Title III: Language Instruction for Title III: Language Instruction for Limited English Proficient and Limited English Proficient and

Immigrant Students Immigrant Students

Serving English Language Learners – It’s the LawServing English Language Learners – It’s the Law

VAFEPA: October 2014VAFEPA: October 2014Stacy Freeman, Title III SpecialistStacy Freeman, Title III Specialist

"There is no equality of treatment merely by "There is no equality of treatment merely by providing students with the same facilities, providing students with the same facilities, textbooks, teachers, and curriculum; for textbooks, teachers, and curriculum; for students who do not understand English students who do not understand English are effectively foreclosed from any are effectively foreclosed from any meaningful education." meaningful education."

Lau v. Nichols, 1974 Lau v. Nichols, 1974

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As recipients of federal funds, U.S. public school As recipients of federal funds, U.S. public school divisions must uphold civil rights for ELLs to include divisions must uphold civil rights for ELLs to include providing full and equal access to the same providing full and equal access to the same curriculum and educational opportunities as all curriculum and educational opportunities as all students. students.

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Many civil rights requirements relating to the Many civil rights requirements relating to the education of ELLs stem from various court rulings education of ELLs stem from various court rulings and federal policy decisions over the years and federal policy decisions over the years including: including:

•Title VI of the Civil Rights Act (1964)Title VI of the Civil Rights Act (1964)•Bilingual Education Act (1968)Bilingual Education Act (1968)•May Memorandum (1970)May Memorandum (1970)•Lau v Nichols Supreme Court Decision (1974)Lau v Nichols Supreme Court Decision (1974)•Equal Education Opportunities Act (1974)Equal Education Opportunities Act (1974)•Castañeda v Pickard Supreme Court Decision Castañeda v Pickard Supreme Court Decision (1981)(1981)•Plyler v Doe Supreme Court Decision (1982)Plyler v Doe Supreme Court Decision (1982)•U.S. Department of Education Office for Civil Rights U.S. Department of Education Office for Civil Rights (OCR) Policy Decisions(OCR) Policy Decisions

 

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What are these Civil What are these Civil Rights Requirements? Rights Requirements?

Requirements under Title VI of the Requirements under Title VI of the Civil Rights Act of 1964Civil Rights Act of 1964

School Divisions are Obligated to:School Divisions are Obligated to:

• Have a process in place to identify, screen, and place ELLs in Have a process in place to identify, screen, and place ELLs in instructional programs and servicesinstructional programs and services

• Provide the same academic and student support programs and services Provide the same academic and student support programs and services to ELLs that are provided to all studentsto ELLs that are provided to all students

• Provide services to help ELLs attain English proficiency and support Provide services to help ELLs attain English proficiency and support them so they can meet the same challenging academic standards as all them so they can meet the same challenging academic standards as all students are expected to meetstudents are expected to meet

School Divisions are Obligated to:School Divisions are Obligated to:

• Have a process in place to exit ELLs from English language Have a process in place to exit ELLs from English language instructional services once they are determined to be proficient in instructional services once they are determined to be proficient in EnglishEnglish

• Monitor exited ELLs (formerly LEP) for two years to ensure that they Monitor exited ELLs (formerly LEP) for two years to ensure that they are academically successfulare academically successful

• Provide the same information and services to the parents of ELLs that Provide the same information and services to the parents of ELLs that are provided to all parentsare provided to all parents

Requirements under the Requirements under the Lau v Nichols Supreme Lau v Nichols Supreme Court Decision of 1974Court Decision of 1974

School Divisions are Obligated to:School Divisions are Obligated to:

• Implement effective, scientifically-based core language instruction Implement effective, scientifically-based core language instruction programs and services for ELLsprograms and services for ELLs

• Engage qualified personnel to provide core language instruction Engage qualified personnel to provide core language instruction programs to ELLsprograms to ELLs

• Provide school, division, state, or federal level information to the Provide school, division, state, or federal level information to the parents of ELLs, to the extent practicable, in a language they can parents of ELLs, to the extent practicable, in a language they can understandunderstand

The Lau PlanThe Lau Plan

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The Lau PlanThe Lau Plan

Local Lau Plans:Local Lau Plans:

• A “Lau Plan” outlines how a school division meets the A “Lau Plan” outlines how a school division meets the requirements under the Lau v Nichols 1974 Supreme requirements under the Lau v Nichols 1974 Supreme Court decision.Court decision.

• USED provides guidance for developing a “Lau Plan” at USED provides guidance for developing a “Lau Plan” at http://www2.ed.gov/about/offices/list/ocr/ell/lau.htmlhttp://www2.ed.gov/about/offices/list/ocr/ell/lau.html

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Requirements under Requirements under Title I of the Title I of the

Elementary and Secondary Elementary and Secondary Education Act (ESEA) Education Act (ESEA)

School Divisions are Obligated to:School Divisions are Obligated to:

• Annually assess the English language proficiency (ELP) of ELLs Annually assess the English language proficiency (ELP) of ELLs using a statewide ELP assessmentusing a statewide ELP assessment

• Assess ELLs with the same state content assessments as all Assess ELLs with the same state content assessments as all other studentsother students

• Provide accommodations to ELLs on state content assessmentsProvide accommodations to ELLs on state content assessments

Requirements under Requirements under Title III of the Elementary and Title III of the Elementary and

Secondary Secondary Education Act (ESEA) Education Act (ESEA)

School Divisions are Obligated to:School Divisions are Obligated to:• Help ensure that ELLs and immigrant and youth (IY) students Help ensure that ELLs and immigrant and youth (IY) students

attain English proficiencyattain English proficiency

• Help ELLs and IY students meet the same challenging Help ELLs and IY students meet the same challenging academic standards as all students are expected to meetacademic standards as all students are expected to meet

• Provide high-quality professional development to educators Provide high-quality professional development to educators of ELLs and IY studentsof ELLs and IY students

• Provide information to the parents of ELLs and IY students, Provide information to the parents of ELLs and IY students, to the extent practicable in a language they understand, to the extent practicable in a language they understand, about the placement of their children in language about the placement of their children in language instruction programs instruction programs

School Division Obligations (cont)School Division Obligations (cont)

• Provide information to the parents of ELLs students, to the extent Provide information to the parents of ELLs students, to the extent practicable in a language they understand, if the school division failed practicable in a language they understand, if the school division failed to meet any of the Title III Annual Measurable Achievement Objectives to meet any of the Title III Annual Measurable Achievement Objectives (AMAOs)(AMAOs)

• Implement an effective means of outreach to the parents of ELLs and Implement an effective means of outreach to the parents of ELLs and IY students to help them become involved in their children’s IY students to help them become involved in their children’s educationeducation

Steps for Developing a Compliant Steps for Developing a Compliant ESL ProgramESL Program

1. Identify, screen, and place ELLs in programs designed to help them 1. Identify, screen, and place ELLs in programs designed to help them attain English proficiency and meet the same academic standards attain English proficiency and meet the same academic standards that all students are expected to meet;that all students are expected to meet;

2. Develop a program which, in the view of experts in the field, has a 2. Develop a program which, in the view of experts in the field, has a reasonable chance for success;reasonable chance for success;

3. Ensure that necessary staff, curricular materials, and facilities are in 3. Ensure that necessary staff, curricular materials, and facilities are in place and used appropriately to ensure program success;place and used appropriately to ensure program success;

4. Develop appropriate evaluation standards to measure the progress 4. Develop appropriate evaluation standards to measure the progress of students and to exit students from the program; and of students and to exit students from the program; and

5. Periodically assess the success of the program and modify it as 5. Periodically assess the success of the program and modify it as neededneeded..

USED Office of Civil Rights (OCR) USED Office of Civil Rights (OCR) DocumentDocument

The Provision of an Equal Education The Provision of an Equal Education Opportunity to Limited English Proficient Opportunity to Limited English Proficient

StudentsStudents

http://www.ed.gov/about/offices/list/ocr/eeolep/index.html

Virginia Department of Education Virginia Department of Education Title III ContactsTitle III Contacts

Veronica TateDirector

Program Administration and AccountabilityVeronica.Tate@doe.virginia.gov

(804) 225-2870

Judy Radford, ESL CoordinatorJudy.Radford@doe.virginia.gov (804) 786-1692

Stacy Freeman, Title III Specialist Stacy.Freeman@doe.virginia.gov(804) 371-0778

Kristi BondTitle I/Title III SpecialistKristi.Bond@doe.virginia.gov(804) 371-2682

Christopher KellyEducation SpecialistChristopher.Kelly@doe.virginia.gov(804) 225-2122