PROTECTING THE RIGHTS OF ENGLISH LANGUAGE LEARNERS IN OUR SCHOOLS.

PROTECTING THE RIGHTS OF PROTECTING THE RIGHTS OF ENGLISH LANGUAGE ENGLISH LANGUAGE

LEARNERS IN OUR SCHOOLSLEARNERS IN OUR SCHOOLS

DEMOGRAPHICSDEMOGRAPHICS

• There are over 5.1 million students There are over 5.1 million students identified as Limited English Proficient (LEP) identified as Limited English Proficient (LEP) or English language learner’s or (ELL) in the or English language learner’s or (ELL) in the U.S.U.S.

• LEP/ELL students are 10.5% of total public LEP/ELL students are 10.5% of total public school enrollment. There has been a 56% school enrollment. There has been a 56% increase in the enrollment of LEP/ELL increase in the enrollment of LEP/ELL students since 1994-95.students since 1994-95.

• Florida has the fourth largest number of LEP Florida has the fourth largest number of LEP students in the U.S.students in the U.S.

• Spanish speaking students represent Spanish speaking students represent approximately 73% of all LEP students.approximately 73% of all LEP students.

FEDERAL PROTECTIONSFEDERAL PROTECTIONS

Lau v. NicholsLau v. Nichols, 414 U.S. 563 (1974):, 414 U.S. 563 (1974): ““There is no equality of treatment merely by providing students with There is no equality of treatment merely by providing students with

the same facilities, textbooks, teachers, and curriculum; for students the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from any who do not understand English are effectively foreclosed from any meaningful education…Basic English skills are at the very core of meaningful education…Basic English skills are at the very core of what these public schools teach. Imposition of a requirement that what these public schools teach. Imposition of a requirement that before a child can effectively participate in the educational program, before a child can effectively participate in the educational program, he must already have acquired those basic skills is to make a he must already have acquired those basic skills is to make a mockery of public education. We know that those who do not mockery of public education. We know that those who do not understand English are certain to find their classroom experiences understand English are certain to find their classroom experiences wholly incomprehensible and in no way meaningful.” (wholly incomprehensible and in no way meaningful.” (Id at 566)Id at 566)


• The Equal Educational Opportunities Act of The Equal Educational Opportunities Act of 1974 20 U.S.C.1974 20 U.S.C.§1703 (f):§1703 (f):

“ “No State shall deny equal educational No State shall deny equal educational opportunity to an individual on account of his opportunity to an individual on account of his or her race, color, sex, or national origin, by or her race, color, sex, or national origin, by […][…]

(f) the failure by an educational agency to take (f) the failure by an educational agency to take appropriate action to overcome language appropriate action to overcome language barriers that impede equal participation by its barriers that impede equal participation by its students in its instructional programs.”students in its instructional programs.”


• CastaCastañeda v. Pickardñeda v. Pickard, 648 F.2d 989 (5, 648 F.2d 989 (5thth Cir. Cir. 1981).1981).

“ “ A school district must provide A school district must provide programming through which LEP students programming through which LEP students can acquire the English language skills can acquire the English language skills necessary to compete academically with necessary to compete academically with their English speaking peers; their English speaking peers; andand

“ “A school district must ensure that these A school district must ensure that these same students do not suffer academic same students do not suffer academic deficits because of their English language deficits because of their English language limitations (limitations (Id at 1011).Id at 1011).


The CastaThe Castañeda Framework:ñeda Framework:1.1. Is the school district “pursuing a program Is the school district “pursuing a program

informed by an educational theory recognized as informed by an educational theory recognized as sound by some experts in the field, or at least, sound by some experts in the field, or at least, deemed a legitimate experimental strategy? deemed a legitimate experimental strategy? (Id (Id at 1009)at 1009)

2.2. Are the programs and practices actually used by a Are the programs and practices actually used by a school system “reasonably calculated to school system “reasonably calculated to implement effectively the educational theory implement effectively the educational theory adopted by the school?” adopted by the school?” (Id at 1010).(Id at 1010).

3.3. When based on a legitimate theory and properly When based on a legitimate theory and properly implemented, is the program achieving its implemented, is the program achieving its intended goal which should result in language intended goal which should result in language barriers being overcome? (Id at 1010).barriers being overcome? (Id at 1010).

STATE LAW PROTECTIONSSTATE LAW PROTECTIONS

Florida Constitution Art. IX Florida Constitution Art. IX §1 (2008)§1 (2008)

“ “The education of children is a fundamental The education of children is a fundamental value of the people of the State of Florida. It is value of the people of the State of Florida. It is therefore, a paramount duty of the state to therefore, a paramount duty of the state to make adequate provision for the education of make adequate provision for the education of all children residing within its borders. all children residing within its borders. Adequate provision shall be made by law for a Adequate provision shall be made by law for a uniform, efficient, secure, and high quality uniform, efficient, secure, and high quality system of free public schools that allows system of free public schools that allows students to obtain a high quality education…”students to obtain a high quality education…”


LULAC et al. v. Florida Department of LULAC et al. v. Florida Department of Education, Education, S.D. Fla. (1990). Consent Decree.S.D. Fla. (1990). Consent Decree.All LEP students are entitled to equal access All LEP students are entitled to equal access to all programs that are appropriate for their to all programs that are appropriate for their academic needs. Including compensatory, academic needs. Including compensatory, exceptional, vocational, adult, or early exceptional, vocational, adult, or early childhood education as well as dropout childhood education as well as dropout prevention and other support services prevention and other support services without regard of their level of English without regard of their level of English language proficiency.language proficiency.


Authority to implement the consent Authority to implement the consent decree:decree:

• Florida Statutes Florida Statutes §1003.56 §1003.56

• Florida Administrative Code Rules Florida Administrative Code Rules 6A-6.0900 to 6A-6.0909.6A-6.0900 to 6A-6.0909.

STATE LAW PROTECTIONSSTATE LAW PROTECTIONSLULAC CONSENT DECREELULAC CONSENT DECREE

Section I: Identification and Assessment:Section I: Identification and Assessment:

• All LEP students must be appropriately identified and assessed. All LEP students must be appropriately identified and assessed. The assessment must measure not only the student’s level of The assessment must measure not only the student’s level of English language proficiency but English language proficiency but also the student’s level of also the student’s level of proficiency in basic subject areas. proficiency in basic subject areas.

• Classification and Reclassification: English proficiency shall be Classification and Reclassification: English proficiency shall be determined by reassessing the student utilizing the same or determined by reassessing the student utilizing the same or comparable assessment instruments, procedures and standards comparable assessment instruments, procedures and standards for initial assessment adjusted for grade and age.for initial assessment adjusted for grade and age.

• Post Reclassification Monitoring: Former LEP students’ Post Reclassification Monitoring: Former LEP students’ performance shall be reviewed at the first report card and semi-performance shall be reviewed at the first report card and semi-annually during first year after exiting and at end of second year annually during first year after exiting and at end of second year after exiting.after exiting.


Section II: Equal Access to Appropriate Programming:Section II: Equal Access to Appropriate Programming:

Must include both access to intensive English language Must include both access to intensive English language instruction & instruction in basic subject areas of math, instruction & instruction in basic subject areas of math, social studies, computer literacy which is: social studies, computer literacy which is:

1) Understandable to the LEP student given his level of 1) Understandable to the LEP student given his level of English language proficiency.English language proficiency.

2) Equal and comparable in amount, scope, sequence and 2) Equal and comparable in amount, scope, sequence and quality to that provided to English proficient students. quality to that provided to English proficient students.


Section II: Equal Access to Appropriate Programming:Section II: Equal Access to Appropriate Programming:

1)1) Each District must submit a District LEP Plan to Fl. Each District must submit a District LEP Plan to Fl. DOE describing its proposed procedures and DOE describing its proposed procedures and methodologies for serving LEP students. methodologies for serving LEP students.

2)2) The District LEP Plan must include standards, for The District LEP Plan must include standards, for entry, exit, and post reclassification monitoring; entry, exit, and post reclassification monitoring; instructional and categorical services; Evidence of instructional and categorical services; Evidence of consultation with the Parent Leadership Council or consultation with the Parent Leadership Council or other advisory board representing LEP Parents.other advisory board representing LEP Parents.

3)3) District LEP Plans must be updated and reviewed District LEP Plans must be updated and reviewed by Fl. DOE every three years.by Fl. DOE every three years.


• Basic ESOL programs shall include instruction to develop skills in Basic ESOL programs shall include instruction to develop skills in speaking, listening, reading and writing English.speaking, listening, reading and writing English.

• LEP students must be classified according to their level English LEP students must be classified according to their level English language proficiency, academic achievement, and special needs.language proficiency, academic achievement, and special needs.

• LEP students must be provided Basic ESOL instruction for the LEP students must be provided Basic ESOL instruction for the minimum number of hours specified in their LEP Plan.minimum number of hours specified in their LEP Plan.

• A students ESOL teacher, parent or parent’s designee, or other A students ESOL teacher, parent or parent’s designee, or other school personnel may request the convening of the LEP school personnel may request the convening of the LEP committee to identify any special problems which may be committee to identify any special problems which may be hindering a student’s progress in ESOL. The LEP committee shall hindering a student’s progress in ESOL. The LEP committee shall make appropriate recommendations to modify the student’s LEP make appropriate recommendations to modify the student’s LEP Plan.Plan.


ESOL Instruction in Basic Subject Areas:ESOL Instruction in Basic Subject Areas:A district that provides understandable instruction A district that provides understandable instruction through ESOL strategies shall assure and be able through ESOL strategies shall assure and be able to document that:to document that:

a)a) Each course has been structured in conformity Each course has been structured in conformity with ESOL strategy for teaching LEP students with ESOL strategy for teaching LEP students basic subject matter.basic subject matter.

b)b) Each course is taught by qualified personnel and Each course is taught by qualified personnel and appropriate materials are available.appropriate materials are available.

c)c) Students are learning and progressing towards Students are learning and progressing towards completion of the district’s pupil progression plan.completion of the district’s pupil progression plan.


LEP students in basic subject area classrooms LEP students in basic subject area classrooms shall have access to an individual proficient in shall have access to an individual proficient in their language in addition to a trained ESOL their language in addition to a trained ESOL subject area teacher.subject area teacher.

Schools with at least 15 students speaking in the Schools with at least 15 students speaking in the same language shall provide at least one aide or same language shall provide at least one aide or teacher proficient in the same language trained teacher proficient in the same language trained to assist in ESOL basic instruction. to assist in ESOL basic instruction.


• Parental Involvement in LEP student Parental Involvement in LEP student programming programming and academic and academic achievement shall be promoted by achievement shall be promoted by establishing a establishing a Parent Leadership Council at each Parent Leadership Council at each school or at school or at district level. district level.

• Parents of LEP students shall be providedParents of LEP students shall be providedLeadership training and orientation. Parents of Leadership training and orientation. Parents of LEP LEP students shall be informed of the students shall be informed of the opportunity to be opportunity to be represented on existing represented on existing school and district advisory school and district advisory committees. committees.


Home School Communications:Home School Communications:

All communicationsAll communications (written and oral) between (written and oral) between school district boards and personnel and parents school district boards and personnel and parents of current or former LEP students must be of current or former LEP students must be undertaken undertaken in the parents’ primary languagein the parents’ primary language or other mode of communication commonly used or other mode of communication commonly used

by the parents unless clearly not feasible.by the parents unless clearly not feasible.


Personnel Training and CertificationPersonnel Training and Certification• Teachers of basic ESOL, teachers of primary English, Language Teachers of basic ESOL, teachers of primary English, Language

Arts, Reading or ESE need ESOL endorsement by 300 master Arts, Reading or ESE need ESOL endorsement by 300 master plan points or 15 college semester hours through a series of plan points or 15 college semester hours through a series of approved Fla. DOE courses.approved Fla. DOE courses.

• Content Area Teachers teaching LEP students in areas of math, Content Area Teachers teaching LEP students in areas of math, science, social studies, and computer literacy using home science, social studies, and computer literacy using home language strategies need 60 in-service points or 3 college language strategies need 60 in-service points or 3 college semester hours.semester hours.

• Content Area Teachers teaching LEP students in math, science, Content Area Teachers teaching LEP students in math, science, social studies, and computer literacy using ESOL strategies need social studies, and computer literacy using ESOL strategies need 60 in service points or 3 college semester hours of an Fla. DOE 60 in service points or 3 college semester hours of an Fla. DOE approved course.approved course.

• Other subject areas (art, music, physical education etc) need 18 Other subject areas (art, music, physical education etc) need 18 in-service points or 3 college semester hours.in-service points or 3 college semester hours.

• Guidance counselors must have 60 in-service points in ESOL Guidance counselors must have 60 in-service points in ESOL strategies or 3 college semester hours.strategies or 3 college semester hours.


2003 Modifications to Consent Decree:2003 Modifications to Consent Decree:

• Certified teachers may obtain ESOL subject Certified teachers may obtain ESOL subject area coverage by passing a state approved area coverage by passing a state approved ESOL certification exam. A teacher certified ESOL certification exam. A teacher certified through this option must obtain 120 hours of through this option must obtain 120 hours of in-service training or continuing education in-service training or continuing education within 3 years.within 3 years.

• School Administrators and Guidance School Administrators and Guidance Counselors must obtain 60 hours of in service Counselors must obtain 60 hours of in service training or continuing education within 3 years.training or continuing education within 3 years.


Monitoring and Outcome MeasuresMonitoring and Outcome Measures• Fla. Department of Education is required to Fla. Department of Education is required to

monitor districts for 1) Program compliance; 2) monitor districts for 1) Program compliance; 2) Equal access under the Florida Educational Equal access under the Florida Educational Equity Act; 3) Program Effectiveness.Equity Act; 3) Program Effectiveness.

• Any interested person may file a complaint Any interested person may file a complaint with the Florida Dept. of Education alleging with the Florida Dept. of Education alleging violations by a school district. DOE has 60 violations by a school district. DOE has 60 days to investigate and report findings. Any days to investigate and report findings. Any violations shall result in a corrective action violations shall result in a corrective action plan. plan.

PROTECTING THE RIGHTS OF ENGLISH LANGUAGE LEARNERS IN OUR SCHOOLS.

Documents

Transcript of PROTECTING THE RIGHTS OF ENGLISH LANGUAGE LEARNERS IN OUR SCHOOLS.