ELL 101 Stephanie Johnson, LPSD38 ELL Coordinator

Legal Decisions that Impact the Education of ELLs Civil Rights Act, 1964 “No person shall, on the grounds of race, color, or national origin [this includes language minorities], be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

Legal Decisions Equal Educational Opportunities Act, 1974: Schools have an affirmative duty to take appropriate measures to overcome language barriers that impede students’ participation in programs.

Legal Decisions Lau v. Nichols, 1974 Giving all students the same desks, books, teachers, and lessons does not mean that they have equal opportunity, especially if there are students who are not proficient in English.

Legal Decisions Castaneda v. Pickard, 1981: Established a 3-part test to determine if school districts are complying with the EEOA of 1974: 1. Theory – the school must implement a[n ELL] program based on sound educational theory 2. Practice – the district must put into practice the educational program they have designed; they must allocate the necessary personnel and practices to transfer theory to practice 3. Results – the school must stop programs that fail to produce results

Legal Decisions Plyler v. Doe [457 U.S. 202 (1982)] Undocumented minors have the same right to attend public school as do U.S. citizens and permanent residents. Public schools may not engage in any practices to “chill” the right of access to school or require families to disclose or document their immigration status.

LPSD 38 ELL Numbers All Sites Fall 2008

Current ELL Numbers All Sites Site GBES LPES PLES MCA (K-5) KES64647 PWES12334 CMS LPMS LPHS PRHS Totals87144 (66% growth) 179 (24% growth) 215 (20%) growth) 253 (18% growth so far)

CELA (Colorado English Language Assessment) Mandated by Title III law in No Child Left Behind. Colorado was one of the last states to comply with this requirement. CO Dept of Education (CDE) tracking the data for Annual Measureable Achievement Objectives (AMAOs) in accordance with NCLB.

AMAO Targets Target 1: 55% moving up one lane on CELA Target 2: 25% of high LEP (Limited English Proficient) students moved to FEP (Fluent English Proficient) Target 3: ELLs must make AYP on CSAP (target percentage varies by grade)

Two Types of CELA Placement Proficiency

Four Skill Areas of English Proficiency Assessed Speaking Listening Reading Writing

ELL Instructional Programming Research-based English Language Development instructional time during the school day provided by highly qualified teachers and staff trained to work specifically with ELLs Must document progress on ELD standards Address student’s weak English Proficiency skill areas (as indicated on the CELA) Support regular curriculum

ELD (English Language Development) Standards Sets benchmarks for each English Proficiency level (NEP, LEP, FEP) within each skill area (Speaking, Listening, Reading, and Writing English) ELL Teacher at each site must document each student’s progress on these standards

FAQ #1 How are ELLs initially identified?

US Dept of Education Definition of English Language Learner Between the ages of 3 and 21 Enrolled/preparing to enroll in elementary or secondary school Not born in US OR whose native language is not English Native American, Alaska Native, or native resident of outlying areas and From environment where language other than English significantly impacted or still impacts English language proficiency Migrant students whose native language is not English and/or coming from an environment where English is not dominant language Has difficulty speaking, reading, writing, or understanding English sufficient to deny the student the… Ability to meet the proficient level of achievement on state assessments Ability to successfully achieve in classrooms taught in English with no language supports Opportunity to participate fully in society

Procedure for Identification and Assessment of ELLs (from CDE ELA Policy Manual, p. 15) Primary or Home Language Other Than English – a student is identified as “PHLOTE” when any single response on the Home Language Survey indicates a language other than English is spoken by the student or by other individuals in the home. All “PHLOTES” need to be assessed for their English Language proficiency.

OCR requires, at a minimum, the following 3 questions on the HLS: Is a language other than English used in the home? Was the student’s first language other than English? Does the student speak a language other than English? “When all responses on the HLS indicate that English is the only language used by the student, and by all individuals in the home, the student is considered an English only speaker.” - p. 16 of the CDE ELA Policy Manual

How are ELLs Identified? 1. Home Language Survey/Teacher referral 2. CELA Placement test 3. Lau Category/mandatory hours of ELD 4. Language Acquisition Plan 5. Parent Notification

FAQ #2 But “Kevin” doesn’t even speak Chinese (Spanish, Tagalog, etc.) Why is he in ELL?

Why is Kevin in ELL (when he doesn’t speak his other language?) Home Language Survey/Teacher referral CELA Placement

FAQ #3 “Kevin” speaks English just fine, with no (foreign) accent. Why is he in ELL?

“Kevin” speaks English just fine. Why is he in ELL? Home Language Survey/Teacher referral CELA Placement

FAQ #4 What happens if a parent declines ELL services?

No pullout of class for English Language Development Student is still an English Language Learner by legal definition ELL still has to keep records and monitor student’s progress Student still has a Language Acquisition Plan Student still takes the CELA Proficiency each year and is still monitored for meeting AMAOs

FAQ #5 How do ELLs Exit the ELL Program?

Test “Fluent” on all 4 skill areas of the CELA Proficient in Reading & Writing on CSAP Monitored for at least 2 years for academic success Collaborative team agrees with the exit (classroom teacher, ELL teacher, parents, student, other specialists) If 9 th grade or above, is clearly on the way to meeting credits & requirements for graduation

For More Wonderfully Interesting Info… CDE ELL Guidebook - ownload/ELLGuidebook/FinalGuidebook pdf Text of the current Title III law – n/nclb/nclb-iii.pdf