Bilingual Education Program Webinar January 25, 2013

Bilingual Education Program Webinar January 25, 2013

New Assistant Superintendent
Gil Mendoza, Assistant Superintendent of Migrant, Bilingual, and Native Education

What does this change mean?
Increased coordination across Migrant, Bilingual and Native Education programs and with other OSPI divisions: School Success, Student Support Services, Career and College Readiness, Assessment, Teaching and Learning. Raised awareness at cabinet level of need for our served populations. Quicker decision making and approval process because of more direct reporting to the superintendent. Representation on several legislative and State Board of Education working groups. Working relationships with districts and ESD's will look the same: Helen and program supervisors directing existing operations.

360-725-6147  www.k12.wa.us/MigrantBilingual

Agenda Program data entry to CEDARS WELPA Annual Test
Information on the development of new ELP standards & the ELPA 21 assessment Equity and Civil Rights Updates to TBIP/Title III Program guidance Program updates ( Grant Application Workshop, parent/student meetings)

LEP Data in CEDARS Paul McCold, PhD
Migrant, Bilingual & Native Education Office of Superintendent of Public Instruction

LEP Data in CEDARS Available resources: AMAO Session Slides
Understanding LEP Application Webinar

LEP Data in CEDARS Coming soon……

Basic Training for TBIP Data Entry
LEP Data in CEDARS WABE Annual Conference 2013: What's Academic Language Got to Do with It? Friday, April 19, Saturday, April 20, 2013 Basic Training for TBIP Data Entry By Paul McCold, OSPI This workshop will review the procedures for enrolling, transferring, waiving, exiting, and transitioning TBIP students in the CEDARS environment. We will review the EDS LEP Application features, end of the school year procedures, and answer questions specific to your school district.

CEDARS Bilingual Data Elements
Element J01 – School Year Element J02 – Serving County District Code Element J03 – District Student ID Element J04 – State Student ID (SSID) Element J05 – Location ID Element J06 – Instructional Model Code Element J07 – Program Start Date Element J08 – Program Exit Date Element J09 – Exit Reason Code Element J13 – Initial WA Placement Test Date Element J17 – Program Designation Element J18 – Placement Test Code Element J19 – Grade Level at Placement Element J20 – Placement Test Scale Score Element J21 – Placement Test Level Score Element J22 – Placement Test Date

Finding CEDARS Submission Errors

SS SS SS SS

Common Errors in CEDARS

Peer Analysis

maintenance on February 1st!
LEP Application in EDS will be down for maintenance on February 1st! LEP – Maintenance on February 1st all day The Limited English Proficiency application and CEDARS will be unavailable all day, Friday, February 1st. CEDARS will be undergoing some changes that will correct bugs reported over the last few months. A separate notice has gone out to CEDARS district administrators. Please be aware, you will be unable to access CEDARS or LEP for the entirety of Feb 1st. LEP will be back to normal on Monday, February 4th. You will also receive a detailed communication on Feb 4th about the bugs that have been resolved in the LEP application with this maintenance. Peer Analysis Report – We know many of you are eagerly awaiting the release of the Peer Analysis Report in LEP. We are working to ensure accuracy of this report and will communicate by on February 7th more information about when that report will be available.

WELPA Annual Test: Who to Test
Students eligible for TBIP, including those whose parents have waived services. Native American students who are eligible for Title III. ELLs at private schools participating in Title III. Additional students required in districts working in partnership with the Office for Civil Rights. Any student eligible for TBIP or Title III who is present during the testing window, regardless of when the student was identified for program, must be tested. This may mean that students not present for group testing must be tested individually. Students who qualify during the testing window must also test. Districts should have a process in place to ensure that all students present during the testing window are assessed.

WELPA Annual Test: Who to Test
Any student eligible for TBIP or Title III who is present during the testing window, regardless of when the student was identified for program, must be tested. Students who qualify during the testing window must also test. This may mean that students not present for group testing must be tested individually. Districts should have a process in place to ensure that all students present during the testing window are assessed. Any student eligible for TBIP or Title III who is present during the testing window, regardless of when the student was identified for program, must be tested. This may mean that students not present for group testing must be tested individually. Students who qualify during the testing window must also test. Districts should have a process in place to ensure that all students present during the testing window are assessed.

WELPA: http://www.k12.wa.us/assessment/EL/default.aspx

WELPA Test Window: Feb. 4 – March 8
Materials arrived in district Jan. 9 – 11 for students and assessment coordinators. Additional Orders: Jan. 15 – Feb. 26 via WAMS, These are SECURE materials, including DFAs, and must be kept in a locked, secure, limited-access area before and after actual test administration. School Assessment Coordinators should have their testing schedules ready, and have communicated with all school staff and the school community to ensure a coordinated, supportive testing environment for students.

WELPA 2013 – PICKUP DATES selected by District Assessment Coordinators
March 8, 2013 (last day of test window) March 14, 2013 (default date if no pickup date was selected) Bridgeport Ocean Beach ALL OTHER DISTRICTS Camas Oroville Columbia (Stev) Pomeroy Eatonville Prosser* Entiat Ridgefield Grandview Winlock Hockinson Zillah Mount Adams *picked both pickup days

Questions from the Field
ACM Inspect testing locations. Any aids or prompts that might potentially assist students with answering any questions on a state assessment must be covered or removed. Q May the rubrics for Writing and/or Speaking be posted for students during testing? A No. The rubrics are for use during scoring, and should not be posted for students’ reference in preparing their responses. Posting the rubrics would be a test violation. May the lists of words used in item directions be displayed for students during testing (Lists of Words to Pre-Teach)? No. The lists contain words to be pre-taught. The lists are not intended as glossaries to be used to answer test items. What about displaying the alphabet for K & 1 students? This year, there are items that ask students to form letters or to identify letter/sound correspondence. Cover or remove the alphabet.

WELPA Contact Information, CTB McGraw-Hill Customer Support Center (800) Shipment, packaging, return and tracking OSPI Assessment Department of Operations (360) WELPA test operations, accommodations for state tests, irregularities, security, scoring alerts, Washington Assessment Management System (WAMS), or to enter updates for district assessment contact information OSPI WELPA, Special Populations Office (360) Test Development OSPI Bilingual Education Office (360) Policy issues, use of the WELPA CEDARS Customer Support (800) Technical Issues with the CEDARS database

Costs for Proctoring the WELPA
TBIP may be used to cover costs for proctoring the WELPA. Staff whose salaries are funded by Title III, such as instructional coaches and trainers, cannot provide WELPA training to staff or administer the WELPA Annual Test during time funded by Title III.

What is ELPA 21? ELPA 21 (English Language Proficiency Assessment for the 21st Century) is the name of a consortium of states recently awarded $6.2 million from the USDOE to develop an assessment system to measure progress in English language proficiency using common ELP standards that correspond to the Common Core State Standards and the Next Generation Science Standards.

Which states belong to ELPA 21?
Thirteen states: Arkansas, California, Florida, Kansas, Iowa, Louisiana, Nebraska, Ohio, Oregon, South Carolina, Tennessee, Washington, and West Virginia. In addition, Arizona, Indiana, and New York are considering joining the consortium. Oregon is the lead state.

What products will the consortium develop?
The consortium will develop a screener (placement test) and summative (annual) test, with emphasis on integrating technology-enhanced test items to optimize test results as well as to be current and innovative. The tests will be operational in

ELPA 21 – products (con’t.)
Other products include: an accommodations manual an administration manual, professional development materials to support teachers and administrators in administering ELPA 21 assessments and in using the assessment results appropriately.

What are the ELP standards that consortium states will implement in common?
Development of ELP standards is on-going in a separately funded effort headed by Understanding Language (Stanford University) and the Comprehensive Center for Standards and Assessments Implementation (WestEd).

ELP Standards Review and Adoption Process in Washington
Reviewers needed with expertise in English language development and math, science or English language arts. Potential reviewers should complete an online form:

Civil Rights Protections for English Language Learners
Calandra Sechrist, Program Supervisor OSPI Equity & Civil Rights Office

What if our district doesn’t receive Title III or TBIP funds?
Are LEP students participating as well as their non-LEP peers? Are they successfully participating in essentially all aspects of the school’s curriculum without the use of simplified English materials? Are LEP students stopping our or being retained-in-grade at rates comparable to those of their non-LEP peers?

School districts must provide services for ELL students, even if the district does not receive Title III or TBIP funds. Once you identify a student as limited English proficient, you must provide that student with a language acquisition program or services. Many of you have ELL programs using a Title III or Transitional Bilingual Instructional Program grant (known as TBIP), which should satisfy these requirements. Even if you not receive funds through Title III or TBIP, however, you are still required to provide these services. Our office monitors – even if you don’t receive ANY Title III or TBIP $$$ - every district is reviewed on a rotation schedule through CPR. Regardless of Title III/TBIP, compliance is a condition of receiving any Federal funds

How did we get here?

FEDERAL LAW STATE LAW Title VI of the Civil Rights Act of 1964
42 U.S.C. §2000d | 34 C.F.R. Part 100 OCR Policy Documents (1970 Memo, 1985 Guidance, 1991 Memo) Lau v. Nichols, 414 U.S. 563 (1974) There are a number of civil rights laws that impact ELL students in public schools. Title VI of the Civil Rights Act of 1964 Enforced by U.S. Department of Ed’s Office for Civil Rights (often referred to as OCR) State law: “Discrimination in Washington public schools on the basis of race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability is prohibited.” RCW 28A This is nothing new – has been required since the 1060s and 1970s. STATE LAW Equal Educational Opportunity Chapter 28A.642 RCW | Chapter WAC Guidelines: Prohibiting Discrimination in Washington Public Schools Washington Law Against Discrimination Chapter RCW | Chapter WAC

“ No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. As part of the Civil Rights Act of 1964, Congress enacted Title VI, prohibiting discrimination on the grounds of race, color, or national origin in programs or activities that receive Federal financial assistance. The foundation of Title III comes from Title VI of the Civil Rights Act of 1964, which states that: ” Title VI of the Civil Rights Act of 1964 42 U.S.C. §2000d

1970 OCR Memo “Where inability to speak and understand the English language excludes national origin minority group children from effective participation in the educational program offered by a school district, the district must take steps to rectify the language deficiency in order to open its instructional program to these students.” 1970 35 Fed. Reg www2.ed.gov/about/offices/list/ocr/docs/lau1970.html

“ [T]here is no equality of treatment merely by providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education. ” In 1974, the U.S. Supreme Court upheld the 1970 memo as a valid interpretation of Title VI in the Lau v. Nichols decision, 414 U.S. 653 (1974). This decision, along with the May 25th memo, continue to provide the legal standard still used today. Decision from 1974 – nothing new! Lau v. Nichols 414 U.S. 563 (1974)

ELL – English Language Learners LEP – Limited English Proficient

How do we know if we need an ELL program?

Does the district have a process to identify potential ELL students?
Every school district must have a process to identify potential ELL students, even if you do not currently have any in your schools. This process includes a home language survey, which is completed by the student or her parent and identifies if the student’s primary language is other than English, and if so, you must test the student on the Washington language proficiency placement test. District must have procedure in place to identify and assess students who are in need to language services to participate meaningfully in the district’s program. Must have an effective way to identify and assess ELL students (formal system for objectively identifying students whose limited proficiency in reading, writing, or understanding English denies them the opportunity to meaningfully participate in regular ed environment) Use of a home language survey Language assessment tests? Information from parents?

How can the district’s program meet Title VI requirements?

Sound Educational Theory Effective Implementation
Program Evaluation and Modification Castañeda v. Pickard 648 F. 2d 989 (5th Cir. 1981) While there is not one particular approach for the instruction of ELL students, federal law has established that ELL programs must comply with these three components: First, the program must be based on sound educational theory. (When looking at this, consider: What is the research that your program is based on?) Is the program likely to be effective in meeting the educational needs of your language minority students? There is considerable debate among educators about the most effective way to meet the educational needs of ELL students. A variety of factors influence the success of any approach, such as individual student characteristics (age, previous education), as well as school characteristics (such as the number and concentration of different language groups) Second, the program must be implemented effectively. (Are you using qualified teachers and staff? Providing adequate resources?) Is the program being carried out in such a way as to ensure that ELL students will effectively participate in the regular educational environment as soon as possible? Districts are expected to carry out their programs effectively, with appropriate staff, and with adequate resources. Is the program adequately supported so that the program has a realistic chance of success? 3. Third, the program must be evaluated and modified as necessary. (This requires you to consider: Are students exiting the program? Graduating? If something is not working, what are you doing to modify the program?) If your district receives Title III or TBIP dollars, your grant application will include these components. If you do not receive Title III or TBIP funds, however, you will need to be sure that you provide each ELL student services that comply with each of these three components.

Sound Educational Theory
A district must use a sound educational approach to address the English language needs of its students. School districts must demonstrate that their approach in addressing the English language needs of their students is based on a sound educational approach. Is the program considered a sound educational program by experts in the field? How is the program designed to meet the needs of the ELL students in the school? How are the program activities expected to meet the educational needs of your ELL students? Is the district operating under an approved state plan? Such as TBIP? No required approach or model Must be considered sound by experts in the field, or is considered a legitimate experimental strategy. Must be designed to teach students English ASAP (not, as OCR puts it, a “dead end track”)- must be recognized as a sound approach by experts in the field & has reasonable chance of success In cases where the number of ELL students is small, the program may be more informal. There is no prescribed method of instruction ELL students. Many factors affect the types of programs that districts may offer, such as the number of students or variety of languages they speak. Must provide services for ALL ELL students. “In providing educational services to ELL students, school districts may use any method or program that has proven successful, or may implement any sound educational program that promises to be successful.”

2. Effective Implementation
Is the program adequately supported so that the program has a realistic chance of success? Must take steps to ensure that your program is serving your ELL students effectively.

Are program staff... Qualified? Trained? Supported? Evaluated?
2. Effective Implementation: Staffing Are program staff... Qualified? Trained? Supported? Evaluated? The appropriateness of staff is determined by whether their training, qualifications, and experience are consistent with the requirements of the program. Are staff trained in the program used? Staffing Need for qualified staff Training / professional development req’d Need ongoing support to ensure that teachers have mastered and are teaching effectively (e.g. coaching, follow-up, time to process info, time to develop lesson plans) Good to have principals trained, as well, so that they can evaluate the program effectively Aides v. Teachers THIS IS REGARDLESS OF TITLE III “A recipient may not in effect relegate LEP students to second-class status by indefinitely allowing teachers without formal qualifications to teach them while requiring teachers of non-LEP students to meet formal qualifications.” “If a recipient uses a method other than bilingual education (such as ESL or structured immersion), the recipient should have ascertained that teachers who use those methods have been adequately trained in them. This training can take the form of in-service training, formal college coursework, or a combination of the two.” “In addition, as with bilingual teachers, a recipient should be able to show that its teachers have mastered the skills necessary to teach effectively in a program for LEP students. In making this determination, the recipient should use validated evaluative instruments – that is, tests that have been shown to accurately measure the skills in question. The recipient should also have the teacher’s classroom performance evaluated by someone familiar with the method being used.”

2. Effective Implementation: Staffing
Students should not get instruction from aides, rather than teachers. Bilingual aides should work under the direct supervision of certificated classroom teachers. “To the extent that the recipient’s chosen educational theory requires native language support, and if the program relies on bilingual aides to provide such support, the recipient should be able to demonstrate that it has determined that its aides have the appropriate level of skill in speaking, reading, and writing both languages. In addition, bilingual aides should be working under the direct supervision of certificated classroom teachers. Students should not be getting instruction from aides rather than teachers.” Policy Update of Schools’ Obligations Toward National Origin Minority Students with Limited English Proficiency (U.S. Department of Education, Office for Civil Rights, 1991) “The use of Spanish speaking aides may be an appropriate interim measure, but such aides cannot...take the place of qualified bilingual teachers.” Castaneda, 648 F.2d at 1013

What if we can’t find qualified teachers?
2. Effective Implementation: Staffing What if we can’t find qualified teachers? “Recipients frequently assert that their teachers are unqualified because qualified teachers are not available. If a recipient has shown that it has unsuccessfully tried to hire unqualified teachers, it must provide adequate training to teachers already on staff to comply with Title VI regulations...” Training must take place ASAP

2. Effective Implementation: Resources
Does the district provide the resources, facilities and instructional materials necessary to effectively implement the program? District must provide adequate resources (are required equipment and instructional materials available?) Adequacy of resources is determined by the timely availability of required equipment and instructional materials. Limited financial resources do not justify failure to provide adequate resources, or failure to effectively carry out an ELL program.

2. Effective Implementation: Exit Criteria
Students should not be exited from the ELL program unless they can read, write, and comprehend English well enough to participate meaningfully in the district’s regular educational programs. District must provide ELL students with services until they are proficient enough in English to participate meaningfully in the regular education program. Exit criteria should include objective standards, such as standardized test scores. Students should continue to receive services until they can read, write, speak, and comprehend English well enough to participate meaningfully in the regular education programs. Schools retain an obligation to provide assistance necessary to remedy academic deficits that may have occurred in other subjects while the student was focusing on learning English.

2. Effective Implementation: Special Education
A school district must take steps to ensure that ELL students are not inappropriately placed in special education because of their limited proficiency in speaking/understanding English. A school district must take steps to ensure that ELL students are not inappropriately placed in special education because of their limited proficiency in speaking and understanding English. Districts should ensure that evaluations accurately reflect a student’s special education needs, rather than lack of English language skills.

3. Program Evaluation & Modification
The district must periodically evaluate the program to ensure that it’s working, and must modify the program when necessary. Regardless of Title III Must periodically evaluate program to ensure that it’s working, and must modify program when necessary. Consider program goals to determine if program is effective. Document review process Include gen ed teachers, paras Review academic results/data Document that you’ve conducted meaningful eval Develop appropriate evaluation standards (program exit criteria) for measuring student progress Assess the success of the program, and modify when needed. Must modify program when it doesn’t meet your expectations. The program must be designed to teach students English and move them into the regular educational program within a reasonable period of time. The district must monitor the effectiveness of their programs to determine what modifications may be needed when the program is not successful after a reasonable trial period, and must implement those modifications. A district’s continued or consistent failure to improve an ineffective alternative program for ELL students may cause the district to be out of compliance with state and federal civil rights laws. Review data. Document evaluation. Are students exiting the program? How are they doing in regular classes? Test scores? Graduation rates?

OCR Planning and Self-Assessment Guide

Consolidated Program Review

Should ELLs have an opportunity to participate in all programs and activities?

ELL students must be given the opportunity to participate in all district programs and activities.
Any such exclusion must be educationally justified by the needs of the particular student or by the nature of the specialized program. Educational justifications should be comparable to those used in excluding a non-ELL peer, such as: The time for the program would unduly hinder his/her participation in an alternative language program The specialized program itself requires proficiency in English language skills for meaningful participation TESTING, ETC In addition, school districts must give ELL students an equal opportunity to participate in all district programs, services, and activities. This includes the district’s Spanish enrichment program. In determining whether a student was provided equal access to a particular program, it is important to consider whether program information was equally disseminated to the parents of ELL students, and whether the program information was translated into a language the parent could understand. If the district finds that parents of ELL students did not receive the same program information, in their language, the district would need to take steps to remedy the situation. This could include placing the student in the program at the parent’s request. 10. Are school districts required to provide ELL students an opportunity to participate in all programs and activities? Yes. School districts must allow ELL students the opportunity to participate in all programs, services, and activities, and may not deny a student from participating solely based on their limited English proficiency. This opportunity for involvement includes honors and advanced courses, Career and Technical Education, Highly Capable Programs, online programs, Advanced Placement, extracurricular activities, and athletic programs. For programs with entrance exams, testing ELL students in English may not demonstrate their ability or skills. Testing in the student’s primary language may be necessary to provide ELL students an equal opportunity to participate. ELL students cannot be categorically excluded from Highly Capable, AP, honors, CTE, or other specialized programs.

Routinely review course and program enrollment, disaggregated by sex, race, ELL, and disability to identify potential disparities. How can you be sure that your ELL students are able to access all of your programs and activities? By collecting the data, reviewing it, and determining why some students may or may not be participating is specific programs. For example  few ELL students in your highly capable program? Are parents of ELL students receiving information about the program? Is it translated? Are teachers of ELL students neglecting to refer ELL students out of an assumption that they can’t participate? It is critical to collect this data and have these discussions to get to the bottom of it. (6) Where a school district finds that a particular class contains a substantially disproportionate number of students who are members of any one of the groups identified in WAC , the district must take such immediate action as is necessary to assure that such disproportion is not the result of discrimination on the basis of sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal in tests and appraisal instruments, career and vocational guidance materials, work/study programs and opportunities, and educational scheduling and/or placement by counselors. WAC If you find a disparities, must take action to ensure that it is not the result of discrimination. How are parents of ELL students informed of all district programs and activities? 2. What should a school district do if a course or program has substantially disproportionate enrollment based on sex, race, and national origin? Schools must be able to demonstrate valid and nondiscriminatory reasons for disproportionate enrollment and ensure that all students are provided nondiscriminatory counseling services. If a disparity is identified, the school district must take action to ensure that the disproportionality is not the result of discrimination. Such actions may include reviewing master schedule conflicts, assignments of students to courses, recruitment efforts, and counseling information provided to students and parents.

If you find that a program has a disparity, let’s say that ELL students are underrepresented in your AP courses, or your Highly Capable program. You must then evaluate WHY. Are parents of ELL students being sent the information about the program? Is the information translated?

Does the district need to provide interpretation and translation services for LEP families?
Next let’s talk about translation and interpretation services – go to page 16 in the guidelines. Schools are responsible for notifying limited English proficient parents of school activities and programs that are called to the attention of other parents. Translation and interpretation services may be required to ensure that parents have meaningful access to these communications. Failing to do so can be a form of national origin discrimination.

Vital communications must be in a language the parent can understand.
Vital communications must be provided in a language that the parent can understand, which often requires the use of interpreters for in-person or over the phone communications, and the use of translated documents. Each school district should develop a process to identify the language needs of its parents, such as on enrollment forms. Districts should also inform staff on how to access translation and interpretation services as needed. 1970 memo: Schools must adequately notify LEP parents of school activities which as called to the attention of other parents. May need to be provide in language other than English. Executive Order 13166

When do documents need to be translated?
So when do your documents need to be translated? First – only vital documents need to be translated. How to you determine when a document is vital? Vital documents contact information that is critical for accessing educational programs or opportunities, or documents that are required by law. This can include program information and applications, discipline notices, consent forms, complaint forms, notices of rights, and letters or notices that require a response. These documents need to be translated when a significant percentage of the population in a school district needs that information in a language other than English to communicate effectively. So if you have a large Spanish-speaking population, for example, you will likely need to translate most of your important documents into Spanish. This includes any complaint forms and important letters to parents. If there is small number of parents in your district with particular language needs, you must still provide the information to parents in a language they can understand, such as an oral translation of a document using an interpreter.

When do we need an interpreter?
When should you provide an interpreter? An interpreter should be provided for important in-person or over-the-phone communications discussing information that a parent needs to make decisions about their child’s education. This can include parent-teacher conferences, special education meetings, and meetings regarding student discipline.

Children should never be asked to interpret for their parents.
Never use children or family members to serve as interpreters for vital communications. So what if a parent asks you where the science fair is? Is that what we are talking about? No – because this is probably not a vital communication, this is the kind of situation where you could ask the student to relay information for their parent. But for important communications – such as discipline meetings, never rely on children to interpret for their parents. While children may be more proficient and comfortable in English than their parents, their interpretation may not be objective or accurate, and it often places an undue burden on students. This can undermine parental authority, and may not provide parents with reliable information to make informed decisions. Children should never be asked to interpret for their parents.

Phone interpretation If an in-person interpreter is not readily available, consider using other methods to communicate information, such as phone interpretation. This allows you to communicate with families over the phone, with an interpreter on conference call. You can also use this to conduct in-person conferences with parents using the interpreter on speaker phone. Other ways: Sample translated docs Check with ESD Coordinate with neighboring districts Phone interpretation

Information about this service is available on our website.

To what extent can ELL students be separated from their non-ELL peers?

Is the degree of segregation in the program necessary to achieve the program’s educational goals?
Be very cautious about segregating ELL students for both academic and nonacademic subjects (e.g. recess, PE, art, music)

What happens if a district is out of compliance?

Consolidated Program Review:
Civil Rights CPR and other compliance reviews The Equity and Civil Rights monitors districts’ ELL programs through the Consolidated Program Review, regardless of whether the district receives Title III or TBIP funds.

Anyone can file a discrimination complaint with the district.
Parents may also file a complaint. Discrimination complaint OCR complaint

Complaint to Superintendent
See WSSDA Sample Policy/Procedure 3210 Complaint to Superintendent Appeal to School Board Appeal to OSPI Typically policy/procedure 3210/3210P

OCR and DOJ can investigate complaints, and/or open a compliance review under Title VI.
U.S. Department of Education Office for Civil Rights (OCR) U.S. Department of Justice, Civil Rights Division

Complainants also have a private right of action in superior court under state law.
And finally, complainants have a private right of action in superior court under state law RCW 28A

Recent cases & compliance reviews
Common issues & what WA can learn Over the past 3 years, OCR has launched 21 proactive, systemic investigations relating to ELL programs and services. Over 200 complaints A school district in which only 3% of the district ELL high school students were performing at grade level in math and English language arts – OCR found that the district failed to provide an effective program for English language development and meaningful access to the core curricular content for ELL students. ELL students were expected to acquire proficiency in English in 6 years. However, 75% of students didn’t meet the goal. After they exited the program, the vast majority of these students didn’t have support classes or a curriculum designed to address their language needs. Rather, they were left to languish in programs taught in English, unable to access core content and therefore failing and repeating courses. Parents didn’t understand how the ELL program worked, and translation/interpretation services were sometimes inaccurate. A school district failed, for more than 5 years, to identify ELL students and led parents to believe that they had to “opt out” of ELL services for their children if they wanted them to enroll in particular schools or programs. While 10,500 students in the district were receiving ELL services, even more students (11,000) had been improperly denied such services. A school district failed to implement an effective process for identifying and meeting the language assistance needs of its LEP parents to ensure they received important info about their children’s education, despite the fact than nearly 60 % of the district’s 11,000 students identified their home language as Arabic. Resolutions: Testing English proficiency in speaking, listening, reading, and writing Providing ELL students with language assistance services to enable them to access their core content classes (math, social studies, science, etc.) Delivering English language development instruction to ELL students Offering compensatory services to students who were improperly denied services and have not made adequate progress as a result Helping students exit from language assistance programs, when appropriate Evaluating the success of the districts’ ELL programs in teaching students English and enabling them to perform academically at grade level Implementing the means to communicate with LEP parents to they can make informed decisions about this child’s education. LOS ANGELES For English Learner students, the District will revamp in almost its entirety, the ELL program. LAUSD will: Develop and implement a new English Learner Master Plan, monitor program implementation carefully, and evaluate its success for EL students and their teachers. The resolution has a special focus on secondary PRP students (those Preparing for Reclassification) who have completed the ELL program but who have not been deemed proficient and heretofore have not had their specific needs addressed. Do meaningful professional development geared specifically at strengthening the delivery of instruction to EL students. Communicate with EL parents in a way that enables them to understand the District's EL program and their children's academic progress. Ensure EL students and their parents access the District's college and career ready curriculum and have the information they need to prepare for success in postsecondary education and careers.

Helpful Resources Memoranda on Schools’ Obligations Toward National Origin Minority Students who are LEP (OCR): www2.ed.gov/about/offices/list/ocr/docs/laumemos.html OSPI Civil Rights Guidelines (OSPI, 2012): Interpretation & Translation Services for Districts (OSPI): Programs for ELLs (OCR): The Provision of an Equal Educational Opportunity to LEP Students (OCR, 2000): www2.ed.gov/print/about/offices/list/ocr/eeolep/index.html

Contact Us. OSPI Equity & Civil Rights (360) 725-6162 equity@k12. wa
Contact Us! OSPI Equity & Civil Rights (360) Common issues & what WA can learn Over the past 3 years, OCR has launched 21 proactive, systemic investigations relating to ELL programs and services. Over 200 complaints A school district in which only 3% of the district ELL high school students were performing at grade level in math and English language arts – OCR found that the district failed to provide an effective program for English language development and meaningful access to the core curricular content for ELL students. ELL students were expected to acquire proficiency in English in 6 years. However, 75% of students didn’t meet the goal. After they exited the program, the vast majority of these students didn’t have support classes or a curriculum designed to address their language needs. Rather, they were left to languish in programs taught in English, unable to access core content and therefore failing and repeating courses. Parents didn’t understand how the ELL program worked, and translation/interpretation services were sometimes inaccurate. A school district failed, for more than 5 years, to identify ELL students and led parents to believe that they had to “opt out” of ELL services for their children if they wanted them to enroll in particular schools or programs. While 10,500 students in the district were receiving ELL services, even more students (11,000) had been improperly denied such services. A school district failed to implement an effective process for identifying and meeting the language assistance needs of its LEP parents to ensure they received important info about their children’s education, despite the fact than nearly 60 % of the district’s 11,000 students identified their home language as Arabic. Resolutions: Testing English proficiency in speaking, listening, reading, and writing Providing ELL students with language assistance services to enable them to access their core content classes (math, social studies, science, etc.) Delivering English language development instruction to ELL students Offering compensatory services to students who were improperly denied services and have not made adequate progress as a result Helping students exit from language assistance programs, when appropriate Evaluating the success of the districts’ ELL programs in teaching students English and enabling them to perform academically at grade level Implementing the means to communicate with LEP parents to they can make informed decisions about this child’s education. LOS ANGELES For English Learner students, the District will revamp in almost its entirety, the ELL program. LAUSD will: Develop and implement a new English Learner Master Plan, monitor program implementation carefully, and evaluate its success for EL students and their teachers. The resolution has a special focus on secondary PRP students (those Preparing for Reclassification) who have completed the ELL program but who have not been deemed proficient and heretofore have not had their specific needs addressed. Do meaningful professional development geared specifically at strengthening the delivery of instruction to EL students. Communicate with EL parents in a way that enables them to understand the District's EL program and their children's academic progress. Ensure EL students and their parents access the District's college and career ready curriculum and have the information they need to prepare for success in postsecondary education and careers.

Updates to Program Guidance

Two home language surveys with different responses?
How often must a home language survey be completed for each student? Once. If a student transfers from another district with a home language survey on file, the home language survey completed in the sending is sufficient and a new Home Language Survey is not required. If more than one home language survey is completed for a student, one of which stating that the student’s primary language is not English, proceed according to the home language survey that states the student’s primary language is not English, unless the student’s parent makes a written correction. We recommend that districts make a copy of the original home language survey for parents. Recognize that student may have lost their first language but not reached proficiency in English.

TBIP Eligibility: Students who are hearing impaired
American Sign Language (ASL) is not considered a language other than English. A student who is deaf or hearing impaired whose home language is a language other than English can be placed in program based on an administrative decision. Is American Sign Language (ASL) considered to be a “language other than English? No. A student cannot be considered an English Language Learner solely because of his or her reliance on ASL for communication due to the student’s or parent’s deafness or hearing impairment. However, this does not mean that individuals with deafness or a hearing impairment who rely on ASL for communication can never be considered English Language Learners. A student whose native or home language is a language other than English or ASL who relies on ASL for communication can be considered ELL. How can a student who is deaf or hearing impaired qualify for TBIP services? If a hearing-impaired student’s primary or home language is a language other than English, the district can make an administrative decision to place the student in program. Documentation of the administrative decision, the home language survey, and a Placement Test score sheet with the lowest possible score should be placed in the student’s cumulative file.

Home-based Education English Language Learners who are home-schooled can be eligible for the Transitional Bilingual Instruction Program. RCW 28A (1) states that each person whose child is receiving home-based instruction under RCW 28A (4) must file annually a signed declaration of intent that he or she is planning to cause his or her child to receive home-based instruction. As long as this declaration of intent and a part-time/ancillary services form have been submitted to the district, part-time students who are enrolled in home-based education programs and meet TBIP eligibility requirements must be offered TBIP services. RCW 28A (2)

Title III Native American: Services
As for all ELLs: Title III should supplement services provided through other state, local, and federal funds. The services should focus on language development and literacy support that will result in the student meeting the state standards and grade-level expectations. This could be extended day or extended year support, supplemental materials, parent engagement, or professional development for teachers.

Title III Native American: Not usually eligible for TBIP
If a Native American student’s primary language is a language other than English, follow the same identification procedures as for any other English Language Learner to determine eligibility for TBIP. If a Native American student primary language is English, the student is not eligible for TBIP and may qualify for Title III. Follow the identification procedures outline in the TBIP Guidelines. TBIP and Title III students must both be reported in CEDARS. Title III eligible Native American students should not be reported in the P223.

Private Schools & Title III: Eligibility
Is eligibility to participate in Title III services determined by student’s residency or the location of the private school? The location of the private school. Identified English Language Learners and teachers whose schools are located within an LEA that receives a grant from the state are eligible to participate in Title III.

Private Schools & Title III: Records
Districts maintain a record of evidence of consultation with the private school. A template consultation form can be downloaded from: Participating private schools must retain records to support student eligibility and services agreed upon.

Record Retention Refer to the School Districts and Educational Service Districts Records Retention Schedule through Washington’s Office of the Secretary of State for current guidance. As of November 2012, program documents in the student’s cumulative folder must be retained for 3 years after a student graduates or withdraws from the district and then can be destroyed. These documents include: Results of tests of school achievement (placement and annual test results) Such other information that will enable staff to counsel with students and plan appropriate activities. (Home Language Survey, parent notification letters; initial placement, continuing in program notification, transition, waiver)

Allowable Activities: Title III Update
Tuition support for teachers working towards ELL and/or Bilingual Ed. endorsements. Specific courses for paraeducators within the general education degree that are related to ELs, as well as the related costs, such as books, that are reasonable and necessary for the purpose of an EL course.

Program Updates

Program Updates Bilingual Education Program Supervisor Position open: Save the date for Parent/Student meetings! Yakima: March 9 North of Seattle: March 23

Planning for next year Save the date for 2013 iGrants Training for TBIP & Title III: March 29, 10 AM to noon. We will offer regional trainings if requested. Professional development must be specific to language acquisition and supplemental materials must be designed for English Language Learners and used specifically with English Language Learners.

Planning for next year The Bilingual Education Office has been working with ESD 105, ESD 171, and ESD 189 to develop training specific to English language acquisition that districts can access on a contractual basis. Contact the ESDs to learn more about how they can meet your district’s needs. ESDs provide services within their regions and can help with follow up and evaluation. Planning state-sponsored professional development for next year: what topics do you think we should cover?

Title III Improvement Plan Status Report
In the spring, districts with Title III Improvement Plans are required to report the status of each action item. There are fields in the Improvement Plan Template to report whether each action item was completed, when it was completed and whether the district has evidence on file. Due April 1, 2013!

Title III Improvement Plan Status Report
Upload the completed status report on iGrants form package 232 Title III LEP Page 5 – Responses, AMAO Questions. In the spring and again with the submission of the Title III grant application, districts with Title III Improvement Plans were required to report the status of each action item. There are fields in the Improvement Plan Template to report whether each action item was completed, when it was completed and whether the district has evidence on file.

During Consolidated Program Review, districts with Title III Improvement Plans are asked for evidence that the district began implementation of the plan within 30 days of being notified that the district failed to meet AMAOs for 2 or more consecutive years. Evidence for this action item could include sign-in sheets, clock hour forms, communication to staff, training agendas, or other.

Budget Revisions Complete the “Revision comments” section explaining the reason for the budget revision. Provide detail about the activities that changed rather than saying “adjusting for actuals”. Do a grant revision if the scope of the activities described in the approved grant application has changed. Make sure that you are implementing your professional development plan in time to impact instruction in this school year. Budget revisions moving funds out of professional development will not be approved unless the district has satisfied TBIP and Title III professional development requirements.

Questions? Contact us: 360-725-6147
Associate Director Program Supervisor Program Assistant Data Analyst/Researcher

Bilingual Education Program Webinar January 25, 2013

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