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My name is Jazmin Franco and I am an elementary school counselor.  Before becoming a counselor I taught 5th grade bilingual education for six years.  This is the reason I chose English Language Learners (ELL) and English as a Second Language (ESL) as my topic.  As an ELL teacher, I felt that the systems we had in place were not enough and we were not serving our ELL students as best we could. I felt there was a a lack of support, resources, and a lack understanding of what ELL students are going through. This Legal Guide is for educators and administrators.

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1) It is important that all educators and administrators are well informed of the laws for the bilingual program.  12% of our campus population is made up of English Learners (TEA, 2019).  ELL STAAR performance is low.  According to the TAPR report (2019-2020) 36% of ELLs were at approaches for all grades and subjects, 11% of ELLs were at meets and only 1% in masters. 2) With these numbers and information, educators and administrators need to make sure they are following all bilingual education laws. They need to ensure that they are properly serving the ELL population or adjust accordingly.  Being in compliance is very important and highly beneficial for the whole campus and ELL population.  Not every ELL student is in a bilingual classroom.  This is why all teachers need to know the legalities and strategies to properly serve their ELL students.

Texas Education Agency. 2019-2020. Texas Academic Performance Report.

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STAAR Performance STAAR Performance - Additional Student Groups Progress (Academic Growth and STAAR Progress Measure) Prior Year and SSI Bilingual Education/ESL STAAR Performance - All Students STAAR Performance - All Students - Additional Student Groups Performance Glossary

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This serves as a great resource for educating ELL Students by providing tips and videos for educators.

National Education Association & Colorín Colorado. (2021). Resources for Educating ELL Students. https://www.nea.org/professional-excellence/student-engagement/tools-tips/resources-educating-ell-students

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National Education Association & Colorín Colorado

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Resources for Educating ELL Students | NEA

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Quick tips and inspiration videos for educators working with ELL students, presented in collaboration with Colorín Colorado.

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This article discusses how personalized learning for English Language Learners across the U.S. is beneficial.

"U.S. students who speak foreign languages at home now total 4million (McIntyre, 2016).

Utah has invested $2 million per year for language immersion programs and have seen great improvements.

The teaching methodology for ELL is still divided and continues to change.

A study from Stanford University Graduate School of Education and San Francisco has shown that bilingual instruction is best for ELL, but there is a national shortage of qualified bilingual teachers (McIntyre, 2016).

Another effective approach has been to not separate ELL students but keep them in regular classrooms to participate in daily oral-language development.

Schools are providing professional development for ELL teachers.

McIntrre, Erin. (2016). Innovation in ELL bodes well for K-12 students. K-12 Dive. https://www.k12dive.com/news/innovation-in-ell-bodes-well-for-k-12-students/416365/

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Personalized learning is gaining popularity in the U.S., and so is innovation in English Language Learning. The combination of those two trends bodes well for K-12 ELL student population.

It's clear that a present need exists. California has a reported 1.4 million ELL students, and number of U.S. students who speak foreign languages at home now totals 4 million. The Institute of Education Statistics found that the District of Columbia, Alaska, California, Colorado, Nevada, New Mexico and Texas have public school ELL populations of around 10%. In California, that percentage is 22.8%.

States have tried to tackled the need to serve these students in various ways, including investing money into proactive support programs. Utah, for example, now invests $2 million per year for language immersion programs teaching Mandarin Chinese, French, German, Portuguese and Spanish in the classroom to roughly 25,000 students in order to increase global competitiveness for monolingual students.

President Obama's " 1 Million Strong" initiative, unveiled in September 2015, strives to teach Mandarin to one million American students by the year 2020.

Yet educators remain divided on how best to tackle the issue of ELL, and teaching methodology continues to change and evolve.

A collaborative November 2015 study from the Stanford University Graduate School of Education and San Francisco Unified School District proved that bilingual instruction is best for English language learners, yet a shortage of qualified bilingual teachers exists nationwide. The study reported that the number of dual-language programs in U.S. schools has increased tenfold over the last decade.

New York, for example, is expanding dual-language programs. New York City Schools Chancellor Carmen Fariña announced plans to expand or create 40 new K-12 dual-language programs last January. The primary focus will be on Spanish, but Japanese, Hebrew, Chinese, French and Haitian-Creole will also be available.

Other approaches include folding ELL learners in with non-ELL learners.

In Oregon, the Oregon Department of Education recently recognized the success of eight school districts, including the David Douglas School District (DDSD), with unique new ELL programs. There, the "Language for All" model focuses heavily on inclusivity.

Instead of separating ELL students from their regular classrooms for individualized instruction time, all elementary school students - not just ELL students - participate every day in oral-language development time.

That means non-native English speakers aren't singled out, and a greater sense of community is fostered in the classroom.

Other approaches focus on blended learning and personalization. Interactive ELL programs developed by Vermont's Middlebury Interactive for elementary, middle and high school students aim to provide more cultural competency while encouraging students to execute independent, self-directed projects.

After a two-year pilot in Connecticut's Hartford Public Schools, districts including Clarke County, GA, Oakland, CA, and Lawrence, MA have started using the programs, bringing the total reach to 1800 student participants.

Earlier this month, the Johns Hopkins University Center for Research and Reform in Education (CRRE) evaluated how well their product was doing to help English learners in the classroom.

The study, which was conducted in Hartford Public Schools over the 2014-15 school year, found improvement in ELL assessments and increased support among teachers, parents and students for what Middlebury Interactive calls "culturally-authentic, rigorous digital curriculum." CRRE also found "a measurable benefit to pilot students according to both quantitative and qualitative factors" existed.

Middlebury Interactive also offers a professional development component to ELL teachers.

Yet districts looking to implement new ELL programs may want to wait before diving in. Because accountability in ELL learning under the Every Student Succeeds Act (ESSA) still hasn't been resolved, some experts have questioned how, exactly, ESSA will impact ELL.

Last week, as policymakers and experts traded ideas and hashed out compromises in ESSA, English Language Learning (ELL) was under the microscope as a discussion focused on the validity and reliability of ELL tests.

State regulations and federal guidance around ELL under ESSA is expected to be released in the coming year.

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Innovation in ELL bodes well for K-12 students

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Personalized learning is gaining popularity in the U.S., and so is innovation in English Language Learning. The combination of those two trends bodes well for K-12 ELL student population. It's clear that a present need exists. California has a reported 1.4 million ELL students, and number of U.S.

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This article explains ELL program funding.

DeNisco (2015) states that "ELLs perform better academically and achieve greater language proficiency when they have high- quality English language instruction." and that "extra programs require additional funding."

States are provided grants from federal funding through Title III.

A survey done in 2012 displayed that funders were helpful but inefficient for ELL services.

"46 states provide additional funding dedicated to ELL education" (DeNisco, 2015).

"34 states fund ELL programs through their state's primary funding formula" (DeNisco, 2015).

Several states use funds that are outside of the state's primary funding formula for ELL programs.  Some districts are reimbursed by the state and other states do not provide funding for ELL services at all.

DeNisco, Alison. 2015. How are ELL programs funded across states? District Administration. https://districtadministration.com/how-are-ell-programs-funded-across-states/

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English language learners (ELLs) perform better academically and achieve greater language proficiency when they have high-quality English language instruction, according to a 2014 study in the American Educational Research Journal.

These extra programs require additional funding above the average per-student amount.

The federal government provides grant funding to states through Title III to help ELLs with language acquisition and with meeting content standards.

However, a 2012 survey found that Title III officials and district administrators said the funds were helpful, but were inefficient for ELL services.

To meet the needs of these students, 46 states provide additional funding dedicated to ELL education, says a March report from the Education Commission of the States.

Some 34 states fund ELL programs through their state's primary funding formula. Of the states that use student weights in their formula, weights range from 9.6 percent (in Kentucky) to 99 percent (in Maryland).

Nine states fund ELL programs through a line in the budget that exists outside of the state's primary funding formula, and three states reimburse districts upon submission of the costs of educating ELL students. Four states do not provide any funding for ELL services, the report found.

States with the largest share of ELL students:

Nevada: 31%
California: 24%
New Mexico: 19%

Source: National Center for Education Statistics

4 states do not provide any funding for ELL services.

Delaware
Mississippi
Montana
Rhode Island

Source: Education Commission of the States

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How are ELL programs funded across states?

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English language learners (ELLs) perform better academically and achieve greater language proficiency when they have high-quality English language instruction, according to a 2014 study in the American Educational Research Journal. These extra programs require additional funding above the average per-student amount.

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Statutory Law
Texas Education Code (TEC) §29.051- §29.058 - Bilingual Education and ESL Programs

This law states that since English is the primary language of this state, public schools are responsible for providing full opportunities to students who do not speak English to learn how to read, write and speak in English and reach the same academic standards as their peers.

The law requires that schools test students within the first four weeks of schools that may be considered to have a low English proficiency level.  If the district has more than twenty students with a low English proficiency level, they must offer Bilingual education or a special language program.

A full time bilingual program must be established.  The program should be designed to consider the students’ culture and learning experiences.

Bilingual education should be provided within the same public school facilities and not singled out.

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

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EDUCATION CODE CHAPTER 29. EDUCATIONAL PROGRAMS

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Sec. 29.007. SHARED SERVICES ARRANGEMENTS. School districts may enter into a written contract to jointly operate their special education programs. The contract must be approved by the commissioner. Funds to which the cooperating districts are entitled may be allocated to the districts jointly as shared services arrangement units or shared services arrangement funds in accordance with the shared services arrangement districts' agreement.

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Judicial Law -- Castaneda v. Pickard, No. 79-2253 (1981).

A Mexican-American family, Roy Castaneda in southern Texas filed a case against Mrs. Pickard, the president of RISD for discriminatory practices towards Mexican American students and staff.

Argued that there were not enough employees of Hispanic origin nor were they being promoted fairly.

Misappropriation of funds towards the ELL program and that English Language Learners were not being served adequately.

Teachers who were not prepared sufficiently to give ELL students proper instruction or meet their needs.

As a result, the courts decided Bilingual education programs must be based on sound theory.

Bilingual programs should be monitored for ineffectiveness and changed as necessary to meet the needs of the students.

It is necessary to hire the necessary staff and provide effective resources (Castaneda v. Pickard, 1981).

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Angelo State University - Library Online Resources

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Unauthorized use is prohibited; Usage may be subject to security testing and monitoring; Misuse is subject to criminal prosecution; No expectation of privacy except as otherwise provided by applicable privacy laws.

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Statutory Law -- Title VI of the Civil Rights Act of 1964

Title VI prohibits any discrimination based on race, color, or national origin in programs or activities in school that receive federal funding.

It gives ELL students the right to participate and be given equal opportunities to participate in activities.

Title VI allows ELL students to be given valuable education and receive federal funding for valuable resources.

https://www2.ed.gov/policy/rights/guid/ocr/raceoverview.html

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Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance. All federal agencies that provide grants of assistance are required to enforce Title VI. The U.S. Department of Education gives grants of financial assistance to schools and colleges and to certain other entities, including vocational rehabilitation programs.

Examples of discrimination covered by Title VI include racial harassment, school segregation, and denial of language services to English learners. A fuller list of Title VI issues OCR addresses appears here. The U.S. Department of Education Title VI regulation (Code of Federal Regulations at 34 CFR 100) is enforced by the Department's Office for Civil Rights.

The Title VI regulation prohibits retaliation for filing an OCR complaint or for advocacy for a right protected by Title VI. Title VI also prohibits employment discrimination, but the protection against employment discrimination under Title VI is limited. As a result, most complaints OCR receives raising race, color, or national-origin discrimination in employment are referred to the Equal Employment Opportunity Commission.

For more information on Education and Title VI please click here.

Links to Title VI of the Civil Rights Act of 1964 and its implementing regulations:

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age discrimination; complaints; discrimination; gender equity; sex discrimination;

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The mission of the Office for Civil Rights is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights. We serve student populations facing discrimination and the advocates and institutions promoting systemic solutions to civil rights problems.

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Administrative Law

Title III of the Elementary and Secondary Education Act of 1965 (ESEA) amended by the Every Student Succeeds Act of 2015 (ESSA).

Ensures ELLs will attain English language proficiency and meet academic standards.

Ensures that teachers and school leaders will implement effective language instruction specifically designed for English learners.

Provides federal money to the states for EL students.

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What is Title III?

Title III is a part of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act of 2015 (ESSA). The purpose of Title III is to help ensure that English learners (ELs) attain English language proficiency and meet state academic standards. Federal funding is provided through various grant programs to assist state education agencies (SEAs) and local education agencies (LEAs) in accomplishing this. Some funds are offered to entities other than SEAs and LEAs, and SEAs and LEAs also offer subgrants to other entities.

What is the definition of an English learner (EL)?

According to ESSA, an EL is an individual who

2) is enrolled or preparing to enroll in an elementary school or secondary school;

3) meets one of the following criteria-

a) was not born in the United States, or whose native language is a language other than English;

b) is a Native American or Alaska Native, or a native resident of the outlying areas; and comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency (ELP); or

c) is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant-and

4) has difficulties in speaking, reading, writing, or understanding the English language, that may be sufficient to deny the individual

a) the ability to meet the challenging state academic standards;

b) the ability to successfully achieve in classrooms where the language of instruction is English; or

c) the opportunity to participate fully in society.

What grant programs were created by Title III?

The Title III State Formula Grant Program provides federal monies to the states for the education of English learners. States are required to demonstrate that EL students are proficient in state content and achievement standards in mathematics, reading or language arts, and science, and that these students are progressing in their proficiency of the English language.

The National Professional Development Program supports professional development activities intended to improve instruction for EL students and assist education personnel working with such children to meet high professional standards.

Who administers the Title III grant programs?

At the federal level, the Title III funds reserved for Native American and Alaska Native discretionary grants and National Professional Development discretionary grants-along with funds allocated to the Outlying Areas, the National Clearinghouse for English Language Acquisition (NCELA), and relevant evaluation activities-are administered by the Office of English Language Acquisition (OELA) at the U.S. Department of Education. Most Title III funds, however, are allocated to SEAs through State Formula Grants and administered by the Office of Elementary and Secondary Education (OESE) at the U.S. Department of Education.

Are other federal funds available for EL education?

No, but a number of federal government programs fund research related to the education of English learners. NCELA provides a list of some of these programs, sponsored by offices in the Department of Education and in other departments and agencies. On that list, you will find links to program descriptions and applicant information, as well as links to funded research projects. The latter provide both examples of successful applicants to the various programs, and information on current research projects that may not yet have generated published findings.

Is There Information Available To Guide The Implementation Of Title III Funded Programs And Services For ELs?

In addition to the relevant legislation ( https://www.ed.gov/ESSA), to further clarify questions of implementation of the law, in September 2016, the U.S. Department of Education published a Non-Regulatory Guidance on Title III, English Learners, and the Elementary and Secondary Education Act of 1965, as amended by ESSA. In 2015, the Department's Office for Civil Rights (OCR) and the U.S. Department of Justice (DOJ) jointly published a Dear Colleague Letter on "English Learners and Limited English Proficient Parents," to help state and local education agencies understand their legal obligations to ELs under federal civil rights laws. The U.S. Department of Education's Office of English Language Acquisition has since published the English Learner (EL) Tool Kit (and updated it as necessary per ESSA), which follows the 10-section structure of the DCL, and offers key points, check lists, sample tools, and additional resources to further assist states, districts, and schools in their legal compliance and in meeting the needs of ELs. Additional information on civil rights obligations to ELs and limited English proficient parents can be found on OCR's ELL resources page , and particular information on inclusion of ELs with disabilities can be found at the web page of the Office of Special Education and Rehabilitative Services .

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Title III is a part of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act of 2015 (ESSA). The purpose of Title III is to help ensure that English learners (ELs) attain English language proficiency and meet state academic standards.

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Local Law -
According to the Monahans High School handbook which serves the district, English learners from all grade levels will be tested to check their English proficiency and a Language Proficiency Assessment Committee (LPAC) will determine whether the student qualifies for services or not.  The LPAC committee is composed of district personnel and at least one parent representative.  Upon qualifying, a parent may consent or deny services.  If the parent agrees to receive instructional accommodations, the LPAC will place the student where they see fit in order for them to become more proficient in their grade level work in English.  The LPAC will monitor the student’s progress and continue with ongoing assessments.  They will also determine if any testing accommodations need to be made for STAAR, EOC, and TELPAS.  If an English learner receives special education services as well, their ARD committee will make assessment decisions in conjunction with the LPAC. (Monahans Handbook, 2020).

Monahans High School Handbook (2020 - 2021) https://s3.amazonaws.com/scschoolfiles/274/2020-21_mhs_student_handbook_for_publishing.pdf

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American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors.
A. Responsibility to Students
A.1. Supporting Student Development
Counselors should have a primary obligation to their students and respect their differences, uniqueness, culture and ethnicities. They should also value their parents/guardian and families. Counselors must not discriminate any student and help them all equally even if they speak a different language or come from a different cultural background. ELs should have the same opportunities to receive help from their counselor, as well as their parents.

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TEA - Supporting English Learners in Texas is a great resource specifically for English Language Learners.  It provides several tools to help teach ELLs, professional development videos, information regarding the bilingual program, addresses frequently asked questions and much more.  In addition, the website provides information for educators and parents.

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Supporting Emergent Bilingual Students in Texas

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Best Practices for ELL Compliance

Know your students.  Know which students in your classroom are ELLs.

Be familiar with laws and regulations regarding ELL education.

Acknowledge and respect the different cultures your students may bring to your classroom.  Familiarize yourself and make them feel safe.

Do not single out any students for speaking a different language.

Encourage parental involvement even if there is a language barrier.

Advocate for your students when you know the district is not providing adequate tools for your ELLs.

Ask questions when you are not sure if you are doing something correctly in your classroom regarding your ELLs, check with your bilingual coordinator or administrator.

Attend professional development opportunities to learn more about ELL students.