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Slide # 13 Recommendations/Best Practices for Compliance

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Slide # 13 Recommendations/Best Practices for Compliance

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Below are my recommendations for Best Practice for Legal Compliance:

Foster an inclusive learning environment: Embrace and celebrate cultural diversity to create a welcoming space for English Language Learners (ELLs).

Provide Differentiated Instruction: Utilize scaffolded approaches, visuals, and hands-on activities to enhance comprehension and engagement for ELLs.

Encourage Bilingual Learning: Support ELL's native language development alongside English proficiency to enhance cognitive and growth and self-esteem.

Develop Cultural Competence: Educate teachers on cultural competency to understand and appreciate diverse backgrounds and learning experiences of ELLs.

Collaborate with Families and Communities: Engage ELL families in the educational process by providing information in their native language and involving them in school activities. School counselors and other school professionals can partner with community organizations to access additional resources and support for ELLs and their families.

Utilize language support services: Offer English Language Development (ELD) classes and other language support services to help ELLs acquire English proficiency. Utilize technology-based language learning tools to reinforce language skills.

Monitor progress and assess appropriately: Regularly assess ELLs language proficiency and academic progress using appropriate tools and assessments.

Professional development for educators: Provide ongoing professional development for teachers to stay updated on best practices and strategies for ELL instruction.

By implementing these recommendations, educators can create an inclusive and supportive learning environment for English Language Learners.

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This article explores various approaches and strategies for preparing educators to effectively work with English Language Learners (ELLs) and students who speak English as a Second Language (ESL). Additionally, the article shares practical and hands-on activities for teachers at all levels, emphasizing bilingual learning to improve ELLs' development and self-esteem. The article is a valuable resource that offers insight into modifying instructional methods to meet ELLs' specific learning needs, making it a valuable source of information for educators aiming to enhance their practice when working with ELLs.

Gupta, A. (2019). Principles and Practices of Teaching English Language Learners. International Education Studies, 12(7), 49–57. https://files.eric.ed.gov/fulltext/EJ1220844.pdf

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Ethical Code Item: Standard 3.4 Texas Educators Code of Ethics

Citation: Texas Administrative Code, (Title 19, Part 7, §247.2)

Standard 3.4 of the Texas Educators Code of Ethics states that educators shall not exclude students from participation in a program, deny benefits, or grant advantages to students based on various factors, including natural origin. The connection to the topic of English Language Learners (ELLS) is evident, as Standard 3.4 ensures that educators treat ELLs fairly and equitably, without discrimination based on their language background or cultural heritage. It emphasizes the importance of providing ELLs with equal access to educational opportunities and support, promoting a diverse and inclusive learning environment for all students.

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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Slide # 10 Edinburg North High School Handbook: English Learners

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Slide # 10 Edinburg North High School Handbook: English Learners

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Law Type: Local Administrative

Citation: Edinburg Consolidated Independent School District. (2022) Secondary Student Parent Handbook. Edinburg, Tx. https://4.files.edl.io/d9b2/10/11/22/215319-80de494d-eb4b-4986-a1a1-c2f01bc69b52.pdf

Regarding English Learners, the Edinburg Consolidated Independent School District states that a student that is an English Learner is entitled to receive specialized services from the district. A Language Proficiency Assessment Committee (LPAC) will determine if students qualify for services from a variety of assessments. The committee will then designate accommodations or additional special programs that the student will require to become proficient at grade level work in English. The LPAC committee will also provide certain accommodations for any state-mandated assessments.

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Slide # 9 Individuals with Disabilities Act 

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Slide # 9 Individuals with Disabilities Act 

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Law Type: Administrative

Citation: Individuals with Disabilities Act, 20 U.S.C.A. § 1414

Law that provides the framework for the education of students with disabilities, including ELL students

Requires schools to provide appropriate educational services to ELL students who may require special education services due to language proficiency.

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Slide # 8 Equal Educational Opportunities Act (EEOA)

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Slide # 8 Equal Educational Opportunities Act (EEOA)

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Law Type: Statutory

Citation: Equal Educational Opportunities Act, 20 U.S.C. § 1701-1758 (1974)·

The Equal Educational Opportunities Act (EEOA) is a federal law that addresses equal educational rights and opportunities for students.

Enacted to ensure that all students, including but not limited to ELL students, have access to a quality education without discrimination.

It is relevant to English Language Learners because it prohibits discrimination against students based on their English proficiency or language background.

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Law Type: Judicial

Citation: Lau v. Nichols, 94 S. Ct. 786 (1974).

Supreme Court case that addressed the rights of ELL students to receive language instruction.

The case involved Chinese-speaking students from San Francisco who were not provided with English language support.

Court ruled that schools must provide students with steps/assistance to overcome language barriers faced by ELL students so that they can effectively participate in educational programs.

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Slide # 6 Fourteenth Amendment of the United States Constitution 

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Slide # 6 Fourteenth Amendment of the United States Constitution 

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Law Type: Constitutional

Citation: U.S. Const. amend. XIV, § I.

Link: · https://www.archives.gov/founding-docs/amendments-11-27

The Fourteenth Amendment of the U.S. Constitution provides all citizens of the U.S. with equal protection under the law.

Applies to educational settings and ensures that all students, including ELL students receive an education.

Constitutional basis for prohibiting discrimination against diverse students.

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[get-content name=“print-page-left” include-tag=“false” /] Constitutional Amendments 1-10 make up what is known as The Bill of Rights. Amendments 11-27 are listed below. AMENDMENT XI Passed by Congress March 4, 1794. Ratified February 7, 1795. Note: Article III, section 2, of the Constitution was mo…

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The article discusses the impact of the pandemic on English Language Learners (ELLs) and how it affected their learning trajectory.

According to a survey provided, approximately 40% of ELL educators worldwide believe that some students should have been held back due to pandemic-related learning delays.

Pronunciation was identified as a challenge for ELLs in the online learning environment, as they typically learn pronunciation through mimicking mouth movements, which can be difficult online.

Some education experts support the idea of holding back ELL students who fell behind during the pandemic, but this approach faced pushback from parents.

Brittney Davis, a Ph.D. candidate, argues that retaining students may not be effective without proper support, and suggests that accelerated learning, such as extending the school day and providing tutoring, might be more beneficial for ELLs.

De La Rosa, S. (2021). Almost 40% of educators said some ELLs should have repeated grades after pandemic. EducationDive. https://www.k12dive.com/news/almost-40-of-educators-said-some-ells-should-have-repeated-grades-after-pa/611059/

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Dive Brief:

The pandemic severely impacted the learning trajectory of English language learners, and nearly 40% of ELL educators around the world say some students should have been held back due to related learning delays, The 74 reports, citing data from a survey by ESL resource provider Off2Class.

About half of the 669 respondents were educators based in the United States, while many others were American educators living abroad. Though 56% said they thought ELL students' education was adversely affected, most respondents did not say the pandemic affected ELLs significantly more than their English-speaking students.

One of the issues cited by respondents was students' difficulty with pronunciation, as students typically learn to pronounce words by mimicking mouth movements, which are more difficult to discern online. Though 44% of respondents said they had adequate technology to deliver lessons, a quarter said they did not.

Dive Insight:

Though some education experts supported holding back students who fell behind during the pandemic, and some states passed retention laws focused on doing so, those efforts largely faced pushback from parents. A National Parents Union survey of 739 K-12 parents found 81% wouldn't have requested holding back children who experienced learning.

Los Angeles Unified School District retained less than 1% of students in grades 1-8. In Newark, New Jersey, the retention rate dropped to lower than its pre-pandemic level.

Brittney Davis, a Ph.D. candidate in the community well-being program at the University of Miami who has taught in Washington, D.C., and Houston, asserts in an Education Trust column that retaining students has not been shown to be effective. She feels holding students back as they try to catch up from pandemic-related losses would yield the same results.

Davis suggests retention can be costly and ineffective without proper supports, and said accelerated learning would be better suited to get students up to speed through practices like extending the school day and providing tutoring.

In Michigan, where a Read by Grade 3 law was passed in 2016, a report from Michigan State University tracking its impact through spring 2020 found 3rd-grade reading achievement improved each year after implementation. The law was designed to improve literacy rates through early monitoring and identification of struggling readers, requiring students to repeat 3rd grade if they don't meet state standards.

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Almost 40% of educators said some ELLs should have repeated grades after pandemic

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Survey data also suggests that despite adverse educational impacts, many suggested English learners weren't affected significantly more than their peers.

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The article highlights recently released federal data that indicates that while the four-year graduation rates for English Learners have improved over the past decade, EL students still stay behind their non-English learner peers.

The national English learner graduation rate for the 2019-20 school year reached approximately 71%, while the overall graduation rate was 86%.

The growth in graduation rates may result from improved data collection methods.

The article raises concerns about the lack of graduation rate statistics from Texas, which is a state with a significantly high English learner population.

Suggests that tracking graduation rates beyond four years, especially for late-arrival English Learners could positively impact school accountability, recognizing that graduating on a longer timeline is still an achievement

Long-term English learners, despite being proficient in English, face challenges in demonstrating proficiency on standardized tests and often have limited access to rigorous mainstream academic courses, affecting their chances of higher education and graduation.

Najarro, I. (2023). What graduation rates for English learners look like. EducationWeek. https://www.edweek.org/teaching-learning/what-graduation-rates-for-english-learners-look-like/2023/07

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English learners' four-year graduation rates have risen over the past decade, but they still lag behind the rest of their peers, according to newly released federal data.

The new graduation rate percentages are from the 2019-20 school year. While national English learner rates have grown since the 2010-11 school year, up to about 71 percent, they still lag behind the overall rate of 86 percent.

Some of that overall growth for English learners may be attributed to improved data collection, said Leslie Villegas, a senior policy analyst with the left leaning think tank New America.

She also pointed out that the new federal data don't include graduation rates statistics from Texas-a state with one of the largest English learner populations in the country-and states tend to vary in how they calculate English learners' four-year graduation rates.

For more on how each state fared in 2019-20 regarding English learners' graduation rates, see the map below.

Further improvements in accurate tracking of graduation rates for English learners could involve incorporating those who graduate within a five or six-year timeline, such as late arrival immigrant students, into school accountability in a positive way, Villegas said, understanding that it's good to reach graduation even if on a longer timeline.

Other students who tend to take longer than four years to graduate are those known as long-term English learners, who were likely classified early in their K-12 career but remain under the English learner classification in high school.

Long-term English learners tend to be proficient in English, but are unable to demonstrate that proficiency on a test, said Lucrecia Santibañez, a professor at the UCLA School of Education and Information Studies.

Research has found and federal data show that these students are not getting access to mainstream rigorous instruction in English/language arts and math, and instead are spending more time in English language development classes, Santibañez added.

For instance, English learners were three times less likely than non-English learner peers to be enrolled in AP courses when offered by their schools; two times less likely to be enrolled in International Baccalaureate courses; and three times less likely to be enrolled in dual enrollment courses, according to 2017-18 federal data.

"The view is that these courses are going to be too hard," Santibañez said.

Without access to these courses, and better engagement overall in core academic classes, long-term English learners can fall off the track toward graduation and higher education, she added.

Other policy considerations researchers have looked to include the impact immigration policies can have on English learners in households of mixed legal status by derailing future planning if there are concerns of deportations in the family for example, Santibañez said.

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What Graduation Rates for English Learners Look Like

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The U.S. Department of Education released new English learner graduation rate data from the 2019-20 school year.

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The American School Counselor Association (ASCA) offers a comprehensive guide designed specifically to support school counselors in working with English Language Learners (ELLs). The resource provides valuable insights into understanding the unique challenges that EL students are faced with and offers evidence-based strategies and best practices to foster their success and inclusion in the school community. The article emphasizes the importance of cultural competence, collaboration with school staff, community engagement, and the provision of appropriate academic and emotional support. It provides school counselors with practical tools to facilitate the transition and academic achievement of EL students in U.S. public schools.

Bell, H. (2019). Supporting english learners: a guide for school counselors. American School Counselor Association. https://www.schoolcounselor.org/Newsletters/November-2019/How-School-Counselors-Can-Support-English-Learners?

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While the English learner (EL) population is growing by leaps and bounds within U.S. public schools, most school counselors don't receive any sort of specialized training in how to work with these students or their families. School counselors are in a unique position to support the inclusion and success of English learners in Utah schools. Baseline data has revealed that English learners have the largest gap across all outcome indicators. They face unique challenges in the school system, including cultural differences, language barriers, poverty and lack of resources.

When English learners come into your school from their country of origin, cultural rules and norms can be confusing and feel very foreign. School counselors serve an important role in connecting EL students with people, opportunities and resources that will help ease their transition into your school culture. Some strategies that may help EL students' transition are:

Proper course placement - placing EL students in the appropriate classes to meet their individual needs can increase school success

Connecting them with clubs and extra-curricular activities

Pairing them with a student representative, preferably one who is fluent in their native language, to acclimate them to the school. For example, they can give a tour of the building, explain the school rules and policies and introduce them to their teachers and other students

Ensuring that students are appropriately identified for special education services. A disproportionate number of EL students are placed in special education. English language fluency does not always correlate with a need for special education services.

Ensuring that students who are identified for special education services are also provided English language supports. Students should be afforded both services; one does not supersede the other.

Organizing small groups to foster positive school adjustment

Conversation group - In a conversation group, EL students can practice English in a safe setting, share information about their culture and personal experiences, develop social-emotional skills and learn local culture from peers.
College group - A college group can introduce EL students to the college system in the U.S., help them with admissions requirements and applications, offer writing workshops, bring in guest speakers, assist with financial aid and scholarships and offer field trips to local colleges.

Include families in the conversation

Provide families with resources. Organizations such as Catholic Community Services, the Refugee and Immigrant Center - Asian Association of Utah, and the English Skills Learning Center provide many services. Families of EL students can be a great resource for expanding cultural conversations in schools. Make sure they have a place at the table.
Arrange for a translator to be present at meetings with families of English learners. It is respectful to face the family during the conversation, not the translator.
Provide translated correspondence, resources, and documents in preferred language.

Additional Resources: Contact Holly Bell, USCA past president, at holly.bell@utschoolcounselor.org.

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How School Counselors Can Support English Learners

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While the English learner (EL) population is growing by leaps and bounds within U.S. public schools, most school counselors don't receive any sort of specialized training in how to work with these students or their families. School counselors are in a unique position to support the inclusion and success of English learners in Utah schools.

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This topic is of the utmost importance in the field of education due to the increasing diversity of student populations. Educators need to understand the legal rights and protections afforded to ELLs to ensure they are receiving equitable access to quality education. Compliance with federal laws, such as the Equal Educational Opportunities Act (EEOA) and Title VI of the Civil Rights Act, is essential to address the unique needs of ELL students and promote inclusive learning environments. By adhering to legal guidelines, educators can foster cultural responsiveness and support linguistic development, leading to improved educational outcomes for ELLs.

An emerging issue related to ELLs is the impact of language access policies and funding on educational equity. Schools are facing challenges in providing adequate resources, qualified staff, and language support services for ELLs. Educators should closely monitor how funding allocation and policy decisions affect access to specialized programs like English as a Second Language (ESL) and bilingual education. Additionally, the interpretation and implementation of laws such as Lau v. Nichols and other similar cases have significant implications on the provision of language services and compliance with federal mandates. Ensuring equitable language support for ELLs is critical to promoting their academic success and full participation in the educational system.

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Hello everyone, my name is Alysha Arguelles, and I plan on becoming a school counselor. The topic I have chosen for my legal guide is English Language Learners. I chose this topic because I am currently an English teacher at Edinburg North High School with expertise in teaching English Language Learners (ELL) and English as a Second Language (ESL) students. In my school district it was required that I receive certification in both English and English as a Second Language to be hired to teach. I have 2 years of experience teaching in the Rio Grande Valley at a school with approximately 25% bilingual students and extensive professional development on the topic.