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Presented By: Alphie Paternostro, Supervisor, Linden Maria Romero, Supervisor, Carteret David Nash, Esq., Director of Legal Education, FEA.

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Presentation on theme: "Presented By: Alphie Paternostro, Supervisor, Linden Maria Romero, Supervisor, Carteret David Nash, Esq., Director of Legal Education, FEA."— Presentation transcript:

1 Presented By: Alphie Paternostro, Supervisor, Linden Maria Romero, Supervisor, Carteret David Nash, Esq., Director of Legal Education, FEA

2  Identification and Registration of ELL Students  Parental Rights  Program Requirements, Triggers and Waivers  Accountability  Addressing Students with Multiple Needs  Student Exiting, Reentry, Movement in and Out of District

3  U.S. and New Jersey Constitutions  Title III  State and Federal Anti-Discrimination Laws ◦ (e.g., NJ Law Against Discrimination, Title VI)  New Jersey Statute and Code ◦ N.J.S.A. 18A:35-15 to 26 ◦ N.J.A.C. 6A:15  State and Federal Case Law

4  Lau v. Nichols – involved Title VI, Chinese students in San Francisco schools  Plyler v. Doe – Involved questions on citizenship  B.A. and J.H. v. Board of Ed. of Somerville (2009) ◦ New Jersey case on student who graduated in another country, right to education in NJ  OCR settlement – Los Angeles School Dist. ◦ Involved disparate impact, lesser percentage of ELL and African American students in advanced classes, lesser access to best teachers

5  First proactive civil rights enforcement action taken by Obama Administration  Addressed disparities in educational opportunities for English Language Learners and African-American students  Critical of underenrollment of ELL students in challenging courses, lack of access to effective teachers  Requires district to develop, implement, monitor plan to strengthen delivery of instruction and increase participation in challenging courses

6  Sends powerful signal that USDOE is not sitting back, waiting for complaints  Indicates OCR not focused solely on purposeful, overt discrimination  Forces ALL school districts to ask difficult questions about current participation of ELL students in all aspects of district’s educational program  Should focus districts on developing plans to improve high end outcomes, NOT just focus on meeting minimum state standards

7  What is your district’s current level of participation of ELL students in challenging courses (AP, honors, G & T, college prep)?  What about current involvement in extra- curricular activities, clubs, etc.?  What steps can you take to improve these levels?

8  Screening Process - Home Language Survey ◦ Must include date of initial entry to U.S.  Use of multiple criteria for determining initial eligibility for services  Identification of Eligible Preschool Students for accountability purposes (linked to student count for Title III funds)  N.J.A.C. 6A:15 – 1.3

9  Cannot request information on citizenship - Plyler v. Doe  Cannot request social security number, income tax returns  Cannot demand any single form of proof of residency, must consider any evidence provided  Addressing Students from Other States  Addressing Students from Other Countries  See N.J.A.C. 6A:22

10  Often times process is largely unregulated in local districts  May depend on the whims of the secretary in main office  May indicate inadvertent support for discriminatory practices if left unchecked  Cannot decide student is ineligible simply because student has a diploma from another case. Need case by case analysis – See Somerville case  However, we must honor high school diploma for student from another state in U.S.

11  Must establish bilingual education program when enrollment of LEP student reaches 20 or more in district  ESL program – 10 or more ELL students in district  English Language Services – Between 1 and 9 ELL students enrolled in district

12  See N.J.A.C. 6A:  May request waiver from requirement for bilingual education program.  Must demonstrate would be impractical due to: ◦ Age range ◦ Grade span ◦ Geographic location

13  Districts have legal obligation to address special education needs of ELL students  Critical to determine if academic difficulties are related to language proficiency, lack of literacy in native language and/or learning disability

14  Right to refuse student participation in bilingual program  Right to remove student from bilingual program ◦ Need county approval to remove midyear  Right to parental involvement in development and review of program ◦ Mandatory parent advisory committee  Right to notifications in native language

15  Initial identification as eligible for enrollment ◦ Must include notice of right to decline ◦ Must be in writing in native language and in English  Notices provided to all other parents regarding their child’s academic progress and rights regarding student safety and discipline  Notice that student should exit program based on appropriate exit criteria

16  Purpose is to help ensure that LEP students attain English proficiency, develop high levels of academic achievement and meet same academic standards as all students are expected to meet  Establishes standards (WIDA), assessments (ACCESS) and accountability requirements (AMAO)  Provides federal funds targeted to ◦ Increasing English language proficiency ◦ Providing professional development

17  Student enrolls in PreK in district  Primary language spoken in home is not English  For purposes of accountability under Title III (Annual Measurable Achievement Objectives) does the student’s time in preK count?  Answer – It Depends  If district is receiving Title III funds for student, then time counts for AMAO

18  See N.J.A.C. 6A:15-1.3(c)  Criteria for Exiting ◦ Results of English language proficiency test ◦ Assessing the level of reading in English ◦ Reviewing previous academic performance of students ◦ Standardized test results in English ◦ Input of teaching staff members

19  Teen Dating Violence Act  New Jersey Anti-Bullying Bill of Rights ◦ Protected characteristics include national origin, ancestry ◦ Catch all other distinguishing characteristics would include English language proficiency


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