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El Dorado Union HSD |  BP  4112.22  Personnel

Staff Teaching English Language Learners   

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AUTHORIZATION

The Governing Board recognizes that the recruitment, development, and retention of a sufficient number of qualified instructors are essential to the success of English Language Learners (EL) within the district. As stated by the California Legislature in Education Code 44253.1:

"Limited English proficient students have the same right to a quality education as all California students. For these students to have access to quality education, their special needs must be met by teachers who have essential skills and knowledge related to English language development, specially designed content instruction delivered in English, and content instruction delivered in the students' primary languages. It is the intent of the Legislature that the Commission on Teacher Credentialing implement an assessment system to certify those teachers who have the essential skills and knowledge necessary to meet the needs of California's limited English proficient students."

The California Commission on Teacher Credentialing (CTC) and the California Department of Education (CDE) further clarified this requirement when they issued a joint correspondence following the settlement of Williams, et al., v. State of California, et al., explaining that:

There is no numerical trigger and no percentage of students needing particular English Learner services that determine a misassignment. If one or more of the students in the class needs English Learner services or requires instruction in a subject area, the teacher providing the English Learner services must hold an appropriate English Learner credential or authorization.

The Board, consistent with its legal requirements, shall employ competent and qualified teachers to provide services to English Learners and shall further ensure that all teaching personnel possess the appropriate authorization.

DEFINITIONS

English learner means a student who does not speak English or whose native language is not English and who is not currently able to perform ordinary classroom work in English. (Education Code 306)

Instruction for English language development (ELD) means instruction designed specifically for English learners to develop their listening, speaking, reading, and writing skills in English. (Education Code 44253.2)

Specially designed academic instruction in English (SDAIE) means instruction in a subject area, delivered in English, which is specially designed to meet the needs of English learners. (Education Code 44253.2)

Primary language instruction includes both primary language development designed to develop English learners' listening, speaking, reading, and writing skills in their primary language and content instruction delivered in the primary language in any subject area. (Education Code 44253.2)

(cf. 6174 - Education for English Language Learners)

TEACHER QUALIFICATIONS

The Superintendent or designee shall ensure that any teacher with one or more English learners in his/her class possesses an English learner authorization issued by the Commission on Teacher Credentialing (CTC) authorizing ELD and/or SDAIE, as appropriate. A teacher possessing a bilingual authorization may be assigned to provide ELD, SDAIE, and/or primary language instruction.

(cf. 1312.4 - Williams Uniform Complaint Procedures)

(cf. 4112.2 - Certification)

(cf. 4112.21 - Interns)

(cf. 4112.24 - Teacher Qualifications Under the No Child Left Behind Act)

(cf. 4113 - Assignment)

(cf. 4222 - Teacher Aides/Paraprofessionals)

A teacher with a designated subjects teaching credential or a service credential with a special class authorization may enroll in a CTC-approved staff development program and, upon successful completion, may apply to the CTC for a Certificate of Completion of Staff Development authorizing instruction in SDAIE. (Education Code 44253.11)

(cf. 4131 - Staff Development)

CONDITION OF EMPLOYMENT

To achieve compliance with legal requirements and to ensure the district is providing proper instruction to English Language Learners, effective March 1, 2016, all teachers are expected to possess a credential, authorization, or other document issued by the California Commission on Teacher Credentialing that authorizes instruction to English Language Learners. Any teacher who does not possess a credential, authorization or other document issued by the California Commission on Teacher Credentialing that authorizes instruction to English Language Learners by the end of the 2015-16 school year shall not be eligible for reemployment in the 2016-17 school year.

The district will continue to aid existing teachers in their efforts to obtain the necessary authorization or credential to provide instruction to English Language Learners.

Legal Reference:

EDUCATION CODE

306 Definition, English learner

44253.1-44253.11 Certification for bilingual-cross-cultural competence

44258.9 County superintendent review of teacher assignments

44259.5 Standards for teachers of all students, including English language learners

44380-44386 Alternative certification

44856 Employment of teachers from foreign countries

52160-52178 Bilingual-Bicultural Act of 1976

52180-52186 Bilingual teacher training assistance program

62001-62005. 5 Evaluation and sunsetting of programs

99230-99242 Mathematics and Reading Professional Development Program

CODE OF REGULATIONS, TITLE 5

6100-6125 Teacher qualifications, No Child Left Behind Act

80015 Requirements for the CLAD certification or English learner authorization

80015.1-80015.4 Requirements for CLAD, English learner authorization or bilingual authorization

80021 Short-Term Staff Permit

80021.1 Provisional Internship Program

80024.7-80024.8 Emergency CLAD and bilingual permits

UNITED STATES CODE, TITLE 20

6319 Highly qualified teachers

6601-6651 Training and recruiting high-quality teachers

6801-7014 Language instruction for English learners and immigrant students

7801 Definitions, highly qualified teacher

CODE OF FEDERAL REGULATIONS, TITLE 34

200.55-200.57 Highly qualified teachers

COURT DECISIONS

Teresa P. et al v. Berkeley Unified School District et al (1989) 724 F.Supp. 698

Management Resources:

CTC PUBLICATIONS

CL-622 Serving English Learners

CL-626B Bilingual Authorizations, November 2010

CL-626C Crosscultural, Language and Academic Development (CLAD) Certificate, November 2010

WEB SITES

CSBA: http://www.csba.org

California Association for Bilingual Education: http://www.bilingualeducation.org

California Department of Education, English Learners: http://www.cde.ca.gov/sp/el

California Teachers of English to Speakers of Other Languages: http://www.catesol.org

U.S. Department of Education: http://www.ed.gov

Policy EL DORADO UNION HIGH SCHOOL DISTRICT

approved: March 24, 2015 Placerville, California