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The English Language Learner KnowledgeBase for Teachers

The English Language Learner (ELL) KnowledgeBase for Teachers is an online resource supporting educators responsible for implementing programs for ELL students. It offers resources related to teaching ELL students based on Office for Civil Rights and the No Child Left Behind Act requirements.

This KnowledgeBase is currently being updated to reflect recent changes under federal law. The current version is provided for your reference as much of the information may still be relevant.

Task 1: Review Federal Law and Legal Precedents


Guideline: School personnel must become familiar with the federal and state laws and precedent-setting court cases related to English language learners (ELLs) to understand the requirements for serving ELL students. Reviewing the provided resource documents will give such an understanding.

Legal

Definition of Limited English Proficient

The federal definition of limited English proficient (LEP) under the No Child Left Behind Act

Ensuring Equal Access for All Children to Public Schools, Regardless of Immigration Status

This resource provides links to the U.S. Department of Education website with updated guidance to assist public elementary and secondary schools to ensure enrollment processes are consistent with federal law and fulfill their obligation to provide all children with equal access to an education.

Guiding Federal Court Cases on Equal Educational Opportunity

There are several federal court cases that establish the legal foundation for providing equal educational opportunity to students with limited English proficiency, Brown v. Board of Education, Lau v. Nichols, Castaneda v. Pickard, and Plyler v. Doe. A summary of each decision is offered.

Brown v. Board of Education

https://www.oyez.org/cases/ 1940-1955/347us483

Lau v. Nichols

https://www.oyez.org/cases/1973/72-6520

Castañeda v. Pickard

https://openjurist.org/781/f2d/456/castaneda-castaneda-v-am-pickard

Plyler v. Doe

https://www.americanimmigrationcouncil.org/research/plyler-v-doe-public-education-immigrant-students

Guiding Federal Laws on Equal Educational Opportunity

The legal foundation for providing equal educational opportunity to students with limited English proficiency is found in three federal laws: Title VI of the Civil Rights Act of 1964, the Equal Educational Opportunity Act of 1974, and Section 504 of the Rehabilitation Act of 1973. A summary of each Act is provided.

References

School Climate and Discipline

This link to the U.S. Department of Education website provides resources addressing school climate and discipline. As noted on the website, "The guidance package is a resource resulting from a collaborative project—the Supportive School Discipline Initiative (SSDI)—between ED and DOJ. The SSDI, launched in 2011, addresses the school-to-prison pipeline and the disciplinary policies and practices that can push students out of school and into the justice system. The initiative aims to support instead school discipline practices that foster safe, inclusive and positive learning environments while keeping students in school." 

The Department of Education news releases explains that the resource package consists of four components:

  • "the Dear Colleague guidance letter on civil rights and discipline, prepared in conjunction with DOJ, describes how schools can meet their legal obligations under federal law to administer student discipline without discriminating against students on the basis of race, color or national origin;

  • the Guiding Principles document draws from emerging research and best practices to describe three key principles and related action steps that can help guide state and local efforts to improve school climate and school discipline;

  • the Directory of Federal School Climate and Discipline Resources indexes the extensive federal technical assistance and other resources related to school discipline and climate available to schools and districts; and

  • the Compendium of School Discipline Laws and Regulations, an online catalogue of the laws and regulations related to school discipline in each of the 50 states, the District of Columbia and Puerto Rico, compares laws across states and jurisdictions."


 
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Element 1: Understand the Law

Purpose: Districts are required to take affirmative steps to address the language development of English language learners (ELLs) where the inability to speak and understand the English language prevents the students from effective participation in the district's regular education program. Element 1 addresses the legal requirements related to ELL students. Besides school leaders and staff members, these requirements must be understood by the entire school community.

Activity 1: Become Familiar with the Legal Aspects and Precedents

Activity 2: Review the No Child Left Behind Act

Element 2: Implement the English Language Learner Program

Purpose: School districts have broad discretion in selecting appropriate language programs, but they should consider three general questions when making a decision.

  • Is there a need to provide English language learner (ELL) services?
  • Will the ELL program meet the educational needs of ELL students effectively ?
  • Is the program approach backed by scientifically based research?

The program chosen should be considered sound by experts in the field. If a district is using a different approach, it must show it is considered a legitimate experimental strategy.

Activity 1: Investigate Approaches to English Language Learner Programs

Activity 2: Use Culturally Responsive Teaching Methodologies

Activity 3: Develop an English Language Learner Program

Element 3: Communicate With and Involve Parents

Purpose: School districts have multiple obligations under Title III of the No Child Left Behind Act and Office of Civil Rights (OCR) requirements. Under Title III, schools receiving such funds are to ensure timely and effective notification to parents of ELL students and extend a means for them to be involved with their child's education. The OCR requirements specify districts do so in a way that ensures meaningful access to ELL students and their parents. Accordingly, schools must develop effective methods of involving parents of ELL students in their child's education. In fulfilling these responsibilities, districts should develop procedures for providing the parents of ELL students with the same information provided to the parents of their non-ELL peers in a language-appropriate manner.

Activity 1: Communicate with Parents Using Language-Appropriate Methods

Activity 2: Develop and Implement a Parent Involvement Program

Element 4: Identify and Assess Students

Purpose: A district should have procedures in place for identifying English language learner (ELL) students and assessing their English proficiency. Such procedures should involve parents in making the final determination of whether their child is placed in the district's ELL program. Parents deciding not to have their child or children participate must sign a participation waiver.

Activity 1: Develop Appropriate Student Identification and Assessment Policies

Activity 2: Identify Students Whose Primary Home Language is Other Than English (PHLOTE)

Activity 3: Ensure Assessment of Students

Element 5: Coordinate the English Language Learner Program with Other Programs

Purpose: As noted at the National Clearinghouse for English Language Aquisition (NCELA), "School districts are to provide alternative language instruction programs to children with limited English proficiency to help them develop their English language skills and meet the same state academic content and student achievement standards all students are expected to meet.

In doing so, school districts have broad discretion in selecting appropriate language programs, but should consider the following when developing their program.

  • Is there a need to provide alternative language services?
  • Will the alternative language program effectively meet the educational needs of ELL students?
  • Language instruction curricula used to teach ELL children are to be tied to scientifically-based research and demonstrated to be effective.
  • Provided by teachers certified as English language proficient.
  • Parents must be notified as to why their child is being placed in the program and have the right to have their child removed from the program."

Activity 1: Coordinate the English Language Learner Program with Other Programs

Activity 2: Conduct Program Evaluation

Element 6: Exit Students and Monitor Academic Progress

Purpose: A district should establish criteria to determine when English language learner (ELL) students qualify for exiting from the program. The exit criteria should be based on objective standards that ensure ELL students will be able to participate meaningfully and successfully in the district's regular education program.

Activity 1: Develop Appropriate Exit Policies and Procedures for the English Language Learner Program

Activity 2: Exit Students

Element 7: Provide Professional Learning

Purpose: In fulfilling the requirements of the No Child Left Behind Act and the Office for Civil Rights, staff development must occur to ensure ELL students progress academically and be afforded equal educational opportunity. This includes professional learning in the following areas:

  • processes/policies for the identification and exit of ELL students for intake staff members and classroom teachers,
  • implementation of the program model for ELL program staff members,
  • strategies for working with ELL students for content teachers, and
  • assessment process for translators and staff members who will assist in Special Education.

Activity 1: Understand Policies and Procedures for Professional Learning

Activity 2: Develop and Implement a Personal Professional Learning Plan