Introduction to Rules and Regulations Related to English Learners

Division of English Language Learning

Program Directors Meeting

September, 2014

Overview

• Program Requirements in IL (State and Federal)

– Identification of eligible students

– Assessment

– Placement and Programs

– Staffing and Professional Development

– Parent Engagement

– Student Records

– Other

State Requirements • IL School Code Article 14 C:

• Title 23 of the Illinois Administrative Code

State Requirements

• Title 23 of the Illinois Administrative Code:

– Part 228: Transitional Bilingual Education

– Rules from other sections, for example:

• Part 1.88 Additional Requirements for districts serving ELs under Title III of NCLB

• Part 1 and Part 25 Educator Licensure

• Part 226 Special Education

• Part 235 Early Childhood Block Grant

State Requirements

• The requirements of Article 14C of the School Code and Part 228 apply to every school district in Illinois, regardless of whether the district chooses to seek funding.

How does the school know who is an EL?

Home Language Survey (HLS) administered in English and in the home language to all students entering the district for the first

time:

1. Is a language other than English spoken in your home?

2. Does your child speak a language other than English?

Yes

District must screen the student’s English language proficiency within 30 days. (K students re-screened regardless of their

screening results in preK)

No

Exceptions for ELP Screening (228.15)

• If MODEL, W-APT, or ACCESS results within the last 12 months available

• If student was previously screened with MODEL or W-APT and was English proficient; or met state exit requirements on ACCESS

• If the student, in a previous district: – Has not been identified as an EL and was enrolled in the

general program of instruction; AND

– Met/exceeded state standards in reading & math on the most recent state assessment or a nationally normed assessment if Illinois assessment not available

Screening Instrument/Procedures

• District determined procedure that meets specifications in 228.10

• Pre-IPT recommended Preschool

• MODEL™ (Measure of Developing English Language)

Kindergarten-1st semester of 1st

grade

• W-APT™ (WIDA ACCESS Placement Test) 2nd semester 1st grade-12th grade

Determining ELP using screeners Screener

Domains Cut score

L S R W

MODEL K (1st semester)

Oral composite 5.0

MODEL K (2nd semester)-1st grade (1st semester)

Overall Composite 5.0 Literacy (R+W) 4.2

W-APT 1st grade (2nd semester)-12th grade

Overall Composite 5.0 Literacy (R+W) 4.2

Listening

Speaking

Reading

Writing

Oral: Listening/Speaking Literacy : Reading and Writing Comprehension: Reading and Listening Overall: Listening, Speaking, Reading, Writing

1.0 Entering

2.0 Beginning

3.0 Developing

4.0 Expanding

5.0 Bridging

6.0 Reaching WIDA

English Language Proficiency Levels

Activity: Do these students have to be screened for English proficiency?

• Axel: incoming K student, “yes” for both questions on HLS, was screened in preK and was English proficient

– Yes

• Daniel: incoming 1st grader, has severe developmental speech delays and an IEP from K, HLS says that another language is spoken at home

– Yes

• Beata: 2nd grader, transferred from another district, HLS says “no” to both questions, but SIS lists “LEP status” as “yes”

– Yes. But if student took ACCESS the previous school year, those scores should be used and the screener is not necessary

• Olivia: incoming 1st grader, HLS says “yes” to one of the questions, was in general ed in previous district and has good grades

– Yes. But if student took ACCESS the previous school year, those scores should be used and the screener is not necessary

Activity: Do these students have to be screened for English proficiency?

• Kazimierz: 4th grader, just immigrated to the U.S. for the first time with his family, HLS says “no” to both questions

– No. But district should ensure that the family understood the HLS questions.

• Pooja: incoming 9th grader, HLS says “yes” to both questions, went to private elementary school, never took ACCESS, but scored in the 99th percentile on Explore

– No. Student was never identified previously, was in gen ed, and met/exceeded standards on a nationally normed test.

• Jasmine: incoming 9th grader, HLS says “yes” to both questions, met exit criteria in 6th grade, but did not “meet” on ISAT this past Spring

– No.

• Faisal: incoming 4th grader, HLS says “yes,” took ACCESS in 2nd grade and didn’t meet the exit criteria, but was out of the country in 3rd grade during the ACCESS window and wasn’t tested

– Yes, since last ELP scores are more than a year old

Notification of Placement Notice of enrollment sent to parents within 30 days after beginning of school year (14 days after enrollment during the school year) • In English and home language

• Examples available on the DELL website (include both “parent letter” and “Program Description”)

http://www.isbe.net/bilingual/TPETPILetters/parent_notification.htm

• Parents have a right to withdraw student from program or choose different EL services if offered by the district (Students still have to take the annual ELP assessment)

Duration of the Program • Students should remain in the program until they reach English

Language Proficiency

• State rules require at least three years of service

– PreK and K do not count when calculating total years in the program

– Districts may not exit students who achieve English Language Proficiency prior to three years without parental permission (letter in the file)

– Students may continue in the program beyond three years until they reach proficiency with parental permission (letter in the file)

– Section 228.27: district has to create a plan for how they will comply with federal requirements for serving ELs if a district decides to not provide TBE/TPI services to ELs who have not reached proficiency within three years

Annual Assessment: ACCESS for ELLs®

• All ELs, including those not in the TBE/TPI program, must be annually assessed until they demonstrate English language proficiency on the annual assessment

• ACCESS for ELLs® information available at:

http://www.wida.us/assessment/ACCESS/

Will the student always remain an “EL”?

• In Illinois, students are “English Language Proficient” if on the annual ACCESS assessment they receive at least:

– Overall 5.0 and

– 4.2 Reading, and

– 4.2 Writing

English Language Proficient

• Parents receive ACCESS results

• “Exit” letter – If the student received fewer than 3 years of

TBE/TPI services (not counting preK and K), the parents might give a written permission to “exit”

• Monitoring student progress for two years after the “exit”

Types of Program Models TBE:

Transitional Bilingual Education

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 can 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 at least English as a second language (ESL),

and native language support as needed

TPI

TPI

•English as a Second Language (ESL)

•Native language support •Instruction in English can be delivered using “Sheltered Instruction” methods

TBE: Program Models

Full-time TBE

•English as a Second Language (ESL)

•Instruction in both English and native language for core academic subjects at school

•Instruction in English can be delivered using “Sheltered Instruction” methods

Part-time TBE

•English as a Second Language (ESL)

•Native language support

•Instruction in English can be delivered using “Sheltered Instruction” methods

Criteria Part-time TBE (part 1):

• Specific scores on ACCESS (English proficiency assessment):

• In kindergarten: at least 4.0 Oral composite score

• In the older grades: at least 3.5 literacy composite score

English Proficiency

Levels

• A native language proficiency test documents that the student has minimal or no proficiency in the home language

• Parents confirm that English is the primary language spoken at home

Native Language

Proficiency

• Grades, teacher recommendations, and State and local assessment results in the previous school year indicate that the student has performed at or above grade level in one or more core subject areas (i.e., reading, English language arts, mathematics, physical sciences, social sciences) that were taught exclusively in English

Academic Performance in Subjects Taught

in English

• Any student in a departamentalized setting whose student grades, teacher recommendations and State or local assessment results in the previous school year indicate that the student has performed at or above grade level in at least two core subject areas that were taught in a U.S. school in the student’s native language or via sheltered instruction in English.

Academic Performance

Criteria Part-time TBE (part 2):

• Any student with a disability whose Individual Education Plan (IEP) developed in accordance to state rules identifies part-time TBE as the least restrictive environment for the student

Students with

Disabilities

• The limited use of native language instruction is permissible for a student whose native language has no written component or one for which written instructional materials are not available. Oral native language instruction or support should be provided based on the student’s needs.

Limited Native

Language Instruction

• The parents wrote a letter to the school by waiving placing their child in "Full-time TBE" and expressing a preference for "Part-time TBE"

Parental Preferences

See an example of a Part-Time TBE Placement Rationale form:

http://www.isbe.net/bilingual/htmls/forms-and-notifications.htm

TBE and TPI Programs

Required components vs. “minutes”

The only issue about “time” is related to grant allocation: state funding based on the number of ELs who receive at least moderate or high level of service: • One level of funding for 5 or more periods per week • Higher funding for 10 or more periods per week *a period is equal to however a district defines “a period” (e.g. if distinct periods used, or a block schedule where each block consists

of 2 or 3 periods) or at least 30 minutes if not defined by district

Special Education (Part 226) • A qualified bilingual specialist participates on the

Individual Education Plan (IEP) teams of ELs (226.210, 226.800)

• Determining the primary language of the child’s home, general cultural identification, and mode of communication (226.140)

• Evaluation to be nondiscriminatory with respect to language, culture, race, and gender (226.150)

• IEP shall include a statement as to the languages or modes of communication in which special education and related services will be provided, if other than or in addition to English (226.230)

• Considerations for Parents’ Participation and notifications (226.530, 226.500, 226.625)

TBE/TPI Program Staffing

TBE/TPI Program Director

• Administrative certificate or supervisory endorsement on a teaching certificate

• July 2014: updated requirements: – Fewer than 200 ELs: at least 8 hours of PD related to

ELs

– More than 200 ELs: ESL/bilingual endorsement, or ENL endorsement (as appropriate), or 18 semester hours of coursework as described in 23 IL Adm Code 1.783

TBE/TPI Program Staffing

• Bilingual teachers and ESL teachers must meet licensure requirements for the grade and subject taught as well as for bilingual/ESL endorsement as applicable

• Preschool teachers providing language support services to ELs need to hold an ESL/bilingual endorsement (as appropriate)

Can an individual teach ESL?

An individual is a…

Teacher with a PEL for the appropriate grade

level

And has an ESL endorsement or an ENL

endorsement (High School) for the

appropriate grade level span

Can teach ESL within the grade span of the

endorsement.

And has a bilingual endorsement for the

appropriate grade level span on the PEL

Can teach ESL in any of grades K-6, within the

span of their endorsement

Teacher with an ELS in Bilingual education

Can teach ESL in any of grades K-6

Can an individual provide native language instruction?

An individual is a…

Teacher with a PEL for the appropriate grade

level and any necessary content area

endorsements

Teacher has an ENL endorsement (High

school) with an appropriate language

designation

YES

Teacher has a bilingual endorsement for the

target language for the appropriate grade level

span on their PEL; or teacher has an ELS in

Bilingual education for the target language

YES

Teacher has an ELS in Bilingual education*

YES

* Can only be HQ if they are in an approved teacher education program, have passed the state content exam and must be receiving high quality professional development and mentoring. They will be HQ for a three year period, but must meet all certification requirements then.

TBE/TPI Staff PD

• Training for new staff

• Twice a year for program staff, addressing: research, assessment, instruction, etc. as found in 228.35

• Spanish language arts training once a year for programs that teach Spanish language arts

• Training required for individuals who administer the screening and annual assessment for English language proficiency

Parent Advisory Committee

• Districts that have a TBE program have to have a Bilingual parent Advisory Committee (BPAC)

– Majority of members must be parents of students in the program

– Meet at least 4 times a year

– Review annual grant application

– Receive training from district

Records • Report cards

– In home language and English unless parents sign a waver – Include progress in TBE/TPI and general program of

instruction – Indicate when student completed requirements for

transition, unless reported separately in writing

• Student Records – HLS, EL program entry/exit information (notification letters),

date of initial assessment and date of ELP assessed levels, scores of annual ELP assessments, documentation of conferences and written communication to parents of ELs, report card waver, rationale for placement in part-time TBE if applicable.

Questions

Division of English Language Learning

(312) 814-3850

dell@isbe.net