# data[].attributes.body
My profession prospective is that from an elementary school counselor. My audience is intended for classroom teachers with English Language Learners, or ELLs, in their classroom. The topic of this guide is how these teachers can how support these students. I chose this topic because I am currently my campus’ English as a Second Language, or ESL, teacher. Unfortunately, I have not been able to fully dig into this position for a couple of reasons. Although I am going into my second year as the ESL teacher, I have technically only worked in this position for a semester. I gave birth to my first child in January, so I did not return to work after our winter break. As I was preparing to return to work after my maternity leave, our school district went to remote learning due to Covid-19. By learning more about my current position, I will be able to better serve and advocate for our ELLs on my campus and be a helpful resource for our homeroom teachers who may also serve these students.

# data[].attributes.body
With recent events arising in relation to race, students should be coming to school where they feel welcomed, included, and safe, so that they can be academically successful. Immigration policies are a hot topic in politics and the fear of deportation is very real for our English Language Learners, or ELLs, and immigrant students. It is imperative that teachers and counselors know how to create a positive school culture and how to ease the anxiety and fear these students face when they enter their school building. Although educators cannot control what goes on outside of the school building, educators can, and should, put in their efforts to help ELLs succeed. Last year, the Trump administration issued a “public charge” rule that denies “green cards to legal immigrants who have received certain public benefits” (Gaudiano, 2019, para. 3). This would cause these families from obtaining benefits such as the Supplemental Nutrition Assistance Program (SNAP) and Medicaid. Without food or access to medical assistance, students will suffer and, therefore, hinder their achievement opportunities in school. Educators should pay attention to this issue and look for signs of depression, hunger, tiredness, among other negative factors in ELL students to be able to assist them.

Reference:
Gaudiano, N. (2019). House education chairman slams Trump ‘public charge’ immigration rule. Education and Labor Committee. Retrieved from https://edlabor.house.gov/media/news/house-education-chairman-slams-trump-public-charge-immigration-rule

# data[].attributes.attachment_link.readable_text
The chairman of the House education committee on Monday strongly criticized a Trump administration "public charge" rule, saying it will "inflict severe and unnecessary hardship" on immigrants.

"It is inconsistent with our principles and it will have terrible consequences for communities across the country," Rep. Bobby Scott(D-Va.) said in a statement, warning that immigrants could be forced to choose between basic assistance for food, shelter and health care and potential separation from their families.

Acting U.S. Citizenship and Immigration Services Director Ken Cuccinelli praised the regulatory change at a White House press briefing Monday morning, saying, "We want to see people coming to this country who are self-sufficient."

But Scott said the rule will have the effect of penalizing families for using benefits such as the Supplemental Nutrition Assistance Program, the Temporary Assistance for Needy Families program and Medicaid.

"One regrettable result will be that fewer children will have access [to] child nutrition programs, such as free school meals," he said. "This comes at a time when the administration is already considering action that could strip automatic eligibility for free school meals from more than 500,000 low-income students."

A coalition of public health associations, educators and pro-migrant activists have argued the public charge rule will force parents to forgo essential services for their children.

Thomas J. Gentzel, National School Boards Association executive director and CEO, said in a statement to POLITICO that families forgoing public benefits to which they're entitled will hurt many public school students. The association's schools rely on federal funding derived in part from the numbers of public benefit applications and recipients in a particular school district or area, he said.

"Because we know that homelessness and child hunger and access to medical care all factor into learning and academic achievement, placing families in the untenable position of having to choose between food, access to healthcare and shelter and legal immigration status, will adversely impact the lives of children, not only for immigrant children, but also for the many other children and families in poverty that are served by public schools," Gentzel said.

California Attorney General Xavier Becerra said he is ready to take legal action against the "vile rule," calling it the Trump administration's "latest attack on families and lower income communities of color."

In California, home to more than 10 million immigrants, Becerra said among those the rule will hurt will be child care and early education providers and low-income graduating students, whose incomes would become a factor when they apply to change or extend their visas.

"It will harm our communities, schools and workplaces by weaponizing essential healthcare, housing, and nutrition programs," Becerra said in a statement.

Next Article Previous Article

# data[].attributes.attachment_link.title
House education chairman slams Trump 'public charge' immigration rule | House Committee on Education and Labor

# data[].attributes.attachment_link.description
The chairman of the House education committee on Monday strongly criticized a Trump administration "public charge" rule, saying it will "inflict severe and unnecessary hardship" on immigrants. "It is inconsistent with our principles and it will have terrible consequences for communities across the country," Rep. Bobby Scott(D-Va.)

# data[].attributes.body
The National Education Association (NEA) released an article on 5 steps that educators can take to advocate for ELL students. This resource is informative for educators who are unsure of how they can be advocates for ELL students.

Reference:
National Education Association. (2019). 5 steps to ELL advocacy. Retrieved from http://www.nea.org/home/63594.htm

# data[].attributes.body
This article goes over the affect of current immigration policies on undocumented students. There has been an increase on fear and anxiety within schools causing a drop in grades, attendance to drop, and a decline in student enrollment. There has also been a decrease in parents participating in government assistance programs, such as SNAP and WIC, for fear of revealing their immigration status. This is resulting in lack of proper nutrition and high levels of stress (Modan, 2019). There is not enough staffing on mental health professionals in schools to help with this trauma and teachers are not trained to tackle theses issues. Superintendent Pedro. Martinez of San Antonio ISD has been invested in training their counselors and teachers to gain the trust of their community's parents and help their students.

Reference:

Modan, N. (2019). Immigration policies’ impact on families places educators on ‘frontlines’. Education Dive. Retrieved from https://www.educationdive.com/news/immigration-policies-impact-on-families-places-educators-on-frontlines/568486/

# data[].attributes.attachment_link.readable_text
The House Committee on Education and Labor was split along party lines during a Wednesday hearing, when representatives learned from witnesses that immigration policies affecting undocumented students and those from mixed families are "creating and perpetuating unprecedented challenges" for educators and districts.

Among those, expert witnesses at the hearing said, are staffing of mental health professionals in schools increasingly needing trauma-informed care, a heightened school climate of fear and anxiety, and a deep-rooted sense of uncertainty among key stakeholders including teachers, parents and students.

"Their biggest worry should be passing tests and getting good grades," said House Rep. Mark Takano (D-California), a former public school teacher of over 20 years​, what he described as "fear-mongering" immigration policies and the "neglect" of U.S. Secretary of Education Betsy DeVos for the challenges many immigrant students are facing.

Instead, Rep. Bobby Scott (D-Virginia), the committee's chairman, said immigration enforcement policies have resulted in "steep declines in participation" among immigrant communities and increased signs of emotional distress among students, as reported by school administrators.

Educators also report having to navigate tense school climates as a fallout from anti-immigrant rhetoric and policies that have put thousands of students and educators at risk.

"Our nation's educators are on the frontlines," Rep. Susan Wild (D-Pennsylvania) said. "[Teachers] are no longer teaching in their classrooms, but rather acting in a field for which they really don't have any additional training nor compensation."

'10 times harder' to earn stakeholders' trust

Superintendent Pedro Martinez of the San Antonio Independent School District in Texas, which serves approximately 49,000 students and is home to a sizable immigrant population, said supporting students and their families affected by immigration policies is a "constant struggle" for his district.

In addition to a drop in student attendance rates and a slight decline in student enrollment, Martinez said in testimony to the committee that family members are becoming less likely to attend school events. "We have to work 10 times harder to earn the trust of parents," he said.

Nationally, parents are also refusing to participate in government assistance programs including SNAP and WIC, according to pediatrician Olanrewaju Falusi, out of fear of having to disclose their immigration status. The resulting lack of proper nutrition and perpetuated state of stress, experts said, can cause long- and short-term developmental problems in students as they enter the education system.

Because of this "growing culture of fear," Martinez's district has invested in training teachers and counselors around trauma-informed practices and has partnered with community organizations to ensure stakeholders are aware of their legal rights.

Best-practice efforts put in place by the district include:

Ensuring written guidelines and legal rights are available to students' families.

Providing educators and health professionals with trauma-informed strategies and training.

Establishing Meditation rooms in schools where students can deescalate.

In addition, R. Gabriela Barajas-Gonzalez, a researcher and assistant professor at the New York University School of Medicine, encouraged educators to create stable routines for children and build strong relationships with parents. School administrators encouraging their staff to speak to students in their native language can also help put them at ease, she said.

Despite the many challenges facing educators and immigrant families of SAISD, Texas Rep. Joaquin Castro credited Martinez's "laser-like focus" on improving academic achievement as the reason for the district's recent turnaround from an F- to a B-grade district.

But Martinez stressed the uphill battle continues this school year. "We don't get any direct resources from the state or federal government to do this," he pointed out.

A growing national problem

On the other hand, Rep. Bradley Byrne (R-Alabama) urged lawmakers to consider the "cost of not enforcing the law." Also a former state school board member, the congressman said an annual $60 billion is spent on children who are undocumented or whose families are of mixed-status.

"Educating those students is expensive," Byrne said, saying state and local school systems pay for nearly 100% of the cost of ESL programs "to the detriment of other programs."

Meanwhile, he said teacher salaries are declining, classroom sizes are growing, and resources for students are shrinking, while criticizing immigration for "harming" the U.S. public education system.

While lawmakers mostly agreed the wellbeing of children is a bipartisan cause, proposed solutions starkly contrast. Democratic lawmakers criticized President Donald Trump's border policies as the root cause to be reversed and its symptoms affecting educators and students addressed. Republican representatives proposed strengthening border policies so immigrants are denied entry to the U.S. and encouraged immigration crackdowns as "the compassionate way to end suffering.

Still, educators seem hopeful. "I really hope they find a bipartisan solution," Martinez said.

# data[].attributes.attachment_link.title
Immigration policies' impact on families places educators on 'frontlines'

# data[].attributes.attachment_link.description
The House Committee on Education and Labor was split along party lines during a Wednesday hearing, when representatives learned from witnesses that immigration policies affecting undocumented students and those from mixed families are "creating and perpetuating unprecedented challenges" for educators and districts.

# data[].attributes.body
During this unprecedented time of COVID-19, students “who are learning English require special consideration during virtual instruction” (2020). Virtual instruction varies from online live sessions, videos, internet links, and packets. Internet access for ELL families may be limited to a cellphone which makes in difficult for families with multiple children. Many, if not all, parents of ELL students also need help with translating homework to be able to help their children. Finding ways to support ELLs during this time is a challenge that educators need to consider. Suggestions for educators include:

1.Maintaining a strong relationship with ELL families to support students’ emotional and mental health.

2.Encourage families to use their home language to help their students with their schoolwork.

3.Build on family's strengths.

4.Meaningful teacher collaboration across grade-levels.

Reference:

Babinski, L.M., Amendum, S.J., Knotek, S. E., & Sanchez, M. (2020). English-language learners need more support during remote learning. Education Week. Retrieved from https://www.edweek.org/ew/articles/2020/06/19/english-language-learners-need-more-support-during-remote.html

# data[].attributes.attachment_link.readable_text
Young children who are learning English require special consideration during virtual instruction due to the COVID-19 pandemic. Approximately 1 in 6 children in kindergarten and 1st grade in the United States are learning English as a second (or third) language. As teachers grapple with the monumental task of providing remote instruction to English-language learners, it's important that state and district leaders provide extensive support and clear guidelines for engaging their ELLs.

Virtual learning for elementary school students, particularly those in the early grades, has been provided in a wide range of formats, including live online sessions with teachers, videos, internet links, and printed packets. The responsibility of connecting young children to these resources often falls to parents. In many ELL communities, internet access may be limited to a cellphone, making it difficult for parents and children to navigate learning activities, especially if multiple children are in the home.

This spring, 48 states suspended school for the remainder of the school year, resulting in millions of students who will miss over 20 weeks of in-person learning. Given what we know about learning loss during the traditional summer months, it is critical to support families and teachers to ensure that children are able to engage in learning activities during this unprecedented time.

Under federal Title VI requirements, school districts are required to ensure that English-language learners can meaningfully participate in instruction. Although the types of in-person instructional services vary both across and within states, ELLs typically spend most of their school day in the general classroom with English-only peers and receive specialized instruction from English-as-a-second-language (ESL) teachers for a specified number of hours a week. In the current climate, it is critical that ELLs continue to make academic progress and receive social-emotional support from their teachers along with their English-only peers.

As state and district leaders consider outreach through email, phone calls, and physical copies of instructional resources for providing equitable access to possible remote instruction when schools reopen, we offer the following evidence-informed suggestions for consideration.

1. Support students' emotional and mental health by maintaining relationships with schools and teachers. During the abrupt end to in-person schooling because of the COVID-19 pandemic and the transition to virtual instruction, it was important for school leaders to pay special attention to their districts' outreach efforts to families who do not speak English as their first language. Many families with English-language learners may also face significant challenges during this time from loss of work, separation from extended families, and concerns about their health. Information to help parents support their children allows for continuity of the central place of the school in the lives of many families. Additional resources from schools and districts for interpretation and translation with clear two-way communication may be necessary to support both teachers and families during remote instruction for ELLs.

2. Encourage and support families to use their best language. As parents have moved into a home schooling role, it is important to provide a clear message to families that by using their home language, they can continue to support their children's progress in literacy. In fact, recent research shows that young ELLs with strong early-literacy skills in their native Spanish at kindergarten entry made greater growth in English reading from kindergarten through 4th grade. In this study, the effect of early Spanish reading ability was more influential than students' ability to understand and speak English. Given the results of this study, the message for virtual learning is clear: Support and encourage families to use their best language. Skills learned from reading in native languages support learning in that language and can also transfer to learning to read in English.

3. Build on the considerable strengths of bilingual families. Families of English-language learners have considerable strengths that can be leveraged by schools and teachers to help them through this difficult time. By building on families' cultural wealth when planning virtual learning activities, ESL and classroom teachers can collaborate to tap into their students' cultural and family backgrounds through instructional activities that originate from a strengths-based viewpoint and can engage and sustain connections with families. Such a model can be used to recognize and build on family strengths and cultural knowledge. For example, teachers can offer learning activities that include the entire family, such as taking turns in storytelling or having older siblings read to younger ones. In the Latino community, for instance, parents may engage their children by using "cuentos" (stories) or giving "consejos" (advice in the form of a proverb).

4. Provide opportunities for enhanced teacher collaboration. Imagine kindergarten and 1st grade students and their parents trying to navigate virtual instruction from multiple teachers with different content, web portals, and instructional strategies. From our research in elementary schools, there are clear benefits for students when ESL and classroom teachers collaborate to provide aligned instruction with coordinated scaffolding for their ELLs. For example, after briefly planning together, ESL teachers can provide direct instruction to preteach specific academic vocabulary to support ELLs' comprehension during literacy lessons provided by their classroom teachers. Or ESL and classroom teachers can align instruction by using the same instructional strategies to teach phonics or reading- comprehension strategies across settings. Meaningful access to remote instruction for ELLs requires intentional collaboration between classroom and ESL teachers. As this type of collaboration is all the more difficult as the teachers themselves work remotely, it will require support for teachers from education agencies at the school, district, state, and national levels.

Focusing on supporting English-language learners and their families during virtual instruction will help teachers provide access to the curriculum and keep lines of communication open. While this is critical as families, teachers, schools, and communities adjust to life during various phases of stay-at-home orders in many states, these principles can also support families in the transition back to in-person schooling.

# data[].attributes.attachment_link.title
English-Language Learners Need More Support During Remote Learning (Opinion)

# data[].attributes.attachment_link.description
Young children who are learning English require special consideration during virtual instruction due to the COVID-19 pandemic. Approximately 1 in 6 children in kindergarten and 1st grade in the United States are learning English as a second (or third) language.

# data[].attributes.headline
Slide #6: Federal Constitutional Law - Amendment of the United States Constitution (U.S. Const. amend. XIV)

# data[].attributes.subject
Slide #6: Federal Constitutional Law - Amendment of the United States Constitution (U.S. Const. amend. XIV)

# data[].attributes.body
The state shall not deprive any person of life, liberty, or property, without due process, and it provides equal protection to all.

·      Legal requirements: states cannot discriminate nor deny equal opportunities of public education to anyone.

Reference:

U.S. Const. amend. XIV

# data[].attributes.attachment_link.description
[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…

# data[].attributes.headline
Slide #7: Statutory Law - Equal Education Opportunity Act of 1974 (20 U.S.C. § 1703(f))

# data[].attributes.subject
Slide #7: Statutory Law - Equal Education Opportunity Act of 1974 (20 U.S.C. § 1703(f))

# data[].attributes.body
Requires school districts and state education agencies (SEAs) to provide English Language Learners, or ELLs, with appropriate services to help them overcome language barriers, so that they can participate equally in educational programs.

·      Legal Requirements: Three factors are used to assess the district or SEA chosen program:

o   is the program based on educational theories or principles;

o   is the chosen program be implemented to fit the educational theory; and

o   the results of the program show success for overcoming language barriers after sufficient time.

Reference:

Equal Education Opportunity Act of 1974, 20 U.S.C. § 1703(f)

# data[].attributes.attachment_link.title
[USC02] 20 USC 1703: Denial of equal educational opportunity prohibited

# data[].attributes.attachment_link.description
USC02] 20 USC 1703: Denial of equal educational opportunity prohibited

# data[].attributes.headline
Slide #8: Judicial law - United States, GI Forum, & LULAC v. Texas 793 F. 2nd 636 (1986)

# data[].attributes.subject
Slide #8: Judicial law - United States, GI Forum, & LULAC v. Texas 793 F. 2nd 636 (1986)

# data[].attributes.body
The League of United Latin American Citizens (LULAC) and GI Forum stepped in and intervened on behalf of Mexican Americans after the ELL case, which originally arose from a desegregation order against the state of Texas and the Texas Education Agency (TEA). They alleged that the state of Texas and TEA had failed to sufficiently monitor and enforce programs in public schools for ELL students, which ultimately denied those students of equal educational opportunities.

·      Legal Requirements: School districts must provide sufficient data that they are providing the required programs and support to ELL students and that they are not in violation of the EEOA.

Reference:

United States, GI Forum, & LULAC v. Texas, 793 F. 2nd 636 (1986)

# data[].attributes.attachment_link.title
Angelo State University - Library Online Resources

# data[].attributes.attachment_link.description
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.

# data[].attributes.headline
Slide #9: Administrative Law - Texas Administrative Code (19 TAC § 89.1210)

# data[].attributes.subject
Slide #9: Administrative Law - Texas Administrative Code (19 TAC § 89.1210)

# data[].attributes.body
School districts are mandated to provide bilingual or English as a Second Language (ESL) programs to ELLs, as required for their grade level; their English proficiency level shall be determined by the language proficiency assessment committee, or LPAC; materials and instruction shall be provided by the district so that ELL students can master the curriculum.

·      Legal requirements of program: intensive instruction in English with second language acquisition methods in all subject areas; intensive instruction to develop proficiency in listening, reading, writing, and speaking; programs can be either pull-out or content-based.

Reference:

Program Content and Design, 19 Tex. Admin. Code § 89.1210

# data[].attributes.attachment_link.readable_text
(a) Each school district required to offer a bilingual education or English as a second language (ESL) program shall provide each English learner the opportunity to be enrolled in the required program at his or her grade level. Each student's level of proficiency shall be designated by the language proficiency assessment committee in accordance with §89.1220(g) of this title (relating to Language Proficiency Assessment Committee). The school district shall accommodate the instruction, pacing, and materials to ensure that English learners have a full opportunity to master the essential knowledge and skills of the required curriculum, which includes the Texas Essential Knowledge and Skills and English language proficiency standards (ELPS). Students participating in the bilingual education program may demonstrate their mastery of the essential knowledge and skills in either their primary language or in English for each content area. (1) A bilingual education program of instruction established by a school district shall be a full-time program of dual-language instruction (English and primary language) that provides for learning basic skills in the primary language of the students enrolled in the program and for carefully structured and sequenced mastery of English language skills under Texas Education Code (TEC), §29.055(a). (2) An ESL program of instruction established by a school district shall be a program of intensive instruction in English in which ESL teachers recognize and address language differences in accordance with TEC, §29.055(a). (b) The bilingual education program and ESL program shall be integral parts of the general educational program required under Chapter 74 of this title (relating to Curriculum Requirements) to include foundation and enrichment areas, ELPS, and college and career readiness standards. In bilingual education programs, school districts shall purchase instructional materials in both program languages with the district's instructional materials allotment or otherwise acquire instructional materials for use in bilingual education classes in accordance with TEC, §31.029(a). Instructional materials for bilingual education programs on the list adopted by the commissioner of education, as provided by TEC, §31.0231, may be used as curriculum tools to enhance the learning process. The school district shall provide for ongoing coordination between the bilingual/ESL program and the general educational program. The bilingual education and ESL programs shall address the affective, linguistic, and cognitive needs of English learners as follows. (1) Affective. (A) English learners in a bilingual program shall be provided instruction using second language acquisition methods and/or their primary language to introduce basic concepts of the school environment, and content instruction both in their primary language and in English, which instills confidence, self-assurance, and a positive identity with their cultural heritages. The program shall be designed to consider the students' learning experiences and shall incorporate the cultural aspects of the students' backgrounds in accordance with TEC, §29.055(b). (B) English learners in an ESL program shall be provided instruction using second language acquisition methods in English to introduce basic concepts of the school environment, which instills confidence, self-assurance, and a positive identity with their cultural heritages. The program shall be designed to incorporate the students' primary languages and learning experiences and shall incorporate the cultural aspects of the students' backgrounds in accordance with TEC, §29.055(b). (2) Linguistic. (A) English learners in a bilingual program shall be provided intensive instruction in the skills of listening, speaking, reading, and writing both in their primary language and in English, provided through the ELPS. The instruction in both languages shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects. (B) English learners in an ESL program shall be provided intensive instruction to develop proficiency in listening, speaking, reading, and writing in the English language, provided through the ELPS. The instruction in academic content areas shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects. (3) Cognitive. (A) English learners in a bilingual program shall be provided instruction in language arts, mathematics, science, and social studies both in their primary language and in English, using second language acquisition methods in either their primary language, in English, or in both, depending on the specific program model(s) implemented by the district. The content area instruction in both languages shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills in all subjects. (B) English learners in an ESL program shall be provided instruction in English in language arts, mathematics, science, and social studies using second language acquisition methods. The instruction in academic content areas shall be structured to ensure that the students master the required essential knowledge and skills and higher-order thinking skills. (c) The bilingual education program shall be implemented through at least one of the following program models. (1) Transitional bilingual/early exit is a bilingual program model in which students identified as English learners are served in both English and another language and are prepared to meet reclassification criteria to be successful in English-only instruction not earlier than two or later than five years after the student enrolls in school. Instruction in this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(1), for the assigned grade level and content area. The goal of early-exit transitional bilingual education is for program participants to use their primary language as a resource while acquiring full proficiency in English. This model provides instruction in literacy and academic content through the medium of the students' primary language along with instruction in English that targets second language development through academic content. (2) Transitional bilingual/late exit is a bilingual program model in which students identified as English learners are served in both English and another language and are prepared to meet reclassification criteria to be successful in English-only instruction not earlier than six or later than seven years after the student enrolls in school. Instruction in this program is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061(b)(2), for the assigned grade level and content area. The goal of late-exit transitional bilingual education is for program participants to use their primary language as a resource while acquiring full proficiency in English. This model provides instruction in literacy and academic content through the medium of the students' primary language along with instruction in English that targets second language development through academic content. (3) Dual language immersion/one-way is a bilingual/biliteracy program model in which students identified as English learners are served in both English and another language and are prepared to meet reclassification criteria in order to be successful in English-only instruction not earlier than six or later than seven years after the student enrolls in school. Instruction provided in a language other than English in this program model is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061. Instruction provided in English in this program model may be delivered either by a teacher appropriately certified in bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061. The goal of one-way dual language immersion is for program participants to attain full proficiency in another language as well as English. This model provides ongoing instruction in literacy and academic content in the students' primary language as well as English, with at least half of the instruction delivered in the students' primary language for the duration of the program. (4) Dual language immersion/two-way is a bilingual/biliteracy program model in which students identified as English learners are integrated with students proficient in English and are served in both English and another language and are prepared to meet reclassification criteria in order to be successful in English-only instruction not earlier than six or later than seven years after the student enrolls in school. Instruction provided in a language other than English in this program model is delivered by a teacher appropriately certified in bilingual education under TEC, §29.061, for the assigned grade level and content area. Instruction provided in English in this program model may be delivered either by a teacher appropriately certified in bilingual education or by a different teacher certified in ESL in accordance with TEC, §29.061, for the assigned grade level and content area. The goal of two-way dual language immersion is for program participants to attain full proficiency in another language as well as English. This model provides ongoing instruction in literacy and academic content in English and another language with at least half of the instruction delivered in the non-English program language for the duration of the program. (d) The ESL program shall be implemented through one of the following program models. (1) An ESL/content-based program model is an English acquisition program that serves students identified as English learners through English instruction by a teacher appropriately certified in ESL under TEC, §29.061(c), through English language arts and reading, mathematics, science, and social studies. The goal of content-based ESL is for English learners to attain full proficiency in English in order to participate equitably in school. This model targets English language development through academic content instruction that is linguistically and culturally responsive in English language arts and reading, mathematics, science, and social studies. (2) An ESL/pull-out program model is an English acquisition program that serves students identified as English learners through English instruction provided by an appropriately certified ESL teacher under the TEC, §29.061(c), through English language arts and reading. The goal of ESL pull-out is for English learners to attain full proficiency in English in order to participate equitably in school. This model targets English language development through academic content instruction that is linguistically and culturally responsive in English language arts and reading. Instruction shall be provided by the ESL teacher in a pull-out or inclusionary delivery model. (e) Except in the courses specified in subsection (f) of this section, second language acquisition methods, which may involve the use of the students' primary language, may be provided in any of the courses or electives required for promotion or graduation to assist the English learners to master the essential knowledge and skills for the required subject(s). The use of second language acquisition methods shall not impede the awarding of credit toward meeting promotion or graduation requirements. (f) In subjects such as art, music, and physical education, English learners shall participate with their English-speaking peers in general education classes provided in the subjects. As noted in TEC, §29.055(d), elective courses included in the curriculum may be taught in a language other than English. The school district shall ensure that students enrolled in bilingual education and ESL programs have a meaningful opportunity to participate with other students in all extracurricular activities. (g) The required bilingual education or ESL program shall be provided to every English learner with parental approval until such time that the student meets reclassification criteria as described in §89.1226(i) of this title (relating to Testing and Classification of Students) or graduates from high school.

Source Note: The provisions of this §89.1210 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415

# data[].attributes.attachment_link.description
(a) Each school district required to offer a bilingual education or English as a second language (ESL) program shall provide each English learner the opportunity to be enrolled in the required program at his or her grade level.

# data[].attributes.headline
Slide 10: Local Policy (Wichita Falls ISD Board Policy Manual, 2018)

# data[].attributes.subject
Slide 10: Local Policy (Wichita Falls ISD Board Policy Manual, 2018)

# data[].attributes.body
Wichita Falls ISD is required to identify and serve ELL students while providing the appropriate ESL program with qualified and certified teachers. The district is also required to assess the achievement of the essential knowledge and skills of ELLs to ensure accountability of the schools serving them.

Reference:

Wichita Falls ISD Board Policy Manual. (2018, December 17). Special programs – Bilingual

education/ESL. Retrieved from  https://pol.tasb.org/Policy/Download/1228?filename

=EHBE(LEGAL).pdf

# data[].attributes.body
The American School Counselor Association (2016) standard A.10.a states that the school counselor should “strive to contribute a safe, respectful, nondiscriminatory school environment in which all members of the school community demonstrate respect and civility” (p. 4). If school counselors create a positive and accepting school environment, ELL students are more likely to participate and learn without feeling oppressed.

Reference:
ASCA ethical standards for school counselors. (2016). American School Counselor Association. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

# data[].attributes.body
This guide includes five sections that provides information on federal laws regarding ELLs. The sections range from parent rights to ELL instruction based on federal laws. This guide is a quick reference for educators to become familiar with their expectations.

Reference:

Zacarian, D. (2012). Serving English learners: laws, policies, and regulations. Retrieved from https://www.colorincolorado.org/sites/default/files/Policy_Guide_Final.pdf

# data[].attributes.body
•Educators should stay up-to-date with policies and laws affect ELL. This will allow the educator to know how to best serve them.

•Educators should also stay up-to-date on current events. These issues may be the reason ELL students begin to miss school frequently, perform poorly, be hungry often, might seem more tired than usual, and more.

•Attend/take webinars or professional courses that teach you best practices and/or strategies to help ELL students succeed.

•Students immigration statue does not matter. In Plyler v. Doe (1982), “the Supreme Court ruled that denying enrollment or funding to schools that accept children whose families weren’t ‘legally admitted’ into this country is a violation of the fourteenth Amendment’s Equal Protection Clause” (Hall, 2016, “Plyler v. Doe”).

•If, for some reason, there are complaints on students who are new and immigrants, file a complaint to the Office of Civil Rights. Be sure to have a clear description of the situation for a strong case (Hall, 2016).

Reference:

Hall, N. (2016). Know your ELL’s rights: A quick federal law review. TESOL International association. Retrieved from http://blog.tesol.org/know-your-ells-rights-a-quick-federal-law-review/

# data[].attributes.attachment_link.readable_text
Our training for ESL/ELL specialization covers lots of ground. To make ourselves valuable resources for our students, we learn about linguistics, cultural connections, how to adapt assessments, and curriculum development. What we rarely learn about, though, are the laws behind ESL instruction-and that can be a problem, because a recent Associated Press investigation found that many districts throughout the nation are ignoring federal laws. Sadly, this hurts many students at the secondary level who may start to see dropping out as a more attractive option than dealing with an unwelcoming district, and because their parents may not speak English well enough to advocate for them this may become our responsibility.

There are some set laws about ELL/ESL programs we need to be familiar with to make a case for educating ELLs. Some of the most significant laws and other things you need to know are:

1. Title VI of the Civil Rights Act of 1964 - Students cannot be discriminated against by skin color or national origin. This is the foundation for much of modern U.S. education, although how well it has been implemented in the modern education system is a matter for another debate. A 1970 memo from the Office for Civil Rights clearly spells out that school districts must take affirmative steps to make the instruction available to students with limited English proficiency, and that these measures must be reviewed to make sure they stay in compliance with the law.

2. Lau v. Nichols - Students cannot be denied equal education or the right to participate in activities based on language. This 1974 Supreme Court Case makes it clear that equal education isn't telling all students the same thing, it's making sure all students have the same opportunities, even if they need extra language help to get it. And since students' first language is often a part of their identity, discriminating against them on this basis is akin to racial discrimination.

3. Plyler v. Doe - Students' citizenship status doesn't matter. Illegal immigration is always a hot issue, and it tends to get even hotter during election years, but for schools it simply shouldn't be an issue. In 1982, the Supreme Court ruled that denying enrollment or funding to schools that accept children whose families weren't "legally admitted" into this country is a violation of the Fourteenth Amendment's Equal Protection Clause. So although many angry commentators may say horrible things every time this issue comes into the media, schools should be a safe place for all children, no matter where they were born.

4. The Office of Civil Rights - You can make a complaint. Communities across the nation vary in how welcoming they are to recent immigrants, and since school boards and administrative roles are filled by people from the community, some may push agendas contrary to the law. If this happens, it may be time to file a complaint with the Office of Civil Rights with a clear description of what is going wrong. You can find more information about the federal government's guidance and requirements here to get the background you need to make a strong case for change.

About Nathan Hall

Nathan Hall, MA TESOL, MS Education, lives in Pottstown, PA with his wife and two daughters. He has been involved in ESL since he volunteered as a tutor in 2001, which inspired him to leave the field of journalism for education. He has since taught English language learners in a variety of settings ranging from community programs to colleges as well as in several different types of middle schools and high schools. He is currently an ELL specialist at Achievement House Cyber Charter School in Exton, PA.

# data[].attributes.attachment_link.title
| Know Your ELLs' Rights: A Quick Federal Law Review

# data[].attributes.attachment_link.description
Our training for ESL/ELL specialization covers lots of ground. To make ourselves valuable resources for our students, we learn about linguistics, cultural connections, how to adapt assessments, and curriculum development. What we rarely learn about, though, are the laws behind ESL instruction-and that can be a problem, because a recent Associated Press investigation found that many districts throughout the nation are ignoring federal laws.