Legal and Critical Issues in Teaching English Language Learners

1. Legal and Critical Issues in Teaching English Language Learners Dr. Frank Lucido, Professor Associate Dean College of Education Texas A&M University-Corpus Christi CEDER Conference February 15, 2010

3. Legal History 1968-Senator Ralph Yarborough of Texas and six others co-sponsored Senate Bill 428, a bill which eventually became the Bilingual Education Act of 1968. 1970-May 25, 1970 HEW Memorandum -The Department of Health, Education and Welfare (HEW) issued an interpretation of the Title VII regulations that prohibited the denial of access to educational programs because of a student�s limited English proficiency. 1973-ASPIRA vs. Board of Education City of New York-The court decision accepts a consent degree calling for obligatory bilingual education in New York City. Child is not to receive instruction in any substantive course in a language which prevents his or her effective participation. Establishes guidelines for assessment and identification of language minority children.

4. Legal History 1973-Serna vs. Portales Municipal Schools-The court finds an Equal Protection violation in the school district�s failure to adopt an education program which guarantee equal education opportunity to Spanish-speaking children. District had to submit a plan-court rejected the plan, and had the district implement a plan of its based on expert testimony. 1973-Keys vs. Denver-Cannot isolate students in a few schools to implement bilingual education.

5. Legal History 1974-Lau vs. Nichols-Supreme Court rules that students who come to school and do not know English need to be provided a program that will ensure an equal education. This is the landmark decision providing for the equal rights for language minority children. 1974-The Equal Educational Opportunities Act (EEOA) is a federal law of the United States of America. It prohibits discrimination against faculty, staff and students, including racial segregation of students, and requires school districts to take action to overcome barriers to students' equal participation. It is one of a number of laws affecting educational institutions including the Rehabilitation Act (1973), Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA).

6. Legal History 1981-Castaneda vs. Pickard-the United States Court of Appeals for the Fifth Circuit ruled in favor of the Casta�edas, and as a result, the court decision established a three-part assessment for determining how bilingual education programs would be held responsible for meeting the requirements of the Equal Educational Opportunities Act of 1974. The criteria are listed below: The bilingual education program must be �based on sound educational theory.� The program must be �implemented effectively with resources for personnel, instructional materials, and space.� After a trial period, the program must be proven effective in overcoming language barriers/handicaps. 1981-Idaho vs. Migrant Council -Established the legal responsibility of the State Department of Education to monitor implementation of programs for LEP students. 2008-English Language Proficiency Standards for Texas

16. Running as Fast as I can!

20. Levels of Language Acquistion Pre-Production Early Production Speech Emergence Intermediate Fluency Advanced Fluency

24. Bilingual Education Models Transitional Model Maintenance Model Dual Language Model (Two-Way Immersion) (One-Way Immersion)

28. Transitional or Early Exit

30. Maintenance, Developmental, Late Exit Bilingual Education Model

33. 50/50 MODELDual Language

35. 90/10 MODEL Dual Language Model

37. National Literacy Panel For Language Minority Children and Youth (2006)Findings on Language of Instruction In summary, there is no indication that bilingual instruction impedes academic achievement in either the native language or English, whether for language- minority students, students receiving heritage language instruction, or those enrolled in French immersion programs. Where differences were observed, on average they favored the students in a bilingual program. The meta- analytic results clearly suggest a positive effect for bilingual instruction that is moderate in size. (Francis, Lesaux, and August 2006, p. 397)

39. An Overview of the Texas Successful Schools Studyas Conducted by the Texas Education Agency�February 2000 Study was conducted pursuant to a recommendation made in A Report to the 75th Texas Legislature from the Texas Education Agency�December 1996 and as part of the Commissioner�s Educational Research Initiative for 1998-99. The study started in March 1998. Principal Investigator for the study was the Program Evaluation Unit in the Office for the Education of Special Populations at TEA. Texas A&M University~Corpus Christi provided the research support for the study. Purpose of the study was to profile the programs, policies and instructional practices of successful schools for Limited English Proficient students. Seven Schools were Selected from a group of 26 Title I recognized schools in Texas with a high incidence of educationally disadvantaged students, a high incidence of LEP students, zero LEP exemptions on the state assessment (TAAS) and a rating of the �Recognized� or �Exemplary� on the Texas accountability system in May, 1997.

40. Successful Schools Bowie Elementary-Pharr, San Juan, Alamo ISD Campestre Elementary � Socorro ISD Casta�eda Elementary- Brownsville ISD Clover Elementary- Pharr, San Juan, Alamo ISD Kelly Elementary- Hidalgo ISD La Encantada Elementary-San Benito ISD Scott Elementary-Roma ISD

43. Program Characteristics Instructional leadership at both the campus and district levels. Use of L1 and L2 in instruction-equal prestige of both languages. No early exit from bilingual programs. Literacy rich environments in both languages.

44. Program Characteristics (Continued) Balanced literacy approaches. Staff development focused on second language learners. Vertical/horizontal team planning. Thematic unit instruction with TAAS objectives and TEKS imbedded.

45. Program Characteristics(Continued) Extensive parental involvement. �Social capitol� John Coleman-students feel valued and respected. Culture infused throughout the curriculum through fine arts, literature, and social studies. Continuous monitoring and assessment of language and academic growth.

46. Program Characteristics(Continued)  Technology for support/tutoring. After school enrichment programs/tutoring. Certified bilingual teachers and administrators who understand second language acquisition. Grouping for instruction by language levels.

47. Program Characteristics(Continued) Montessori methodology in Early Childhood. Manipulatives and �hands on� teaching in the content areas. Sustained silent reading. Strong ESL methodologies.

48. Successful Schools Accountability2001-2007

50. Seven Successful Bilingual Schools in TexasJohn R. CorreiroRead Perspectives, Fall, 2001, Vol. 8 �The Texas Successful Schools Study is encouraging and provides the framework that can lead to the building of successful programs for Limited English Proficient students everywhere.�

51. Statutory Requirement Newly approved 19 Texas Administrative Code �74.4 Chapter 74. Curriculum Requirements Subchapter A. Required Curriculum �74.4 English Language Proficiency Standards Adopted December, 2007 Texas Education Agency 51 This required curriculum goes into effect in the school year 2008-2009. In the spring of 2006, the Texas Education Agency (TEA) received a visit from the U.S. Department of Education to examine the progress made with regards to the implementation of requirements related to the No Child Left Behind Act of 2001 (NCLB). During that visit, it was found that although the state had English Language Proficiency Standards (ELPS) well in place, there needed to be a more clear connection between the ELPS, the Texas Essential Knowledge and Skills (TEKS), the Texas Assessment of Knowledge and Skills (TAKS), and the Texas English Language Proficiency Assessment System (TELPAS) so that teachers would have a more clear vision as to how they can assist English language learners (ELLs) in their respective curriculum areas to learn and master their subject matter and learn English, be better prepared to participate in statewide assessments, and make adequate yearly progress through implementation of the ELPS. Recommendations were made, and TEA began the process of implementing them, including the provision of this session and others yet to come. (Source: Region 2 training prototype for administrators)This required curriculum goes into effect in the school year 2008-2009. In the spring of 2006, the Texas Education Agency (TEA) received a visit from the U.S. Department of Education to examine the progress made with regards to the implementation of requirements related to the No Child Left Behind Act of 2001 (NCLB). During that visit, it was found that although the state had English Language Proficiency Standards (ELPS) well in place, there needed to be a more clear connection between the ELPS, the Texas Essential Knowledge and Skills (TEKS), the Texas Assessment of Knowledge and Skills (TAKS), and the Texas English Language Proficiency Assessment System (TELPAS) so that teachers would have a more clear vision as to how they can assist English language learners (ELLs) in their respective curriculum areas to learn and master their subject matter and learn English, be better prepared to participate in statewide assessments, and make adequate yearly progress through implementation of the ELPS. Recommendations were made, and TEA began the process of implementing them, including the provision of this session and others yet to come. (Source: Region 2 training prototype for administrators)

52. Chapter 74.4. English Language Proficiency Standards(a) Introduction (1) The English language proficiency standards in this section outline English language proficiency level descriptors and student expectations for English language learners (ELLs). School districts shall implement this section as an integral part of each subject in the required curriculum. The English language proficiency standards are to be published along with the Texas Essential Knowledge and Skills (TEKS) for each subject in the required curriculum. TEA Source: Newly Adopted Required Curriculum, adopted on December 25, 2007. Texas Education Agency 52 The newly approved 19 TAC �74.4, English Language Proficiency Standards, presents the ELPS that outline the instruction school districts must provide to English language learners in order for them to have the full opportunity to learn English and to succeed academically.� The rule also clarifies that the ELPS are to be implemented as an integral part of the instruction in each foundation and enrichment subject of the TEKS.� The approved rule that revised the ESL TEKS and created the ELPS instead was adopted in 19 TAC Chapter 74 this is necessary to comply with No Child Left Behind (NCLB) Title III requirements. STATUTORY AUTHORITY:� Texas Education Code (TEC), ��7.102(c)(4), 28.002, and 29.051. *To learn English *To succeed academically, and *To be implemented in each foundation & enrichment subject (TEKS). The newly approved 19 TAC �74.4, English Language Proficiency Standards, presents the ELPS that outline the instruction school districts must provide to English language learners in order for them to have the full opportunity to learn English and to succeed academically.� The rule also clarifies that the ELPS are to be implemented as an integral part of the instruction in each foundation and enrichment subject of the TEKS.� The approved rule that revised the ESL TEKS and created the ELPS instead was adopted in 19 TAC Chapter 74 this is necessary to comply with No Child Left Behind (NCLB) Title III requirements. STATUTORY AUTHORITY:� Texas Education Code (TEC), ��7.102(c)(4), 28.002, and 29.051. *To learn English *To succeed academically, and *To be implemented in each foundation & enrichment subject (TEKS).

53. E.L.P.S. (2) In order for ELLs to be successful, they must acquire both social and academic language proficiency in English. Social language proficiency in English consists of the English needed for daily social interactions. Academic language proficiency consists of the English needed to think critically, understand and learn new concepts, process complex academic material, and interact and communicate in English academic settings. Texas Education Agency 53 Social and academic language proficiency in English. Social Language-English needed for daily social interactions. Academic Language- English needed to think critically, understand and learn new concepts, process complex academic material and communicate in English academic settings. This last one is the language of each discipline: science, mathematics, social studies, and language arts. Social and academic language proficiency in English. Social Language-English needed for daily social interactions. Academic Language- English needed to think critically, understand and learn new concepts, process complex academic material and communicate in English academic settings. This last one is the language of each discipline: science, mathematics, social studies, and language arts.

54. Social vs. Academic Language Social Language Academic Language Simpler language (shorter Technical vocabulary; written material has sentences, simpler longer sentences and more complex vocabulary and grammar) grammar Usually face-to-face, small Often lecture-style communication number of people, informal or reading a textbook; little situational settings context Precise understanding is Precise understanding and seldom required description/explanation is required; higher-order thinking Usually simpler, familiar topics New and more difficult to understand (movies, friends, daily life) topics, knowledge is often abstract; cognitively complex; student often has less background knowledge to build on Get many clues from expressions, gestures Fewer clues, most clues are language clues social context such as further explanation Many opportunities to clarify (look puzzled, More difficult to clarify ask questions, etc.) Texas Education Agency 54 Please take 10 minutes to compare the two types of language. Take time to share and get some responses from the audience. Please take 10 minutes to compare the two types of language. Take time to share and get some responses from the audience.

55. Language Acquisition Language Development Social and Cultural Processes (Collier, 1995) Texas Education Agency 55 Let�s take a look at what we need to know about our ELL students. The students� language and culture is at the center of all learning. It is what they use to make sense of things. Many times the culture of home does not match the culture of school, so careful handling of teaching school culture must be taken into consideration. (Collier, 1995) It is essential that objectives focused on content, language, and metacognitive skills be identified in the development of effective lessons for ELLs. Content objective: This objective comes from the content area TEKS and should be written in a student-friendly manner. (Get an example of a TEKS objective) Language objective: This objective comes from language skills that facilitate the acquisition of English. This objective involves the reading, writing, listening, speaking, and viewing/representing types of expectations and activities that can help students gain a better understanding and mastery of the content objective. (Give an example) Metacognitive/Study skill objective: This objective defines what process or study skill(s) the students will learn that will help them grasp the newly learned concepts and skills. (Echevarria and Graves, 1998) In Teaching Reading and Writing in the Bilingual Classroom, Freeman and Freeman (1996) found that there are three elements of language acquisition that are relevant to bilingual students and teachers: language development, cognitive development, and academic development. English language proficiency is achieved as students grow linguistically, cognitively, and academically. Social and cultural influences have a strong positive or negative impact on students� language acquisition and academic performance. Teachers� expectations of students should include high cognitive, linguistic, and academic standards in English and Spanish. Let�s take a look at what we need to know about our ELL students. The students� language and culture is at the center of all learning. It is what they use to make sense of things. Many times the culture of home does not match the culture of school, so careful handling of teaching school culture must be taken into consideration. (Collier, 1995) It is essential that objectives focused on content, language, and metacognitive skills be identified in the development of effective lessons for ELLs. Content objective: This objective comes from the content area TEKS and should be written in a student-friendly manner. (Get an example of a TEKS objective) Language objective: This objective comes from language skills that facilitate the acquisition of English. This objective involves the reading, writing, listening, speaking, and viewing/representing types of expectations and activities that can help students gain a better understanding and mastery of the content objective. (Give an example) Metacognitive/Study skill objective: This objective defines what process or study skill(s) the students will learn that will help them grasp the newly learned concepts and skills. (Echevarria and Graves, 1998) In Teaching Reading and Writing in the Bilingual Classroom, Freeman and Freeman (1996) found that there are three elements of language acquisition that are relevant to bilingual students and teachers: language development, cognitive development, and academic development. English language proficiency is achieved as students grow linguistically, cognitively, and academically. Social and cultural influences have a strong positive or negative impact on students� language acquisition and academic performance. Teachers� expectations of students should include high cognitive, linguistic, and academic standards in English and Spanish.

56. E.L.P.S. (3) Classroom instruction that effectively integrates second language acquisition with quality content area instruction ensures that ELLs acquire social and academic language proficiency in English, learn the knowledge and skills in the TEKS, and reach their full academic potential. Texas Education Agency 56 As students develop their second language, they learn cognitive processes, and are academically successful.As students develop their second language, they learn cognitive processes, and are academically successful.

57. E.L.P.S. (b) School district responsibilities. In fulfilling the requirements of this section, school districts shall: (1) identify the student's English language proficiency levels in the domains of listening, speaking, reading, and writing in accordance with the proficiency level descriptors for the beginning, intermediate, advanced, and advanced high levels delineated in subsection (d) of this section; Texas Education Agency 57 How do we identify the student�s English language proficiency level? Through TELPAS� TELPAS listening, speaking, reading, and writing.How do we identify the student�s English language proficiency level? Through TELPAS� TELPAS listening, speaking, reading, and writing.

58. E.L.P.S. (2) provide instruction in the knowledge and skills of the foundation and enrichment curriculum in a manner that is linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with the student's levels of English language proficiency to ensure that the student learns the knowledge and skills in the required curriculum; (3) provide content-based instruction including the cross-curricular second language acquisition essential knowledge and skills in subsection (c) of this section in a manner that is linguistically accommodated to help the student acquire English language proficiency; and Texas Education Agency 58 Communicated, sequenced, and scaffolded at the students� proficiency levels. Using sheltered instruction teachers can make linguistic accommodations. Communicated, sequenced, and scaffolded at the students� proficiency levels. Using sheltered instruction teachers can make linguistic accommodations.

59. E.L.P.S. (4) provide intensive and ongoing foundational second language acquisition instruction to ELLs in Grade 3 or higher who are at the beginning or intermediate level of English language proficiency in listening, speaking, reading, and/or writing as determined by the state's English language proficiency assessment system. These ELLs require focused, targeted, and systematic second language acquisition instruction to provide them with the foundation of English language vocabulary, grammar, syntax, and English mechanics necessary to support content-based instruction and accelerated learning of English. Texas Education Agency 59 Grade 3 is crucial-testing year! Beginning and Intermediate levels at 3rd grade level and beyond must have intensive and ongoing second language acquisition instruction. Instruction must be: Focused Targeted Systematic Grade 3 is crucial-testing year! Beginning and Intermediate levels at 3rd grade level and beyond must have intensive and ongoing second language acquisition instruction. Instruction must be: Focused Targeted Systematic

60. Cross-curricular Essential Knowledge and Skills (c) Cross-curricular second language acquisition essential knowledge and skills. (1) Cross-curricular second language acquisition/learning strategies. The ELL uses language learning strategies to develop an awareness of his or her own learning processes in all content areas. In order for the ELL to meet grade-level learning expectations across the foundation and enrichment curriculum, all instruction delivered in English must be linguistically accommodated (communicated, sequenced, and scaffolded) commensurate with the student's level of English language proficiency. Texas Education Agency 60

61. Cross-curricular Essential Knowledge and Skills The student is expected to: (A) use prior knowledge and experiences to understand meanings in English; (B) monitor oral and written language production and employ self-corrective techniques or other resources; (C) use strategic learning techniques such as concept mapping, drawing, memorizing, comparing, contrasting, and reviewing to acquire basic and grade-level vocabulary; (D) speak using learning strategies such as requesting assistance, employing non-verbal cues, and using synonyms and circumlocution (conveying ideas by defining or describing when exact English words are not known); Texas Education Agency 61 Learning Strategies: Use prior knowledge Monitor oral and written language production, use self-corrective techniques. Concept mapping, comparing, contrasting Requesting assistance, non-verbal cues, synonyms, and circumlocution-arriving at ideas by describing them when exact words in English are unknown. Formal and informal English Reasoning,- inductively or deductively, looking for patterns in language, etc. Learning Strategies: Use prior knowledge Monitor oral and written language production, use self-corrective techniques. Concept mapping, comparing, contrasting Requesting assistance, non-verbal cues, synonyms, and circumlocution-arriving at ideas by describing them when exact words in English are unknown. Formal and informal English Reasoning,- inductively or deductively, looking for patterns in language, etc.

62. Cross-curricular Essential Knowledge and Skills (E) internalize new basic and academic language by using and reusing it in meaningful ways in speaking and writing activities that build concept and language attainment; (F) use accessible language and learn new and essential language in the process; (G) demonstrate an increasing ability to distinguish between formal and informal English and an increasing knowledge of when to use each one commensurate with grade-level learning expectations; and (H) develop and expand repertoire of learning strategies such as reasoning inductively or deductively, looking for patterns in language, and analyzing sayings and expressions commensurate with grade-level learning expectations. Total student expectations 8 Texas Education Agency 62 These learning strategies should be taught as part of the lesson in a daily basis to ensure that students will become skilled to use them appropriately.These learning strategies should be taught as part of the lesson in a daily basis to ensure that students will become skilled to use them appropriately.

63. Cross-curricular Language Domains Cross-curricular second language acquisition/listening. (9 SE) Cross-curricular second language acquisition/speaking. (10 SE) Cross-curricular second language acquisition/reading. (11 SE) Cross-curricular second language acquisition/writing. (7 SE) Texas Education Agency 63 Refer participants to the actual document and go over the student expectations for each language domainRefer participants to the actual document and go over the student expectations for each language domain

65. Resources Ell @tamucc.edu TEA.State.TX.US-Curriculum and Instruction-Bilingual/ESOL Department Texas Two Way dual Language Consortium National Association for Bilingual Education Texas Association for Bilingual Education Sheltered Instruction Observation Protocol TEXTESOL TESOL