January 14, 2016 Stacy Freeman, Title III Specialist Identification, Screening, and Placement of English Learners Title III University January 14, 2016 Stacy Freeman, Title III Specialist

Federal Law

Federal Law Identifying, screening, and placing English learners (ELs) in a timely manner is a federal requirement but is not explicitly stated in federal law. Rather, this requirement stems from various court rulings and federal policy decisions over the years that relate to the civil rights of ELs.

Federal Law These two laws are often cited with regard to the identification, screening, and placement of ELs: Title VI of the Civil Rights Act of 1964; and The Equal Education Opportunities Act (EEOA)

Title VI of the Civil Rights Act of 1964 Federal Law Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the grounds of race, color, or national origin by recipients of federal financial assistance including state (SEA) and local (LEA) education agencies. SEAs and LEAs must take “affirmative steps” to address the language barriers of ELs so they can meaningfully participate in the same educational programs and services as all students. The first “affirmative step” is to identify potential ELs.

Federal Law Equal Educational Opportunities Act of 1974 Prohibits states from denying equal educational opportunities to individuals based on race, color, sex, or national origin. Specifically prohibits SEAs or LEAs from denying equal educational opportunities to ELs by failing to take appropriate action to overcome language barriers that impede their equal participation in the same instructional programs and services as all students. “ Failing” includes the failure to identify students appropriately.

Identification

Equity in the Identification Process ELs must be identified during enrollment using the same process which is in place for all students to ensure comprehensive, consistent, and fair identification. Students must not be selectively identified based on ethnicity, name, appearance, or background.

Identifying Questions Questions should be included in the enrollment process for all students to ensure that ELs are identified consistently. Recommended identifying questions are: What is the primary language used in the home, regardless of the language spoken by the student? What is the language most often spoken by the student? What is the language that the student first acquired?

Home Language Survey School divisions may choose to use a Home Language Survey (HLS) to determine the need for further English language proficiency screening and possible English as a Second Language (ESL) services. The HLS may also be used to collect additional information such as the number of years a student has been in the U.S. educational system or in which language the parents would prefer to receive communication.

Questions about the Identification Process Can parents refuse to allow the student to participate in the identification process? No. Court rulings and federal policy have established the requirement for school divisions to identify potential ELs during the enrollment process so that they can be provided programs and services to help them acquire English proficiency. School divisions do not need parental permission to identify or screen students.

Questions about the Identification Process Are school divisions required to use a Home Language Survey to identify students? No. Identifying questions may be included as part of a general enrollment document or they may be part of a separate Home Language Survey.

Questions about the Identification Process Should the children of foreign military or NATO families be included in the identification process? Yes. Civil rights requirements provide that all students enrolling in a school division be included in the identification process.

Questions about the Identification Process Should foreign exchange students be included in the identification process? Yes. Civil rights requirements provide that all students enrolling in a school division must be included in the identification process.

Exiting the LEP Status

Exiting the LEP Status Exiting the LEP status means that ELs have met the established state proficiency criteria based on ACCESS for ELLs test scores. These students are considered formerly LEP for the following two school years and designated as Level 6, years 1 and 2. Formerly LEP students no longer participate in ACCESS for ELLs testing.

Exiting the LEP Status The SOL reading and mathematics scores of formerly LEP students are included in the AMO calculation for the LEP subgroup for the two years that the student is designated as Level 6. Formerly LEP students are no long eligible for testing options or accommodations.

Exiting the LEP Status (continued) School divisions do not receive Title III funding for formerly LEP students. The ESEA requires that students classified as a formerly LEP (Level 6 Year 1 and Year 2) be monitored for two full academic years to ensure that they are able to meaningfully participate in the regular educational program.

Questions about Exiting LEP Status How does a student exit the LEP status? An EL in kindergarten must take earn an Accountability Proficiency Score of 5.0 or higher and a Literacy Score of 5.0 or higher on the ACCESS for ELLs test. An EL in grades 1 through 12 must take Tier B or C of the ACCESS for ELLs test and earn an Overall Score (Composite) of 5.0 or higher and a Literacy Score of 5.0 or higher. The addition of Tier B will be available in fall 2016.

Questions about Exiting LEP Status Are there other ways for students to exit the LEP status? No. Students must meet the established state proficiency criteria to exit the LEP status. Students cannot exit the LEP status based on time in program, perceived ability of the student to achieve proficiency on the ACCESS for ELLs, or for other reasons.

Questions about Exiting LEP Status Can school divisions remove the LEP designation from a student’s school records based on a parental request? No. School divisions cannot remove the LEP designation from a student’s records based on a parental request, time in program, or for other reasons. Students must meet the established state proficiency criteria in order to exit the LEP status.

Redesignation as LEP

Redesignation as LEP Federal law allows for students to be redesignated as LEP. Prior to redesignating a formerly LEP student, the school division should: Provide consistent interventions to the formerly LEP student for a reasonable period of time; Ensure that the interventions are the same as those available to all students at risk for academic failure; Convene a committee of stakeholders during the process to determine the impact of the interventions on the student’s academic performance; and Involve the parents in the process.

Screening

Screening School divisions must screen potential ELs to determine each student’s English language proficiency level. Divisions may use one of the following English language proficiency screening assessment: 1. W-APT screening assessment 2. WIDA MODEL screening assessment 3. Locally developed or selected screening assessment 25

Screening Optional screening assessment*: Once a screening assessment has been administered and the ELP level determined, additional assessments, such as reading* or mathematics* tests, may be administered to assist with placing the student appropriately in instructional programs. *May not be used to determine a student’s English language proficiency level. 26

Questions about Screening Can the screening assessment be used to determine that a student in kindergarten through grade12 has met the proficiency criteria? No. Screening assessments are not tiered. The proficiency criteria include testing on Tier B or C of the ACCESS for ELLs test. The addition of Tier B will be available in fall 2016.

Questions about Screening Can the score from the screening assessment be used if no ACCESS for ELLs score is available? Yes. The score from the screening assessment may be used in the student assessment record to identify the student as LEP if the student has no ACCESS for ELLs score.

Questions about Screening How are the Kindergarten W-APT scores aligned with the WIDA English language proficiency levels? The Kindergarten W-APT score is descriptive not numerical. The score is not aligned with the WIDA ELP levels and should only be used by the divisions to determine instructional services. ELs in kindergarten will be assigned a proficiency level after taking the Kindergarten ACCESS for ELLs test.

Placement

Placement Once the screening assessment has been used to determine the student is an EL and an ELP level has been provided, the student must be placed in an instructional program that will: help the student attain high levels of academic achievement; develop English proficiency; and provide access to the same curriculum and student support services as all students. 31

Placement An effective instructional program for ELs should be an integral part of a divisionwide academic achievement program. The Virginia Standards of Learning (SOL), in conjunction with the World-Class Instructional Design and Assessment (WIDA) English Language Development (ELD) Standards, should guide the development of the instruction curriculum and the classroom instructional practices of both English as a Second Language (ESL) and general education teachers with ELs.

Placement Instructional programs and services for ELs must: provide meaningful access to the same curriculum and educational opportunities as all students; allow meaningful participation in content classrooms with English speaking peers; help ELs attain an academic level that is on par with English speaking peers; and be based on sound educational theory.  

Placement Additionally, ELs cannot be placed in special education programs solely based on their lack of English language skills; LEAs implementing a program for ELs should provide resources, including staffing, that is sufficient to meet the intent of the program; and After a reasonable period of time past implementation, a program that fails to help ELs overcome language barriers should be evaluated and revised.

Placement 30-Day Notification Letter: School divisions must inform parents annually regarding their child’s placement in a language instruction education program within 30 days after the beginning of the school year, or within two weeks of the child’s placement within a program. A checklist and sample letter have been posted to the Title III Toolkit in the VDOE Title III Web site, which includes the eight required elements by the ESEA.

Questions about Placement How should ELs be placed in instructional programs with regard to age and grade? ELs should be placed in the appropriate grade as indicated by age. The table on the next slide displays the age and recommended grade-level placement for students younger than 14 years of age.

Questions about Placement

Questions about Placement How should ELs be graded? The Virginia Department of Education does not provide guidance on grading policies. School divisions determine grading policies.

Questions about Placement What are the required minutes of service for ELs? The Virginia Department of Education does not mandate minutes of service for ELs. The requirement for minutes of service for ELs is a school division decision.

Questions about Placement What are parent’s rights regarding removing a student from ESL programs and services? Section 3302 of the ESEA provides that parents have the right to remove a student at any time from ESL programs and services. Parents may also request ESL services at any time. The parent’s decision does not waive the school division’s obligation to provide programs and services other than ESL to help the student attain high levels of academic achievement and develop English proficiency.

Virginia Department of Education Title III Contacts Veronica Tate Director Program Administration and Accountability Veronica.Tate@doe.virginia.gov (804) 225-2870 Judy Radford, ESL Professional Development Coordinator Judy.Radford@doe.virginia.gov (804) 786-1692 Stacy Freeman Title III Specialist Stacy.Freeman@doe.virginia.gov (804) 371-0778 Christopher Kelly Education Specialist Christopher.Kelly@doe.virginia.gov (804) 225-2122 Shyla Vesitis Title I/Title III Specialist Shyla.Vesitis@doe.virginia.gov (804) 225-3711