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The following legal guide will outline information about the legal requirements for offering support to English-language learners (ELLs). I will approach the topic from my prospective role as a school counselor who wants to ensure that ELLs, many of whom are immigrant children or children of immigrant parents, have all the academic support necessary to reach success. I will speak directly to school counselors in Texas schools, helping them to understand how the law supports ELLs and specific ways school counselors can advocate for ELLs. Currently, as an educator in an international school in Cairo, Egypt, I have had experience working with ELLs and witnessing both the challenges they face adjusting to an all-English curriculum and the advantages they hold having a deeper understanding of multiple languages and cultures. I chose this topic because I desire to see more ELLs become college ready and reach their potential, and I believe that school counselors have an important role in serving as advocates for ELLs.

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A key component of the school counselor's role particularly in high schools is promoting college readiness in all students. The expectation is that all students would be able to attend college, and the school counselor can provide information about the college application process as well as support students in achieving this goal. By 2025, the U.S. Department of Education expects that 25% of all students will be ELLs (as cited in Perez & Morrison, 2016, p. 2). Despite this growing number of ELLs, currently only 18% of ELLs begin a four-year college degree while 43% of monolingual students do so (Perez & Morrison, 2016). This discrepancy should alert school counselors to the need to offer greater support to ELLs, particularly in preparing for college. An emerging aspect of ELL education of which school counselors should be aware relates to the assessment and placement of ELL students. The law has undergone several changes over recent years regarding ELL students and standardized testing. Guidelines have also shifted regarding how ELLs are identified, the type of language instruction they receive, and how they should be re-integrated in classrooms. In order for ELLs to be successful, they need both the specialized language support and the reintegration that assures they will have the credits and experience to then enter four-year colleges. As the number of ELLs grows, educators should watch for the policies regarding their education to change and the required interventions to increase.

References:
Perez, C.P., & Morrison, S.S. (2016). Understanding the challenges of English language learners and increasing college-going culture: Suggestions for school counselors. VISTAS Online. Retrieved from https://www.counseling.org/docs/default-source/vistas/article_81_2016.pdf?sfvrsn=4

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This resource shares about an experimental study evaluating school counselor self-efficacy in working with ELLs. The study describes the self-reported self-efficacy levels of a sample group of school counselors and also outlines recommendations for improving school counselors' comfort levels in working with ELLs, including increased professional development and practical experience (Johnson, Ziomek-Daigle, Haskins, and Paisley, n.d.).

https://www.schoolcounselor.org/asca/media/PDFs/WebinarPowerPoints/1096-2409-20-1-44.pdf

References:
Johnson, L.V., Ziomek-Daigle, J.,  Haskins, N.H., & Paisley, P.O. (n.d.). An investigation of school counselor self-efficacy with English language learners. Professional School Counseling, 20(1), 44-53. doi: 10.5330/1096-2409-20.1.44

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https://www.edweek.org/ew/articles/2017/06/21/too-few-ell-students-land-in-gifted.html

The article discusses the growing number of ELLs in schools across the U.S. and the small portion of this population that end up in gifted programs.

Specifically, the article focuses on how this issue is currently being handled in a Tulsa, Oklahoma school district.

The article mentions Every Student Succeeds Act (ESSA) and how this education law expects schools to report about ELLs whose academic performance is more advanced and not just those who are performing below level.

Across schools in the U.S., ELLs make up 10% of the student population, and yet they represent only 1% of students in gifted programs. Most states do not have an adequate portion of ELLs in their gifted programs.

While ELLs may struggle to communicate their knowledge clearly due to language difficulties, they may actually exhibit more advanced problem-solving skills and greater flexibility due to their practice of multiple languages.

Oklahoma has a larger gifted program compared to other states but a low percentage of ELLs participating in this program.

One major reason for this discrepancy in the percentage of ELLs in schools and those in gifted programs is that schools place students in gifted programs based on assessments that require proficiency in the English language.

When schools opt instead for placing students based on teacher and parent recommendations, these placements are often also imbalanced because some of the highest performers are never acknowledged and given the chance to participate in gifted programs.

Tulsa has implemented several new ways of placing students in its gifted program, including using the CogAt and Naglieri Nonverbal Ability Test which measure students’ intellectual abilities outside of language. The school district has also used translators to help younger students in placement tests and identified students who are improving rapidly in English language skills as possible candidates for the gifted program.

Tulsa has recently increased the number of students in its gifted programs and the number of ELLs within gifted programs, but many states have not made adjustments to ensure that more eligible ELLs have access to gifted programs (Sparks & Harwin, 2017).

School counselors can advocate for ELLs specifically in improving their access to gifted programs. Involvement in gifted programs can open doors for more advanced academic achievement and a broader range of college opportunities.

References:
Sparks, S.D., & Harwin, A. (2017, June 20). Too few ELL students land in gifted classes. Education Week. Retrieved from https://www.edweek.org/ew/articles/2017/06/21/too-few-ell-students-land-in-gifted.html

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https://blogs.edweek.org/edweek/learning-the-language/2018/10/english_earners_denied_access_to_STEM.html

This article discusses a recent report released by the National Academies of Sciences, Engineering, and Medicine regarding current access of ELLs to STEM education and suggestions for greater integration of ELLs into STEM programs.

The report, which is included in the article, presents ways in which school districts can provide language support for ELLs so that they can engage with STEM education regardless of their English language proficiency.

Again, this article reminds educators that ELLs bring wonderful strengths to the educational environment that often seem overshadowed by language barriers, and it is important that educators celebrate and capitalize on those strengths to help ELLs reach their maximum potential (Mitchell, 2018).

School counselors can use this data and these suggestions to advocate for increased involvement of ELLs in STEM education, highlighting for administrators and teachers how valuable such an education will be in supporting ELLs in their college readiness and career goals.

References:
Mitchell, C. (2018, October 18). English learners often denied full access to STEM education, report finds. Education Week. Retrieved from https://blogs.edweek.org/edweek/learning-the-language/2018/10/english_earners_denied_access_to_STEM.html

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The Fourteenth Amendment (U.S. Const. amend. XIV) - Constitutional Law:

The Fourteenth Amendment establishes equal protection and rights under the law for all people who have become citizens either through birth in the United States or through naturalization.

This law protects the right to an education for children of immigrants or children who have immigrated to the United States and become citizens.

While future laws have set the precedent for not only a right to education, but access to equal education, this constitutional law provides the foundation for providing free, public education to all children regardless of race or linguistic background.

https://www.archives.gov/founding-docs/amendments-11-27

References:
U.S. Const. amend. XIV.

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Lau v. Nichols (Lau v. Nichols, 1974) - Judicial Law:

In Lau v. Nichols, The Supreme Court mandated that schools must provide English language support for non-English speaking students in their schools, many of whom are immigrant children.

A large group of students of Chinese descent had been denied explicit English language learning instruction in a San Francisco school district.

The Supreme Court determined that this denial of English language support set these students at an impossible disadvantage to succeed in a school setting in which all curriculum was in English and required a strong foundation of English language.

This decision was based on the Civil Rights Act of 1964, which protects against discrimination based on race in the distribution of government funding.

Lau v. Nichols continues to impact education today as the number of ELLs in schools increases, and this judicial law sets the precedent for schools to provide equitable and accessible education for ELLs. Today, the implications of this case could include giving ELLs better access to advanced courses in various content areas regardless of their English language proficiency.

https://scholar.google.com.eg/scholar_case?case=5046768322576386473&q=Lau+v.+Nichols,+414+US+563&hl=en&as_sdt=2006&as_vis=1

References:
Lau v. Nichols, 414 US 563 (1974).

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Bilingual Education and Special Education Programs (Tex. Educ. Code § 29.051-29.065) - Statutory Law:

This statute allows for the incorporation of bilingual instruction in Texas schools to support English language learning.

This statute also provides funding for programs supporting all ELLs and encourages districts to develop their own creative ELL programs.

It outlines procedures for assessing students’ language abilities and also developing district procedures to evaluate the success of ELL programs.

Any grade that has at least twenty ELL students should have a bilingual program, and this statute also outlines certification requirements for bilingual teachers.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.29.htm#29.061

References:
Tex. Educ. Code § 29.051-29.065.

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Every Student Succeeds Act (ESSA) (20 U.S.C. § 6301-8602) - Statutory Law:

This law replaced the No Child Left Behind Act, which was an amendment to the Elementary and Secondary Education Act of 1965.

This broad education law places emphasis on developing quality English language learning programs, which greatly impact the success of non-English speaking immigrant children in public schools.

ESSA requires that states establish systematic programs for identifying ELLs, providing supplemental language support, and then reintegrating them into the standard classroom.

For standardized testing, schools are now not required to report the pass rates of newly arrived immigrants for the first two years that they are in the system.

On the other hand, schools must report the overall progress of ELLs, and the success of their school and ELL programs will be assessed regularly based on this data.

These updates provide more accountability for schools so that they will invest in quality ELL programs.

https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter70&edition=prelim

References:
Every Student Succeeds Act, 20 U.S.C. § 6301-8602.

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Slide #10: Local Administrative Law/Policy/Rule

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Slide #10: Local Administrative Law/Policy/Rule

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Conroe Independent School District (CISD) has established a policy regarding ELLs, which states that ELLs have the right to special services and accommodations. A Language Proficiency Assessment Committee (LPAC) comprised of district representatives and parents will determine the eligibility of each student for ELL services based on several assessments (CISD, 2018). http://www.conroeisd.net/wp-content/uploads/2018/07/18-19-Secondary-Student-Handbook-English.pdf

The following presentation outlines the process and components of CISD bilingual/ESL programs, including how students will be assessed both at the beginning and throughout these programs as well as procedures for procuring parent consent for students to enter the programs (CISD, 2016).
http://www.conroeisd.net/wp-content/uploads/2016/09/LPAC-Parent-Training-12-13.pdf

References:
Conroe Independent School District (CISD). (2016). LPAC parent annual training [Lecture

notes, PDF]. Retrieved from

http://www.conroeisd.net/wp-content/uploads/2016/09/LPAC-Parent-Training-12-13.pdf

Conroe Independent School District (CISD). (2018). Secondary Student Handbook, 87. Retrieved from http://www.conroeisd.net/wp-content/uploads/2018/07/18-19-Secondary-Student-Handbook-English.pdf

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The American School Counselor Association (ASCA) Ethical Standards for School Counselors A.3. d. states that school counselors “use data to determine needed interventions, which are then
delivered to help close the information, attainment, achievement
and opportunity gaps.” (ASCA, 2016, p. 3). This standard directs school counselors to help in identifying students who need additional support, such as ELLs, so that there are no significant gaps in their achievement and opportunities. As counselors analyze data such as the lower percentage of ELLs entering colleges and participating in gifted and STEM programs, they should alert administrators and advocate for ELLs to close these gaps.

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

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https://www.txel.org/

This website provides helpful information for Texas teachers, school leaders, parents, and community partners as they seek clarification on the law, opportunities in professional development, and ways to support ELLs toward post-secondary success. For parents, this website shares about online and community resources that support language learning for their children and also assist in translation so that they can communicate well with their children's schools. School counselors can direct teachers, school leaders, and parents to this website as they seek to advocate for ELLs and support their success.

References:
Texas Education Agency. (2019). Supporting English learners in Texas. Retrieved from https://www.txel.org/

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Slide #13: Bulleted List of Recommendations / Best Practices for Compliance 

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Slide #13: Bulleted List of Recommendations / Best Practices for Compliance 

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All school districts in the United States must develop systems for identifying ELL students, developing bilingual and ELL programs, and evaluating their programs and the progress of ELL students.

All CISD schools should identify and place ELL students in appropriate programs through  an LPAC.

During their first two years after immigration, ELLs may have accomodations in standardized testing, and their scores do not need to be reported with the rest of the school’s results.

Government funding through ESSA is available to support quality ELL programs that seek innovative ways to advance ELLs language development and ultimately re-integrate them into standard classes.

Because a lower percentage of ELLs enter college and successfully complete a four-year degree, school counselors must find ways to better support ELLs in college readiness through proper placement in ELL programs and increased education and guidance through the college application process.

Data shows that ELLs have less access to STEM education and gifted programs. School counselors should use this data to advocate for equitable assessments that highlight ELLs’ qualifications for entry into these programs, which will then support greater post-secondary opportunities.

Both teachers and school counselors need increased professional development and practical experience working with ELLs so that they feel competent to provide equitable services to these students.

School counselors and other school leaders should work alongside the parents of ELL students, ensuring that these parents have sufficient resources to overcome language barriers and ensure access to equitable education for their children.