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Santa Maria-Bonita SD |  AR  6141.4  Instruction

Program For English Learners   

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Definitions

The Governing Board directs that under the law, instruction in the district's English language program shall be "overwhelmingly in English". This means that daily instruction in the core curriculum shall be in English, with teachers and instructional aides able to use a student's primary language to clarify and assist the English instruction or otherwise assist a student, with the goal of promoting rapid acquisition of the English language.

English Learner Program

Programs for English learners include the Sheltered English Immersion program, the Mainstream English program and the Parental Choice Alternative program. All programs are directed towards the rapid acquisition of English language skills and academic achievement in listening, reading, and writing in English. The promotion of positive self-image and cross-cultural understanding is a part of all programs. Placement in a program is based on the results of a state designated oral language assessment or the result of the waiver process.

1. The Sheltered English Immersion Program:

English learners shall be placed in a Sheltered English Immersion Program following the completion of a state designated oral language assessment when the results reveal "less than reasonable fluency." The goal of this program is the rapid acquisition of English language skills in order to attain "reasonable fluency" in English language. Instruction shall be "overwhelmingly in English" with teachers able to use a student's primary language to clarify and assist the English instruction or otherwise assist a student. Students will be annually assessed using a state designated oral language assessment to closely monitor growth towards "reasonable fluency."

2. The Parental Choice Alternative Program:

English learners shall be placed in a Parental Choice Alternative Program following the completion of a state designated oral language assessment when the results reveal "less than reasonable" fluency, the parent/guardian has requested a waiver and the waiver process has resulted in an approval into the program. The goal of this program is the rapid acquisition of English language skills in order to attain "reasonable fluency" in the English language. Instruction shall be "overwhelmingly in English" with teachers able to provide instruction in the student's primary language directed towards the rapid acquisition of English. Students will be annually assessed to closely monitor growth towards "reasonable fluency."

3. The English Mainstream Program:

English learners shall be placed in an English Mainstream Program following the completion of a state designated oral language assessment when the results reveal "reasonable fluency." The goal of this program is the rapid increase in fluency skills with academic achievement in listening, reading and writing in English to redesignate to Fluent English Proficient Status. Instruction shall be in English with Specially Designed Academic Instruction in English (SDAIE) strategies designed to assist the student to progress to fluent English proficiency. Students will be annually assessed using a state designated oral language assessment to closely monitor growth towards fluent English proficiency.

4. Assessment:

In order to comply with state law and initially identify English learners in a timely manner, identification procedures shall be as follows:

a. Any student in grades K-8 indicating a language other than English on a Home Language Survey will be administered a state adopted language assessment approved by the California Department of Education or an alternative assessment that is locally developed by the district and approved by the Board.

b. The district will annually budget funds to complete the necessary screening.

5. Materials:

The English Learner program teacher to which the student is assigned will be given instructional materials in the district adopted base program and will be responsible for the student's instructional program.

6. Personnel:

All personnel employed to support the needs of the English learners will be subject to the personnel procedures related to their employment classifications. Any variation of these procedures must be a result of emergency and will require approval by the Board of Education. The district will advise district personnel of the liabilities that may be incurred by personnel who willfully and repeatedly fail to comply with the laws, district policies, administrative regulations and procedures implementing the Title 5, California Code of Regulations, Division 1, Chapter 11, English Language Learner Education Subchapter 4.

Notification Requirements and Waiver Submittal Process

1. Following individualized assessment utilizing a state approved oral language measure all parents/guardians shall be informed by letter of their child's assessment results, their program placement and a full description of all English learner programs available. Parents/guardians will be annually informed of the need to come to the school site to request a waiver. A full program description and the appeal process will accompany the waiver request.

2. Parents and guardians will be annually informed that a waiver may be requested if the student is determined to have special needs. The waiver request is not required to be acted upon by the school's principal until the latest of the following options:

_ 10 calendar days after the student finishes an initial 30 calendar day period in the Sheltered English Immersion Program

or

_ 20 instructional days have passed after the waiver has been submitted

3. When parents/guardians arrive at a school site and request information regarding the waiver process, they will receive a full written and oral explanation on the English Learner Programs and the academic materials used in each.

4. Parents/guardians will be given a chance to review the waiver request form at the school site.

5. In accordance with Title 5, parents/guardians must be informed that they have the right to refuse a waiver for their child out of the Sheltered English Immersion program, even if such a waiver is recommended by a school official.

6. Waiver forms shall be submitted by parents/guardians only to school site offices or directly to principals or the principal's designee.

7. Immediately after the waiver form is submitted, parents/guardians will be informed of the availability of the Parental Choice Alternative program.

8. Immediately after the waiver form is submitted, parents/guardians will be informed of the appeal process in the event that the waiver is denied. The process includes:

a. An opportunity to review the reasoning for, and appeal the decision of the Superintendent's designee

b. The parents/guardians will be informed of and provided the requirements and procedures to appeal the decision.

Waiver Evaluation Process

1. The submitted waiver request will be reviewed by the principal and educational staff at the school where the student is enrolled. The principal and educational staff will then make a recommendation for approval or denial of the waiver based on the parents/guardians' request, the recommendation of the educational staff, and the criteria established by the Board.

2. The waiver request and the recommendation of the principal and the educational staff will be submitted to the Superintendent's designee, along with a report supporting their recommendation. This recommendation is subject to final approval or denial by the Superintendent's designee. The parents/guardians will be informed by letter of the decision, their right to appeal, and methods and procedures required to appeal the decision.

3. If the waiver is granted, the parents/guardians will be informed by letter:

a. The availability of the alternative program at their child's current school.

b. The transportation arrangements to another school will not be provided by the district, unless otherwise required by law.

c. The waiver granted only applies to the current school year and they will be required to request a waiver on an annual basis.

Waiver Criteria and Guidelines

1. The following criteria and guidelines used to determine whether a waiver request should be granted shall be used to determine if a waiver should be granted under one or more of the following categories provided by law:

a. Under Section 311(a) of the Education Code, the principal and education staff have determined that the student has good language skills as measured by standardized tests of English vocabulary comprehension, reading, and writing, in which he/she scores at or above the state average for his/her grade level or at or above the 5th grade level, whichever is lower.

b. Under Section 311(b) of the Education Code, the principal and educational staff have determined that the student is ten years old or older, and it is the informed belief of the principal and educational staff that an alternative course of study would be better suited to the child's rapid acquisition of English language skills.

c. Under Section 311(c) of the Education Code, the principal and educational staff have determined the student has physical, emotional, psychological, or educational needs which constitute special needs that will be better served by an alternative program.

2. The following criteria or guidelines shall be used by the principal and educational staff and the Superintendent for evaluation of a waiver request:

a. The parents/guardians' level of participation and/or support in their child's education.

b. The child's level of success in the Sheltered English Immersion program.

c. The child's progress toward grade level standards.

d. The child's history with the SST/IEP process.

e. The child's progress towards acquiring English speaking skills.

f. The child's attendance profile.

g. List the interventions that have been used.

h. Years in bilingual program:

Spanish Reading: Transition: FEP:

Notification to Parents/Guardians of Right to Appeal

1. If the waiver has been denied, the parents/guardians shall be informed in writing of the decision. The waiver request shall be acted upon by the school's principal, 10 calendar days after the student finishes an initial 30 calendar day period in the Sheltered English Immersion Program but, not later than 20 instructional days have passed after the waiver has been submitted.

2. The letter informing the parents/guardians that the waiver request was denied shall include the reasons the Superintendent's designee denied the waiver and their right to appeal.

Appeal Procedures

1. Within 30 calendar days of the date of the decision by the Superintendent's designee denying the waiver request, parents/ guardians should respond in writing to the Superintendent's designee stating the reasons for the appeal. In the event that the parent/guardian is unable to respond in writing, assistance will be provided to complete the appeal.

2. Within 10 calendar days of receiving the parents/guardians' appeal, the Superintendent shall respond in writing to the parents/ guardians, regarding the decision on the appeal and their right to appeal to the Board.

3. Within 30 calendar days after receipt of the appeal letter from the Superintendent, the Board shall inform the parents/guardians of its decision in writing to either confirm or reverse the Superintendent's decision. The decision will be reached based on majority vote after:

a. Review of the waiver request, waiver recommendation and accompanying report of the principal and education staff

b. Review of the Superintendent's written denial decision and the appeal letter.

4. If the Board chooses to uphold the Superintendent's decision, the parents/guardians shall be informed in writing of their right to appeal the decision to the California State Board of Education for their review.

Regulation SANTA MARIA-BONITA SCHOOL DISTRICT

approved: September 9, 1998 Santa Maria, California

revised: April 26, 2000