Title III-NCLBOffice for Civil Rights

Department of Justice

Requirements for ELLs

Jonathan Gibson &

Kulwadee Axtell

Nevada Department of Education

OBJECTIVE: Understand the relationship between Title III-NCLB, Office for Civil Rights and the Department of Justice as it relates to English Language Learner Programs

DOJOCR Title III

NCLB

Shift from AYP to the Nevada School Performance Framework (NSPF)

School index approachSeveral indicators, that when combined, demonstrate a whole picture of the school’s success

The sum of the parts is greater than the whole

Proficiency +

Growth + Gap Reduction +

Other Indicators =

School Measurement

3

Elementary and Middle Schools— Index Point Weighting —

Proficiency30%

Student Growth Percentiles40%

Other Indicator(s)10%

Subpopulation Growth Gap Reduc-

tion20%

4

High School Index Point Weighting

Growth and Pro-ficiency

30%

Subpopulation Pro-ficiency Gaps

10%Graduation

15%Subpopulation Graduation Gaps

15%

College & Career Readiness

16%

Other Indicator14%

5

Title VI of the Civil Rights Act of 1964 The 1970 OCR Memorandum Lau v. Nichols case (1974) “Title VI Language Minority Compliance

Procedures” (1985) "Policy Update on Schools' Obligations

Toward National Origin Minority Students with Limited-English Proficiency (1991)

The Office for Civil Rights (OCR)

Title VI is violated for ELL students if: they are excluded from effective

participation in school; they are placed inappropriately into Special

Education classes; their ELL program is not designed to teach

them English as soon as possible; or their parents do not receive school notices in

a language they can understand.

The 1970 OCR Memorandum

"[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."

OCR - Lau v. Nichols case in 1974

All Schools, School Districts, and States must: identify students who need language assistance; develop a program that has a reasonable

chance for success; ensure that necessary staff, curricular materials,

and facilities are in place and used properly; develop appropriate evaluation standards,

including program exit criteria, for measuring the progress of students; and

assess the success of the program and modify it where needed.

This applies whether Title III funding is received or not.

OCR ELL Program Requirements

ELP Standards ELP Assessment Annual Measurable Achievement Objectives

(AMAOs) Data Local Plans (OCR Program requirements) Immigrant Children and youth Private School (If Applicable) Allocations, Reallocations, and Carryover Supplement, Not Supplant

Title III ELL Program Requirements Title III Pre-Visit, Federal Monitor, Document List:

The EEOA affirms that no state shall deny educational opportunity based on race, color, sex, or national origin by engaging in deliberate segregation by an educational agency……or failing to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs. 

Department Of Justice (DOJ) Equal Educational Opportunities Act (EEOA):

Appropriate action means a genuine and good faith effort, consistent with local circumstances and resources, to remedy the language deficiencies of an LEA’s students.

DOJ – EOS “…failure to take appropriate action…”

Enforce existing court orders and agreements Investigate allegations of discrimination Initiate compliance reviews: with or without

a complaint Negotiate new settlement agreements Collaborate with:

OCR SEAs LEAs Local and National Advocacy Organizations

DOJ Equal Opportunity Services Division (EOS):

Title XI – Civil Rights Title IX - Discrimination EEOA – Participation in instructional

programs Lau v. Nichols – Meaningful education Castañeda v. Pickard –

Program Efficacy, Fidelity and Improvement OCR – Guidance NCLB – Title III Regulations

DOJ – EOS Intervention AuthorityRegarding ELLs includes:

Progress in both English and Content Students do not incur irreparable academic

deficits while learning English Exited students perform as well as non-ELL peers Dropout/retention rate similar to non-ELL peers Justifiable, limited segregation Participation in all aspects of curriculum without

the use of simplified English Qualified Staff-appropriate program supports Access to AP, Honours, SpEd and other programs

DOJ – EOS Key Issues:

Title III Compliance does not secure OCR and DOJ Compliance!

DOJOCR Title III

NCLB

In addition to program compliance, student performance outcomes factor.