2. New Title III Guidance U.S. Department of Education and U.S. Department of Justice Jointly Released: January 7, 2015 Office of Program Administration and Accountability February 24, 2015

3. New Title III Guidance The U.S. Department of Education in cooperation with the U.S. Department of Justice 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.

4. New Title III Guidance The Guidance consists of the following documents: Dear Colleague Letter Tools and Resources for Identifying All English Language Learners 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)

5. 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.

6. 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.

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

8. 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.

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

10. ED & DOJ Title III Guidance

11. 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.

12. ED and DOJ Title III Guidance

13. Providing Language Assistance to ELLs

14. 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 in Kindergarten

15. 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 ELLs at Higher Proficiency Levels

16. 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. Special Populations ELLs

17. Staffing

18. 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

19. 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

20. 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

21. 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

22. Providing Access to all Programs and Services

23. 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.

24. 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.

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

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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

32. Meeting the Needs of “Opt-Out” ELLs

33. 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

34. 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

35. 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

36. 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

37. Monitoring Exited Students

38. 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

39. 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

40. Further Questions? Submit questions regarding the new Title III guidance to: ESEA@doe.virginia.gov Subject line: Title III Guidance

41. Link to New Title III Guidance Documents http://www2.ed.gov/about/offices/list/ocr/ellresources.html

42. Virginia Department of Education Title III Contacts Veronica Tate Director Program Administration and Accountability Veronica.Tate@doe.virginia.gov (804) 225-2870 Judy Radford Stacy Freeman ESL CoordinatorTitle III Specialist Judy.Radford@doe.virginia.gov Stacy.Freeman@doe.virginia.govJudy.Radford@doe.virginia.govStacy.Freeman@doe.virginia.gov (804) 786-1692(804) 371-0778 Christopher Kelly Education Coordinator Christopher.Kelly@doe.virginia.gov (804) 225-2122