1. Introduction to English learners and Related Federal and State Rules
Division of English Language Learning
September, 2014

2. Federal and State Rules
Agenda
Introduction to English Learners (ELs) in Illinois
Federal Requirements
Program Requirements in IL (State and Federal)
Identification of eligible students
Placement and Programs
Assessment
Staffing and Professional Development
Other
Additional federal Title III Requirements
Federal and State Rules

3. Frequently Used Acronyms
EL: English Learner
ELL: English Language Learner
LEP: Limited English Proficient
ELP: English Language Proficiency
TBE: Transitional Bilingual Education
TPI: Transitional Program of Instruction
HLS: Home Language Survey
ACCESS for ELLs—Annual English language proficiency assessment
MODEL & W-APT—screening instruments for English language proficiency
Federal and State Rules

4. Who is an English Learner?
“Any student in preK, K, or any of grades 1-12, whose home language background is a language other than English and whose proficiency in speaking, reading, writing, or understanding English is not yet sufficient to provide the student with: a) the ability to meet the State's proficient level of achievement on State assessments; b) the ability to successfully achieve in classrooms where the language of instruction is English; or c) the opportunity to participate fully in the school setting.”
Federal and State Rules

5. Stages of Second Language Acquisition
Characteristics
Approx. Time Frame
1. Preproduction
The student
0–6 months
Has minimal comprehension.
Does not verbalize.
Nods "Yes" and "No."
Draws and points.
2. Early Production
6 months–1 year
Has limited comprehension.
Produces one- or two-word responses.
Uses key words and familiar phrases.
Uses present-tense verbs.
3. Speech Emergence
1–3 years
Has good comprehension.
Can produce simple sentences.
Makes grammar and pronunciation errors.
Frequently misunderstands jokes.
4. Intermediate Fluency
3–5 years
Has excellent comprehension.
Makes few grammatical errors.
5. Advanced Fluency
The student has a near-native level of speech.
5–7 years
Federal and State Rules

6. Federal and State Rules
Federal Requirements
Title VI, Civil Rights Act of 1964
Prohibits denial of equal access to education because of language minority students’ limited proficiency in English.
Equal Educational Opportunity Act of 1974
A school district must provide services that will enable limited English proficient students to “overcome barriers that impede equal participation by these students in the district’s instructional programs” (see 20 USC 1703).
Lau v. Nichols (1974): The Lau Remedies
identifying and evaluating national-origin-minority students' English-language skills.
determining appropriate instructional treatments.
deciding when LEP students were ready for mainstream classes.
determining the professional standards to be met by teachers of language-minority children.
Castaneda v. Pickard (1981): The Castaneda Standard
Programs for language-minority students must be:
based on a sound educational theory
implemented effectively with sufficient resources and personnel, and
evaluated to determine whether they are effective in helping students overcome language barriers
Elementary and Secondary Education Act – Title III -  'English Language Acquisition, Language Enhancement, and Academic Achievement Act'
Ensure that LEP and immigrant students attain English proficiency and develop high levels of academic attainment (Sec (1)).
Federal and State Rules

7. Federal and State Rules
State Requirements
Illinois School Code Article 14C – Transitional Bilingual Education
“105 ILCS 5/14C-1 … Therefore, pursuant to the policy of this State to insure equal educational opportunity to every child, and in recognition of the educational needs of children of limited English‑speaking ability, it is the purpose of this Act to provide for the establishment of transitional bilingual education programs in the public schools, to provide supplemental financial assistance to help local school districts meet the extra costs of such programs, and to allow this State to directly or indirectly provide technical assistance and professional development to support transitional bilingual education programs statewide.”
Illinois Administrative Code Title 23 Part 228 – Transitional Bilingual Education
Identification of Eligible Students
Data Collection
Program Options & Placement
Assessment
Personnel Qualifications and Professional Development
Program Evaluation
Federal and State Rules

8. Serving ELLs in Illinois Schools
Home Language Survey for all children new to the district to find out about languages spoken in the home
English proficiency screening for children with language backgrounds other than English to find child’s proficiency in English
Program placement and delivery of services based on screening results to offer language support services
Annual English language proficiency assessment (ACCESS for ELLs®) to determine placement for following year
Federal and State Rules

9. Types of Program Models
TBE:
Transitional Bilingual Education
The school must offer this program when there are 20 or more ELs from the same language background in school (preschool is counted separately)
English as a Second Language (ESL) and instruction in English and in the home language in core academic subjects
TPI
Transitional Program of Instruction
The school may offer this program instead of TBE when there are 19 or fewer ELs from the same language background at school (preschool is counted separately)
District / school locally determined: The program usually offers English as a second language (ESL), and native language support as needed
Federal and State Rules

10. Required Components of a Program (228.30)
Curriculum aligned to standards:
English Language Development Standards
Spanish Language Arts Standards
90% Student-teacher ratio for self-contained classroom
Placement with students of approximately same age and grade; appropriate differentiated instruction for multi-grade classes
Participation with English-speaking peers in subjects in which language is not essential to understanding
Federal and State Rules

11. Parent Advisory Committee
Districts that have a TBE program must have a Bilingual Parent Advisory Committee (BPAC)
Majority of members must be parents of students in the program
Receive training from district
Committee must:
Meet at least 4 times a year
Review annual grant application
Federal and State Rules

12. Questions Division of English Language Learning (312) 814-3850
Federal and State Rules