right of access to public schools on the basis of their legal status. 1990- Florida Consent Decree: In August, 1990, the United States District Court signed a Consent Decree (the META Agreement) giving the court power to enforce an agreement between the Florida State Board of Education and a coalition of eight groups represented by Multicultural Education, Training and Advocacy, Inc. (META), and Florida legal services attorneys. This agreement was designed to provide the means whereby English Language Learners (ELLs) are given access to a full range of educational programs. In the spirit of the Florida Consent Decree, ELLs must receive adequate and appropriate instruction in order to enable them to pass the required graduation examinations and meet all other requirements for a high school diploma. Under the Consent Decree, districts and individual schools are responsible for properly identifying ELLs and for providing accurate academic assessment information. Each school district in Florida is required to develop a "District ELL Plan" and submit it to the state for approval. This plan describes the manner in which the Consent Decree requirements will be implemented in its respective district.


SUMMARY OF FLORIDA CONSENT DECREE

BACKGROUND

In August, 1990, a judge of the United States District Court, Southern District of Florida, signed a Consent Decree giving the Court the power to enforce an agreement between the Florida State Board of Education and a coalition of eight groups represented by Multicultural Education, Training and Advocacy, Inc. (META), and Florida legal services attorneys regarding the identification and provision of services to students whose native language is other than English. The plaintiff organizations involved in the case represented a broad spectrum of the civil rights/educational community. They are:

League of United Latin American Citizens (LULAC) ASPIRA of Florida The Farm Workers’ Association of Central Florida Florida State Conference of NAACP Branches Haitian Refugee Center Spanish American League Against Discrimination (SALAD) American Hispanic Educators’ Association of Dade (AHEAD) Haitian Educators’ Association

The Consent Decree settlement terms focus on the following six issues:

I. Identification and assessment II. Equal access to appropriate programming

III. Equal access to appropriate categorical and other programming for English Language Learners (ELLs)

IV. Personnel V. Monitoring VI. Outcome measures

IDENTIFICATION AND ASSESSMENT

Identification and assessment addresses six requirements: 1) home language survey, 2) formation of ELL Committees, 3) ELL student plan, 4) English language assessment, 5) classification and reclassification, and 6) post-reclassification monitoring.

1) Home language Survey. The home language survey and national origin data of all students must be collected and retained in the school district. The home language survey may be included on the registration form or on a separate survey and must be administered to all students. The survey includes the following questions:

a. Is a language other than English used in the home? b. Did the student have a first language other than English? c. Does the student most frequently speak a language other than English?


2) ELL Committee. The ELL (formerly LEP) Committee is a team comprised of ESOL teacher(s), home language teacher (if any), administrator (or designee), parent(s), plus guidance counselor, social worker, school psychologist, or other educator(s) and is responsible for making decisions about ELLs. The ELL Committee meets to make educational decisions for modifications to the ELL’s instructional program when the need arises. Any teacher, parent, administrator, or ELL Committee member may request the ELL Committee to convene on behalf of an ELL. ELL Committees do not need to meet regarding routine ESOL Program entry and exit procedures unless requested by a parent/guardian, teacher, or administrator. The student’s parent/guardian must be invited to ELL Committee meetings. An ELL Committee Meeting Parent Invitations (SDPBC 1510) must be sent to the parent/guardians.

3) ELL Plan. The English Language Learner Plan is part of the ELL folder. The student is

screened upon entry into the School District of Palm Beach County. The student is then placed on the English Language Development Continuum based on the information attained in the screening. The student’s progress along the continuum is determined by criteria listed on the plan. The expected time for progress is delineated. Adequate progress is specified for each level of literacy.

4) English language assessment. An aural/oral English language test is administered to

each new K-12 student. This test determines the level of oral ability (listening and speaking) in English. In grades 2-12, if a student tests “high intermediate” in English, a reading/writing test is administered to determine the level of skills in those areas. In grades 3-12, if a student tests “proficient” in English, a reading/writing test is administered to determine the level of skills in those areas.

5) Classification and reclassification. Students classified as ELL continue to receive

appropriate instruction until such time as the student is reclassified as English proficient or is otherwise exited from the ESOL program by the ELL Committee. Special weighted funding may extend up to six years; however, lack of ESOL funding does not relieve the school system of the obligation to provide such services.

6) Post-reclassification monitoring. The performance of students who have been exited

from the ESOL program must be reviewed to identify any pattern of continuing underperformance on appropriate tests and/or grades. Such review occurs at the time of the student’s first report card after exit, the first semiannual review, the second semiannual review, and a final review on or prior to the second anniversary of exit.


EQUAL ACCESS TO APPROPRIATE PROGRAMMING

The primary goal of all English Language Learner (ELL) programming is to develop as effectively and efficiently as possible each child’s English language proficiency and academic potential. Such programs should also provide positive reinforcement of the self-image and esteem of participating students, promote cross-cultural understanding, and provide equal educational opportunities. Equal access to appropriate programming must include both access to intensive English language instruction and instruction in the basic subject matter areas of math, science, social studies, and computer literacy which is:

Equal and comparable in amount, scope, sequence, and quality to that provided to English proficient students.

Documented in the form of an ELL plan with recommendations for the student’s program of study.

Comprehensible to the ELL given his/her level of English language proficiency.

Equal access to appropriate programming includes five requirements:

Submission of a District ELL plan Provision of basic ESOL instruction Provision of ESOL instruction and/or home language instructional

strategies in core subject areas Identification of interim measures and in-service training Parental involvement

1) District ELL Plan. (Formerly LEP Plan) School districts are required to submit a multi-

year ELL plan, to be updated and resubmitted every three years. Interim changes are submitted for approval as amendments. The District ELL plan includes:

Standards for entry, exit, and post-reclassification monitoring Instructional, categorical, and student services Provisions for and plans to employ qualified staff, and Evidence of consultation with a parent council or advisory body.

2) Basic ESOL instruction. Basic ESOL includes instruction in speaking, listening,

reading, and writing English in an instructional program appropriate to the language proficiency level and academic potential of the students.

3) ESOL instruction and home language instructional strategies in basic subject

areas. Districts are required to provide appropriate home language instruction (curriculum content in the home language/bilingual curriculum content), or ESOL content instruction (curriculum content in English using ESOL strategies), or a combination of the two in science, social studies, mathematics, and computer literacy.

4) Identification of interim measures and in-service training. In recognition that

districts may not have appropriately trained personnel to deliver basic ESOL instruction and understandable instruction in basic subject areas, the District ELL Plan must include interim measures which report the number of students not appropriately served, documentation of recruitment and training, a time-line for interim measures which must


include in-service training, and utilization of native language aides and materials to assure that the students are learning.

5) Parental involvement. Parental involvement and participation in ELLs’ educational programming in ELL academic achievement is required by formation of parent groups consisting of a majority of parents of ELLs. Such groups must be consulted prior to submission of the District ELL Plan to the state. Parents must be provided appropriate training by the school district.


CATEGORICAL AND OTHER PROGRAMS OR SERVICES

CATEGORICAL PROGRAMS

Elementary and Secondary Education Act (ESEA) [Every Student Succeeds Act (ESSA) – Previously No Child Left Behind (NCLB)]: English Language Learners will have equal access to all services and support provided by the components of ESEA. Specific English Language Learner provisions are included under Title I and Title III of ESEA.

ELLs in Title I school-wide programs receive the same supplementary instruction in reading and/or math as that provided to English proficient students. Title I outlines the state standards, assessment, annual yearly progress, and other accountability requirements for ELLs.

The Title I Parent Involvement Component addresses the needs of language minority parents in the planning, implementation and evaluation of all Title I parent activities. Every effort is made to accommodate non-English speaking parents. Informational brochures, written for the parents of Title I Basic and Migrant students, are available in English, Spanish, and Haitian Creole. Multilingual notices are prepared for all Title I meetings and activities. Multilingual radio announcements are utilized to inform parents of upcoming activities. Parents of Title I Basic and Migrant students participate in an annual survey prepared in English, Spanish, and Haitian Creole. This survey requests data concerning the effectiveness of the various components and solicits recommendations for improvement of the Parent Involvement Component. Parent Advisory Council meetings and workshops are also offered in these languages. Additionally, parenting classes are available in languages other than English. Title I staff has been collaborating with staff from the Department of Multicultural Education to ensure that programs are culturally sensitive to the district’s diverse cultures. The Title I Parent Involvement Component also is implementing a Parent Lending Library with books written in Spanish. Title III provides funding to state and local education agencies who are obligated by ESEA to increase the English proficiency and core academic content knowledge of Limited English Proficient students (another term is ELL-English Language Learners, although ESEA uses the term “LEP” for Limited English Proficiency). Under this title, local school districts decide on the method of instruction to be used to teach ELLs English, but requires that instructional programs to be scientifically proven to be effective.

State education agencies, school districts, and schools must:

1. Ensure that ELLs, including immigrant children and youth, develop English proficiency based on state expectations, and meet the same academic content and achievement standards that all children are expected to meet.

2. Provide parental notification as to why their child is in need of placement in a specialized language instruction program.

3. Administer reading assessments using tests written in English to any student who has attended school in the United States for 3 or more consecutive years, unless it is determined by the school district, on a case-by-case basis, that native-language tests will yield more accurate results.

4. Test at least 95% of those students identified as ELL in reading/language arts, math, and science, required by all public school students in the state. The assessment should be designed to provide information on the proficiency of ELLs to master English.


5. Assess in a language and a format most likely to elicit the above information and which would allow the state and local school district to make testing accommodations (such as developing an assessment in a student’s native language, providing translation help and/or conducting an oral test).

6. Report the test scores of ELLs as one of the subgroups to be disaggregated, and as part of the state, district, and school test scores for all of the students.

7. Involve ELL parents in the decision-making process of Title III programs and activities at both the state and local levels.

Title III funds are to supplement, not supplant, existing or required programs that are already provided through the district operating budget. These funds are to be used to provide language instruction educational programs, defined as courses in which ELLs are placed for the purpose of attaining English proficiency, while meeting challenging State academic content and student academic achievement standards. These programs may make use of both English and the student’s native language to enable the student to develop and attain English proficiency, but school districts are required to “use approaches and methodologies based on scientifically-based research.” Each school or district using Title III funds must implement an effective means of outreach to parents of ELLs. They must inform parents about how they can be active participants in assisting their children to learn English, achieve at high levels in core academic subjects, and meet State standards. Grant funds will assist schools in implementing family literacy, parent training, and multilingual parent volunteer programs as well as parent resource centers. Collaborative efforts with community-based organizations will be initiated to ensure effective and efficient use of school, district, and community resources.

Funds will also be used to provide additional personnel needed for supplemental services to English Language Learners, immigrant students, and their families. Personnel will:

coordinate district wide programs designed to enhance multicultural curriculum development and implementation,

provide technical assistance in promoting progress in student achievement indicators, increase participation of language minority parents in the educational decision making

process for their children, promote initiatives to enhance communication among schools, communities, and

language minority students, immigrant students, and parents, ensure monitoring through implementation of financial and program accounting systems

for audit purposes, and attend important conventions and demonstrations where innovative enhancements are

being presented. Grant funds will be used to purchase supplemental classroom/media center instructional materials in English and the native languages of students and parents, including supplemental heritage language dictionaries. The Department of Multicultural Education will purchase curriculum materials and computer hardware/software through grant funds after careful consideration of school needs. Computer technology will be implemented which enhances the development of proficiency in English while concurrently developing academic content proficiency. Grant personnel will coordinate district wide efforts to provide tutorial assistance to students through the expanding of availability of instructional materials and through the establishment of a multilingual volunteer mentoring program. In addition, staff development opportunities will be


provided to teachers and guidance counselors in methods and techniques for academic and career counseling for language minority students and their families. As required by ESEA, methods of collection and retention of data on the number and percentage of ELLs attaining English proficiency at the end of each academic year will be followed and maintained at each school and at the district level. These provisions will ensure that the English language proficiency of every student is assessed annually. Annually, students are administered the Assessing Comprehension and Communication in English State-to-State for English Language Learners 2.0 (ACCESS for ELLs 2.0), a state-approved English language proficiency assessment. ACCESS for ELLs 2.0 measures students’ reading, writing, speaking, and listening skills in English. This test for ELLs meets the requirements of the Title III, ESEA. In addition, all ELLs participate and are assessed in the statewide assessment program. ELLs will be offered state-approved accommodations on all state assessments.

ALTERNATIVE EDUCATION: ELLs who meet the Alternative Education Program eligibility criteria for any category and are recommended for Alternative Education placement by the staffing team at an Alternative Education school/center site may participate in the same educational services that are provided to English proficient students enrolled at the same school/center site. ESOL qualified teachers deliver instructional services to their ELLs. Instruction is designed to meet the identified needs of the ELLs as assessed through the ESOL entry criteria, ELL and PMP Plans, and the ELL Committee. The Alternative Education Case Study Instructional Model provides ESOL programming to meet the individualized language needs of ELLs. ELLs enrolled in Alternative Education may receive sheltered instruction, ESOL support, collaborative instruction, native language instruction, or native language support. ESOL qualified teachers provide academic instruction. ESOL translators may provide native language or English instructional support, home/school communication, and community linkages. Alternative Education uses district guidelines and procedures for ESOL entry, exit, and monitoring. PRE-KINDERGARTEN (PRE-K): Children who meet the age and economic entry criteria are served by federal and state-funded Pre-K programs. The Pre-K program requires parent participation to receive services. Parents/guardians must complete a Home Language Survey that identifies students as ELL. Qualified personnel use ESOL strategies to deliver instruction. ELLs have access to the same services as those given to English proficient students. EXCEPTIONAL STUDENT EDUCATION: To ensure appropriate assessment and placement of ELLs into Exceptional Student Education (ESE) programs (gifted and/or disabled), the ESE program has an ESE multicultural team. This team is comprised of bilingual/bicultural professionals (school psychologists, speech and language pathologists, resource teachers, interpreters, etc.) to fairly assess the ELL. In the event bilingual personnel are not available for a specific language group, trained interpreters are used to assist in the evaluation procedure. Instruments in a language other than English or sensitive to ELLs are always used when feasible. ELL Committee and Child Study Team meetings are conducted prior to a special education evaluation. Parent notification of any procedure to take place with their child is always conducted in the parent’s native language when the documents/personnel are available in that language.


Verification that the parent has received a bilingual interpretation should be documented and signed by all parties involved. ELLs who meet any of the ESE program criteria can participate in the same services that are provided to English proficient students. In addition, ELLs receive any of the educational services he/she qualifies for and needs. Qualified personnel who conduct ESE program services use ESOL strategies to deliver the appropriate instruction to ELLs. ESE, ESOL, regular education, and other school personnel will work collaboratively to provide a comprehensive and effective individualized education to meet the Individual Educational Plan (IEP) of the ELL-ESE student. MAGNET/CHOICE/CAREER PROGRAMS: ELLs are encouraged to apply to Magnet/Choice/Career programs and are given the same opportunities to attend Magnet/Choice programs as English proficient students. Some magnet programs have basic entry requirements to make certain that students who enter the program have the tools necessary to be successful. These basic requirements do not exclude ELLs. Informational meetings are held throughout the district, including community events, open house programs, and mall fairs to inform parents of the different choices available to all students. Application forms, parent information, and newspaper advertisements have been translated and published in Haitian Creole and Spanish to assist parents with information about the Magnet/Choice/Career Programs. Magnet/Choice/Career site coordinators travel throughout the district to present their programs directly to students to make them aware of the choices available. The Department of Multicultural Education has Haitian Creole and Spanish recruiters. Their responsibilities are as follows:

Plan and develop strategies for the recruitment of ELLs for the Magnet/Choice/Career

Programs Meet with ELLs and/or parents to better inform them, in their native language if possible,

of the Magnet/Choice/Career Programs for which they qualify Assist magnet/choice/career schools in their recruiting efforts of ELLs Assist targeted schools in the implementation of arts tutorial programs Ensure that the ELLs and their parents receive magnet/choice, career related materials in

their home language Serve as a liaison between the magnet/choice/career schools, the ELLs, and their parents

LIBRARY MEDIA SERVICES: ELLs are provided access to all materials and services in a manner that is equitable to the materials and services provided non-ELLs. This includes access to the information, services, and materials in a language that the student can understand at the point of need. Staff is available at every possible school media center to assist students in their native language as they develop the information skills needed to become life-long learners. Whenever possible, newspapers, magazines, and computer access in languages other than English are available for ELLs as they are for non-ELLs. Reference materials such as dictionaries, encyclopedias, atlases, maps, globes, and online subscriptions are available in languages other than English and in formats that can be used for research. Students, teachers, and library media specialists are encouraged to work collaboratively in the library media center in order to fully utilize the materials and services. OTHER PROGRAMS AND SERVICES: The school counselor, ESOL school counselor, administrator, and the ESOL contact person or coordinator work together to provide individualized guidance and counseling services to ELLs. Community language facilitators work with the


guidance counselor/administrator and the ESOL support staff to provide such services in the student’s home language. Through this process, ELLs receive the same academic, personal, career education, and counseling services that are available to English proficient students. Adult education native language literacy (Spanish and Haitian-Creole) and English for Speakers of Other Languages (ESOL) programs are offered to adults and to age appropriate youth who have officially withdrawn from school. MULTICULTURAL EDUCATION: Curriculum has been developed to provide teachers with the tools and information to infuse a multicultural perspective into their respective field of study. This perspective will provide students with a more realistic view of American and world history. Topics of study include: Hispanic American Studies, Haitian American Studies, General Immigrant Studies, Holocaust Studies, and Multicultural Studies.


PERSONNEL

There are requirements in six areas: 1) certification and inservice, 2) certification required as appropriate coverage, 3) exemptions, 4) supply of personnel, 5) inservice evaluation, and 6) implementation schedule for Section IV. A breakdown of certification and inservice requirements (1 and 2 above) for teachers is as follows:

a. Teachers of basic ESOL or teachers of English, Language Arts, Reading, or ESE

(Category 1) must complete the following: The specialization requirements to add the ESOL Endorsement may be completed by either 300 master plan points (MPP) or 15 college semester hours of the following FDOE approved courses:

Methods of Teaching ESOL ESOL Curriculum and Materials Development Cross-Cultural Communication and Understanding Applied Linguistics Testing and Evaluation of ESOL

b. Content area teachers (Category 2) teaching ELLs in the areas of mathematics, science,

social studies, and computer literacy using ESOL strategies (elementary and secondary). Additionally, elementary classroom teachers whose ELLs receive ESOL services from another teacher need 60 inservice points or 3 college semester hours of any FDOE approved ESOL college course.

c. Other subject area teachers (i.e., art teachers, music teachers, physical education

teachers, media specialists, occupational specialists, vocational education teachers, and speech/ language pathologists) (Category 3) need 18 inservice points or 3 college semester hours of any FDOE approved ESOL college course.

d. School Counselors and Administrators (Category 4) must have 60 in-service points in

ESOL strategies or 3 college semester hours of any FDOE approved ESOL Endorsement college course (See Category I).


MONITORING ISSUES

The Florida Department of Education is charged with the monitoring of local school districts to ensure

compliance with the provisions of the Consent Decree pursuant to federal and state law and

regulations including Section 229.565, Florida Statutes (Educational Evaluation Procedures) and

Section 228.2001, Florida Statues (Florida Educational Equity Act). This monitoring is carried out by

the Office of Student Achievement through Language Acquisition (SALA), a Division of Public Schools,

in the Florida Department of Education.

OUTCOME MEASURES

The Florida Department of Education is required to develop an evaluation system to address equal

access and program effectiveness. This evaluation system is to collect and analyze data regarding

the progress of ELLs and include comparisons between the ELL population and the non-ELL

population regarding retention rates, graduation rates, dropout rates, grade point averages, and state

assessment scores.

http://www.fldoe.org/aala/default.asp

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