Civil Rights Obligations - PowerPoint Presentation

1. Civil Rights Obligations for English Learner Students – Part OneKDE Office of Continuous Improvement and SupportDivision of School and Program Improvement

2. GoalsParticipants in this training will leave with an understanding of some of the civil rights obligations for serving English learner (EL) students.2

3. Civil Rights Obligations – Part One3

4. Identifying and Assessing Potential ELs ESSA 3113(b)(2) requires that states establish standardized statewide entrance and exit procedures for ELs. 703 KAR 5:070 requires all Kentucky districts administer a Home Language Survey (HLS) to all students enrolled in the district as a first screening process to identify potential EL students.ESSA 1112(e)(3)(D) prohibits basing any part of the EL identification process on the basis of a surname or language minority status.4

5. Home Language Survey (HLS)Based at a minimum on four questions:What is the language most frequently spoken at home?Which language did your child learn when he/she first began to talk?What language does your child most frequently speak at home?What language do you most frequently speak to your child?DO: Reassure parents the HLS is used solely to offer appropriate educational services, not for determining legal status or for immigration purposes.DON’T: Include questions which have a “chilling effect” and thereby discourage enrollment and/or attendance.Social Security NumberDate child first entered the USAdditional information and sample HLS documents are available in Chapter 1 of the English Learner Toolkit5

6. Home Language Survey TemplateKDE created a home language survey template featuring clarifying language to help parents understand the purpose of the HLS and decrease instances of misidentification. Districts are not required to use the template but are encouraged to review the language and consider incorporating it into their own HLS.6

7. Removing the Chilling Effect7

8. Right to Enroll in SchoolRequired InformationVoluntary InformationProof of Residency in the School DistrictCannot require parents’ state-issued identification or driver’s license.Proof of AgeCannot require student’s birth certificate.Proof of ImmunizationMust be provided within 2 weeks of the child’s attendance.Social Security NumbersMust explain for what purpose the number will be used.Race or Ethnicity Data8

9. Identification ProcessAdminister the HLS to all students upon enrollment.Review HLS responses; if any answers are a language other than English, the student is a potential EL and must be screened using the appropriate WIDA screener.Kindergarten: W-APTA kindergarten student who has taken the W-APT must be enrolled as an EL student regardless of the score results. The student may not exit EL status until receiving at least a 4.5 overall composite on the ACCESS for ELLs test in the first grade.Grades 1 – 12: WIDA Screener OnlineStudents scoring a 4.5 overall composite or above are identified as Initially Fully English Proficient (IFEP) and are not enrolled as ELs.Students scoring below a 4.5 overall composite are enrolled as ELs. These students will take the ACCESS for ELLs each January and will remain active ELs until scoring at least a 4.5 overall composite on the ACCESS test.A Program Service Plan (PSP) is created for each student enrolled as an EL.9

10. WIDA Screener AssessmentsKindergarten W-APTA paper-and-pencil test given to incoming kindergarteners to identify ELs30 minutes total test timeDoes not assign scores across the full range of WIDA English Language Proficiency Levels 1-6WIDA ScreenerAn English language proficiency test given to students in grades 1 – 12 to identify ELs80-85 minutes total test timeAvailable in 2 formats (online and paper)Reports proficiency level scores in each language domain and 3 composite scores: oral language, literacy and overall score10

11. Scenarios: Which of These Students Could Be Identified as ELs?11

12. Scenario 1: Foreign Exchange StudentA foreign exchange student who has been deemed English proficient by the foreign exchange program in their home country could be identified as an EL. The HLS is completed for all students, including foreign exchange students. Answers other than English will result in this student needing to be screened for ELP.Although the student has been declared English proficient in their home country, they may not meet the standardized statewide ELP standards for Kentucky. Unless the home country uses the WIDA ACCESS for ELLs to determine ELP, the student must be assessed using our criteria.This was verified through a December 2010 guidance document from USED and reiterated by USED at a 2019 CCSSO meeting.12

13. Scenario 2: Student Using American Sign LanguageA deaf student who communicates through American Sign Language could not be identified as an EL, unless they meet the ESSA definition of an EL and their primary language is based on national origin. According to the July 2015 Title III Director letter from USED, an individual cannot be considered an EL solely because of their reliance on ASL for communication due to deafness or hearing impairment.Individuals whose native language is based on national origin and who also have a hearing impairment and rely on ASL for communication could be considered an EL because their native language is a language other than English.13

14. Scenario 3: Adopted StudentA student adopted from a non-English speaking country now living in a home where only English is spoken could be identified as an EL.The English language proficiency of students and parents are independent from one another.English proficient parents may have a non-English proficient child and vice versa.Scenarios such as this emphasize the importance of the HLS question “What language did your child learn when he/she first began to talk?”14

15. Scenario 4: English-Only HLSA student whose HLS lists only English, but the school knows another language is spoken in the home, could not be identified as an EL. Based on the identification process, a student whose HLS lists only English would not be flagged as a potential EL and there would be no justification for assessing their ELP. The HLS is more likely to be completed accurately when the district:Eliminates questions with a chilling effect from the surveyClearly explains the purpose of the surveyProvide the survey in a language parents can understand through a translated document and/or a qualified interpreter15

16. Assessment AccommodationsStudents receiving EL services must have a Program Service Plan (PSP) in place. 703 KAR 5:070 guidance requires the following documentation be kept for students needing assessment accommodations as determined by the PSP committee:The name and date of the English language proficiency (ELP) assessment administered to determine a student’s EL statusA PSP that includes the specific accommodations to be implemented in instruction.A list of the names of the PSP committee members who reviewed the documentation and made the decisions. The list of staff shall be placed with the Title III records.The appropriate accommodations neededThe signature of the principal of the appropriate school as an indication of approval for the described accommodations16

17. EL Student FoldersDistricts must also maintain a folder for each EL student containing information related to the student’s status as an EL and details about their individual PSP.17

18. Student Folder Contents18

19. Removal of EL DesignationAs a general rule, after a student is identified as an EL, the district may not remove the EL designation before that student meets the statewide exit criteria, even if the student’s parents object to the EL designation.Parents may decline EL services, but not the annual ELP assessment.There are very rare exceptions when a student has been erroneously identified as an EL. Please contact KDE in this situation prior to removing a student’s EL designation.19

20. Assessing English LearnersESSA 1111(b)(2)(G) requires districts to assess the English language proficiency of all ELs on an annual basis using an assessment aligned with the state’s ELP standards.The assessment measures students’ academic English language in the four language domains: listening, speaking, reading and writing.20

21. English Language Proficiency Assessments – ACCESS for ELLs21

22. Number of ELs Tested in KentuckyInformation courtesy of WIDA Data Dashboard22

23. Questions about Assessments for English Learners:KDE Office of Standards, Assessment and Accountability502-564-4394ACCESS for ELLs webpage23

24. Providing a Language Assistance ProgramStudents in EL programs must receive appropriate language assistance services until they are proficient in English and can participate meaningfully in the district’s educational programs without language assistance services. Services and programs must be educationally sound in theory and effective in practice based on the Castañeda standards.The program and services provided to the student will be outlined in the Program Service Plan (PSP).24

25. Providing a Language Assistance Program Checklist25

26. Staffing and Supporting an EL ProgramDistricts have an obligation to provide the personnel and resources necessary to effectively implement their chosen EL programs.Adequate number of highly qualified EL teachers to provide language assistance servicesStaff trained to support the EL programTrained administrators who can evaluate the EL program teachersAdequate and appropriate instructional materials at appropriate English proficiency and grade levelsAppropriate bilingual materials26

27. Qualified Teachers Checklist27

28. Adequate Number of Qualified Staff Checklist28

29. Adequate Resources for EL Program Checklist29

30. Staffing and Support Do’s and Don’tsDO: Offer language assistance services based on student need rather than staffing levels and teacher availability.DO: Provide adequate training to general education teachers who provide core content instruction to EL students.DON’T: Utilize mainstream teachers, paraeducators or tutors rather than fully qualified ESL teachers for ESL instruction.DON’T: Use a software program to provide EL services in lieu of a qualified ESL teacher.30

31. Providing Meaningful Access to All ProgramsEL students must be provided equal opportunities to meaningfully participate in all programs and activities.Curricular – Core curriculumCo-curricular – Advanced Placement, International Baccalaureate, honors programs, GATE, etc.Extracurricular – Athletics, teams, clubs, etc.31

32. Meaningful Access Checklist32

33. Avoiding Unnecessary SegregationEL programs may not unjustifiably segregate students on the basis of national origin or EL status. Programs which require EL students receive separate instruction for a period of time should be carried out in the least segregative manner consistent with achieving the program’s goals.33

34. Avoiding Unnecessary Segregation Checklist34

35. Unnecessary Segregation: Example Compliance IssuesFailure to give segregated EL students access to grade-level curriculum, special education or extracurricular activitiesSegregation of EL students for both academic and non-academic subjectsMaintaining students in language assistance programs longer than necessary to achieve the program goalsPlacement of EL students in newcomer programs due to perceived behavior problems or special needs35

36. Contact InformationKDE Office of Continuous Improvement and SupportDivision of School and Program ImprovementEnglish Learners, Migrant and Neglected Students Branch(502) 564-3791Kentucky Department of Education’s English Learners Contact Guide36

37. ResourcesBasic InformationEnglish Learner and Immigrant Students webpage (KDE)English Learner and Immigrant Resources webpage (KDE)District Guide for the English Learners ProgramDeveloping Programs for English Language LearnersPrograms for English Language LearnersMigration Policy Institute (MPI) ELL Information CenterA Matter of Design: English Learner Program Models in K-12 Education (MPI)Funding an Equitable Education for English Learners in the United States (MPI)English Learner Resources (USED)Legal Obligations and Guidance2015 Dear Colleague LetterEnglish Learner Toolkit (USED’s Office of English Language Acquisition)Memoranda on Schools’ Obligations Toward National Minority Students who are Limited English ProficientSchools’ Civil Rights Obligations to English Learner Students and Limited English Proficient Parents703 KAR 5:070Legal Protections for K-12 English Learner and Immigrant Background Students (MPI)Resources from the Migration Policy Institute (MPI) are provided for informational purposes and are not endorsed by KDE.37

38. Resources (Cont.)Communicating with LEP ParentsFact Sheet, Information for LEP Parents and Guardians and for Schools and Districts that Communicate with ThemDepartment of Justice’s Federal Coordination and Compliance SectionFederal Interagency Website: lep.gov Immigrant StudentsNewcomer ToolkitSupporting Undocumented Youth Resource GuideAssessmentACCESS for ELLsACCESS for ELLs ChecklistInclusion of Special Populations in State-Required Assessment and Accountability Programs 703 KAR 5:070 GuidanceInclusion of Special Populations Training 703 KAR 5:070 Webinar38