1. CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction 2009-10 English Learner Program

2. JACK O’CONNELL State Superintendent of Public Instruction 2 Presentation Objectives Monitoring requirements of the English Learner (EL) Program Information on online resource for free translations of parent notifications

3. JACK O’CONNELL State Superintendent of Public Instruction 3 English Learner Program 1. Established by federal and state laws: Title VI of the Civil Rights Act of 1964 Equal Educational Opportunities Act of 1974 (20 USC 1703[f]) Lau v. Nichols, in 1974 Castañeda v. Pickard, in 1981 No Child Left Behind (NCLB) 2001 California Education Code

4. JACK O’CONNELL State Superintendent of Public Instruction 4 English Learner Program (Continued) 2. Federal and state laws require that Local Educational Agencies (LEA) properly identify and provide appropriate services to English learners.

5. JACK O’CONNELL State Superintendent of Public Instruction 5 English Learner Program (Continued) 3.An English learner is defined as “a child whose native language is not English and who is not currently able to perform ordinary classroom work in English.” Source: California Education Code Section 306

6. JACK O’CONNELL State Superintendent of Public Instruction 6 Desired Outcomes LEAs have the dual obligation to teach English and to provide access to academic content instruction to each English learner within the state and federal legal requirements

7. JACK O’CONNELL State Superintendent of Public Instruction 7 Ongoing Program Self-Evaluation Tool (OPSET) Web site http://www.cde.ca.gov/ta/cr/cc/08opsets.asp

8. JACK O’CONNELL State Superintendent of Public Instruction 8 Note: The numbering of English learner items in this presentation reflects what is currently posted. The numbering system is likely to change during the revision of the English Learner Instrument in the upcoming Categorical Program Monitoring redesign.

9. JACK O’CONNELL State Superintendent of Public Instruction 9 I. Involvement Parents, staff, students, and community members participate in developing, implementing, and evaluating core and categorical programs.

10. JACK O’CONNELL State Superintendent of Public Instruction 10 I. Key Questions 1.What are the goals of English learner parent involvement? 2.What notifications are sent to parents and in which languages? 3.What are the responsibilities and functions of the English Learner Advisory Committee (ELAC) and District English Learner Advisory Committee (DELAC)? 4.How does the LEA involve English learner parents in the education of their children at the school and district level?

11. JACK O’CONNELL State Superintendent of Public Instruction 11 I-EL 1: Parental Involvement The LEA outreach to parents of English learners includes the following actions: 1.The LEA sends notice of and holds regular meetings for the purpose of formulating and responding to the parents’ recommendations.

12. JACK O’CONNELL State Superintendent of Public Instruction 12 I-EL 1 (Continued): 2. The LEA informs the parents of how they can be involved in the education of their children and be active participants in assisting their children to: Attain English proficiency Achieve at high levels in core academic subjects Meet challenging state academic standards expected of all students

13. JACK O’CONNELL State Superintendent of Public Instruction 13 Fifteen Percent Translation Requirement The translation requirements that were previously in this section and related to the English Learner Program are now located in Items II-CP 7 and 7.1 of the Cross Program Instrument.

14. JACK O’CONNELL State Superintendent of Public Instruction 14 I-EL 1 (Continued): An LEA that has failed to make progress on the Annual Measurable Achievement Objectives (AMAO) informs parents/guardians of English learners of such failure no later than 30 days after such failure occurs.

15. JACK O’CONNELL State Superintendent of Public Instruction 15 I-EL 2: English Learner Advisory Committee (ELAC) A school site with 21 or more English learners has a functioning English Learner Advisory Committee (ELAC) that meets the following requirements:

16. JACK O’CONNELL State Superintendent of Public Instruction 16 I-EL 2 (Continued): 1.Parent members are elected by parents or guardians of English learners. 2.Parents of English learners constitute at least the same percentage of the committee membership as their children represent of the student body.

17. JACK O’CONNELL State Superintendent of Public Instruction 17 3. The school may designate an existing school level advisory committee, or subcommittee of such advisory committee to fulfill the legal responsibilities of ELAC, if the advisory body meets the criteria in item 2. 4. The ELAC advises the school site council (SSC) on the development of the Single School Plan for Student Achievement (SPSA). I-EL 2 (Continued):

18. JACK O’CONNELL State Superintendent of Public Instruction 18 5. The ELAC has advised the principal and staff on the school’s program for English learners. 6. The ELAC advises in the development of the school’s: Needs assessment Language Census Efforts to make parents aware of the importance of regular school attendance I-EL 2 (Continued):

19. JACK O’CONNELL State Superintendent of Public Instruction 19 7. The ELAC receives training materials and training, planned in full consultation with committee members, to assist members in carrying out their legal responsibilities. 8. The ELAC has the opportunity to elect at least one member to the DELAC or has participated in a proportionate regional representation scheme when there are 31 or more English learner parent advisory committees in the district. I-EL 2 (Continued):

20. JACK O’CONNELL State Superintendent of Public Instruction 20 If ELAC delegates its responsibilities to another committee: ELAC formed with identified members ELAC trained as to legal responsibilities ELAC elects DELAC representative ELAC votes to delegate to another existing school committee (e.g. SSC) Recipient committee accepts delegation

21. JACK O’CONNELL State Superintendent of Public Instruction 21 If ELAC delegates its responsibilities to another committee (Continued): Recipient site committee (e.g. SSC) trained as to their new legal responsibilities. Site committee documents advice given on each legal responsibility during its meetings.

22. JACK O’CONNELL State Superintendent of Public Instruction 22 I-EL 3: District English Learner Advisory Committee (DELAC) A LEA with 51 or more English learners has a functioning DELAC or a subcommittee of an existing district committee in which at least 51 percent of the members are parents (not employed by the district) of English learners.

23. JACK O’CONNELL State Superintendent of Public Instruction 23 I-EL 3 (Continued): 1. The DELAC advises the school district governing board on all of the following tasks: Development of a district master plan for educational programs and services for English learners that takes into consideration the Single Plan for Student Achievement

24. JACK O’CONNELL State Superintendent of Public Instruction 24 Conducting of a district-wide needs assessment on a school-by-school basis Establishment of district program, goals, and objectives for programs and services for English learners Development of a plan to ensure compliance with any applicable teacher and instructional aide requirements I-EL 3 (Continued):

25. JACK O’CONNELL State Superintendent of Public Instruction 25 Administration of the annual Language Census. Review of and comment on the school district’s reclassification procedures. Review of and comment on the written notifications required to be sent to parents and guardians. I-EL 3 (Continued):

26. JACK O’CONNELL State Superintendent of Public Instruction 26 2. The LEA provides training and materials, planned in full consultation with committee members, appropriate to assist members in carrying out their legal advisory responsibilities. I-EL 3 (Continued):

27. JACK O’CONNELL State Superintendent of Public Instruction 27 II. Governance and Administration Policies, plans, and administration of categorical programs meet statutory requirements.

28. JACK O’CONNELL State Superintendent of Public Instruction 28 II. Key Questions 1.How are English learners assessed when they first enroll and annually? 2.What annual assessments are given to English learner students? 3.How are these assessments used? 4.What are the required notifications and timelines?

29. JACK O’CONNELL State Superintendent of Public Instruction 29 II-EL 4: English Learner Identification The LEA properly identifies, assesses, and reports all students who have a primary language other than English. 4.1 A Home Language Survey (HLS) is used at the time of initial enrollment to determine the student’s primary language.

30. JACK O’CONNELL State Superintendent of Public Instruction 30 II-EL 4 (Continued): 4.2 Within 30 calendar days of initial enrollment each student whose home language is other than English, as determined by the HLS, is assessed for English language proficiency by means of the California English Language Development Test (CELDT). The assessment conducted follows all of the publisher’s instructions.

31. JACK O’CONNELL State Superintendent of Public Instruction 31 4.3 Within 90 calendar days of initial enrollment, each English learner is assessed for primary language proficiency. 4.4 Parents/guardians of English learners are notified of their child’s initial English language and primary language proficiency assessment results. Parents/guardians of initial fluent English proficient students are notified of their child’s English language proficiency assessment results. II-EL 4 (Continued):

32. JACK O’CONNELL State Superintendent of Public Instruction 32 4.5 (For school districts receiving Title III funds) within 30 calendar days after the beginning of the school year (or during the school year, within two weeks of child being placed in program), parents/guardians of English learners are notified of: II-EL 4 (Continued):

33. JACK O’CONNELL State Superintendent of Public Instruction 33 II-EL 4 (Continued): Their child’s initial English language and primary language proficiency level How such level was assessed Their child’s language designation Descriptions of program options Program placement

34. JACK O’CONNELL State Superintendent of Public Instruction 34 Exit criteria For English learners with a disability [with an Individualized Education Program (IEP)], how such program will meet the objectives of the IEP The expected rate of graduation from secondary school if funds under this part are used for children in secondary school II-EL 4 (Continued):

35. JACK O’CONNELL State Superintendent of Public Instruction 35 4.6 For school districts receiving Title III funds, parents/guardians of English learners are informed annually, not later than 30 days after the beginning of the school year, of: II-EL 4 (Continued):

36. JACK O’CONNELL State Superintendent of Public Instruction 36 Their child’s English proficiency level How such level was assessed The status of the child’s academic achievement Their child’s language designation Descriptions of program options II-EL 4 (Continued):

37. JACK O’CONNELL State Superintendent of Public Instruction 37 Exit criteria Program placement For English learners with a disability (on IEPs), how such program will meet objectives of the IEP The expected rate of graduation from secondary school if funds under this part are used for children in secondary school II-EL 4 (Continued):

38. JACK O’CONNELL State Superintendent of Public Instruction 38 Title III Initial and Annual Parent Notification Letter Sample Web site http://www.cde.ca.gov/ta/cr/el/elforms.asp

39. JACK O’CONNELL State Superintendent of Public Instruction 39 4.7 Each English learner is annually assessed for English language development and for academic progress. 4.8 All currently enrolled English learners are assessed for English language proficiency by administering the California English Language Development Test (CELDT) during the annual assessment window. II-EL 4 (Continued):

40. JACK O’CONNELL State Superintendent of Public Instruction 40 4.9 Each English learner with disabilities is assessed for English language development using accommodations, modifications, or alternate assessments for the CELDT if specified in the pupil’s IEP or 504 Plan. II-EL 4 (Continued):

41. JACK O’CONNELL State Superintendent of Public Instruction 41 4.9a Parents/guardians of English learners are notified annually of their child’s English language proficiency assessment results within 30 calendar days following receipt of results of testing from the test contractor. II-EL 4 (Continued):

42. JACK O’CONNELL State Superintendent of Public Instruction 42 III. Funding Allocation and use of funds meet statutory requirements for allowable expenditures.

43. JACK O’CONNELL State Superintendent of Public Instruction 43 III. Key Questions 1.Which funding source provides the resources to implement the LEA’s base program for English learners? 2.Which expenditures can be funded through Economic Impact Aid - Limited English Proficient (EIA-LEP), Title III, and other categorical funds?

44. JACK O’CONNELL State Superintendent of Public Instruction 44 III-EL 5: Funding Adequate general fund resources are used to provide each English learner with learning opportunities in an appropriate program, including English language development, and the rest of the core curriculum. The provision of such services is not contingent on the receipt of state or federal categorical aid funds.

45. JACK O’CONNELL State Superintendent of Public Instruction 45 III-EL 5 (Continued): 5.1Funds provided by Economic Impact Aid (EIA) and Title III for Limited-English- Proficient (LEP) students supplement, but do not supplant, general funds or other categorical resources at the school.

46. JACK O’CONNELL State Superintendent of Public Instruction 46 IV. Standards, Assessment, and Accountability Categorical programs meet state standards, are based on the assessed needs of program participants, and achieve the intended outcomes of the categorical program.

47. JACK O’CONNELL State Superintendent of Public Instruction 47 IV. Key Questions 1.How does the LEA document its procedures and practices for determining whether or not English learners have successfully progressed to a classification of English proficient? 2.What are the monitoring (follow-up) requirements for students who have been reclassified? 3.What documentation for reclassification must the LEA maintain in the student’s permanent record? 4.What interventions are available and provided if needed?

48. JACK O’CONNELL State Superintendent of Public Instruction 48 IV-EL 6: Program Effectiveness The LEA implements a process and criteria to determine the effectiveness of programs for English learner, including: (a) A way to demonstrate that the programs for English learners produce within a reasonable period of time: English language proficiency comparable to that of average native speakers of English in the district Academic results indicating that English learners are achieving and sustaining parity of academic achievement with students who entered the district’s school system already proficient in English

49. JACK O’CONNELL State Superintendent of Public Instruction 49 (b) An ongoing mechanism for using the procedures described above to improve program implementation and to modify the program, as needed, to ensure that each English learner achieves full proficiency in English and academic achievement at grade level. IV-EL 6 (Continued):

50. JACK O’CONNELL State Superintendent of Public Instruction 50 IV-EL 7: Reclassification The LEA reclassifies a pupil from English learner to proficient in English by using a process and criteria that include, but are not limited to: (a) Assessment of English language proficiency (CELDT) (b) Comparison of pupil’s performance in basic skills against an empirically established range of performance such as: California Standards Test for English Language Arts (CST-ELA)

51. JACK O’CONNELL State Superintendent of Public Instruction 51 IV-EL 7 (Continued): (c) Teacher evaluation that includes, but is not limited to, the pupil’s academic performance. “Teacher” refers to the classroom teacher and other certificated staff with direct responsibility for teaching or placement decisions of the pupil. (d) Opportunities for parent opinion and consultation during the reclassification process.

52. JACK O’CONNELL State Superintendent of Public Instruction 52 7.1 The LEA maintains in the pupil’s permanent record documentation of the following: Language and academic performance assessments Participants in the reclassification process Decision regarding reclassification IV-EL 7 (Continued):

53. JACK O’CONNELL State Superintendent of Public Instruction 53 7.2 The LEA monitors for a minimum of two years the progress of pupils reclassified to ensure correct classification, placement, and additional academic support, if needed. IV-EL 7 (Continued):

54. JACK O’CONNELL State Superintendent of Public Instruction 54 V. Staffing and Professional Development Staff members are recruited, trained, assigned, and assisted to ensure the effectiveness of the program.

55. JACK O’CONNELL State Superintendent of Public Instruction 55 V. Key Questions 1.How does the LEA ensure that teachers assigned to provide instruction to English learners are properly authorized? 2.What are the required components of quality professional development?

56. JACK O’CONNELL State Superintendent of Public Instruction 56 V-EL 8: Teacher Authorization Teachers assigned to provide English language development or access to core curriculum instruction for English learners are appropriately authorized or are actively in training for an English learner authorization.

57. JACK O’CONNELL State Superintendent of Public Instruction 57 V-EL 8 (Continued): 8.1 On documentation of a local shortage of qualified teachers to provide such instruction, the district has adopted and is implementing measures by which it plans to remedy the shortage.

58. JACK O’CONNELL State Superintendent of Public Instruction 58 V-EL 9: Professional Development The LEA provides high-quality professional development to classroom teachers, principals, administrators, and other school or community- based personnel that is: a)Designed to improve the instruction and assessment of English learners. b)Designed to enhance the teacher’s ability to understand and use curricula, assessment measures, and instructional strategies for English learners.

59. JACK O’CONNELL State Superintendent of Public Instruction 59 V-EL 9 (Continued): The LEAs Professional Development is: (c) Based on research demonstrating the effectiveness of the professional development in increasing the pupil’s English proficiency or the teacher’s subject matter knowledge, teaching knowledge, and teaching skills. (d) Of sufficient intensity and duration to have a positive and lasting impact on the teacher’s performance in the classroom.

60. JACK O’CONNELL State Superintendent of Public Instruction 60 VI. Opportunity and Equal Educational Access Participants have equitable access to all programs provided by the local educational agency, as required by law.

61. JACK O’CONNELL State Superintendent of Public Instruction 61 VI. Key Questions: 1.How are English learners placed in the different program options? 2.How are parents informed of the educational placement opportunities available to their children? 3.What are the requirements for parental exception waivers?

62. JACK O’CONNELL State Superintendent of Public Instruction 62 VI-EL 10: Placement All pupils are placed in English language classrooms unless a parental exception waiver has been granted for an alternative program. 10.1 Based on LEA criteria of reasonable fluency, English learners are placed in Structured English Immersion (SEI) or in English Language Mainstream (ELM) program settings. English learners who do not meet the LEA criteria for participation in an ELM are placed in an ELM program if the parent or guardian so requests.

63. JACK O’CONNELL State Superintendent of Public Instruction 63 VI-EL 10 (Continued): 10.2The LEA has designed and implemented an SEI English language acquisition process in which the curriculum and instruction are designed for children who are learning the language. Note: The Individualized Education Program (IEP) team determines placement of each special education student, regardless of language proficiency.

64. JACK O’CONNELL State Superintendent of Public Instruction 64 VI-EL 11: Parental Exception Waiver Parents and guardians of English learners are informed of the placement of their children in an English language classroom and are notified of an opportunity to apply for a parental exception waiver for their children to participate in an alternative program.

65. JACK O’CONNELL State Superintendent of Public Instruction 65 VI-EL 11 (Continued): 11.1 LEA procedures for granting parental exception waivers include the following components: 1.Parents and guardians are provided, on enrollment and annually, full written and, on request, spoken descriptions of the structured English immersion program, alternative programs, all educational opportunities available to the pupil, and the educational materials to be used in the different options.

66. JACK O’CONNELL State Superintendent of Public Instruction 66 2.Parents and guardians are informed that a pupil under age 10 must be placed for not less than 30 calendar days in an English language classroom the first year of enrollment in a California school. VI-EL 11 (Continued):

67. JACK O’CONNELL State Superintendent of Public Instruction 67 3.Parents and guardians are informed of any recommendation by the school principal and educational staff for an alternative program and are given notice of their right to refuse the recommendation. VI-EL 11 (Continued):

68. JACK O’CONNELL State Superintendent of Public Instruction 68 Parental exception waivers are acted on within 20 instructional days of submission to the school principal. However, waivers submitted under Education Code, Section 311(c) must be acted on either no later than 10 calendar days after the expiration of the 30-day English language classroom placement or within 20 instructional days of submission of the waiver, whichever is later. VI-EL 11 (Continued):

69. JACK O’CONNELL State Superintendent of Public Instruction 69 11.2 Parental exception waivers are granted unless the school principal and educational staff determine that an alternative program offered at the school would not be better suited for the overall educational development of the pupil. 11.3 If a waiver is denied, parents and guardians are informed in writing by the principal and other educational staff of the reason for denial and advised that they may appeal to the local board of education or to the court. VI-EL 11 (Continued):

70. JACK O’CONNELL State Superintendent of Public Instruction 70 11.4Each school in which 20 or more pupils of a given grade level have been granted a waiver provides such a class. If fewer than 20 waivers are granted, the school provides such a class or allows the pupils to transfer to a public school in which such a class is offered. Note: The Individualized Education Program team determines placement of each special education student regardless of language proficiency. VI-EL 11 (Continued):

71. JACK O’CONNELL State Superintendent of Public Instruction 71 VII. Teaching and Learning Participants receive core and categorical program services that meet their assessed needs.

72. JACK O’CONNELL State Superintendent of Public Instruction 72 VII. Key Questions 1.How does the LEA know that each English learner is acquiring academic English as rapidly and effectively as possible? 2.How does the LEA know that each English learner is achieving grade-level standards within a reasonable time? 3.What is the LEA required to do to prevent irreparable academic deficits for English learners?

73. JACK O’CONNELL State Superintendent of Public Instruction 73 VII-EL 12: English Language Development Each English learner receives a program of instruction in English language development in order to develop proficiency in English as rapidly and effectively as possible.

74. JACK O’CONNELL State Superintendent of Public Instruction 74 VII-EL 13: English Learner Academic Instruction Academic instruction for English learners is designed and implemented to ensure that they meet the district’s content and performance standards for their respective grade levels in a reasonable amount of time. EL 13.1 The district has developed and is implementing a plan for monitoring and overcoming any academic deficits English learners incur while acquiring English. Actions to overcome academic deficits are taken before the deficits become irreparable.

75. JACK O’CONNELL State Superintendent of Public Instruction 75 Program Resources Web site: http://www.cde.ca.gov/ta/cr/el

76. JACK O’CONNELL State Superintendent of Public Instruction 76 Follow-up Technical Assistance http://www.cde.ca.gov/ta/cr/el/ Sonia Petrozello Bilingual/Migrant Education Consultant English Learner Accountability Unit Phone: (916) 319-0950 E-mail: spetrozello@cde.ca.gov