English Learners & Title I Accountability

English Learners & Title I Accountability
Samuel Aguirre Director, Division of English Learners Illinois Association of Title I Directors Conference September 26, 2018 Whole Child • Whole School • Whole Community

Whole Child • Whole School • Whole Community
Overview Vision, Mission, and Goals EL Accountability ELs in Illinois Federal Legal Requirements for ELs Illinois Guidance on ELs Identification of ELs Implementation of EL Programs Effective Communication with EL Parents Additional EL Updates NEW Professional Development Resource Whole Child • Whole School • Whole Community

ISBE: Vision, Mission, and Goals
Illinois is a state of whole, healthy children nested in whole, healthy systems supporting communities wherein all people are socially and economically secure. MISSION Provide leadership and resources to achieve excellence across all Illinois districts by engaging legislators, school administrators, teachers, students, parents, families, and other stakeholders in formulating and advocating for policies that enhance education, empower districts, and ensure equitable outcomes for all students. The vision of ISBE is as follows: Note the structural ecology expressed in the ISBE vision. The child is at the center of this ecology, and, in order to ensure that she or he develops happily and healthfully, a set of systems must be coordinated and support the child as she or he matures. Moreover, as will be shared multiple times throughout this presentation, the ground for this ecology is a robust notion of equity. By equity we mean that each and every individual is able to access and receive the supports she or he needs for successful school experiences. Schools have a central role in this equity work to ensure access and opportunities for every learner. Schools must be places in which each and every child can develop a rich sense of self worth and belonging. This sense of self worth is most clearly described in that they can see a positive future for themselves in the world. The Mission of ISBE is as follows: This mission identifies the obligation that the agency has to lead and advocate for each and every child. ISBE, through collaboration with stakeholders, strives to provide the space and opportunity to share potentially conflicting perspectives in order to ensure that policies support increased opportunities for students, acknowledge the importance of autonomy for districts in providing access to those opportunities and to ensure better outcomes for all students. Whole Child • Whole School • Whole Community

ISBE: Vision, Mission, and Goals
Every child in each public school system in the State of Illinois deserves to attend a system wherein… All kindergartners are assessed for readiness. Ninety percent or more of third-grade students are reading at or above grade level. Ninety percent or more of fifth-grade students meet or exceed expectations in mathematics. Ninety percent or more of ninth-grade students are on track to graduate with their cohort. Ninety percent or more of students graduate from high school ready for college and career. All students are supported by highly prepared and effective teachers and school leaders. Every school offers a safe and healthy learning environment for all students. The Goals identified by ISBE were approved by the Board in September At that time, of course, the thought that ESEA would be reauthorized in December 2015 was not a consideration. Note that the goals span the P-12 educational continuum (and beyond) Of particular interest are the goals in blue print. These goals are significant insofar as serves as the long term goals in the ESSA state plan for Illinois. Also, these long terms goals are the foundation upon which the required measures of interim progress identified in the ESSA State Plan for Illinois are grounded. In sum the vision, mission, and goals of ISBE and ESSA explicitly focus on the equity of services, resources, and supports available for each and every child in order for them to be successful in school and beyond. The accountability system required in ESSA provides some requirements and some space for a state to create a system that is in the vision of its stakeholders. Without question, Illinois took advantage of this opportunity. Whole Child • Whole School • Whole Community

The Whole Child Community Home School
A child within an ecology of multiple and interconnected parts nested in overlapping systems Community Home School Cognitive Social This is another representation of the vision, mission, and goals of ISBE. Note the intersections of the various developmental domains with the spaces and places in which a child lives and grows within systems where individuals, regardless of age, are able to access the supports required to live a full and enriching life requires a diligent and relentless focus on equity and a constant and careful consideration of the unintended consequences that can result from any policy determination. Physical Emotional

EL Accountability Whole Child • Whole School • Whole Community

EL Accountability EL accountability no longer restricted to Title III Districts and Schools to look at their support for ELs ELs attainment of English proficiency and meeting the same academic standards as other students Meet the needs of ELs: Academic achievement Academic progress (elementary and middle schools) Graduation Rate (high schools) Progress in achieving English language proficiency Effective Communication with EL Parents Whole Child • Whole School • Whole Community

ELs in Illinois Whole Child • Whole School • Whole Community

ELs in Illinois In FY18, Illinois reported over 230,000 identified English learners Over 70% of ELs are born in the United States 11% are immigrant students as defined by Title III At least 140 languages are spoken Top five: Spanish (72%), Arabic (3.3%), Polish (2.5%), Urdu (1.5%), and Tagalog (1%) Placement: Approximately 9% in PreK, 57% in K-3, 11% in grades 4-5, 12% in grades 6-8, & 10% in high school Whole Child • Whole School • Whole Community

Federal Legal Requirements for ELs
Whole Child • Whole School • Whole Community

Significant Legal History
Title VI of the Civil Rights Act, 1964 Prohibits discrimination on the grounds of race, color, or national origin by recipients of federal financial assistance The Title VI regulatory requirements have been legally interpreted to prohibit denial of equal access to education because of a language minority student's limited proficiency in English This is a significant legal obligation. Title VI of the Civil Rights Act lays the foundation for prohibiting all aspects of discrimination and it has been legally interpreted to protect English learners (formerly labeled as Limited English Proficient - LEP, but changed to EL with passage of ESSA to eliminate deficit-labeling language). Whole Child • Whole School • Whole Community

Lau v. Nichols Court Case, 1974 Case dealt with San Francisco school system’s failure to provide English language instruction to 1,800 students of Chinese ancestry U.S. Supreme Court unanimously ruled that a lack of supplemental instruction for English learners denies them a meaningful opportunity to participate in educational programs, which violates the Civil Rights Act of 1964 Lau v. Nichols Probably the most important legal event for bilingual education was the Lau v. Nichols case, which was brought against the San Francisco Unified School District by the parents of nearly 1,800 Chinese students. It began as a discrimination case in 1970 when a poverty lawyer decided to represent a Chinese student who was failing in school because he could not understand the lessons and was given no special assistance. The school district countered that its policies were not discriminatory because it offered the same instruction to all students regardless of national origin. The lack of English proficiency was not the district’s fault. Lower courts ruled in favor of the San Francisco schools, but in 1974 the U.S. Supreme Court ruled unanimously in favor of the plaintiffs. In his opinion, Justice William O. Douglas stated simply that “there 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.” The Court cited Title VI of the Civil Rights Act, noting that the students in question fall into the protected category established therein. (More information on Lau v. Nichols can be found at: Whole Child • Whole School • Whole Community

Equal Educational Opportunities Act (EEOA), 1974 Prohibits states from denying equal educational opportunity to an individual on account of his or her race, color, sex, or national origin The statute specifically prohibits states from denying equal educational opportunity by the failure of an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs EEOA takes Title VI to a very specific level focused in education and mandates that education institutions cannot deny equal educational opportunity to its students. Whole Child • Whole School • Whole Community

” “There 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.” —Justice William Douglas Bottom line implication for ELs from Title VI Civil Rights, EEOA, plus Lau v. Nichols: All districts in the country must provide ELs meaningful access to educational content and programs in a language that they understand. Typically, this requirement is met through native language support or bilingual programs. Subsequently, another significant case law is known as Castañeda v. Pickard. This case resulted in defining a useful three-prong test for bilingual program implementation criteria: Must be based on sound educational theory, Effective implementation with appropriate resources, and Demonstrate successful outcomes.

Legal Obligations U.S. Department of Education’s Office of Civil Rights (OCR) and the U.S. Department of Justice (DOJ) share enforcement authority Issued joint guidance in 2015 to help states, districts, and schools meet legal obligations to ELs Guidance identifies 10 common civil rights issues for English learners Important things to note include: OCR and DOJ share authority for enforcing Title VI in the education context. DOJ is responsible for enforcing the EEOA. The U.S. Department of Education (ED) also administers Title III, Part A of the English Language Acquisition, Language Enhancement, and Academic Achievement Act ( The guidance applies to: State education agencies, Local education agencies, and Any “school district” that is a recipient of federal financial assistance from ED, including public school districts, charter schools, and alternative schools. Whole Child • Whole School • Whole Community

Illinois Guidance on ELs

State Transitional Bilingual Education
Illinois School Code Article 14C: Transitional Bilingual Education Illinois Admin Code Part 228: Transitional Bilingual Education Whole Child • Whole School • Whole Community

Identification of ELs Whole Child • Whole School • Whole Community

Identification of ELs Home Language Survey (HLS) for every student enrolling in a public school Individual screener of English language proficiency for each student identified as a potential English learner through the HLS These steps must be followed for ALL students and English learners. Please note that the Home Language Survey (HLS) has to be given upon enrollment to ALL students entering a public school district (23 Ill. Admin. Code ). For students identified as potential ELs based on the responses of the HLS, a district must use the state-approved screening instrument to conduct an individualized assessment of English language proficiency (ELP). Students not meeting the ELP criteria are identified as English learners and shall be provided EL services (23 Ill. Admin. Code ). Districts can follow the processes outlined in the subsequent slides to ensure they are meeting the two steps listed here. Whole Child • Whole School • Whole Community

Home Language Survey Process
The HLS is to be completed by the parents/guardians of all students entering a school district in a language they understand Answer is “Yes” to either question on the HLS: Student is a potential EL Conduct ISBE prescribed screener for English language proficiency and notify parents of the results within 30 days Answer is “No” to both questions on the HLS: Student is not a potential EL No screening for English language proficiency required Based on the responses of the home language survey: If the answer to either question is “Yes”, the child is a potential EL and is screened for EL services using the screening instrument approved by the Illinois State Board of Education If the answer to both questions is “No”, the child is not a potential EL and is not screened for EL services Please note that for potential ELs, screening of English language proficiency, placement in EL services depending on the screening results, and notification to the parents must happen within 30 days of the beginning of the school year or 14 days if enrollment happens during the school year. For specific instances when screening for English language proficiency is not required, please review the guidance under 23 Ill. Admin. Code Part (e)(1). This guidance is also presented on slide 18 of this module. You can find more details of the requirements of the HLS process and screening process on 23 Ill. Admin. Code Part here: Whole Child • Whole School • Whole Community

K-12 English Proficiency Screening
Grade Required Screening Domains Included Minimum Score for English Proficiency Kindergarten semester 1 WIDA MODEL Listening Speaking 5.0 oral composite Kindergarten semester 2 – 1st grade semester 1 Reading Writing 5.0 overall composite literacy 1st grade semester 2 – 12th grade WIDA Screener 5.0 overall composite Illinois is a member of the WIDA Consortium. Thus, it has adopted the WIDA MODEL and the WIDA Screener for assessing English language proficiency of potential ELs. The WIDA MODEL is used for kindergarten and the first semester of first grade. Kindergarteners may have been assessed for English proficiency in preschool, but those identified as potential ELs by the home language survey must be screened with the MODEL regardless of their EL status in preschool. The WIDA Screener is used for the second semester of first grade through 12th grade. Students who score below the minimum score for English proficiency acceptable for their grade level are identified as English learners. The title of this slide is a hyperlink to the ISBE proficiency screening webpage for more detailed information. The link is also included here: You can find more details of the requirements of screening process on 23 Ill. Admin. Code Part here: Whole Child • Whole School • Whole Community

After the ELP Screening
Student does not meet English language proficiency (ELP) criteria on Screener Student qualifies for English learner services/program District sends notification letter to parent/guardian notifying of placement and services offered If a student meets ELP criteria on the screener, EL services/program are not required. The parents should be informed of the screening results. When screening results indicate that a student is an English learner, the school must place the student in a program for English learners, either a transitional bilingual education program or transitional program of instruction. The district must send the family a written notification of this placement. You can find more details of the requirements of the screening process on 23 Ill. Admin. Code Part here: Whole Child • Whole School • Whole Community

Placement Notification
Letter in English and student’s home language Sent within 30 days of beginning of school year or 14 days of enrollment Explain how the EL program will support the student Notification of the right to withdraw student from the program or choose different EL services, if offered The written notification of placement must be provided in English and in the student’s home language. Examples that are translated into 40 languages are available on the ISBE website here: The notice must be sent within 30 days after the beginning of the school year or 14 days after enrollment for a student who enrolls in the middle of the school year. Parents or guardians have the right to withdraw their child from the program at any time or to request that their child be enrolled in a different English learner program, if available. For example, some parents may ask that their child be placed in an English as a second language program instead of a bilingual program. Districts should not encourage or suggest that families refuse services. Instead, districts should provide information about how the EL program will support the student in learning English and academic achievement. Additional information on the requirements of the parent notification letter may be found in 105 ILCS 5/14C-4 linked here: Whole Child • Whole School • Whole Community

Implementation of EL Programs

Program Models Transitional Bilingual Education (TBE)
Required when 20 or more students share the same home language in a school building* May be offered when fewer than 20 students share the same home language* Transitional Program of Instruction (TPI) May be offered instead of TBE when 19 or fewer students share the same home language in a school building* Illinois state statute delineates the requirements for the transitional bilingual programs by the number of English learners who speak the same home language at one attendance center. TBE (Transitional Bilingual Education) is mandated in schools with at least 20 English learners who share the same home language background in a school building. TPI (Transitional Program of Instruction) can be used instead of TBE in schools with fewer than 20 English learners who share the same home language background. It is important to note that preschool English learners are counted separately from kindergarten through 12th grade ELs when determining the need for TBE or TPI. Additional information on TBE and TPI programs may be found on 105 ILCS 5/14C-3 linked here: and in 23 Ill. Admin. Code Part and Part linked here: Whole Child • Whole School • Whole Community

Illinois Licenses by Grade Level
Professional Educator License (PEL) Bilingual and ESL Endorsements Educator License With Stipulations (ELS) Regardless of Grade Range Held on PEL Bilingual Education (BIL), PK–12 English as a Second Language (ESL), PK–12 Endorsements Transitional Bilingual Education (TBE), PK–12 Visiting International Teacher (VIT), grade level The 23 Illinois Administrative Code, Part 1.781, indicates that all educators who are teaching ELs must hold a valid license that is endorsed for bilingual education, transitional bilingual education, English as a second language, or international education. Teachers seeking a bilingual educator endorsement must demonstrate proficiency in reading, writing, and speaking in the non-English language for which they are seeking endorsement. They must also complete 18 semester hours of coursework on assessments for ELs, methods and materials for bilingual education, and cross-cultural studies. Every teacher in Illinois needs to have a Professional Educator License. As of July 2017, the endorsements for bilingual education and ESL have been extended to service students in Grades PK– Consequently, a teacher who holds a bilingual endorsement may teach a bilingual class in Grades PK– For teachers who hold an ESL endorsement, they are now qualified to teach ESL in Grades PK–12. You can find more details about program director and educator requirements in 23 Ill. Admin. Code, Part , here: Whole Child • Whole School • Whole Community

EL Program Director Requirements
In Districts With 200 or More ELs For TBE or TPI programs: Bilingual endorsement, or English as a new language (ENL) endorsement with language designation (high school only), or 18 semester hours of coursework toward the bilingual endorsement. All transitional bilingual education (TBE) or transition programs of instruction (TPI) program directors must hold a current Professional Educator License (PEL) endorsed in one of the following: School Business Official PK–12, Director of Special Education PK–12, Principal PK–12, Superintendent PK–12, or Teacher Leader PK–12. For districts with more than 200 identified ELs, if there is a TBE program in the district, the program director must have the bilingual endorsement, English as a new language (ENL) with a language designation, or have completed the 18 semester hours of coursework required for the bilingual endorsement as described in 23 Ill. Admin. Code You can find more details about program director requirements in 23 Ill. Admin. Code, Part , here: Whole Child • Whole School • Whole Community

EL Program Director Requirements
In Districts With Fewer Than 200 ELs For TBE or TPI programs: ESL/bilingual endorsement, or ENL endorsement (with specified language), or 18 semester hours of coursework toward the bilingual endorsement, or At least 8 hours of professional development annually related to ELs. All transitional bilingual education (TBE) or transition programs of instruction (TPI) program directors must hold a current Professional Educator License (PEL) endorsed in one of the following: School Business Official PK–12, Director of Special Education PK–12, Principal PK–12, Superintendent PK–12, or Teacher Leader PK–12. For districts with fewer than 200 identified ELs, the program director should have the ESL or bilingual endorsement or have completed the 18 semester hours of coursework required for the bilingual endorsement as described in 23 Ill. Admin. Code If the program director does not have the appropriate endorsements, he or she must attend a minimum of 8 hours of professional development specifically related to ELs every year to meet the program director requirement. You can find more details about program director requirements in 23 Ill. Admin. Code, Part , here: Whole Child • Whole School • Whole Community

Do TBE/TPI staffing requirements apply to all schools?
Public school districts and schools that hold a charter with ISBE Charter schools that hold a charter with public school districts in Illinois Any preschool program (for children ages 3–5 years old) administered by a school district, regardless of whether the program is provided in an attendance center or a non-school-based facility Staffing requirements apply to the entities listed on the slide. Staffing requirements are NOT required by programs operated by community organizations that receive their funding directly from ISBE and programs in private centers that receive no ISBE/school district funding. You can find more details about program director and educator requirements in 23 Ill. Admin. Code, Part , here: Whole Child • Whole School • Whole Community

Special Education (23 Ill. Admin. Code, Part 226)
A qualified bilingual specialist or ESL/ bilingual teacher must be included, if the presence of such a person is needed, to participate in ELs’ Individualized Education Program (IEP) teams. An individual who provides both ESL and special education services must have a Professional Educator License endorsed in Learning Behavior Specialist 1 (LBS 1) and also be endorsed in bilingual or ESL. An IEP team shall include a qualified bilingual specialist or bilingual teacher, if the presence of such a person is needed to assist the other participants in understanding the child’s language or cultural factors as they relate to the child’s instructional needs. If documented efforts to locate and secure the services of a qualified bilingual specialist are unsuccessful, the district shall instead meet the requirements set forth in Section (b) of the 23 Illinois Administrative Code. You can find more details about program director and educator requirements in 23 Ill. Admin. Code, Part , here: Whole Child • Whole School • Whole Community

EL Staff Professional Development
Districts are required to provide a minimum of two high-quality professional development opportunities on EL education for their TBE/TPI staff, including: Training for new-to-district staff, Spanish language arts professional development (for full-time Spanish TBE programs, which must be offered at least once a year), and Training for individuals who administer the screeners and annual assessment for English language proficiency. Professional development for EL staff should be on topics related to current research of bilingual education or ESL or on preparing EL staff for proctoring English language proficiency screening and the annual assessment. You can find more details about program director and educator requirements, including professional development, in 23 Ill. Admin. Code, Part , here: Whole Child • Whole School • Whole Community

Tracking the Progress of English Learners
Progress Reports: LEAs must send progress reports to parents or legal guardians of ELs in the same manner and with the same frequency as their non-EL peers Progress reports must describe the student's progress in the EL program and in the general program of instruction Districts are required to notify parents about progress in ELP and academic areas. They must send a report card to parents in a language that is accessible in the same manner and frequency as for non-ELs. The progress reports must indicate the progress students make in the ELP program, as well as in the general classroom. The report must be in a language that the parents can understand. You can find more details of the requirements of the HLS process and screening process on 23 Ill. Admin. Code Part here: Whole Child • Whole School • Whole Community

Tracking the Progress of English Learners
The English language proficiency (ELP) of ELs is tracked annually for all ELs in grades K-12 Illinois uses the ACCESS for ELLs to measure EL’s ELP and has set an overall composite score of 4.8 for reclassification. The ACCESS also aligns to Illinois ELP standards. Illinois’ ELP assessment is WIDA’s ACCESS for ELLs The reclassification score in Illinois is an overall composite of 4.8 on ACCESS. Districts must monitor/track all ELs’ growth in ELP using the ACCESS results. This is further detail on the IL-ESSA Plan linked here: Whole Child • Whole School • Whole Community

Monitoring of Former English Learners
Districts are required to monitor the academic performance of former ELs for at least two years after having exited EL services. The Illinois ESSA plan also requires school districts to report on the number and percentage of former ELs meeting state academic standards from the year ELs exit services until they graduate from high school. There are state requirements for monitoring former ELs. Federal guidance in the “Dear Colleague Letter” issued by the US Department of Education details the two year monitoring for academic performance requirement (see top of page 32 here: The IL-ESSA Plan details are linked here: Whole Child • Whole School • Whole Community

Re-entry of ELs in EL Services
If a student is exited from EL services but struggles to perform at grade-level due to English language needs, the student may be re-enrolled in an EL program upon a parent’s request and based on the district’s ability to service the student. Parents may request that a student be re-entered into EL services after having met English language proficiency (ELP). Teachers may identify students who can benefit from additional EL services after having met ELP, but the parents must make the request for the child to receive services again. If the school is able to provide EL services to a former-EL, they may do so at the parent’s request. A child may only be re-screened for EL services after having met ELP at the request of the parent. However, the parent must understand that the results of the screening performed to a former EL may reclassify the student into EL services and the child will have the EL designation until ELP is demonstrated on ACCESS again. You can find more details of the process for servicing former ELs on 23 Ill. Admin. Code Part 228 here: Whole Child • Whole School • Whole Community

Effective Communication with EL Parents

Federal Requirements for Meaningful Communication with EL Parents
Schools must communicate information in a language parents can understand, including information about or related to: Registration and enrollment in school and school programs Language assistance programs Report cards Student discipline policies and procedures Special education and related services Parent-teacher conferences Grievance procedures Parent handbooks Gifted and talented programs; magnet and charter school options Requests for parent permission for student participation in school activities For all language minority parents – not just parents of EL students. Whole Child • Whole School • Whole Community

State Section 228.30 Establishment of Programs: Bilingual Parent Advisory Committee
Districts with TBE programs must have a Bilingual Parent Advisory Committee Majority of members are parents of TBE students Meets 4 times a year Advises district on the planning, operation and evaluation of the program District provides them with training at least once a year Once formed, the Committee operates autonomously Required when there is a TBE program Whole Child • Whole School • Whole Community

Additional EL Updates Whole Child • Whole School • Whole Community

Evidence-Based Funding (EBF)
EL State Funds are included in EBF Check FY19 Distributions Calculations No more TBE/TPI Funding No Application Required for EBF Spending Plan & Expenditure Report Required* All statutory requirements under Article 14C of the School School still apply At least 60% of EL-EBF funds must be used for EL instructional purposes Bilingual Parent Advisory Committee must review use of funds Conversations with Fiscal Officers and others in district office Whole Child • Whole School • Whole Community

EBF: Important Deadlines
FY19 Spending Plans due September 30th from all districts under EBF Maximum flexibility while meeting statute requirements To become part of consolidated approach to planning in future Districts that received over $5,000 in EL-EBF funds in FY18, must submit an FY18 Expenditure Report due September 30th After a year of learning through implementations, here are some deadlines to not miss: The EBF spending plan, which is required of all school districts receiving EBF funds in Fiscal Year 2019, is due September 30, 2018 This initial iteration of the EBF spending plan provides for maximum flexibility while also meeting statute requirements In the year to come, the spending plan will shift into a consolidated approach to better align it with other funding sources that a district receives Also, please don’t forget that districts that received more than $5000 in EL funds under EBF must submit an expenditure report due September 30, That’s the same deadline as the FY19 Spending Plan. Whole Child • Whole School • Whole Community

EL Supports and Monitoring
Integration with Title I Collaboration with IL-EMPOWER Desktop monitoring Onsite monitoring To begin late in fall 2018 Districts and schools will be notified in advance Self-monitoring tool to be shared prior to visit FOCUS: Identifying and supporting areas of need Whole Child • Whole School • Whole Community

Consolidation Efforts (forthcoming)
Data Dashboard Needs Assessment One consolidated district plan EL Components included One consolidated district grant application Consolidated Titles grant application Two-way mirror: allows districts to further understand their needs and creates an opportunity for ISBE to learn more about districts Whole Child • Whole School • Whole Community

NEW RESOURCE! Whole Child • Whole School • Whole Community

Professional Development Modules: English Learner Tool Kit isbe.net/ELToolkit Whole Child • Whole School • Whole Community

Contact Information Samuel Aguirre (312) 814–1614 Whole Child • Whole School • Whole Community

English Learners & Title I Accountability

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