When needed to provide equal opportunity for academic achievement and prevent any substantive academic deficits, English language learners may receive instruction in the core curriculum through any of the following:
1. Structured English immersion process as permitted
2. Specially designed academic instruction in English
3. The student's primary language (with parental exception waiver)
The district's program shall be based on sound instructional theory and shall be adequately supported through general funds so that English language learners achieve results at the same academic level as their English-proficient peers.
In the structured English immersion program, classroom instruction shall be in English. However, clarification, explanation and support, as needed, may be in a student's primary language.
As students progress in English proficiency, the amount and level of difficulty of instruction in English shall increase proportionately.
An English language learner shall be transferred from a structured English immersion program to an English language mainstream program when the student has acquired a reasonable level of "English proficiency as measured by any of the state-designated assessments approved by the California Department of Education or any locally developed assessments. (Education Code 305; 5 CCR 11301)
A student has acquired a "reasonable level of English proficiency" when he/she has achieved the following:
A level of 3B or above (K-3) and 4 or above (4-8) as determined by the district K-8 LEP Progress Profile, or having met the exit criteria equivalent to Advanced ELD (9-12).
(cf. 6011 - Academic Standards)
(cf. 6162.5 - Student Assessment)
(cf. 6171 - Title I Programs)
Instruction for English language learners shall be designed to promote positive self-concepts and cross cultural understanding.
(cf. 6141.6 - Multicultural Education)
The Board encourages staff to exchange information with other districts and the county office of education about programs, options and strategies for English language learners that succeed under various demographic conditions.
The Superintendent or designee shall maintain procedures which provide for the identification, assessment and placement of English language learners and for their redesignation based on criteria adopted by the Board and specified in administrative regulations.
To ensure that the district is using sound methods that effectively serve the needs of English language learners, the Superintendent or designee shall annually examine program results, including reports of the students' academic achievement and their progress towards proficiency in English.
(cf. 4112.22/4212.22 - Staff Teaching Students of Limited-English Proficiency)
(cf. 6190 - Evaluation of the Instructional Program)
Parental Exception Waivers
Upon the request of his/her parent/guardian, a student shall be placed in. an English language mainstream program. (5 CCR 11301)
Parent/guardian requests for waivers from Education Code 305 shall be granted in accordance with law and administrative regulation.
The principal shall consider all waiver requests made pursuant to Education Code 311(c) for students with special needs and shall submit a rationale of the decision regarding the waiver to the Superintendent. When determining whether or not to recommend the approval of the waiver request, the principal shall assume that the Instruction facts justifying the request attested by the parent/guardian are a true representation of the child's condition. All such waiver requests shall be granted unless: (1) the principal and educational staff determine that the alternative program requested by the parent/guardian would not be better suited for the overall educational development of the student, or (2) the program requested by the parent/guardian is not offered at the school.
When evaluating a waiver request pursuant to Education Code 311(a) for students who already know English and other waiver requests for those students for whom standardized assessment data are not available, other equivalent assessment measures shall be used.
These equivalent measures may include local assessments, local standards and teacher evaluations.
If the waiver requested by the parent/guardian is granted, and less than 20 students at the same school receive a waiver, the student shall be allowed to transfer to another public school in which such a class is offered. (Education Code 310)
Students wishing to transfer shall be subject to the district's intradistrict and interdistrict attendance policies and administrative regulations. Students wishing to transfer to another district shall also be subject to the receiving district's interdistrict attendance policies and administrative regulations.
(cf. 5116.1- Intradistrict Open Enrollment)
(cf. 5117 - lnterdistrict Attendance)
(cf. 5117.1. Interdistrict Attendance Agreements)
(cf. 5117.2 - Alternative Interdistrict Attendance Program)
If the Superintendent or designee denies the waiver request, he/she shall provide a written justification to the parent/guardian describing the reasons for the denial. A parent/guardian may appeal the superintendent's decision in writing to the Board. The Board' may consider the matter at its next regular Board meeting. The Board may decide not to hear the appeal, in which case the Superintendent's decision shall be final. If the Board hears the appeal, the Superintendent shall send the board's decision to the parent/guardian within seven working days.
Legal Reference:
EDUCATION CODE
300-340 English language education for immigrant children
430-446 English Learner and Immigrant Pupil Federal Conformity Act
33308.5 CDE guidelines not binding
44253.5-44253.10 Certification for bilingual-cross-cultural competence
48985 Notices to parents in language other than English
51101 Rights of parents to information
51101.1 Rights for parents of English learners
52015 Components of school improvement plan
52130-52135 Impacted languages act of 1984
52160-52178 Bilingual Bicultural Act
52180-52186 Bilingual teacher training assistance program
54000-54028 Programs for disadvantaged children
60810-60812 Assessment of language development
62001-62005.5 Evaluation and sunsetting of programs
CODE OF REGULATIONS, TITLE 5
4320 Determination of funding to support program to overcome the linguistic difficulties of English learners
11300-11316 English Language Learner Education
11510-11517 California English Language Development Test
UNITED STATES CODE, TITLE 20
1701-1705 Equal Educational Opportunities Act
6312 Local education agency plans
6801-6871 Title III, Language instruction for limited English proficient and immigrant students
COURT DECISIONS
Valeria G. v. Wilson, (9th Circuit) 2002 U.S. App. Lexis 20956
California Teachers Association et al. v. State Board of Education et al., (9th Circuit, 2001) 271 F.3d 1141
McLaughlin v. State Board of Education, (1999) 75 Cal.App.4th 196
Teresa P. et al v. Berkeley Unified School District et al, (1989) 724 F.Supp. 698
Casteneda v. Pickard, (5th Cir. 1981) 648 F.2d 989
ATTORNEY GENERAL OPINIONS
83 Ops.Cal.Atty.Gen. 40 (2000)
Management Resources:
CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS
Guidelines for Reclassification of English Learners, September 2002
Accommodations for the California English Language Development Test, Revised 8/13/01
WEB SITES
CSBA: http://www.csba.org
Policy ALHAMBRA UNIFIED SCHOOL DISTRICT
adopted: September 9, 1997 Alhambra, California
revised: March 16, 1999