Atascadero USD | BP 6174 Instruction
Education For English Language Learners
The Board of Trustees intends to provide English language learners with a challenging core curriculum and instruction that develop proficiency in English as rapidly and effectively as possible in order to assist students in becoming productive members of our society.
The District's program shall be based on sound instructional theory and shall be adequately supported so that English language learners can achieve results at the same academic level as their English-proficient peers.
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. The Superintendent or designee shall ensure that schools compile data on programs for English language learners in order to help determine program effectiveness.
(cf. 6190 - Evaluation of the Instructional Program)
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.
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.
An English language learner shall be transferred from a structured English immersion classroom to an English language mainstream classroom 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:
Fluency on English Oral Language Assessment Test
Achievement in reading and writing equal to their English speaking peers
(cf. 6011 - Academic Standards)
(cf. 6162.5 - Student Assessment)
(cf. 6171 - Title I Programs)
Parental Exception Waivers
Upon the request of his/her parent/guardian, a student shall be placed in an English language mainstream classroom. (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 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 - Interdistrict 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 or designee shall send the Board's decision to the parent/guardian within seven working days.
33308.5 CDE guidelines not binding
48985 Notices to parents in language other than English
52164.6 Reclassification criteria
52169 Requirements for establishment of program
52171 Evaluations of student progress
52171.6 Annual report to legislature
52177 Administration of article
CODE OF REGULATIONS, TITLE 5
4320 Determination of funding to support program to overcome the linguistic difficulties of English learners
UNITED STATES CODE, TITLE 20
Valeria G. v. Wilson, C-98-2252-CAL (July, 1998)
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
CDE PROGRAM ADVISORIES
0408.98 Policy for English Language Learners
0125.90 Procedures for requesting guidance from the US Department of Education
0515.89 Limited English Proficient Programs
0812.98 Proposition 227 Advisory
Policy ATASCADERO UNIFIED SCHOOL DISTRICT
adopted: March 7, 2000 Atascadero, California