Legal Guide for First Year Instructors of ELL Students by Ashlee Havlak https://padlet.com/ahavlak1/legalguideell This legal guide will serve as a resource for instructing English language learners in ENGL- 1301. en-us 2021-03-04 17:30:01 UTC 2021-03-12 19:49:35 UTC hello@padlet.com Slide 1: My Professional Perspective ahavlak1 https://padlet.com/ahavlak1/legalguideell/wish/1270358445  My professional perspective is that of an upcoming ENGL 1301 university instructor. I graduated from Texas A&M University with a Bachelor's degree in English. While at Texas A&M, I gained teaching and tutoring experience through my writing consultant position at the University Writing Center. I am currently pursuing my graduate degree at Angelo State University, and I plan to teach an English Composition course as a TA in the fall. This legal guide is intended for other English Composition instructors who may have an ELL student in their classroom and/or writing center administrators and tutors working with ELL students. As a third-year writing center tutor who has worked at two universities, I have seen and heard the struggles of ELL students in regards to their educational experience, so I wanted to further explore this topic. ]]> 2021-03-04 17:44:39 UTC https://padlet.com/ahavlak1/legalguideell/wish/1270358445 Slide 2: Interview ahavlak1 https://padlet.com/ahavlak1/legalguideell/wish/1270475860 I interviewed Dr. Katie Jones,
Senior English Instructor and Developmental English Coordinator at Angelo State University. As an English Composition instructor. Dr. Jones discussed the importance of becoming aware of legal requirements concerning ELL students in higher education. In Texas,  a significant percentage of the university populations are classified as ELL students. While classified together, it is necessary to acknowledge that  individual students come from a unique background, separate experiences, and varied exposure/utilization of the English language. Dr. Jones also explained that a number of students taking English Composition are placed in that course due to the inability of meeting TSI standards or that of other standardized tests which may be in part due to language barriers. As an English Composition professor, Dr. Jones expressed that instructing ELL students is a part of her daily professional life.

Best Practices 
  • Delivery of instruction and class size - avoid using terminology and language without explanation  that may be difficult for ELL students to understand ; speak slower and repeat instructions; smaller class sizes often make ELL students more comfortable with asking questions
  • Strategic Grading - avoid marking every single grammatical error and focus on higher-order concerns  
  • Scaffolding assignments-structure and individualized instruction is helpful to students  

Dr. Jones stated that she was not aware of any pending legislation regarding the instruction of ELL students. However, Dr. Jones explained that instructors are monitoring the Biden Administration and legislation regarding immigration policies. Dr. Jones explained that changes to immigration law could potentially lead to an increase in the number of ELL students in attendance at universities in Texas. This change in immigration legislation could result in the reformation of ELL student education with legal changes aiming towards the goal of enhancing the educational experience for ELL students. 


]]> 2021-03-04 18:05:30 UTC https://padlet.com/ahavlak1/legalguideell/wish/1270475860 Slide 3: Professional Association ahavlak1 https://padlet.com/ahavlak1/legalguideell/wish/1270604041 Buchs, L., & Bilbrey, C. (2019, December 6). Unraveling Title IX with International Students. National Association of Student Personnel Administrators.https://www.naspa.org/course/unraveling-title-ix-with-international-students. 

The National Association of Student Personnel Administrators offers a course titled "Unraveling Title IX with International Students". This course informs its participants on how to identify potential barriers for international students in regards to Title IX policies and how to create a plan for breaking these barriers down by providing resources and opportunities for collaboration to improve ELL students' access to Title IX. Because ELL students may not find the Title IX resources currently accessible due to language barriers, this course would help administrators learn new strategies to create equal opportunities and equal access to the rights of all students. ]]> 2021-03-04 18:27:02 UTC https://padlet.com/ahavlak1/legalguideell/wish/1270604041 Slide 4: Current News ahavlak1 https://padlet.com/ahavlak1/legalguideell/wish/1270910238 Jaschik, S. (2021, February 22).
The Battle to Test International Students. Inside Higher Ed. https://www.insidehighered.com/admissions/article/2021/02/22/ets-unveils-new-toefl-keeps-old-toefl. 
  • Foreign students have still been required to demonstrate English proficiency through standardized tests despite most testing being optional during Covid-19
  • The new version of TOEFL is called "TOEFL Essentials" and costs less than the original 
  • International student enrollment dropped significantly in Fall 2020
  • TOEFL Essentials takes half the time to complete and costs half of the original
  • Testing officials claim that competing tests do not offer the same accuracy as TOEFL, listing Duolingo as an example
  • Universities have been more willing to accept different tests during Covid-19

]]> 2021-03-04 19:23:31 UTC https://padlet.com/ahavlak1/legalguideell/wish/1270910238 Slide 5: Current News ahavlak1 https://padlet.com/ahavlak1/legalguideell/wish/1270911299 St. Amour, M. (2019, December 17). Accelerating Coursework for ESL. Insider Higher Ed. https://www.insidehighered.com/news/2019/12/17/no-clear-cut-answers-reforming-english-language-instruction. 

  • Assembly Bill 705 required universities in California to speed up the ESL coursework
  • Instructors have varied opinions on this bill; Some argue that the accelerated coursework allows ELL students to progress more quickly in other courses
  • Providing certificates in ESL is argued to work as encouragement for students to accelerate more quickly
  • Following Assembly Bill 705, officials are looking into reforming the ELL program, as a large percentage of students enrolled in college are ELL. 
  • The tension between ESL faculty and non-ESL faculty is forcing instructors to reform their teaching practices when it comes to ELL students. 
  • In order to best accelerate the ESL coursework, changes would need to be made to the curriculum as well. 
]]> 2021-03-04 19:23:44 UTC https://padlet.com/ahavlak1/legalguideell/wish/1270911299 Slide 6: Every Student Succeeds Act (ESSA) ahavlak1 https://padlet.com/ahavlak1/legalguideell/wish/1276219677 Federal Statutory Law
Every Student Succeeds Act, 20 U.S.C. § 6301 (2015). https://www.congress.gov/bill/114th-congress/senate-bill/1177
  • President Obama signed this statute in 2015
  • Ensures equal opportunity for all students
  • Improves educational equity 
  • Annual statewide assessments are utilized to measure student progress (can track improvements of ELL students and recognize where additional support is needed)
  • Allows new ELL students to be exempt from the assessment for one year if being enrolled in a United States school
  • Funding levels rise, and school districts are able to acquire more resources to enhance to education of ELL students





]]> 2021-03-06 05:43:47 UTC https://padlet.com/ahavlak1/legalguideell/wish/1276219677 Slide 7: Commissioner's Rules Concerning State Plan for Educating English Learners ahavlak1 https://padlet.com/ahavlak1/legalguideell/wish/1280592746 State Administrative Law
(19 TAC §89.1201) 

  • Students whose first language is not English will be provided with and have the option to participate in  bilingual education and/or an ESL program
  • School districts must refer to the information provided by the state in order to identify ELL students that may benefit from these services
  • School districts must also ensure that instructors have proper certification in order to participate/teach in programs for ELL students
  • School districts must make certain that the programs for ELL students are meeting the requirements for obtaining and mastering key educational milestones
As an instructor of an English 1301 course, it is essential that one remain aware of the rights and programs students had access to prior to attending a university.
]]> 2021-03-08 06:34:01 UTC https://padlet.com/ahavlak1/legalguideell/wish/1280592746 Slide 8: Lau v. Nichols ahavlak1 https://padlet.com/ahavlak1/legalguideell/wish/1285661584 Federal Judicial Law
(Lau v. Nichols, 414 US 563 (1974))

  • Court unanimously decided that failing to provide sufficient supplemental language instruction violated the Civil Rights Act of 1964 
  • Students argued that this failure indicated an unequal educational opportunity. 
  • Lack of supplemental language instruction prevented students from having the opportunity and ability to participate in the school system
  • As a result of this case,  Home Language Surveys and Bilingual Education were offered in an effort to resolve
  • Giving all students the exact same resources, (textbooks, supplies, instructors, lessons), does NOT provide all students an equal opportunity. 
]]> 2021-03-09 04:23:00 UTC https://padlet.com/ahavlak1/legalguideell/wish/1285661584 Slide 9: Bilingual Education and Special Language Programs ahavlak1 https://padlet.com/ahavlak1/legalguideell/wish/1285702195  State Constitutional Law
(Tex. Const. art. 7, §29.051 .)

  • While this law refers to the Texas Public School System, it is essential that instructors be aware of the possible instruction program an ELL student is coming from when enrolled in a freshman English Composition course. 
  • English is certified as the language of the State of Texas
  • Schools are required to provide students with access to programs dedicated to providing guidance and instruction in writing, speaking, and reading English
  • Instruction only provided in English is considered inadequate
  • language programs must provide students with tools and instruction to learn English as well as integrate ELL students into the standard curriculum 

]]> 2021-03-09 04:40:08 UTC https://padlet.com/ahavlak1/legalguideell/wish/1285702195 Slide 10: Local Administrative Policy ahavlak1 https://padlet.com/ahavlak1/legalguideell/wish/1285828284
Texas A&M University.  Texas A&M University Student Rules., Part I, §4. Retrieved from https://student-rules.tamu.edu/academicrules/

Texas A&M University has a policy regarding ELL students establishing that any college within the university may require  students to take an English Proficiency exam. Remedial coursework may be required and approved by the college's dean depending on the student's performance on the proficiency exam.]]> 2021-03-09 05:25:49 UTC https://padlet.com/ahavlak1/legalguideell/wish/1285828284 Slide 13: Recommendations and Best Practices ahavlak1 https://padlet.com/ahavlak1/legalguideell/wish/1289298261
  • Faculty may attend ELL instruction training and seminars.

    • The university may establish a system for receiving and addressing faculty questions and concerns regarding the instruction of ELL students .

    • In English courses, encourage freewriting in one's native language to help students generate ideas and take down the barrier of language.

    • The university may focus on student outreach and informing ELL students of their legal rights.

    • Provide ELL students the option of courses with smaller class sizes. This could help ensure that ELL students receive equal assistance and have the opportunity to communicate any difficulties with a professor. 

    • Include resources pertaining to ELL students within the syllabus so students may be aware of these programs and feel comfortable utilizing them. 

    • Provide forums and/or surveys for open conversation where ELL students may discuss their higher education experience. This may provide universities and instructors with the knowledge of what is working well and what still needs to be improved.
     
    • Keep faculty informed regarding changes to standardized testing for ELL students, and create clear criteria for deciding whether an English Proficiency exam needs to be administered.

    ]]>     2021-03-09 18:43:26 UTC https://padlet.com/ahavlak1/legalguideell/wish/1289298261     Slide 11: Ethical Principle ahavlak1 https://padlet.com/ahavlak1/legalguideell/wish/1289482302 (ACPA - College Student Educators International, 2006)

    Item 2.12 in the ACPA’s “Statement of Ethical Principles and Standards” states that student affairs professionals must develop multicultural skills and knowledge and must exercise this multicultural competence when interacting with students (ACPA - College Student Educators International, 2006).

     In relation to teaching ELL students, it is imperative that instructors become multiculturally competent and provide ELL students with equal attention and assistance. Because ELL students come from a variety of cultural backgrounds, English language competencies, and experiences, instructors must abide by this ethical principle to provide ELL students with an equal opportunity for education. ]]>     2021-03-09 19:16:10 UTC https://padlet.com/ahavlak1/legalguideell/wish/1289482302     Slide 12: Personal Connection ahavlak1 https://padlet.com/ahavlak1/legalguideell/wish/1298845048 As a 3rd-year writing center consultant, I have tutored many ELL students seeking advice and feedback on their written and spoken communication skills. However, through my research into the legal and ethical principles applying to ELL students, I now understand the actions and procedures instructors must perform and consider when instructing ELL students. I will soon begin teaching a 1301 English Composition course, and I have been informed that I will likely have international students in my class that may be learning English as their second language, so I will be keeping these principles in mind while also remaining cognizant of the actions I can take as an instructor to provide my students with equal educational access. 

    Because of my prior interactions and discussions with ELL students attending a university, I feel that these legal and ethical principles are necessary in order to facilitate an educational environment with equal access to opportunities. Through the years, I have heard ELL students discuss the hardships they have faced in higher education pertaining to understanding assignments and receiving equal and understanding treatment from professors, but now I am aware of the resources and legal rights provided to ELL students. As a future instructor, these legal principles and guidelines that universities must abide by will allow me to provide my students with access to resources they may utilize in order to be successful in their educational pursuits. ]]>     2021-03-11 16:18:29 UTC https://padlet.com/ahavlak1/legalguideell/wish/1298845048