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
Task 1: Become Familiar with Legal Requirements and OCR Guidelines
Guideline: Before developing appropriate policies and procedures for notifying parents in an appropriate language, district staff members should familiarize themselves with the related Office of Civil Rights (OCR) guidelines. The district should develop procedures to identify the documents to be translated into languages spoken at home. The school prinicipal should follow established procedures to ensure documents are translated and distributed to parents of English language learner students in their home language. If documents are not translated, the principal must determine whether a telephone call from a translator would be sufficient.
ELL Parental Involvement
Local education agencies (LEAs) must have a process to identify limited English proficient (LEP) parents and provide them with free and effective language assistance, such as translated materials or an appropriate and competent interpreter.
OCR PAR Issues Brochure - Parental Notice
This document contains the parental notice section from the OCR Region VII office's Profile, Assessment, and Resolution (PAR) Region pilot project. The brochure covers guidance on the parental notice requirements.
OCR Self-Assessment Guide - Notice to Parents
This assessment guide is part of a OCR Region VII office's pilot program to encourage partnership approaches to civil rights compliance. It assists school systems to voluntarily comply with Title VI of the Civil Rights Act of 1964 regarding equal educational opportunities for national origin minority students who are English language learners (ELL). This section can be completed at the school or district level to evaluate policies and procedure for communicating with the parents of ELL students.
Alternate Format: PDF
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
