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Vista USD |  AR  6174  Instruction

Education For English Language Learners   

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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, also known as a limited English proficient or LEP child. (Education Code 306)

English language classroom means a classroom in which the language of instruction used by the teaching personnel is overwhelmingly the English language, and in which such teaching personnel possess a good knowledge of the English language. (Education Code 306)

English language mainstream classroom means a classroom in which the students either are native English language speakers or already have acquired reasonable fluency in English. (Education Code 306)

Sheltered English immersion or structured English immersion means an English language acquisition process in which nearly all classroom instruction is in English but with the curriculum and presentation designed for students who are learning the language. (Education Code 306)

Bilingual education/native language instruction means a language acquisition process for students in which much or all instruction, textbooks, and teaching materials are in the student's native language. (Education Code 306)

Identification and Assessment

Upon enrollment, each student's primary language shall be determined through use of a home language survey. (5 CCR 11307)

Within 30 calendar days of their initial enrollment, students who are identified as having a primary language other than English, as determined by the home language survey, and for whom there is no record of results from an English language development test shall be assessed using the California English Language Development Test (CELDT). (5 CCR 11511)

All students shall have sufficient time to complete the CELDT as provided in the directions for test administration. (5 CCR 11516)

Any student with a disability shall take the CELDT with those accommodations for testing that the student has regularly used during instruction and classroom assessment as delineated in the student's individualized education program (IEP) or Section 504 plan that are appropriate and necessary to address the student's individual needs. (5 CCR 11516.5)

The district shall notify parents/guardians of their child's results on the CELDT within 30 calendar days. (5 CCR 11511.5)

Within 90 days of initial enrollment, students identified as having limited English proficiency shall be further assessed for primary language proficiency in comprehension, speaking, reading and writing. The Superintendent or designee shall develop criteria for determining student needs on the basis of these assessments. (former Education Code 52164.1, 62002)

Before students are enrolled in a program for English language learners, parents/guardians shall receive information about the program and their opportunities for parental involvement. This information shall include the fact that an individual student's participation in the program is voluntary on the part of the parent/guardian. (Education Code 52173)

Not later than 30 calendar days after the beginning of the school year, each parent/guardian of a student participating in, or identified for participation in, a language instruction program supported by federal Title III funds shall receive notification of the assessment of his/her child's English proficiency. The notice shall include all of the following: (Education Code 440; 20 USC 6312)

1. The reason for the student's classification as English language learner.

2. The level of English proficiency.

3. A description of the program for English language development instruction, including a description of all of the following:

a. The manner in which the program will meet the educational strengths and needs of the student.

b. The manner in which the program will help the student develop his/her English proficiency and meet age-appropriate academic standards.

c. The specific exit requirements for the program, the expected rate of transition from the program into classrooms not tailored for English language learner students, and the expected rate of graduation from secondary school if Title I funds are used for students in secondary schools.

d. Where the student has been identified for special education, the manner in which the program meets the requirements of the student's IEP.

4. Information regarding a parent/guardian's option to decline to allow the student to become enrolled in the program or to choose to allow the student to become enrolled in an alternative program.

5. Information designed to assist a parent/guardian in selecting among available programs, if more than one program is offered.

Parent/guardians also shall be notified of the results of any reassessments. (Education Code 52164.3)

Parental Exception Waivers

At the beginning of each school year, parents/guardians shall be informed of the placement of their children in a structured English immersion program and shall be notified of an opportunity to apply for a parental exception waiver. (Education Code 310; 5 CCR 11309)

A parent/guardian may request that the district waive the requirements of Education Code 305, pertaining to the placement of a student in a structured English immersion program if one of the following circumstances exists:

1. Students who already know English: The student already possesses good English language skills, as measured by standardized tests of English vocabulary comprehension, reading and writing, in which the student scores at or above the state average for his/her grade level or at or above the fifth-grade average, whichever is lower. (Education Code 311(a))

2. Older students: The student is age 10 years or older, and it is the informed belief of the school principal and educational staff that an alternate course of study would be better suited to the student's rapid acquisition of basic English skills. (Education Code 311(b))

3. Students with special needs: The student already has been placed, for a period of not less than 30 calendar days during that school year, in an English language classroom and it is subsequently the informed belief of the school principal and educational staff that the student has special physical, emotional, psychological or educational needs and that an alternate course of educational study would be better suited to the student's overall educational development. (Education Code 311(c))

The parent/guardian shall personally visit the school to apply for the waiver. (Education Code 310)

Upon request for a waiver, the Superintendent or designee shall provide to the parents/guardians: (Education Code 310, 311; 5 CCR 11309)

1. A full written description, and a spoken description upon request, of the intent and content of the structured English immersion program, any alternative courses of study and all educational opportunities offered by the district and available to the student, and the educational materials to be used in the different educational program choices.

2. For a request for waiver pursuant to Education Code 311(c) for students with special needs, notification that the student must be placed for a period of not less than 30 calendar days in an English language classroom and that the Superintendent must approve the waiver pursuant to Board of Education guidelines.

Pursuant to Education Code 311(b) and 311(c), the principal and educational staff may recommend a waiver to a parent/guardian for a student 10 years or older and a student with special needs. Parents/guardians shall be informed in writing of any recommendation for an alternative program made by the principal and staff and shall be given notice of their right to refuse to accept the recommendation. The notice shall include a full description of the recommended alternative program and the educational materials to be used for the alternative program as well as a description of all other programs available to the student. If the parent/guardian elects to request the alternative program recommended by the principal and educational staff, the parent/guardian shall comply with district procedures and requirements otherwise applicable to a parental exception waiver, including Education Code 310. (5 CCR 11309)

When evaluating waiver requests 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 may be used. These equivalent measures may include local assessments, local standards and teacher evaluations.

Parental exception waivers pursuant to Education Code 311(b) for students 10 years or older shall be granted if it is the informed belief of the principal and educational staff that an alternate course of educational study would be better suited to the student's rapid acquisition of basic English language skills. (Education Code 311)

Parental exception waivers pursuant to Education Code 311(c) for students with special needs shall be granted if it is the informed belief of the principal and educational staff that, due to the student's special physical, emotional, psychological or educational needs, an alternate course of educational study would be better suited to the student's overall educational development. (Education Code 311)

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 or designee. 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.

Each waiver shall be considered on its individual merits with great deference given to parental preference for student placement.

The principal or designee shall act upon all parental exception waivers within 20 instructional days of submission to the principal. However, parental waiver requests pursuant to Education Code 311(c) for students with special needs shall not be acted upon during the 30-day placement in an English language classroom. These waivers shall be acted upon no later than 10 calendar days after the expiration of that 30-day English language classroom placement or within 20 instructional days of submission of the waiver to the principal, whichever is later. (5 CCR 11309)

All parental exception waivers shall be granted unless the principal and educational staff have determined that an alternative program offered at the school would not be better suited for the overall educational development of the student. (5 CCR 11309)

Individual schools in which 20 students or more of a given grade level receive a waiver shall be required to offer such a class; otherwise they must allow the students to transfer to a 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.

In cases where a parental exception waiver pursuant to Education Code 311(b) or (c) is denied, the parent/guardian shall be informed in writing of the reason(s) for the denial and advised that he/she may appeal the decision to the Board if the Board authorizes such an appeal, or to the court. (5 CCR 11309)

Waiver requests shall be renewed annually by the parent/guardian. (Education Code 310)

Reclassification/Redesignation

The district shall continue to provide additional and appropriate educational services to English language learners for the purposes of overcoming language barriers until the English language learners have: (5 CCR 11302)

1. Demonstrated English language proficiency comparable to that of the district's average native English language speakers.

2. Recouped any academic deficits which may have been incurred in other areas of the core curriculum as a result of language barriers.

English language learners shall be redesignated as fluent English proficient when they are able to comprehend, speak, read and write English well enough to receive instruction in the regular program and make academic progress at a level substantially equivalent to that of students of the same age or grade whose primary language is English and who are in the regular course of study. (Education Code 52164.6)

The following measures shall be used to determine whether an English language learner shall be reclassified as fluent English proficient: (5 CCR 11303)

1. Assessment of English language proficiency utilizing the CELDT as the primary criterion, and objective assessment of the student's English reading and writing skills.

2. Participation of the student's classroom teacher and any other certificated staff with direct responsibility for teaching or placement decisions.

3. Parent/guardian opinion and consultation during a redesignation interview.

Parents/guardians shall receive notice and a description of the redesignation process, including notice of their right to participate in the process. Parent/guardian participation in the process shall be encouraged.

4. Comparison of performance in basic skills, including performance on the English-Language Arts section of the California Standards Test.

5. Objective data on the student's academic performance in English.

The Superintendent or designee shall provide subsequent monitoring and support for redesignated students, including but not limited to monitoring the performance of redesignated students in the core curriculum in comparison with their native-English speaking peers, monitoring the rate of redesignation, and ensuring correct classification and placement.

The Superintendent or designee shall develop a process to monitor the effectiveness of the district's program for English language learners. The district's program shall be modified as needed to help ensure language and academic success for each English language learner.

District English Learner Advisory Committee (DELAC)

The Vista Unified School District, having more than 50 English learners, has established a district-level English Learner Advisory Committee (DELAC), in which at least 51 percent of the members are parents/guardians of English learners who are not employed by the district. The district will also offer training materials and training, developed in consultation with the committee, to assist parent/guardian DELAC members in carrying out their responsibilities.

At the district level when there are more than 50 English language learners in the district and at each school with more than 20 English language learners, parent/guardian advisory committees shall be maintained to serve the advisory functions specified in law. (5 CCR 11308)

Parents/guardians of English language learners shall constitute committee membership in at least the same percentage as their children represent of the total number of students in the school. (Education Code 52176)

In order to assist advisory members in carrying out their responsibilities, the Superintendent or designee shall ensure that committee members receive appropriate training and materials. This training shall be planned in full consultation with the members. (5 CCR 11308)

Purpose of DELAC

The purpose of the DELAC is to advise the district on the development of programs for English learners. The DELAC has no veto power over the district English Learner Program, but shall function as an evaluating group that brings together representatives of the district and parents/guardians of students attending schools within the district for the purpose of sharing ideas and suggestions concerning the educational needs of students who are learning English as a second language.

DELAC Jurisdiction

The district's English language advisory committee shall advise the Board on at least the following tasks: (5 CCR 11308)

1. The development of a district master plan of education programs and services for English learners, taking into consideration the school site plans for English learners

2. The districtwide needs assessment on a school-by-school basis

3. Establishment of a district program, goals and objectives for programs and services for English learners

4. Development of a plan to ensure compliance with applicable teacher or aide requirements

5. Administration of the annual language census

6. Review of and comment on the district's reclassification procedures

7. Review of and comments on the written notification required to be sent to parents/guardians pursuant to 5 CCR 11300-11316

District Supports DELAC Meetings by:

1. Coordinating with DELAC leadership to establish convenient meeting times and providing venue for DELAC meetings

2. Preparing the final meeting agendas, with input from the DELAC representatives, and posting meeting agendas in accordance with California Education Code section 35147

3. Working with DELAC leadership to ensure all materials discussed and/or distributed at DELAC meetings are available for public inspection

4. Providing translation of notices when requested by DELAC leadership

5. Providing translation during meetings when requested by DELAC leadership;

6. Providing training to DELAC members to assist them in carrying out their responsibilities and complying with applicable California law

7. Coordinating and assisting DELAC leadership with reports to the Board of the district

DELAC Members are Expected to:

1. Follow the bylaws that have been established for the committee

2. Communicate and cooperate with district staff in a productive manner to develop agendas for DELAC meetings

3. Work with district staff to ensure agendas are posted and materials discussed and presented at DELAC meetings are available to the public in accordance with California law

4. Refrain from using the DELAC or service on the DELAC for personal advantage or for the individual advantage of friends and supporters

5. Approach all DELAC meetings with an open mind, prepared to make the best decision for the English learners of the district

6. Focus efforts on the goal of creating the most effective learning environment for English learners and not on personal goals or agendas

7. Conduct meetings in a civil and productive manner where the viewpoints of all DELAC members are heard, recognized and appreciated

8. Ensure all meetings are conducted in accordance with all applicable laws, including limiting discussion items to only those matters that fall within the jurisdiction of DELAC, as expressed in section 52176 of the Education Code and Title 5, section 11308 of the California Code of Regulations

9. Keep confidential information confidential

10. Coordinate with district administrators to provide reports to the Board of the district, as necessary

Parent/guardian committees do not have the authority or legal entitlement to demand any of the following:

1. Being included in the selection process of new school staff

2. Being included in the evaluation of existing school staff

3. Reviewing school staff credentials

4. Monitoring program implementation (classroom observations)

5. Changing the administration of programs, school calendar, or assignment of staff

6. Adopting policies that bind the district

Participation of Private School Students

After timely and meaningful consultation with appropriate private school officials, local education agencies (LEAs) receiving Title III funds must provide educational services to limited English proficient (LEP) children and educational personnel in private schools that are located in the geographic area served by the LEA.

To ensure timely and meaningful consultation, the LEA must consult with appropriate private school officials during the design and development of the Title III program on issues such as:

1. How the LEP children's needs will be identified

2. What services will be offered

3. How, where and by whom the services will be provided

4. How the services will be assessed and how the results of the assessment will be used to improve those services

5. The size and scope of the services to be provided to the private school children and educational personnel

6. The amount of funds available for those services

7. How and when the LEA will make decisions about the delivery of services, including a thorough consideration of the views of the private school officials on the provision of contract services through potential third-party providers

Title III services provided to children and educational personnel in private schools must be equitable and timely and address their educational needs.

Funds provided for educational services for private school children and educational personnel must be equal, taking into account the number and educational needs of those children, to the funds provided for participating public school children.

Title III services provided to private school children and educational personnel must be secular, neutral and nonideological.

LEAs may serve private school LEP children and educational personnel either directly or through contracts with public and private agencies, organizations, and institutions.

The control of funds used to provide services and the title to materials and equipment purchased with those funds must be retained by the LEA.

Services for private school children and educational personnel must be provided by employees of the LEA or through a contract made by the LEA with a third party.

Providers of services to private school children and educational personnel must be independent of the private school and of any religious organization, and the providers' employment or contract must be under the control and supervision of the LEA.

Funds used to provide services to private school children and educational personnel must not be commingled with nonfederal funds.

Regulation VISTA UNIFIED SCHOOL DISTRICT

approved: June 23, 2011 Vista, California

revised: January 12, 2015