Joint Guidance from USED and DOJ on LEP Students Released: January 7, 2015 Stacy Freeman, Title III Specialist Shyla Vesitis, Title I/III Specialist Office of Program Administration and Accountability Coordinators’ Academy July 2015

Link to New Title III Guidance Documents

New Title III Guidance The U.S. Department of Education (USED) in cooperation with the U.S. Department of Justice (DOJ) released joint guidance on January 7, 2015, to assist states and school divisions in meeting their legal obligations to ensure that ELLs can meaningfully and equally participate in educational programs and services.

New Title III Guidance The guidance consists of the following documents: Dear Colleague Letter Tools and Resources for Identifying All English Language Learners (ELLs) Information for Ensuring English Learner Students Can Participate Meaningfully and Equally in Educational Programs (Fact Sheet) Information for Limited English Proficient (LEP) Parents and Guardians and for Schools and School Districts that Communicate With Them (Fact Sheet)

New Title III Guidance The Dear Colleague Letter reminds states, school divisions, and schools of their obligations under federal law to ensure that ELLs are provided: 1) equal access to a high-quality education; and 2) the opportunity to achieve their full academic potential.

New Title III Guidance The Information for Ensuring English Learner Students Can Participate Meaningfully and Equally in Educational Programs (fact sheet) also reminds states, school divisions, and schools of their obligations under federal law to ensure that ELLs are provided: 1) equal access to a high-quality education; and 2) the opportunity to achieve their full academic potential.

New Title III Guidance Tools and Resources for Identifying All English Language Learners helps school divisions appropriately identify ELLs.

New Title III Guidance Information for Limited English Proficient (LEP) Parents and Guardians and for Schools and School Districts that Communicate With Them (fact sheet) reminds school divisions and schools about their obligations under federal law to communicate information to limited English proficient (LEP) parents in a language they can understand.

New Title III Guidance Overall, the guidance can be organized into the following general categories:

ED and DOJ Title III Guidance

New Title III Guidance Specific guidance within certain categories may have an immediate impact on Virginia school divisions and require adjustments to: Budgets; Staffing; Policies; or Programs This specific guidance will be the focus of the webinar.

ED and DOJ Title III Guidance

Providing Language Assistance to ELLs

ELLs in Kindergarten Divisions must provide language assistance programs and services to identified ELLs at the kindergarten level. Enrollment in kindergarten may not serve as a substitute for enrollment in language assistance programs and services. Eligible kindergarten students should be identified as LEP and included as such in the division student record collection.

ELLs at Higher Proficiency Levels Divisions must provide direct language assistance programs and services to ELLs at higher English proficiency levels (PL 4 and 5). The following may not serve as a substitute for enrollment in language assistance programs and services:  Enrollment in core or general education classrooms;  Tutoring;  Consultation; and  Monitoring.

Special Populations ELLs Divisions must provide direct language assistance programs and services to special populations of ELLs. Participation in other programs may not serve as a substitute for direct language assistance programs and services. ELLs in special populations can include, but are not limited to, the following programs : Special education; Tutoring or remediation programs; Gifted and talented programs; Honors programs; AP or IB programs; and Career or technical programs.

Staffing

Divisions must ensure that there are adequate numbers of teachers to implement language assistance programs and services for ELLs. Student needs, rather than staffing levels and teacher availability, must be the criteria for staffing and implementing language assistance programs and services. Adequate Number of Teachers

Divisions must ensure that teachers responsible for implementing language assistance programs and services for ELLs have attained the required qualifications as established by the state. Divisions may either hire qualified teachers or require that teachers on staff be trained or work to attain the training necessary to meet the state established qualifications. Highly Qualified Teachers

Divisions may not use tutors and/or paraprofessionals in place of highly qualified teachers to provide language assistance programs and services to ELLs. Divisions may use tutors and/or paraprofessionals only as an interim measure while hiring or training enough highly trained teachers to implement language assistance programs and services for ELLs. Using Tutors and Paraprofessionals

Divisions may use tutors and/or paraprofessionals to provide supplemental language assistance programs and services to ELLs. These tutors and/or paraprofessionals must be trained and work under the direct supervision of a highly qualified teacher. Using Tutors and Paraprofessionals

Providing Access to all Programs and Services

Core Curriculum Divisions must adequately train general education teachers to provide core content instruction to ELLs so that these students have meaningful access to the core curricula. Divisions must place ELLs in age-appropriate grade levels so they have meaningful access to the core curricula and an equal opportunity to graduate.

Specialized and Advanced Programs Divisions may not categorically exclude ELLs from specialized or advanced programs. These programs may include, but are not limited, to:  Gifted and talented programs;  AP and IB courses;  Technical or career education;  Online or distance learning;  Remediation or tutoring programs;  Athletic teams; and  Extracurricular clubs and activities.

Specialized and Advanced Programs Divisions should not schedule language assistance programs and services at the same time that specialized or advanced programs meet.

Student participation in Newcomer Programs must be voluntary. Divisions must ensure that the duration of time ELLs are placed in Newcomer Programs is limited (i.e., not more than a year). Divisions must ensure that ELLs in Newcomer Programs have access to their grade-level core curriculum, as well as special education and extracurricular activities. Newcomer and Transitional Programs

Divisions must ensure that ELLs in Newcomer Programs are not segregated during non-academic subjects or periods of time such as art, music, physical education, lunch, or recess. Divisions must ensure that compensatory and/or supplemental services are provided to ELLs in Newcomer Programs to address any academic deficits that may occur while the ELLs are focused on English acquisition. Newcomer and Transitional Programs

Ways to address academic deficits could include, but are not limited, to:  Tutoring;  Remediation services;  Additional blocks of time for academic study; and  Before and after school programs. Divisions must regularly assess Newcomer Programs to ensure that ELLs in such programs are successfully transitioning out into core curriculum classrooms within a reasonable timeframe. Newcomer and Transitional Programs

School divisions must identify the parents of ELLs who require language assistance in order to understand division or school information. School divisions must ensure that LEP parents are provided required Title III notifications in written form in a language they can understand. If written translations for required Title III notifications are not available, the division must provide oral interpretation of this information. Parental Notification and Outreach

School divisions must ensure that LEP parents are provided the same information about division and school programs, services, and activities that is brought to the attention of non-LEP parents. Such information can include, but is not limited, to:  IEP meetings;  Parent-teacher conferences;  Disciplinary proceedings;  Parent informational meetings;  Back to school events; and  Concerts, plays, or athletic events. Parental Notification and Outreach

Divisions must ensure that LEP parents are provided division and school information about programs, services, and activities in a language they can understand. Divisions must use only competent, trained individuals or outside entities to provide interpretation and translation for LEP parents. Students, family members, friends, or untrained school staff should not be used in this capacity. Parental Notification and Outreach

Meeting the Needs of “Opt-Out” ELLs

Divisions must notify parents in a language they can understand of their right to “opt-out” ELLs from language assistance programs and services at any time. However, at no time should parents be encouraged by the division to “opt-out” ELLs. Divisions must offer parents the opportunity to enroll “opt-out” ELLs in language assistance programs and services at any time if these ELLs are not demonstrating growth in English proficiency or are experiencing academic challenges. Full Disclosure to LEP Parents

Divisions must explain to parents in a language they can understand about the range of available language assistance programs and services and the benefits of participation in these programs and services before parents exercise their right to “opt-out” ELLs. Full Disclosure to LEP Parents

A division’s obligation to assist ELLs in attaining English proficiency and meeting academic content standards is not waived if parents choose to “opt- out” ELLs from language assistance programs and services. Divisions must provide programs and services, other than language-based programs and services, that will assist “opt- out” ELLs in attaining English proficiency and meeting the same academic content standards as all students are expected to meet. Providing Programs and Services to “Opt-Out” ELLs

All identified ELLs, including “opt-out” ELLs, must be assessed on the annual English language proficiency assessment. *Reminder: Formerly LEP students (PL 6 Years 1 and 2) are no longer reported as LEP in the division student record collection and should no longer participate in the annual ELP assessment. Assessing “Opt-Out” ELLs

Monitoring Exited Students

Divisions may not exit ELLs from the LEP status based on time in program. In order to exit the LEP status, ELLs must meet the state established proficiency criteria based on English language proficiency assessment results. Meeting the Proficiency Criteria

Divisions must monitor all exited students for a two year period once the students meet the state established proficiency criteria based on English language proficiency assessment results. All students includes “opt-out” ELLs and ELLs in special populations. Monitoring all Exited Students

Questions and Responses

Staffing Will the Standards of Quality (SOQ) requirement for ESL teachers change to increase allocations for hiring additional staff? Can consideration be given to the fiscal impact of the requirement to monitor level 6 and “opt-out” students? The current SOQ requirement for ESL teachers of 17 per 1,000 was established by the General Assembly. Revising the SOQ is a function of the General Assembly and not the Department. Advocacy to decrease the teacher to student ratio, as well as other factors affecting local budgets, should be directed to the General Assembly.

Instruction What timeline is expected by the Department of Education for implementing changes based on the new guidance? Will the Department provide guidance on minutes of service, teacher caseloads, or other instructional programs? The Department encourages divisions to develop a reasonable timeline for implementing necessary changes in an incremental fashion based on available resources. Policies regarding minutes of service, teacher caseloads, and the content and delivery of instructional programs remain locally determined. The Department has no plans to provide guidance in these areas.

Interpretation and Translation What support is the Department able to provide with regard to interpretation and translation services? The Department solicited a list of interpretation and translation resources that selected divisions across the state have reported using successfully. This list was shared with Title III coordinators. Thus far, divisions have reported success in using Language Line and training existing division staff using Catholic Charities or other entities. The Department welcomes other additions to the resource list.

Changes to Title III Application What changes were made to the Title III application based on the new guidance? Minimal changes were made to the narrative boxes in the Program overview section of the Title III application to align more closely with the new guidance. Divisions are asked to provide a more detailed description of their programs and services to ELLs for core instruction (Title VI) and core language instruction (Lau). The federal applications and technical assistance modules can be located at:

Changes to Title III Federal Program Monitoring (FPM) Protocol What changes will occur to the Title III FPM protocol based on the new guidance? The Office of Program Administration and Accountability (PAA) will continue to monitor for specific Title III accountability requirements. In acknowledgement of the new guidance, discussion questions regarding division implementation of the new guidance will be included in the Title III FPM Protocol. The Title III FPM schedule is anticipated to be posted in October 2015 and the FPM monitoring will begin in January 2016.

VDOE Communication about the New Guidance How has the Department communicated information about the new guidance? The new joint USED/DOJ guidance has been posted to the Title III Toolkit on the Title III Web page at: x.shtml x.shtml A webinar on the major requirements of the new guidance was provided on February 24, 2015, and has been posted to the Title III Toolkit on the Title III Web page at the link above. A Superintendent’s memo , released March 13, 2015, provides links to Web page resources.

Virginia Department of Education Title III Contacts Veronica Tate Director Program Administration and Accountability (804) Judy Radford ESL Professional Development Coordinator (804) Stacy Freeman Title III Specialist (804) Shyla Vesitis Title I/Title III Specialist (804) Christopher Kelly Education Specialist (804)