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This guide is intended to inform teachers of the rights promised to their ELs (English Learners: any students whose first language is not English) and the responsibilities they have accordingly. Many new or inexperienced teachers may not know how to support ELs. This guide will inform them of these students' rights and will provide an understanding of how to support these students. As all teachers receive this training, it will ensure that the school is expressing to each instructor the expectations of them concerning ELs.

This topic was chosen because many teachers do not know the rights guaranteed to their ELs and/or the responsibilities that they have to these students. To provide equitable education, every single student must receive the same opportunities to learn. Teachers must know how to provide these supports for their ELs to give them an equitable education.

This guide was created by a principal with experience in teaching high school English, who received her master's degree in Educational Leadership from Angelo State University. As the instructional leader of the school, the principal strives to ensure that all students are being presented fair opportunities to learn the material and excel.

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This legal guide provides an overview of the legal rights that ELs have and the legal responsibilities that their educators have in supporting them. On top of the laws related to providing equitable education to ELs, this guide also provides resources that provide practical insight on how to provide language supports for students. This guide is important because it equips all teachers to understand their responsibility to their ELs, and it also helps them understand how they can carry out this responsibility.

A continuing dilemma in education is that teachers do not know how to support ELs, so they either do nothing or provide school work that falls below what is age appropriate for the student. To remedy this, more supports and clearer best practices will likely be produced. As educators, we need to commit to not let ourselves teach like these teachers: we must appropriately challenge our students and continuing adding to our academic tool boxes to better help all our students.

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An ASCD article shares the importance of providing equitable education with appropriate supports to ELs. It begins by debunking certain myths (ELs should not focus on rigorous curriculum until they are advanced in their English skills or content for ELs needs to be easier than the content their English-speaking peers receive), and it also talks about the unique strengths multilingual students have.

While developing the supports for ELs may be difficult, it is worth your time. As an educator, you believe that students are capable of learning. Providing solid language supports for your ELs will help ensure that you are living that belief and providing an equitable education for your students.

Link

Nordmeyer, J., Boals, T., MacDonald, R., & Westerlund, R. (2021, March 1). What does equity really mean for multilingual learners? Association for Supervision and Curriculum Development. https://www.ascd.org/el/articles/what-does-equity-really-mean-for-multilingual-learners

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4) Current News Articles--Diversity of ELs

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4) Current News Articles--Diversity of ELs

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This article talks about the dangers of assuming that all ELs are identical. Differences in backgrounds, language abilities, academic abilities, family life, etc. cause great differences between ELs.

As educators, it is important to research and know best practices of instruction.  Just as each student learns differently and needs different academic supports, each EL learns differently and is at a different level in his English-language acquisition and needs different supports. The administrative staff and the ESL staff at our school are dedicated to researching best practices so that we can help equip you with and teach you how to use the language tools each of your individual students needs to be successful.

Link

Gunderson, L. (2021). The Consequences of English Learner as a Category in Teaching, Learning, and Research. Journal of Adolescent & Adult Literacy, 64(4), 431. https://doi-org/10.1002/jaal.1116

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5) Current News Articles--Long-Term English Learners

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5) Current News Articles--Long-Term English Learners

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This article exposes the fact that many ELs remain labeled as ELs, even when they have been in the American education system for years. Students still struggle to acquire academic language skills because they lack the proper supports needed to help them reach the same levels as their peers.

Teachers must focus on helping their students acquire language skills, but they must also emphasize acquisition of the content. Many ELs stay behind academically because their instructors do not challenge them appropriately enough to help them reach the same levels as their peers, and/or the teachers do not provide adequate language supports to help these students acquire the skills needed.

Link

Mokhtari, K., Brock, C. H., & Zygouris-Coe, V. (Vicky) I. (2021). Instructional Casualties: A Review of Transforming Literacy Education for Long-Term English Learners: Recognizing Brilliance in the Undervalued. Journal of Adolescent & Adult Literacy, 64(5), 604. https://doi-org/10.1002/jaal.1144

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6) Original Sources of Law: Constitutional (Federal)--The Fourteenth Amendment

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6) Original Sources of Law: Constitutional (Federal)--The Fourteenth Amendment

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The Fourteenth Amendment declares that all citizens of the United States--whether natural born or naturalized--have protected rights.

This law provides the foundation for schools to provide equitable education for all students, regardless of their language abilities.

Even though providing language supports and accommodations and modifications may be difficult at times, all instructors need to provide them to ensure a greater likelihood of academic success for their students.

Link

U.S. Const. amend. XIV.

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7) Original Sources of Law: Statutory (State)--Texas Education Code

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7) Original Sources of Law: Statutory (State)--Texas Education Code

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This law states that ELs should be in the general education classrooms for electives, such as art and music classes and P.E.

This law means that elective teachers will need to provide extra supports for their students, to make sure that they understand the material with their English-speaking peers.

ESL should keep students' individual learning preferences in mind and should utilize elements of the students' cultures.

All instructors should be aware of their students' learning preferences (differentiation). They should also incorporate an array of cultures: if Japanese students are in an English class, look for Japanese literature to share. Incorporating ELs' culture will not only connect them with the content but will also give them an opportunity to share about their content, thus strengthening their communication skills.

Link

Program Content; Method of Instruction, Tex. Educ. Code §29.055

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8) Original Sources of Law: Judicial (Federal)--Lau v. Nichols

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8) Original Sources of Law: Judicial (Federal)--Lau v. Nichols

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This court case determined that ELs require language supports in order to be successful. Providing the students the exact same curriculum (with no accommodations or modifications) is not equal because ELs may struggle at different levels to comprehend the material and the task. This case established a precedent for future ESL and bilingual programs

This law means that educators must provide language supports for their students. The accommodations and modifications addressed in the previous slide must be followed by instructors so that their students can better comprehend the material. Though this may provide an extra step for teachers, this is how the students can more successfully grapple the material.

Link

Lau v. Nichols, 14 U.S. 563 (1974).

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9) Original Sources of Law: Administrative (Federal)--Dear Colleague Letter

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9) Original Sources of Law: Administrative (Federal)--Dear Colleague Letter

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This letter outlines specifics on how to provide equitable education for ELs.

Perhaps most importantly, this document states that ELs should have equal access to curriculum. This means that they must be learning the same curriculum as other students.

While teachers may provide accommodations to the curriculum to make the content more accessible, they are not allowed to provide different information.

If the class is working on poetry, the teacher may not just assign an EL a short story.

If a Pre-AP English II class is working on identifying caesura and enjambment in a poem, the teacher may not just assign an EL a fifth-grade poem and ask him/her to write a summary.

Link

Lhamon, C.E., & Gupta, V. (2015, January 7). Dear Colleague Letter: English Learner Students and Limited English Proficient Parents. Washington, DC: U.S. Department of Education, Office for Civil Rights. Retrieved from https://www2.ed.gov/about/offices/list/ocr/letters/colleague-el-201501.pdf

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Keller ISD policy is that ELs, once identified, are allowed access to any necessary accommodations or modifications determined by the LPAC. All educators must follow these accommodations and modifications; any teachers who have questions should speak with an administrator or an ESL teacher.

Link

Keller ISD. (2020). Student Handbook, Child Sexual Abuse and Other Maltreatment of Children (All Grade Levels). Retrieved from https://www.kellerisd.net/cms/lib/TX02215599/Centricity/Domain/96/Handbooks /StudentHandbook.pdf

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Ethical Standard 3.1 says that educators will not harm their students' learning or development. As an educator, you must provide equitable education for your ELs and create the supports that they need to be successful so that you are not endangering their learning or development.

Link

Educators’ Code of Ethics, 19 Tex. Admin. Code § 247.2.

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This article provides a myriad of supports that educators can provide for ELs. Instructors that do not know how to provide the supports legally required of them can use this resource to start implementing appropriate and necessary accommodations for their ELs.

Link

Gonzalez, Jennifer. (2014, December 11). 12 ways to support English Learners in the mainstream classroom. Cult of Pedagogy. https://www.cultofpedagogy.com/supporting-esl-students-mainstream-classroom/

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13) Bulleted list of Recommendations / Best Practices for Compliance

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13) Bulleted list of Recommendations / Best Practices for Compliance

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Ask questions. You may speak with any of the administrative team or any of our ESL staff. We are here to help equip you to teach all of your students equitably.

Keep committed to the idea that all students can learn. If you genuinely believe that all of your students can learn, then you are going to do whatever you can to make sure that your student who doesn't yet speak any English has the resources she needs to learn the content.

Research best practices. Keep learning which language supports are recommended and what approaches help students with particular levels of language acquisition. The administrators and ESL staff at our school are well-versed in EL best practices and language supports, and we can help you learn more approaches.

Be aware of personal biases. You may have personal biases towards ELs or towards immigrant students or people within a specific group. Make sure you are aware of any personal biases you may have and that you know how to work through them to continue to provide equitable education for all of your students. If you find that you are distracted by a personal bias, please speak with an administrator, counselor, or a member of the ESL staff so that we can help you overcome it.

Know your students' accommodations. ELs may have a list of specific accommodations provided by the LPAC. Carrying out these accommodations not only keeps you safe legally, but it also gives you a place to start if you are struggling with which language supports to provide your student(s).

Keep your "why" at the forefront of your mind. Creating supports and accommodations for your EL students will take time. Just like preparing accommodations for your 504 and SPED students takes time. And preparing enrichment activities for your GT/advanced students. Reminding yourself of the reason why you became an educator will help you keep the right attitude and stay determined when the work can become difficult or frustrating.