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Civil Rights Obligationsfor English LearnerStudents Part OneKDE Office of Continuous Improvement and SupportDivision of School and Program Improvement. Participants in this training will leavewith an understanding of some of thecivil rights obligations for servingEnglish learner EL students Civil Rights Obligations Part.IdentifyingOneand assessing allpotential EL studentsProviding EL students with alanguage assistance program.Staffing and supporting an ELProviding meaningful access to allcurricular and extracurricularAvoiding unnecessary segregationof EL students 3. Identifying and AssessingPotential ELs ESSA 3113 b 2 requires that states establishstandardized statewide entrance and exitprocedures for ELs . 703 KAR 5 070 requires all Kentucky districtsadminister a Home Language Survey HLS to allstudents enrolled in the district as a firstscreening process to identify potential EL ESSA 1112 e 3 D prohibits basing any part.of the EL identification process on the basis of 4a surname or language minority status Home Language Survey HLS Based at a minimum on four DO Reassure parents thequestions HLS is used solely to offer.1 What is the language most appropriate educationalfrequently spoken at home services not for2 Which language did your determining legal status orchild learn when he she for immigration purposes first began to talk DON T Include questions.3 What language does your which have a chillingchild most frequently speak effect and therebyat home discourage enrollment and 4 What language do you most or attendance Social Security Number.frequently speak to yourchild Date child first entered theAdditional information and sample HLS documents are available in Chapter 1 of the English Learner Toolkit Home Language Survey Template KDE created a.home language survey temfeaturing clarifyinglanguage to help parentsunderstand the purpose ofthe HLS and decrease.instances ofmisidentification Districts are not required touse the template but areencouraged to review the.language and considerincorporating it into theirown HLS 6 Removing the Chilling Effectchild a Place of birth.U S optional child born Date of entryinto a U S in the schoolDate of child been.enrolled in aentry into schoolthe U S outside the Right to Enroll in SchoolRequired Information Voluntary Information. Proof of Residency in the Social SecuritySchool Districtrequire parents state issued identification or driver s Must explain for whatlicense purpose the number will. Proof of Age be used Cannot require student s birth Race or Ethnicity Datacertificate Proof of Immunization Mustbe provided within 2.weeks of the child s attendance Identification Process1 Administer the HLS to all students upon enrollment 2 Review HLS responses if any answers are a language other thanEnglish the student is a potential EL and must be screened using the.appropriate WIDA screener Kindergarten W APT A kindergarten student who has taken the W APT must be enrolled as an EL studentregardless of the score results The student may not exit EL status until receiving atleast a 4 5 overall composite on the ACCESS for ELLs test in the first grade . Grades 1 12 WIDA Screener Online Students scoring a 4 5 overall composite or above are identified as Initially FullyEnglish Proficient IFEP and are not enrolled as ELs Students scoring below a 4 5 overall composite are enrolled as ELs These studentswill take the ACCESS for ELLs each January and will remain active ELs until scoring.at least a 4 5 overall composite on the ACCESS test 3 A Program Service Plan PSP is created for each student enrolled as WIDA Screener Assessments Kindergarten W APT WIDA Screener A An English language.paper and pencil testproficiency test given togiven to incomingstudents in grades 1 12 tokindergarteners to identify ELs.identify ELs 80 85 minutes total test 30minutes total test timetime Available in 2 formats Does online and paper not assign scores. Reports proficiency levelacross the full range ofscores in each languageWIDA English domain and 3 compositeLanguage Proficiency scores oral language .Levels 1 6 literacy and overall score Scenarios Which of These StudentsCould Be Identified as ELs A foreign exchangestudent who has A deaf or hearing .been deemed impaired studentEnglish proficient by who communicatesthe foreign exchange through Americanprogram in their Sign Language home country .A student adopted A student whose HLSfrom a non English lists only English speaking country however the schoolnow living in a home knows that anotherwhere only English is language is spoken.spoken in the home 11 Scenario 1 Foreign Exchange The HLS is completed for allA foreign exchange students including foreignstudent who has exchange students Answers.other than English will result inbeen deemed this student needing to bescreened for ELP English proficient Although the student has beenby the foreign declared English proficient in.their home country they mayexchange program not meet the standardizedstatewide ELP standards forin their home Kentucky Unless the homecountry uses the WIDA ACCESS.country could be for ELLs to determine ELP thestudent must be assessed usingidentified as an EL our criteria This was verified through a Scenario 2 Student Using.American Sign LanguageA deaf student who According to theJuly 2015 Title III Director lettcommunicates erthrough American Sign from USED an individual.cannot be considered an ELLanguage could not be solely because of theiridentified as an EL reliance on ASL forcommunication due tounless they meet the deafness or hearing.ESSA definition of an impairment EL and their primary Individuals whose nativelanguage is based on language is based on nationalorigin and who also have anational origin hearing impairment and rely.on ASL for communicationcould be considered an EL Scenario 3 Adopted Student The English languageA student adopted proficiency of students and.from a non English parents are independent fromone another speaking country English proficient parentsnow living in a may have a non Englishproficient child and vice.home where only versa English is spoken Scenarios such as thisemphasize the importance ofcould be identified the HLS question Whatlanguage did your child learn.as an EL when he she first began to Scenario 4 English Only HLS Based on the identificationA student whose process a student whose HLSHLS lists only lists only English would not be.flagged as a potential EL andEnglish but the there would be no justificationfor assessing their ELP school knows The HLS is more likely to becompleted accurately when the.another language district is spoken in the Eliminates questions with achilling effect from the surveyhome could not Clearly explains the purposeof the survey.be identified as an Provide the survey in aEL language parents canunderstand through a 15translated document and or a Assessment Accommodations. Students receiving EL services must have a Program Service Plan PSP in place 703 KAR 5 070 guidance requires the following documentation bekept for students needing assessment accommodations asdetermined by the PSP committee . The name and date of the English language proficiency ELP assessmentadministered to determine a student s EL status A PSP that includes the specific accommodations to be implemented ininstruction A list of the names of the PSP committee members who reviewed the.documentation and made the decisions The list of staff shall be placedwith the Title III records The appropriate accommodations needed The signature of the principal of the appropriate school as an indicationof approval for the described accommodations 16. EL Student FoldersDistricts must alsomaintain a folderfor each EL studentcontaining.information relatedto the student sstatus as an EL anddetails about theirindividual PSP . Student Folder ContentsCopy of the HLSInitial ELP assessment scoresheetCopy of the parent notification lettercontaining the required information in.ESSA 1112 e 3 A Level of academic achievementAnnual ELP assessment scoresheetCopy of the PSP Removal of EL Designation. As a general rule after a student is identified asan EL the district may not remove the ELdesignation before that student meets thestatewide exit criteria even if the student sparents object to the EL designation . Parentsmay decline EL services but not the annualELP assessment There are very rare exceptions when a studenthas been erroneously identified as an EL Pleasecontact KDE in this situation prior to removing a.student s EL designation 19 Assessing English Learners ESSA 1111 b 2 G requires districtsto assess the English languageproficiency of all ELs on an annual.basis using an assessment alignedwith the state s ELP standards The assessment measures students academic English language in the fourlanguage domains listening speaking .reading and writing 20 English Language ProficiencyAssessments ACCESS for ELLsKindergarten Paper based test individually administered toACCESS for kindergarten students in a game like.interactive format ACCESS for Computer based adaptive test that respondsto student performance and may beELLs Online administered in group or individual settings ACCESS for Paper based test that allows teachers to.place students into tiers based on theirELLs Paper language proficiency Alternate Large print paper based test individuallyadministered to students in grades 1 12ACCESS for identified as ELs with significant cognitive.ELLs disabilities 21 Number of ELs Tested inELs Tested in Kentucky25000 2648720000 21325.15000 167492011 2012 2013 2014 2015 2016 2017 2018 2019 2020Students TestedInformation courtesy of WIDA Data Dashboard Questions about Assessments.for English Learners KDE Office of Standards Assessment and Accountability502 564 4394ACCESS for ELLs webpage Providing a Language Assistance. Students in EL programs must receiveappropriate language assistance services untilthey are proficient in English and can participatemeaningfully in the district s educationalprograms without language assistance services . Services and programs must be educationallysound in theory and effective in practice basedon the Casta eda standards The program and services provided to thestudent will be outlined in the Program Service.Plan PSP 24 Providing a Language AssistanceProgram ChecklistOn which educational theory are the EL services and program options based What are the resources needed to effectively implement the chosen.How are placement in a particular EL program and the provision of servicesinformed by a student s English proficiency level grade level and educationaland language backgrounds Are EL services and programs provided to all eligible ELs regardless ofscheduling conflicts grade disability or native language .Does the chosen EL program include instruction aligned to the state ELPstandards and grade level content standards Are EL services and programs designed to provide more intensive instructionfor ELs who are the least proficient in English Are ELs at the highest levels of ELP continuing to receive EL services until.they have exited from EL services and programs Staffing and Supportingan EL Program Districts have an obligation to provide thepersonnel and resources necessary to effectively.implement their chosen EL programs Adequate number of highly qualified EL teachers toprovide language assistance services Staff trained to support the EL program Trained administrators who can evaluate the EL.program teachers Adequate and appropriate instructional materials atappropriate English proficiency and grade levels Appropriate bilingual materials 26 Qualified Teachers Checklist.Do all EL program core content and special education teacherswho instruct ELs have the appropriate certification licensure ortraining to teach ELs If not are they working to obtain it within areasonable period of time Do all teachers who instruct ELs demonstrate the skills necessary.to effectively implement the district s EL program Does the district provide supplemental professional learningPaper-based test individually administered to kindergarten students in a game-like interactive format. Large-print, paper-based test individually administered to students in grades 1-12 identified as ELs with significant cognitive disabilities.