1. Curriculum and materials
session 9-consent decree
laws concerning the education of ESOL students. 

2. There are no federal laws that mandate bilingual education in the United States.  Instead, there are statutes and case laws that guide the educational rights and civil rights of limited English students.  These statutes and cases include:

3. Title VII: Bilingual Education Act
Lau V. Nichols (1974), and
The Equal Educational Opportunities Act.

4. Not until 1990 did there exist a set of standards specific for Florida
Not until 1990 did there exist a set of standards specific for Florida.  These standards came from a consent decree that provides an outline for serving ELLs.  The consent decree guarantees the rights of students in the Florida Education System. 

5. Read the following article:  The ESL Standards: Bridging the Academic Gap for English Language Learners

6. The Consent Decree is a framework that ensures compliance with federal and state laws focusing on the civil rights of ELL students. The decree is broken down into six sections.

7. Section I - Identification and Assessment
Section II - Equal Access to Appropriate Programming
Section III - Equal Access to Appropriate Categorical and Other Programs for ELLs
Section IV - Personnel
Section V - Monitoring Issues
Section VI - Outcome Measures

8. For the purpose of this lesson we'll focus on Section I of the Consent Decree.  Click here to access the Consent Decree

9. Parent Involvement
Parent involvement in any child's education and school experience is very important, especially in the ESOL student's education.  Parents have a vital role in helping to select the program and direction of their child's education.  

10. Everyone is aware of the importance of home-school communications and the challenge to actually involve parents in school activities/meetings.   

11. This becomes more challenging with the culture and linguistic differences teachers face with ESOL students and their families.  The role of education is viewed differently among cultures and needs to be recognized when seeking parental involvement. 

12. Depending on the culture, the parental involvement can range from indifference to a strong involvement.  The following are suggestions on how to involve ESOL parents.

13. At the beginning of the school year hold meetings with translators to have parents fill out necessary forms.
Provide notes and letters to parents/guardians in their native language.

14. When sending notes home, insure that proper phrases are used.
Try to arrange parent conferences at convenient times for parents.
Include translators for all meetings.

15. Classroom notes and school newsletters should be bilingual.
Ask for input on student issues.
Invite parents to share their culture in the classroom.

16. Engage parents through community support.
Learn what resources are available for the ESOL family to support their needs.
Develop cultural awareness of the ESOL family's native culture.  

17. All new students must be identified as either needing or not needing ESOL services.  This is done by collecting information on the student's national origin and native language.  This information is collected through a Home Language Survey which is given to parents and guardians when they register their children at a school.  The survey consists of three questions:

18. Is a language other than English spoken at home?
Did the student have a first language other than English?
Does the student most frequently speak a language other than English?

19. If any of these questions are answered with "yes," the assessment process begins.  If all questions are answered with a "no" then nothing further needs to be done.

20. The first step in the assessment process is the determination of the correct placement of the student in the ESOL program.  This starts with administering an aural/oral and a reading and writing test depending on the student's grade level and the decision of the ELL Committee.

21. The ELL Committee is a school-based committee made up of ESOL teachers, administrators or their designee, guidance counselors, social workers, school psychologists, and any other educators as appropriate for the situation.  The committee is the advisory group responsible for recommending and steering the ELL's educational path.

22. The function of the ELL Committee is not restricted only to the academic concerns of the students, but can also convene for behavioral/social and other issues that affect the student's performance and behavior. 

23. Read the handbook provided by Volusia County School's ESOL Department
Read the handbook provided by Volusia County School's ESOL Department.  To find the handbook, logon to the VCS' website.  Go to "Departments" then "Federal Programs and Grants".  Click on "ESOL and Title III".  the handbook will be a link under "Resources" on the right side of the page.

24. Placement of students in the ESOL program is based on a period of three years.  However, if the ESOL student does not meet the requirements for exit, they will continue in the program.  If the student remains in the ESOL program after three years, they will be assessed annually each year.  The student's prior school records are also reviewed to properly place the student in courses.  This review is done by reviewing records, interviewing the parents/guardians, interviewing the student, and administering subject specific tests.

25. As the ESOL student acquires the new language, there will be a time when the student will need to be exited from the ESOL program.  This process is like the initial placement where the students are assessed with an aural/oral and reading and writing test.  If any questions arise about the student's placement, then the ELL Committee must meet.

26. Once a student is exited from the ESOL program, the student will still be reviewed for two years after the exit date.  The students are reviewed at the first report card after exiting, at the end of the first semester after exit, and at the end of the second year. .

27. If the student is not making adequate progress, then the ELL Committee is asked to meet to discuss the concerns.  The committee will determine if inadequate progress is from a language proficiency issue.   If the cause is determined to be from a proficiency issue, then the ELL Committee can place the student back into the ESOL program

28. In Volusia County we use the CELLA (Comprehensive English Language Learning Assessment) test for the purpose of testing ELLs.  The CELLA is a four-skill language proficiency assessment developed under the Educational Testing Service in the following four areas:

29. Listening
Speaking
Reading
Writing

30. These areas are divided into four test levels:
Level A (Grades K-2)
Level B (Grades 3-5)
Level C (Grades 6-8)
Level D (Grades 9-12)

31. The sections targeting listening, reading and writing are administered in a group setting.  The section covering speaking is given by the instructor on a one-on-one basis.  Prior to the CELLA test being given, the teacher gives the student a 15-question multiple choice test that is designed to determine which level of the assessment is appropriate for the student to be tested at.

32. The Role of the ELL Committee
The ELL Committee is a school-based committee involved with the entry and exit of students from the ESOL program.  This group is an advisory group that knows the issues affecting the education of ELLs. 

33. The committee is called on to make recommendations on issues relating to the ELL's education.  It is also called upon to access a student's progress.  During the assessment, the student's grades, test scores, recommendations by the teacher, and parent requests are reviewed and can lead to programmatic changes or suggestions for intervention that will benefit the student. 

34. The ELL Committee is also called upon for behavioral concerns
The ELL Committee is also called upon for behavioral concerns. The committee also acts to assist in explaining the program to parents.

35.  One of the main functions of the ELL Committee is to be familiar with ESOL issues and programs.  This is very important when identifying and placing ESOL students.  One issue that often arises is when an ESOL student is thought to have a learning disability.  Students fail in school due to many reasons.  These include students who have limited access to bilingual instruction, lack of prior knowledge, experiences, and learning difficulties from linguistic or cultural differences.  If these issues are not addressed in an appropriate and timely manner, then the gap between the ESOL students' achievement and their native-speaking peers will increase.  Often students might need specialized instruction due to specific learning disabilities.  The issue that always develops is whether the student is truly learning disabled or if the student issues come from limited English.  ESOL students are at a disadvantage due to the fact that tests that are often given to the students are not appropriate for ESOL students.  Most learning problems can be prevented if the ESOL student is in a positive school and classroom atmosphere.  However, when prevention and intervention strategies fail to solve the learning disability, then referrals to special education are needed.  The referral is done through a SST committee meeting and goes to a special education committee where recommendations are made on the student's education program.  The following articles will help clarify learning disabilities and foreign language learning and parent perceptions of learning disabilities. 

36. Read the following article: Click on the following link and read this article: Learning Disabilities and Foreign Language Learning .
The following information is reviewed during the SST meeting and helps to guide the committee's decisions for the placement into a program that is in the best interest of the ELL.

37. Place of birth
Entry date to the United States
Years in a U.S. school
Years of education in the student's native language
Educational history
Prior evaluations
Entry date in ESOL program

38. Physical limitations (glasses, hearing aids, etc)
Special services already being provided, if any
School absences or tardiness
Home Language Survey
Review of school records
Contact with parent

39. After the committee reviews all information concerning the ELL, one of two choices can be made.  The committee can recommend that more classroom modifications be made or they can make a referral to special education to determine if the student has a specific learning disability.

40. If the student is found to have a specific leaning disability and qualifies for services with special education, the student must be given certain rights and needs.
The right to a free and appropriate public education.
The right to an Individual Education Plan (IEP) specifying the services that will be provided.

41. The need to have cognitive, linguistic, academic, and social/emotional characteristics considered and appropriate environment modifications or accommodations made.
Some of the questions that often arise when working with ESOL students who also might have special needs include:
Can students receive both ESOL and special education services?
Students can receive both ESOL and special education services. There are no regulations that keep a student from participating in ESOL and special education programs.
How long do we have to wait before referring an ESOL student to SST?
There are no time restrictions on the length of time to wait before referring a student for any program. However, sufficient time should be given for modifications and implementations of accommodation plans.

42. Can students receive both ESOL and special education services?
Students can receive both ESOL and special education services. There are no regulations that keep a student from participating in ESOL and special education programs.

43. How long do we have to wait before referring an ESOL student to SST?
There are no time restrictions on the length of time to wait before referring a student for any program. However, sufficient time should be given for modifications and implementations of accommodation plans.