Starting an ESOL Program

1. Starting an ESOL Program Overview, Laws, Requirements, and a Step-by-Step Process to Support You July 2014

2. Agenda • Overview • Legal/Requirements • Step-by-step process involved in setting up an ESOL program • Home Language Survey • Assessing • ESOL program models • Exiting • Monitoring • ESOL Endorsement • Funding • Resources

3. Acronyms/Definitions ELL/LEP = English Language Learner/Limited English Proficient. A student age 3-21 not proficient in spoken and/or written English, as determined by an English language proficiency assessment. CLD = Culturally and Linguistically Diverse. ESL/ESOL = English as a Second Language/English for Speakers of Other Languages . EL=English Learner Immigrant = Any person living in the United States who is originally from another country. For NCLB purposes, an immigrant is defined as a person age 3-21, not born in any State, who has not attended school in any one or more States for more than three full academic years.

4. Acronyms/Definitions Migrant = a student not older than 21, who is (or whose parent/child/spouse is) a migratory agricultural worker/fisher, and has moved within the preceding 36 months in order to obtain qualifying work. Refugee = A person outside of his/her country who is unable or unwilling to return to that country because of a well-founded fear that s/he of persecution because of race, religion, nationality, political opinion, or membership in a particular social group.

5. Background Information on Language Rights • Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin. Limited English proficiency falls under “national origin”.

6. Background Information on Language Rights • In 1970 the Office for Civil Rights (OCR) issued a memorandum decreeing that “Where the inability to speak and understand the English language excludes national origin minority children from effective participation in the educational program offered by a school district, the district must take affirmative steps to rectify the language deficiency in order to open its instructional program to these students.” Schools/districts not providing language support to LEP students are in violation of Title VI , Civil Rights Act of 1964.

7. Supreme Court Rulings • In the 1974 Lau vs. Nichols case, the U.S. Supreme Court stated that “There 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”. • In the 1982 Plyler vs. Doe case, the U.S. Supreme Court ruled that undocumented children and youth have the same right to attend public schools as do U.S. citizens and permanent residents.

8. Requirements Under NCLB English Language Learners will: • Attain English proficiency • Develop high levels of academic attainment in core academic subjects • Meet the same challenging state academic standards as all children are expected to meet

9. Requirements Under NCLB AMAOs • KSDE develops Annual Measurable Achievement Objectives, for which districts are held accountable for meeting, that include: • Annual increases in the number or % of children making progress in learning English • Annual increases in the number or % of children attaining English proficiency by the end of each school year • Meeting AMOs for the ELL subgroup under Title I

10. Requirements Under NCLB All ELLs must be tested for their English proficiency and districts are held accountable for demonstrating “annual growth” in their ELLs’English proficiency levels All ELLs must take all state assessments and their scores DO count – ELL is one of the disaggregated groups for which schools/districts are held accountable Annual Measurable Achievement Objectives (AMAOs) …..next slide

11. KSDE Waiver Assurances Each state develops ESOL Standards that are aligned to the state’s English Language Arts Standards and linked to the state’s Math and Science Standards ESOL Standards adopted in December 2013 align to our Kansas College and Career Readiness Standards. ESOL Standards can be found at: http://www.ksde.org/Default.aspx?tabid=459 The ESOL Standards must be aligned to the English Language Proficiency Assessment (2016 ELPA21)

12. Requirements Under NCLB and ESEA Flexibility Waiver AMAOs

13. Requirements Under NCLB AMAOs • If a district does notmake progress toward meeting the AMAOs for two consecutive years, that district must submit an improvement plan to KSDE • If a district fails to meet the AMAOs for four consecutive years, KSDE must require that district to: • modify its curriculum, program, and method of instruction, or • determine whether to continue to fund that district with Title III • replace relevant educational personnel

14. Setting up and ESOL Program • Home Language Survey • Assessing English proficiency • Providing ESOL services • Exiting students from ESOL • Monitoring for two years

15. Home Language Survey The survey should be part of the enrollment process at the beginning of the school year, or at the enrollment of a new student during the year. ALL students new to a district should fill out a Home Language Survey. If a language other than English is indicated, an English language proficiency assessment is given.

16. Assessing English Proficiency Approved English language proficiency assessments: • IPT www.ballard-tighe.com • LAS-Links www.ctb.com • LPTS www.metritech.com • KELPA-P www.cete.us (password needed) Soon to be moved to the KSDE website. If a student scores less than fluent/proficient in any of the domains on the English language proficiency assessment, s/he is eligible for ESOL services. If the student scores fluent/proficient on all domains on the English language proficiency assessment, s/he is not eligible for ESOL services (s/he is not an ELL).

17. Assessing English proficiency Notify parents within 30 days of the start of the school year, or within two weeks of enrolling mid-year. Include: • Reason child was identified • Child’s proficiency level and how assessed • Method of instruction and options • How the ESOL program will meet the educational needs of the child • How the ESOL program will help the child learn English and meet academic achievement standards • Exit requirements, rate of transition • How the ESOL program meets the IEP • Right of parents to 1) not enroll child in ESOL, 2) remove child from ESOL, or 3) choose another ESOL program if available Notification must be in a language parents can understand. Sample Home Language Surveys are found here. If the proficiency assessment determines that the student is not fluent/proficient in English, parents must be notified and language support (ESOL services) must be provided. Types of language support services: Push-in Bilingual Dual language Sheltered instruction Modified instruction ESOL class period Paraprofessional support Pull-out

18. Providing ESOL Services Push-in:An ESOL teacher comes into the regular classroom to give language assistance to the English Learner. Bilingual:Only if all ELs speak the same first language. Instruction in the academic areas are provided in the EL’s native language with the gradual introduction of English throughout the year. Dual Language:Both native English- and native Spanish- speaking students are in the same class and some of the instruction is in Spanish and some in English. All students become both bilingual and bi-literate. Sheltered Instruction:The class is comprised solely of ELLs and the academic subject matter is provided through “sheltered” or adapted instruction to teach both English and the academic content material. Modified Instruction:A regular ed teacher with an ESOL endorsement “modifies” instruction so that the academic content is comprehensible to the EL. In these cases, the class is comprised of both ELs and non-ELs – additional language support may or may not be given.

19. Providing ESOL Services ESOL Class Period:The EL is enrolled in a class period in their day with an ESOL endorsed teacher. During this time the focus is English language acquisition. This usually takes place at the middle school and high school levels. Paraprofessional Support: The EL receives instructional support in the regular classroom or in a pull-out setting. Instructional support in the Native language is given if the paraprofessional has language proficiency in the students’ Native language. Instruction is planned by an ESOL endorsed teacher and the paraprofessional works in close proximity to the ESOL endorsed teacher. Pull-out:The ESOL teacher pulls the EL out of the regular classroom to focus on English language acquisition. It is suggested that this time not be during core English Language Arts or core Mathematics instruction time. This takes place in districts in which there area limited number of ESOL teachers many schools across the district and usually in the elementary setting.

20. Providing ESOL Services District decision based on resources available (materials, funding, staff), number of ELs, grade levels of ELs, languages of ELLs, etc. Minutes of instruction (this must be calculated for State ESOL funding purposes, sample calculator found here) Individual Learning Plan (ILP) (ILP template found here, under Kansas Program Guidelines and Regulations) Must have an ESOL endorsed teacher Para supervision Fed requirements – make curriculum accessible All ELs are assessed with ELPA in the spring

21. Exiting students from ESOL • Students are exited from ESOL services when their KELPA indicates category 4 in all domains (listening, speaking, reading and writing) and the composite, for two consecutive years.

22. Monitoring ELs • After an EL scores fluent (category 4) in all domains and the composite on the KELPA for two consecutive years, s/he is exited from ESOL services and is monitored for two additional years.

23. ESOL Endorsement • The ESOL endorsement is an attachment to a Kansas teaching license • Can be endorsed for grades Pre-K – 12 • Two ways to become ESOL endorsed: • ESOL endorsement courses plus PRAXIS • PRAXIS only

24. ESOL Endorsement Courses • Program Guidance for adding ESOL endorsement can be found here.. • Emporia State University • Fort Hays State University • Kansas State University • McPherson College • MidAmerica Nazarene University • Newman University • Ottawa University • Pittsburg State University • University of Kansas • Wichita State University • http://www.ksde.org/Default.aspx?tabid=353

25. Funding State (Bilingual) Federal (Title III) Supplements local, State, and other Federal money AMAO requirements for the district $10,000 minimum awarded to a single district or consortium (district must have at least 10 ELs to participate) Based on number of ELs Private schools are served too • Weighted formula • Have an endorsed teacher and minutes calculated by September 20 count date

26. Funding – Title IIIConsortium Requirements • Districts not generating the $10,000 minimum can apply for funding with other districts as a consortium • One fiscal agent, no maximum number of districts • Districts must sign an MOUand return it to KSDE • Each district must meet AMAOs individually • All districts must meet all requirements of Title III

27. Resources • ESL Listserv – Professional development opportunities (conferences, workshops, webinars, best practice, etc.) • http://www.ksde.org/Agency/DivisionofLearningServices/EarlyChildhoodSpecialEducationandTitleServices/TitleServices/TitleIIIStateESOL.aspx ESOL webpage • Sample documents • Link to ESOL Standards, KELPA • Criteria for ESOL funding and services • ESOL endorsement procedures • Guidance/law • Resources re: other related topics • www.cete.us CETE (currently for KELPA reports) • Fiscal Auditing (Bilingual Contact Time Calculator) • http://community.ksde.org/Default.aspx?tabid=2491 Kansas Individual Data on Students (KIDS)

28. Questions Michele Hayes ESOL/Bilingual and Title III Consultant Kansas State Department of Education 900 SW Jackson, Suite 620 Topeka, KS 66612 785-296-4906 mhayes@ksde.org