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As an administrator certified for grades K-12, this legal guide is for other administrators and educators in this field.   We need be informed of the laws and ethics regarding services required to ensure the best educational opportunities for English Language Learners.   This topic is relevant today because of the arrival of families to the United States from different countries that do not have English as their primary language.  Our schools serve students from all over the world, and we can provide these students services they need to help them transition into English instruction.

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I had the privilege of interviewing Bertha Carrasco who is the current principal for Bradford Elementary in the San Angelo Independent School District.  Bradford Elementary is a Title 1 school with high number of ELL enrollment.  Mrs. Carrasco is familiar with educational, legal, and ethical implications regarding English language learners.  The campus website is: http://schools.saisd.org/education/school/school.php?sectionid=9.

Summary:

When describing how the topic of English Language Learners is important to educational leadership and how it impacts her work, Mrs. Carrasco explained that her campus is a Title 1 school with a primarily Hispanic population, and 89% of students are economically disadvantaged (B. Carrasco, personal communication, February 11, 2020).  The hiring decisions she makes are based on the students her campus serves.  Mrs. Carrasco has to decide if the aides, front office staff, teachers, school nurse, assistant principal, secretary, social worker, and counselor will help meet the needs of the students.  Some staff does need to be bilingual, but that is no the only justification for hiring staff.  She must look at the whole picture and review several applications to find the best fit for the campus (B. Carrasco, personal communication, February 11, 2020).

Best Practices:

·       Full time English as a Second Language (ESL) teacher (paid with Title 1 money) to service ELLs.

·       ESL teacher provides 40 minutes of instruction to ELLs.

·       She oversees LLI reading groups and Imagine Learning (computer program to target reading and speaking in English).

·       LPAC (Language Proficiency Assessment Committee) meetings track student data and document accommodations to meet language acquisition and social-emotional needs of the students in the ESL program.

·       Notes home are in English and Spanish.  Communication between parents and teachers is translated through Class Dojo.

·       Educators are provided with ESL trainings during professional learning communities for differentiating small groups, teaching strategies, and RTI.  All students (even those who are not from limited English proficient families) benefit from ESL teaching strategies.

·  (B. Carrasco, personal communication, February 11, 2020)

Emergency Issue:
An emerging issue related to English Language Learners that impacts educational leadership and the field of education are undocumented students coming to schools in the United States. Mrs. Carrasco has had undocumented citizens come to her school to enroll their students and she has had to resolve these issues.  The main thing she wants for families is to make them feel safe. She communicates with parents to relieve anxieties about their children going to school.  She walks with the students throughout the campus to make sure they are having a good experience and they want to go to school. Mrs. Carrasco values the importance of building relationships with families because they are scared and worried in a new environment, and she wants them to come to her to ask questions and let her know when they need assistance. She does not turn away undocumented families.  She accepts birth certificates from the United States and Mexico so the students can receive an education.  She does not want the language barrier to affect the students’ education so she remains professional and respectful when speaking to all parents. Mrs. Carrasco opens her campus to be a home for undocumented families (B. Carrasco, personal communication, February 11, 2020).

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The National Association for Bilingual Education posted an informational article detailing why dual language programs in schools are the most effective instructional programs for English Language Learners: http://www.multibriefs.com/briefs/nabe/DLFORELLs-NABEWHITEPAPER.pdf.

Research shows programs that are successful for students in closing achievement gaps and acquiring academic English are enriched with English and the students’ first language (Gomez, et al., 2020).  Academic and cognitive skills are best learned in a student’s first language, then transferred to the student’s second language.  Dual language programs use enrichment practices, not remedial practices, for students to achieve long-term English acquisition (Gomez, et al., 2020).

Reference
Gomez, L., Tinajero, J., Wood, S.V., Aguirre, N.M. (2020, February 24). Dual language: The most effective instructional program for ELLs. National Association for Bilingual Education. Retrieved from: http://www.multibriefs.com/briefs/nabe/DLFORELLs-NABEWHITEPAPER.pdf

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Yaafouri (2019) identifies 6 strategies for collaborating with families of English Language Learners: https://www.edutopia.org/article/6-tips-engaging-families-english-language-learners.

·       Family engagement impacts student growth.

·       6 tips to engage ELL parents and families

·       Reciprocal partnerships between school and home can be assisted in communicating with parents’ responsibilities for helping students academically at home.

·       Create a meaningful and authentic inclusive environment to make connections with families and build collaborative relationships.

·       Be mindful and considerate of the cultural values of the values and openly communicate school norms.

·       Keep communication clear to parents, possibly using ESL support such as visual cues and graphic organizers when communicating school forms.

·       Increase parent engagement by “providing a range of low-risk opportunities for parent input, feedback, and cultural sharing" (Yaafouri, 2019, para. 12).

·       Teacher home visits connect home and school and build relationships with ELL families.

Reference
Yaafouri, L.E. (2019). 6 Tips for engaging the families of English language learners. Edutopia.org. Retrieved from: https://www.edutopia.org/article/6-tips-engaging-families-english-language-learners

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Harper (2019) identifies the importance of providing English Language Learners with equal STEM opportunites: https://www.educationdive.com/news/english-language-learners-need-equal-access-to-stem-opportunities-report-f/548679/.

·       According to recent reports, ELL students make up almost 10% of school age children.

·       ELL students should have equal educational opportunities to participate in STEM activities, so they are not underrepresented in career fields.

·       Sometimes ELL students are asked to improve in English proficiency before they can participate in STEM activities.

·       Project-based learning is essential for ELL students since most may understand the topics and the experiences can promote learning and understanding of the English language.

·       Researchers recommend support for educators to provide ELL students to have access to STEM activities and materials.

·       Research determined lack of teacher preparation is one of the biggest obstacles for including English Language Learners in components of STEM.

·       Technology in the workplace calls for students to have meaningful experiences in STEM at an earlier age.

·       Providing English Language Learners opportunities to participate in STEM activities also promotes their social-emotional well-being, motivation for academic achievement, and family collaboration.

Reference
Harper, A. (2019). English language learners need equal access to STEM opportunities, report finds. Education Dive. Retrieved from: https://www.educationdive.com/news/english-language-learners-need-equal-access-to-stem-opportunities-report-f/548679/

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The 14th Amendment of the United States Constitution (U.S. Const. Amend. XIV):

·       protects equity in education.

·       determines states cannot “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 laws” (U.S. Const. Amend. XIV).

·      will influence future court cases  in deciding that students have property interests in education and prohibiting teaching of a foreign language violates this amendment.

·       The full link to the law can be retrieved from: https://www.law.cornell.edu/constitution/amendmentxiv

Reference
U.S. Const. Amend. XIV.

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

In 1971, almost 3,000 students of Chinese ancestry were attending the San Francisco school system (Oyez, 2020).

Most were not English proficient, yet they were being taught in English only classes.  Thus, preventing these students from fully participating in school.

The court ruled this was a violation of the Fourteenth Amendment and the Civil Rights act.

This case impacts English Language Learners in PreK-12 today allowing equal educational opportunities for students learning English as a second language.

The full link to the law can be retrieved from: https://caselaw.findlaw.com/us-supreme-court/414/563.html

References
Lau v. Nichols, 414 U.S. 563 (1974).
“Lau v. Nichols.” Oyez, www.oyez.org/cases/1973/72-6520. Accessed 23 Feb. 2020.

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The Equal Educational Opportunity Act of 1974 requires:

public schools to provide to equal educational opportunities for students of any race or national origin (20 USC § 1703(f)).

states to take appropriate action to overcome barriers that prevent equal participation of students, including language barriers.

Public schools can now provide equal educational opportunities to students of all races including non-native English speakers.

Title III enforces the EEOA by allowing civil action for individuals denied equal educational opportunities (20 USC § 1703(f)).

The link to the law can be retrieved from: https://www.congress.gov/bill/93rd-congress/house-bill/40

Reference
Equal Educational Opportunity Act of 1974, 20 USC § 1703(f).

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9. Original Law: State Administrative Law

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9. Original Law: State Administrative Law

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The Texas Administrative Code § 89.1201 determines:

students identified as English Language Learners must have educational opportunities to participate in bilingual education or the English as a Second Language (ESL) program.

The ESL program outlined in the Texas Administrative Code § 89.1201:

must meet the needs of English language learners.

ensure English language learners have equal educational opportunities in school.

require instruction by certified teachers.

achieve the goal of becoming competent in listening, reading, writing, and speaking in English.

Reference
Adaptations for Special Populations, State Plan for Educating English                                Learners, 19. Tex. Admin. Code § 89.1201.

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The San Angelo Independent School district provides specialized services for English learners. The LPAC committee will assess an eligible student’s English proficiency level. After the student’s proficiency level has been established, the LPAC committee will determine accommodations and special programs that will assist the student in becoming English proficient on grade level work (SAISD Student Handbook, 2019-2020).  The LPAC will identify accommodations for STAAR testing, and the student will receive the TELPAS (Texas English Language Proficiency Assessment).  If a student is in special education and needs ESL services, the ARD and LPAC committees will determine the appropriate accommodations.

Reference
San Angelo Independent School District. (2019-2020). Student handbook, English leanrers (all grade levels), (p. 54). Retrieved from: https://www.saisd.org/docs/student_services/Student%20Handbook%202019-2020.pdf

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The Educator’s Code of Ethics in the Texas Administrative Code determines an educator cannot deny any student from participating in a program or obtaining benefits based on race, national origin, or family status (19 TAC § 247.2 (3)(D)).  Schools and educators must provide ESL services to students who are limited English proficient regardless of their nationality or economic status.  Students also cannot be granted any advantages because of national origin or family status (19 TAC § 247.2 (3)(D)).  This ethical conduct toward students also applies to all grade levels.

The Educator’s Code of Ethics can be retrieved from:

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=7&ch=247&rl=2

Reference
Educator’s Code of Ethics, 19 Tex. Admin. Code § 247.2 (3)(D).

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The U. S. Department of Education determines the characteristics, languages, and concentrated areas of English language learners.  This report informs educators of the many factors effecting ELLs in education.  ELLs have a variety of different home languages, but Spanish is the most prominent home language (U.S. Department of Education, 2017).  ELLs can be classified as homeless, and more Ells are identified with a learning disability than their native English speaking peers (U.S. Department of Education, 2017).  Identifying the challenges ELLs face helps schools understand the importance of remaining compliant to laws and using instructional practices to close  achievement gaps and promote academic achievement for ELLs.

Reference
U.S. Department of Education. (2017). Our nation’s English learners. Retrieved from: https://www2.ed.gov/datastory/el-characteristics/index.html

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Best practices and recommendations related to legal and ethical requirements for ELLs include:

The Equal Educational Opportunity Act of 1974 requires public schools to provide equal educational opportunities to students regardless of race or national origin and overcome language barriers (20 USC § 1703(f)).

Teachers of the English as a Second Language program are required to be ESL certified (19 TAC § 89.1201).

The goal of the ESL program in Texas is for limited English proficient students to become knowledgeable in the areas of listening, reading, speaking, and writing in the English language (19 TAC § 89.1201).

English Language Proficiency Standards (ELPS) are to be utilized along with the Texas Essential Knowledge and Skills (TEKS) for ELLs (19 TAC § 89.1203).

The ESL program should be included in a positive school environment incorporating the student’s primary language, accepting of the student’s cultural heritage, and promoting self-confidence (19 TAC §89.1210 (1)(B)).

Schools must give families a home language survey in their native language (when possible) to any student enrolling in Texas public schools for the first time (PreK-12). If the family designates the student mostly speaks a language other than English, the school will assess the student’s English proficiency level (19 TAC §89.1215).

School districts need to have language proficiency assessment committees (LPAC) that include an ESL certified educator, a parent of a student in the ESL program, and a campus administrator (19 TAC §89.1220). The LPAC must remain confidential in determining a student’s English proficiency level and instructional placement (subject to parent approval) (19 TAC §89.1220).

ESL programs in public schools cannot be in a separate facility and must remain in the public school for students to have “equitable access to educational resources” (19 TAC §89.1235).

Local education agencies, along with the Texas Education Agency, will provide resources for training educators teaching in the ESL program.  This includes providing educators with appropriate materials for ELLs identified as gifted and talented, or ELLs with disabilities (19 TAC §89.1245).

Educators and administrators can create all inclusive school environments by building relationships with ELL families, encouraging parent engagement, keeping open communication, and accepting students’ cultural values (Yaafour, 2019).

References
Adaptations for Special Populations, State Plan for Educating English Learners, 19. Tex. Admin. Code §§ 89.1201, 89.1203, 89.1210 (1)(B), 89.1215, 89.1220, 89.1235, 89.1245.

Equal Educational Opportunity Act of 1974, 20 USC § 1703(f).

Yaafouri, L.E. (2019). 6 Tips for engaging the families of English language learners. Edutopia.org. Retrieved from: https://www.edutopia.org/article/6-tips-engaging-families-english-language-learners