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Title III-NCLB Office for Civil Rights Department of Justice Requirements for ELLs

Title III-NCLB Office for Civil Rights Department of Justice Requirements for ELLs. Jonathan Gibson & Kulwadee Axtell Nevada Department of Education .

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Title III-NCLB Office for Civil Rights Department of Justice Requirements for ELLs

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  1. Title III-NCLBOffice for Civil RightsDepartment of Justice Requirements for ELLs Jonathan Gibson & Kulwadee Axtell Nevada Department of Education

  2. 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 DOJ OCR Title III NCLB

  3. Shift from AYPto the Nevada School Performance Framework (NSPF) • School index approach Several indicators, that when combined, demonstrate a whole picture of the school’s success The sum of the parts is greater than the whole

  4. Elementary and Middle Schools— Index Point Weighting —

  5. High School Index Point Weighting

  6. The Office for Civil Rights (OCR) • 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)

  7. The 1970 OCR Memorandum 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.

  8. OCR - Lau v. Nichols case in 1974 "[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."

  9. OCR ELL Program Requirements 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.

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

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

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

  13. DOJEqual Opportunity Services Division (EOS): • 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

  14. DOJ – EOS Intervention AuthorityRegarding ELLs includes: • 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

  15. DOJ – EOS Key Issues: • 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

  16. Title III Compliance does not secure OCR and DOJ Compliance! DOJ OCR Title III NCLB In addition to program compliance, student performance outcomes factor.

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