Federal Requirements for Serving ELs for all LEAs

Kirsi Laine, BME SpecialistGina M. Sanchez- Program Support Specialist

Bilingual Multicultural Education Bureau

Guiding Principles of Language Development

• Read and choose a guiding principle sentence strip on the table that resonates with you.

• Stand up, mingle around the room and share your reflection on the guiding principle with

2-3 other participants.

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The Cornerstone of WIDA’s Standards

What are federal requirements around ELs?

Federal Requirements for Serving ELs

Federal Law through Title VI of the 1964 Civil Rights Act requires that all ELs have equal access to a high-quality education and the opportunity to achieve their full academic potential.

EL Tool Kit• The next slides are based on the EL Tool

Kit that has been provided by the Office of English Language Acquisition (OELA) at the U.S. Department of Education.

Identifying All ELs• Office of Civil Rights (OCR) and Department of

Justice (DOJ) approved home language survey questions:

• 1. What is the primary language used in the home, regardless of the language spoken by the student?

• 2. What is the language most often spoken by the student?

• 3. What is the language that the student first acquired.

(EL Tool Kit Chapter 1)

Identifying All ELs (cont’d)• If a parent or guardian responded to one

or more of these three questions with a language other than English, the student will be assessed with the WIDA ACCESS Placement Test (W-APT).

ELL Review-STARS• New Data Point from

Student Snapshot ELL Query

• Compares ELL count from previous year’s count to 40th Day.

• Compares 40th Day to 80th Day etc.

What is the ELL Review For?• Figures form 40th Day STARS submission

are used to calculate At-Risk Index.• Figures from 80th Day and 120th Day

submissions are averaged for EL count for calculating Title III planning and final awards.

EL Codes• Students who are classified as ELs must be coded

appropriately in STARS.• Students who have a composite score of 5.0 or higher in

the ACCESS 2.0 must be exited from Current ELL classification.

• STARS English proficiency codes valid values:• 0 = Student was never ELL• 1 = Current ELL Student • 2 = Exited Year 1 • 3 = Exited Year 2 • 4 = Exited Year 3+

Providing ELs with Language Assistance Programs

LEAs must provide:• ELs with appropriate language assistance

services and programs until ELs are proficient in English and can participate meaningfully in educational programs without EL support.

• Special education services to ELs who have been identified as children with disabilities under IDEA.

• Services to ELs who qualify under Section 504(EL Tool Kit Chapter 2)

EL Services and ProgramsMust Be:• Educationally sound in theory and effective in practice.• Designed to enable ELs to attain both English proficiency

and parity of participation in the standard instructional program within a reasonable length of time.

– What criteria is used to evaluate the program?– Is there a process for modifying or replacing the EL program if

data shows that students are not making expected progress or meeting the above goals within a reasonable length of time.

(El Tool Kit Chapter 2 page 1-2)

Language Services and Program Standards

Established in Castañeda v. Pickard:• 1. Is the program based on an educational

theory recognized as sound by experts in the field?

• 2. Are program and practices , including resources and personnel, reasonably calculated to implement this theory effectively?

• 3. Does the program succeed in producing results?

(EL Tool Kit Chapter 2 page 2)

Staffing

• Are all teachers of ELs trained in how to support ELs in order to meet the language and content needs of EL students?

• Are educational assistants adequately trained to support ELs, and are they working under the direct supervision of a qualified teacher?

• Are administrators, who evaluate staff who serve ELs, adequately trained?

Monitoring Program and Supports

Does your district have a process to monitor if:• Teachers of ELs have and use the skills

needed to implement the EL program?• Teachers of ELs use various methods and

supports to meet the needs of ELs?• The methods and supports used are

effective?

Resources• Materials at the

English proficiency level and grade level of ELs

• Materials that offer challenging academic content aligned with the grade-level standards.

Table Discussion• What PD does your

district offer to teachers of ELs?

• How do you monitor the effectiveness of the PD?

Professional DevelopmentThe 5 core Principles• Build on the current foundation of skill,

knowledge, and expertise.• Engage participants as learners.• Provide practice, feedback, and follow-up.• Measure changes in teacher knowledge

and skills.• Measure changes in student performance.• (EL Tool Kit Chapter 3 page 4-5)

The 5 core Principles of PD Activity

• Write down on two sticky-notes:• (+) One principle that your district is doing

well.• (Δ) One principle that your district could

improve.• Post the notes on the chart paper on the wall.

ELs with Disabilities• Disability evaluations may not be delayed because

a student’s English language proficiency level.• However, a student's’ English language proficiency

cannot be the basis for determining that the student has a disability.

• EL students with disabilities must be provided with both the language assistance and special education services they are entitled to under federal law.

(from the EL Tool Kit Chapter 6)

Please Note!• Is the reason for the

disability evaluation based in the student’s suspected disability and need for such services and not on the student’s English language proficiency?

Please Note (2)!• Does the evaluation use appropriate

methods to measure the student’s abilities and not the student’s English language proficiency?

Please Note (3)!• Are evaluators trained

to conduct the evaluation and interpret the results, including knowing how to differentiate between language needs and a disability?

Ensuring Meaningful Communication

• Obligation to communicate meaningfully with EL parents and to notify EL parents adequately about any program, service, or activity called to the attention of non-EL parents.

• Process to identify EL parents and provide them with free and effective language assistance, such as translated materials or an appropriate and competent interpreter.

(EL Tool Kit Chapter 10, page 1)

Ensuring Meaningful Communication – Title III of ESEA

Sec. 3302 Parent notification• ‘‘(c) RECEIPT OF INFORMATION.—The

information required to be provided under subsections (a) and (b) to a parent shall be provided in an understandable and uniform format and, to the extent practicable, in a language that the parent can understand.”

Every Student Succeeds ActESSA

• Signed into law by the President December 10, 2015

• Transition to full implementation over this and next school year.

• More guidance to come!

Annual Measurable Achievement Objectives (AMAOs)

• The USDE will not require that districts be held accountable specifically for performance against AMAOs 1, 2, and 3 under Title III of the ESEA for 2014-2015 and 2015-2016 school years.

• Districts with Title III AMAO designations retain their current designations.

• Districts execute current Title III AMAO Improvement Plans.

Title III Local Plan and Application

• Due May 16, 2016• Change for SY 2016-2017:• What does the LEA do to meet Lau v.

Nichols (OCR) requirements?• Language Instructional Program Models –

page will ask a description of the program/model that is used in each school (instead of choosing a program model).

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Private School ParticipationSection 9501(c)

LEAs are required to consult with privates schools in a timely and meaningful way in accordance with Section 9501(c) of the ESEA.• Why?

– ELs are a federally protected class– Districts must be willing to support ELs at private schools

within their zone, if private schools agree with district offer of support

• What is timely and meaningful consultation?– Enough notice before meetings are held– Enough time for private schools to make well-informed

decision – Clear communication about what district is willing to

provide to private schools to support ELs equitably

Title III Local Plan Amendments

• New Form • Please email form to

gina.sanchez@state.nm.us or kirsi.laine @state.nm.us

• Please make sure you have an approval before expending funds!

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Supplement, not Supplant – Guiding Questions

Questions to Ask When Considering Whether Title III Funds Can be Used Without Violating

the Supplement, not Supplant Requirement 1.What is the instructional program/service

provided to all students? 2. What does the LEA do to meet Lau vs. Nichols

requirements? 3. What services is the LEA required by other

Federal, State, and local laws or regulations to provide?

4. Was the program/service previously provided with State, local, and Federal funds?

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The Title III Allowable Activities• Please determine whether the activities on

the next two slides are allowable under Title III without violating the Supplement, not Supplant requirements.

• Please consider each bullet point carefully using the Guiding Questions in the previous slide and discuss with colleagues at your table.

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Try This Out..Allowable under Title III?

• 1. Paying for headsets (with microphones) for ACCESS 2.0 testing.

• 2. Procuring ACCESS data analysis training for school sites.

• 3. Paying for Spanish novels for the bilingual classroom.

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Try This Out..Allowable under Title III?

• 4. Paying for headphones for ELs.• 5. Paying for Spanish science books for a

bilingual science class.• 6. Procuring PD in differentiation

strategies for all high school teachers since most serve ELs in their classes.

Title IIIFiscal Requirements

Gina Marie Sanchez Program Support Specialist

Bilingual Multicultural Education Bureau

Budget Adjustment Request (BAR) Justification Form

• BAR Justification form is to be used for budget increases only – Not for transfers

Submitting a BAR

BAR Increase

In OBMS, please attach: • Carryover/Award

Letters• BAR Justification

BAR Transfer

• Email Title III Local Plan Amendment Form

• Must be approved by BMEB

• Attach approved Amendment Form to BAR Transfer in OBMS

RfR Stages

From the District/State Charter Level

RfR Created PreparerRfR Pending Submit to Business Manager

RfR Ready to Submit BM Approves BM Submits RfR Submitted to PED

RfR StagesPED Level

Program Manager may request additional information and supporting documentation

PM Approves or Disapproves (Partial approvals)Fund Analyst Approves or Disapproves Fund Supervisor Approves or Disapproves

Paid by DFA

RfR Top 5 Needs

1. Backup documentation must be attached!2. Title III Allowable costs ONLY!

It is better to ask for permission, then to have the RfR denied.

3. Expenses must included in approved Title III local plan and application.

It is better to provide more information than less.4. Claim periods on RfR must match claim period

on expenditure report!5. Partial approvals require Journal Entries

RfR – Sad Receipt Wuah wuah wuah wuaaaaaah

• Multiple people listed on meal receipt

• No business name• No breakdown of items• No date• No price of item• No total amount of bill• No method of payment• Tip not listed on receipt

RfR – Happy Receipt

Questions?