2260F - DIVISION OF LANGUAGE MINORITY AND MIGRANT PROGRAMS GUIDELINES TO SATISFY LEGAL REQUIREMENTS
Establishment of Policies and Procedures
The School Corporation shall administer a Home Language (Census) to identify the first language(s) of all students enrolled in the Corporation. The Home Language Census shall elicit the following information:
the first language of the student;
the language most often spoken by the student;
the language most often spoken in the home.
Two (2) steps are necessary to implement this process.
Administer the Home Language Census Form to all students enrolled in the Corporation.
Use the Home Language Census in the enrollment process to identify the native language of each new student at the time of enrollment into the Corporation.
Documentation of a student’s native language shall be recorded in the permanent record and on the Individual Learning Plan Corporations shall implement an identification procedure to survey all students in their corporation with the above three (3) questions no later than thirty (30) school days after these guidelines are distributed.
As required by the Every Student Succeeds Act (ESSA), the Corporation must assess all students whose first (native) language is other than English to determine whether a student is Fluent English Proficient (FEP, see level 5 below) or Limited-English Proficient (LEP, see levels 1-4 below). This assessment must be given annually within thirty (30) days of student enrollment. Assessment of each student shall be conducted upon enrollment annually thereafter to assess progress. The appropriate test is the Language Assessment Scales (LAS). Assessment shall, to the extent possible, include listening, speaking, reading, and writing abilities, as well as academic achievement. Language proficiency levels are described below:
Level 1: The student does not speak, understand, read, or write English but may know a few isolated words or expressions.
Level 2: The student understands simple sentences in English, especially when spoken slowly, speaks one (1) or two (2) words utterances, but does not read or write English.
Level 3: The student communicates in English with hesitancy, but with effort and help, can carry on a conversation in English. The student is beginning to read and write English, but is more than two (2) years below grade level.
Level 4: The student speaks and understands English without apparent difficulty, however is still reading and writing below grade level.
Level 5: The student speaks, understands, reads, and writes English without difficulty and displays academic achievement comparable to English speaking peers at his/her grade level.
NOTE: Oral language skills shall not be the sole criterion for determining language proficiency. Academic achievement and writing and reading abilities in English must also be considered.
The Corporation shall establish standards for placement of language minority students into instructional programs in accordance with the following criteria:
Students be placed age appropriately.
If the student is fluent English proficient, placement will be in the regular instructional program.
If the student is limited-English proficient, placement will be made into an appropriate instructional program (see Section D).
Review previous educational records of students to determine the grade level attained in his/her home country.
The Corporation shall provide equal educational opportunity to language minority students with the appropriate level of English language development to allow for meaningful participation of language minority students in the Corporation’s educational program. Such instruction shall take place during the regular school day.
One (1) or more of the following approaches to instruction may be used:
English as a Second Language (ESL): specially designed classes of English language instruction for limited-English proficient students. All other subjects taken by the students are part of the general school curriculum and are taught in English.
English as New Language (ENL): a course for high school students which may count as four (4) of the eight (8) English credits needed for high school graduation. Must be taught by an English certified teacher. See course descriptions for more information.
Transitional Bilingual Education: includes language arts and content area (e.g., science, social studies, and math) instruction in the native language in addition to English as a Second Language (ESL) instruction.
Sheltered English/Structured Immersion: specially designed English language instruction for teaching ESL in the content areas.
Tutorial: individual tutoring of limited-English proficient students in ESL, native language, or specific content areas.
The Corporation shall have specific criteria established to safeguard appropriate placement and subsequent delivery of services to exceptional language minority students. The Pre-Referral process to Special Education should include an assessment in the native language and in English to provide evidence that difficulty exists in both languages. A referral should only be made after all other avenues have been explored and it has been determined that the child’s needs can not be met by the regular education program. (See Appendix 1 for the complete Pre-Referral Checklist). These criteria will be designed in accordance with Indiana Rule S-1.
The Corporation shall provide counseling services to language minority students in the following areas:
social, emotional adjustment to United States culture
drop-out prevention
technical vocational training
college preparatory coursework
substance abuse
teenage pregnancy and prevention
The limited-English proficient student should be counseled in his/her native language, when possible or necessary.
Retention of language minority students shall NOT be based solely upon English language proficiency. Appropriate classroom modifications should be made for each language minority student to ensure meaningful participation in the educational program. (See Retention Guidelines Form)
The Corporation shall employ or train sufficient qualified personnel to provide instructional services appropriate to the needs of limited-English proficient students. Students must receive instruction from properly certified, licensed teachers. (511 IAC 6.1-3-1(d)). Instructional aides must work under the direct supervision of a certified teacher and should not have the sole responsibility of teaching units of study. (511 IAC 1-8- 7.5.) The ratio of the number of limited-English proficient students to qualified teachers in a class shall not exceed the State mandated student/teacher ratio for all classrooms.
Corporations shall develop explicit criteria for deciding when LEP students no longer require ESL services. Such decisions shall be based upon the following:
The student’s level of academic achievement indicates ability to handle material in the content areas.
The student’s English language proficiency is sufficient to function in an English-only environment as determined by the annual assessment.
The student’s English reading abilities are such that the student can relate to the materials being read on his/her grade level.
Collective decision of a committee consisting of, but not limited to, the ESL/bilingual teacher and the regular classroom teachers.
Corporations shall ensure that LEP students in self-contained ESL/bilingual classes are given as much opportunity as possible to interact with English speaking peers at lunch, recess, in art, music, physical education, and other elective classes.
Corporations shall provide evidence that communication between the school and the home, whether about language minority student progress or school activities, is conducted, to the extent possible, in the native/preferred language of the home.
Corporations shall maintain records that indicate the following:
the native language of the student
the English language proficiency of the student
the assessment instrument used to determine English language proficiency
the type and frequency of instructional services offered
other intervention strategies employed
A recommended method of maintaining this information is the use of an Individual Learning Plan (ILP) for each language minority student. (Sample ILP forms are available from the Office of English Language Learners and Migrant Education.)
Report and Review
Public Law 221, continuous improvement for all student, encompasses the demonstration of growth of language minority students. Corporations will be responsible for demonstrating the effectiveness of their services to language minority students in their individual School Improvement Plans in conjunction with Legal Standard 28. Annual reporting of language minority data will be submitted to the Office of English Language Learners and Migrant Education.
Training
Corporations shall participate in training programs designed to help the development and implementation of these guidelines offered and facilitated by the Office of English Language Learners and Migrant Education including inservices and technical assistance. Other resources for staff development include courses available through the Regional Educational Service Centers, various university level courses, annual conferences held by Indiana Teachers of English to Speakers of Other Language (INTESOL) and the Office of English Language Learners and Migrant Education and National Teachers of English to Speakers of Other Languages (TESOL) and National Association of Bilingual Education (NABE) conferences.
Guidelines for the Placement of
Language Minority Students
Students who enter your school system must complete a Home Language Census.
If the survey indicates that a student speaks a language other than English, s/he must be assessed for oral, reading, and writing English language proficiency skills. (A list of appropriate tests is available from the Office of English Language Learners and Migrant Education.
Students should be placed in an age-appropriate grade level. Placement below grade level should only be considered if the student has no prior school experience or if the student has been out of school for more than one (1) academic year.
Initial scheduling of courses for LEP students should include classes designed to improve English language proficiency. Each student should receive the appropriate level of English language development.
Language minority students should be informed that they must meet graduation requirements if they intend to receive a high school diploma.
Migrant students graduating from home based schools need to be enrolled in courses that fulfill the home state’s graduation.
Modifications should be made to lessons and assignments by teachers in the content area classrooms with the appropriate level of English language development for each student.
IF YOU HAVE QUESTIONS CALL:
LANGUAGE MINORITY AND MIGRANT PROGRAMS
(317) 232-0555 OR (800) 382-9962
"Reprinted with the permission The Indiana Department of Education, Office of English Language Learners and Migrant Education".