a synopsis of the guidelines
which must be followed by all school districts in Pennsylvania
Basic
Education Circular (see www.state.pa.us/k12): Educating Students
with Limited English Proficiency (LEP) and English Language Learners
(ELL)
*
Every school district
shall provide a program for each student whose dominant language
is not English for the purpose of facilitating the student’s
achievement of English proficiency and the academic standards
under 4.12 (relating to academic standards). Programs under
this section shall include appropriate bilingual-bicultural
or English as a second language (ESL) instruction.
*
All programs must
include ESL classes and must be based on sound educational
and second language acquisition theory.
Placing students in remedial reading and speech therapy classes
does not constitute a program. Neither does placing them in
all English classrooms without the benefit of ESL instruction
and modification of classroom content. Students must have meaningful
access to the academic content classes in order for them to
achieve the academic standards.
*
Although age
appropriate placement will require many accommodations, it
is generally best for them to be scheduled with their peer
group as often as possible.
*
During the initial periods of
language acquisition and development, school district/charter
schools may opt to grade English language learners on a pass/fail
basis.
*
It is recommended that periodic
evaluations take place to ascertain that (the program) is
meeting its goals for the students. Some of the data which
help to monitor programs include report card grades and indicators
of academic achievement, attendance, rate of participation
in extra-curricular activities, graduation rate and discipline
rate.
*
Standards must be addressed
and objectives must be developed for ESL classes at all levels.
Therefore, ESL replaces language arts/English instruction.
*
In order to achieve academic
standards, students must be scheduled in content area classes
with the understanding that they may not be able to comprehend
all the instruction. Content area instruction must be aligned
with the corresponding standards and adapted to meet the
needs of the students… Teachers must adapt courses
of study to meet student needs. Adapting coursework does
not mean diluting or placing in lower grades for instruction.
*
Districts must provide information
about assessment, academic achievement and related issues
to parents in their native language or in their preferred
mode of communication. This means that it is the district’s
responsibility to provide for translation and interpretation
services.
*
Students who are English language
learners may be eligible for special education services once
it has been determined that the disability exists and this
disability is not solely due to lack of instruction or proficiency
in the English language. Then, the established procedures
and timelines for determining the disability and developing
the IEP must be followed. All English language learners eligible
for special education services whether in district or in
intermediate unit classes must continue receiving ESL instruction
at the appropriate proficiency and developmental level.
*
The participation of English
language learners in vocational-technical classes and programs
is not determined by their level of English language proficiency.
English language learners should have access to any course
of study available. It is the responsibility of the program
to make the necessary accommodations. Vocational students
who are English language learners must be provided ESL instruction
appropriate to their level of proficiency.
Title
VI (http://www.usdoj.gov/crt/cor/coord/titlevi.htm)
*
Title VI of
the Civil Rights Act of 1964 prohibits discrimination
based on race, color, or national origin. In Lau v. Nichols,
the U.S. Supreme Court affirmed the Department of Education
memorandum of May 25, 1970, which directed school districts
to take steps to help limited-English proficient (LEP) students
overcome language barriers and to ensure that they can participate
meaningfully in the district's educational programs.
*
It is important to ensure
that written materials routinely provided in English
also are provided in regularly encountered languages
other than English. It is particularly important to
ensure that vital documents are translated into the
non-English language of each regularly encountered
LEP group eligible to be served or likely to be affected
by the program or activity.
*
Vital documents must be
translated when a significant number or percentage
of the population eligible to be served, or likely
to be directly affected by the program/activity, needs
services or information in a language other than English
to communicate effectively.
*
Oral communication between
recipients and beneficiaries often is a necessary part
of the exchange of information. Thus, a recipient that
limits its language assistance to the provision of
written materials may not be allowing LEP persons "effectively
to be informed of or to participate in the program."
PART
A—ENGLISH LANGUAGE ACQUISTION, LANGUAGE ENHANCEMENT,
AND ACADEMIC ACHIEVEMENT ACT (from Title III No Child Left
Behind)
*
To help ensure
that children who are limited English proficient, including
immigrant children and youth, attain English proficiency,
develop high levels of academic attainment in English, and
meet the same challenging State academic content and student
academic achievement standards as all children are expected
to meet.
To assist all limited
English proficient children, including immigrant children
and youth, to achieve at high levels in the core academic
subjects so that those children can meet the same challenging
State academic content and student academic achievement
standards as all children are expected to meet.
To hold State educational
agencies, local educational agencies, and schools accountable
for increases in English proficiency and core academic
content knowledge of limited English proficient children
by requiring--
A
demonstrated improvements in the
English proficiency of limited English proficient
children each fiscal year; and
B
Adequate yearly progress for limited
English proficient children, including immigrant
children and youth.
C
Each State educational agency or specially qualified
agency receiving a grant under subpart 1 shall
develop annual measurable achievement objectives
for limited English proficient children served
under this part that relate to such children’s
development and attainment of English proficiency
while meeting challenging State academic content
and student academic achievement standards.
