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Slide #1 Professional Perspective/ Audience/ Topic

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Slide #1 Professional Perspective/ Audience/ Topic

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This legal guide focuses on ‘Working with Emergent Bilingual Students.’ This legal guide will be especially useful for educators and administration in the education field to use as a guide for working with the Emergent Bilingual (EB) population. Often in education, we are trained the minimum amount of hours to satisfy legal requirements, but typically this only involves educational strategies and not legal ramifications and requirements. I chose this topic because I have always worked in schools with large populations of EB students and was curious about the legal ramifications concerning this population and the most effective ways to serve their educational needs.

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Background: The state of Texas serves about twenty percent of the nation’s English learners, which equates to about one in five of  United States English learners (TEA, 2020). In addition, there was a four percent increase in English learners from the 2017 to 2018 school years. This number is only projected to increase (TEA, 2020).

Impact: The increase in the EB population is going to greatly impact education because with increased diversity in culture, the way a classroom functions must shift. Different cultures hold different values and beliefs. Because of this, in the classroom, teachers must be culturally responsive (Ralabate & Nelson, 2017). Essentially, educators must take into account ALL backgrounds when designing curricula to assure maximum learning for every student.

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Slide #3 Professional Association: National Education Association

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Slide #3 Professional Association: National Education Association

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Resource: Professional Learning: English Language Learner (ELL) Culturally Relevant Pedagogy

Citation: National Educational Association (NEA). (n.d.). English Language Learner (ELL) culturally relevant pedagogy. https://www.nea.org/professional-excellence/professional-learning/resources/english-language-learner-ell-culturally

Link: https://www.nea.org/professional-excellence/professional-learning/resources/english-language-learner-ell-culturally

Summary:

This resource is a six-to-eight-week professional development course provided by the National Educational Association that covers the topics of diversity and inclusion, English language learning, and student learning. The goal of this course is to teach educators to “recognize diversity,” “incorporate knowledge,” and “build on students’ strengths and cultural backgrounds during instruction” (NEA, n.d., para. 4). This informs the legal guide topic of “Working with Emergent Bilingual Students” because it directly covers how educators can be culturally responsive and make their curriculum more relevant for EB students.

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Slide #4 Current News Article #1: "High expectations, relationships key to improving ELL student experiences"

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Slide #4 Current News Article #1: "High expectations, relationships key to improving ELL student experiences"

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Article Title: High expectations, relationships key to improving ELL student experiences

Citation: Merod, A. (2022, March 23). High expectations, relationships key to improving ELL student experiences. K-12Dive. https://www.k12dive.com/news/high-expectations-relationships-key-to-improving-ell-student-experiences/620881/

Link: https://www.k12dive.com/news/high-expectations-relationships-key-to-improving-ell-student-experiences/620881/

Summary:

This article discusses how educators need to shift from the deficit-minded approach of viewing ELL students to the asset-based mindset. Basically, instead of looking at English Learners as deficient, educators should embrace culturally responsive teaching in their classrooms to make ELL students feel like they belong. Additionally, the article emphasizes the importance of building relationships with ELL students to foster a sense of belonging instead of isolation.

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High expectations, relationships key to improving ELL student experiences | K-12 Dive

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Slide #5 Current News Article #2:  "How can middle and high schools improve support for English learners?"

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Slide #5 Current News Article #2:  "How can middle and high schools improve support for English learners?"

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Article Title: How can middle and high schools improve support for English learners?

Citation: Arundel, K. (2023, June 28). How can middle and high schools improve support for English learners?. K-12Dive. https://www.k12dive.com/news/how-can-middle-high-schools-improve-support-English-learners/654094/

Link: https://www.k12dive.com/news/how-can-middle-high-schools-improve-support-English-learners/654094/

Summary:

The article discusses ways in which middle and high schools can enhance support for English learners (ELs). It emphasizes the many barriers these students face especially in terms of meeting graduation requirements. One barrier they face include policies that restrict them from taking higher level classes. Many organizations are researching ways to improve instruction for this population to ensure they are mastering content and can move into college or the workforce.

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How can middle and high schools improve support for English learners? | K-12 Dive

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Slide #6 Constitutional Law: United States Constitution Amendment XIV

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Slide #6 Constitutional Law: United States Constitution Amendment XIV

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Type of Law: Constitutional Law

Citation: U.S. Const. amend. XIV.

Link: https://www.archives.gov/milestone-documents/14th-amendment

Law & Legal Requirements:

The law states that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S. Const. amend. XIV).

This law establishes equal rights to education regardless of family background or status. In terms of EB students, equal education is not identical education. EB students need different supports depending on their fluency in English.

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State Policy - Bilingual Education and Special Language Programs

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Slide #7 Statutory Law: Bilingual Education and Special Language Programs

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Slide #7 Statutory Law: Bilingual Education and Special Language Programs

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Type of Law: Statutory Law

Citation: State Policy, Tex. Edu. Code § 29.051

Link: https://statutes.capitol.texas.gov/Docs/ED/htm/ED.29.htm#B

Law & Legal Requirements:

This state policy establishes English as the primary language of the state. It also states that “public schools are responsible for providing a full opportunity for all students to become competent in speaking, reading, writing, and comprehending the English language” regardless of their primary language (Tex. Edu. Code § 29.051). If English is not the student’s primary language, public schools are required to establish bilingual education and special language programs to create effective participation for these students. The policies following establish the requirements and procedures for these programs.

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Slide #8  Judicial Law: The 1974 Supreme Court Case Lau v. Nichols

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Slide #8  Judicial Law: The 1974 Supreme Court Case Lau v. Nichols

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Type of Law: Judicial Law

Citation: Lau v. Nichols, 414 U.S. 563 (1974).

Link: https://www.supremecourt.gov/pdfs/transcripts/1973/72-6520_12-10-1973.pdf

Law & Legal Requirements:

The Supreme Court unanimously ruled that failing to provide English language instruction to students who do not speak English violates the Fourteenth Amendment and Civil Rights Act (Lau v. Nichols, 1974).

The court did not specify details or steps a district must take according to this ruling (Lau v. Nichols, 1974). However, in 1975, the U.S. Department of Health, Education, & Welfare issued the ‘Lau Remedies’ which specified solutions for removing unlawful practices as established in the Lau v. Nichols ruling (Cardenas, 1976). The ‘Lau Remedies’ established four phases in detail: “student identification, student language assessment, analysis of achievement date, and program offerings” (Cardenas, 1976, p. 3).

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Slide #9 Administrative Law: English Language Proficiency Standards

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Slide #9 Administrative Law: English Language Proficiency Standards

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Type of Law: Administrative Law

Citation: English Language Proficiency Standards, 19. Tex. Admin. Code § 74.4

Link: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=2&ch=74&rl=4

Law & Legal Requirements:

This law establishes ELPS, which are “descriptors and student expectations for English language learners” (19 T.A.C. § 74.4). ELPS are required to be implemented as a part of all curricula to promote EB success. The ELPS address language proficiency, content instruction, opportunities to listen, speak, read, and write, and crosscurricular skills (19. T.A.C. § 74.4). Overall, this law goes into detail concerning the skills that need to be focused on in the classroom specifically for EB students.

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Slide #10 Administrative Law: Pearland ISD Handbook - Emergent Bilingual

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Slide #10 Administrative Law: Pearland ISD Handbook - Emergent Bilingual

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Type of Law: Administrative Law

Citation: Pearland Independent School District (PISD). (2022). 2022-2023 Handbook. https://www.pearlandisd.org/cms/lib/TX01918186/Centricity/shared/_district_documents/2022-23_PearlandISD_Student_Handbook.pdf

Link: https://www.pearlandisd.org/cms/lib/TX01918186/Centricity/shared/_district_documents/2022-23_PearlandISD_Student_Handbook.pdf

Explanation:

This policy in the handbook simply states that all EB students are “entitled to receive special services from the district” (PISD, 2022, p. 55). This includes determining qualification for services, determining a student's level of proficiency in English, and providing accommodations and services. This policy follows the precedent already set by federal and state law.

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Title: ACSA Ethical Standards for School Counselors

Code: “A3. a. Provide students with a culturally responsive school counseling program that promotes academic, career and social/emotional development and equitable opportunity and achievement outcomes for all students” (ACSA, 2022, p. 1).

Citation: American School Counselor Association (ACSA). (2022). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

Link: https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

Explanation:

The code A3. a. from ACSA Ethical Standards for School Counselors emphasizes the requirement for a culturally responsive school counseling program. This code reinforces the various articles and laws previously covered in this legal guide to recognize the diversity of these students, to embrace their asset-based mindset, to provide equitable education with full opportunity, and to provide special programs to accommodate their needs (Merod, 2022; NEA, n.d.; PISD, 2022; Ralbate & Nelson, 2017; Tex. Edu. Code § 29.051; U.S. Const. amend. XIV).

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ASCA Ethical Standards for School Counselors

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Slide #12 Non-Law Source: 7 Steps to a Language-Rich, Interactive Classroom

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Slide #12 Non-Law Source: 7 Steps to a Language-Rich, Interactive Classroom

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Book Title: 7 Steps to a Language-Rich, Interactive Classroom by Jon Seidlitz & Bill Perryman

Citation: Seidlitz, J., & Perryman, B. (2022). 7 steps to a language-rich, interactive classroom (2nd Edition). Seidlitz Education.

Purchase Link: https://www.amazon.com/Steps-Language-Rich-Interactive-Classroom-2nd-dp-1732194882/dp/1732194882/ref=dp_ob_title_bk

Summary:

This book is a resource to help improve student’s language development in the classroom. While it is not specific to EB students, it is widely considered to contain strategies that are extremely effective for EB students. This book outlines the following seven steps to creating a language-rich, interactive classroom and gives specific strategies to achieve the steps: (1) Teach students what to say when they don't know what to say; (2) Have students speak in complete sentences; (3) Randomize and rotate when calling on students (4) Use total response signals (5) Use visuals and vocabulary strategies that support your objective (6) Have students participate in structured conversations (7) Have students participate in structured reading/writing activities.

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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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In terms of best practices and recommendations for compliance in education for EB students, see the following recommendations:

1. Schools must provide bilingual education and special language programs to create effective participation for EB students (PISD, 2022; Tex. Edu. Code § 29.051).

2. Provide content and language instruction and supports to foster academic success and an equal right to education (Lau v. Nichols, 1974; PISD, 2022; U.S. Const. amend XIV).

3. Do not bar EB students from advanced courses due to language-mastery restrictions (Arundel, 2023).

4. Ensure ALL teachers are trained in appropriate strategies for EB students and have a general understanding of the laws regarding EB students.

5. ELPS must be implemented as a part of all curricula to promote EB success (19. T.A.C. § 74.4).

6. Educators should adopt a culturally responsive curriculum that recognizes diversity and builds on cultural backgrounds during instruction (Merod, 2022; NEA, n.d.).

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American School Counselor Association (ACSA). (2022). ASCA ethical standards

for school counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

Arundel, K. (2023, June 28). How can middle and high schools improve support for English learners?. K-12Dive. https://www.k12dive.com/news/how-can-middle-high-schools-improve-support-English-learners/654094/

Cardenas, J. A. (1976). Lau Remedies outlined. Intercultural Development Research Association. https://files.eric.ed.gov/fulltext/ED125148.pdf

English Language Proficiency Standards, 19. Tex. Admin. Code § 74.4

Lau v. Nichols, 414 U.S. 563 (1974).

Merod, A. (2022, March 23). High expectations, relationships key to improving ELL student experiences. K-12Dive. https://www.k12dive.com/news/high-expectations-relationships-key-to-improving-ell-student-experiences/620881/

National Educational Association (NEA). (n.d.). English Language Learner (ELL) culturally relevant pedagogy. https://www.nea.org/professional-excellence/professional-learning/resources/english-language-learner-ell-culturally

Pearland Independent School District (PISD). (2022). 2022-2023 Handbook.

https://www.pearlandisd.org/cms/lib/TX01918186/Centricity/shared/_district_documents/2022-23_PearlandISD_Student_Handbook.pdf

Ralabate, P., & Nelson, L. L. (2017). Culturally responsive design for English learners : the UDL approach. CAST Professional Publishing.

Seidlitz, J., & Perryman, B. (2022). 7 steps to a language-rich, interactive classroom (2nd Edition). Seidlitz Education.

State Policy, Tex. Edu. Code § 29.051

Texas Education Agency (TEA). (2020). Generation 26 application information session: serving English learners. https://tea.texas.gov/texas-schools/texas-schools-charter-schools/generation26-englishlearneroverview.pdf

U.S. Const. amend. XIV.