English Learner Toolkit Chapter 7

TOOLS AND RESOURCES FOR SERVING

ENGLISH LEARNERS WHO OPT OUT OF

EL PROGRAMS

What is this?

In January 2015, the U.S. Dept. of Education –

office for Civil Rights and the Dept. of Justice,

released a Dear Colleague Letter (DCL)

“English Learner Students and Limited English

Proficiency Parents”. This document outlines the

SEA and LEA’s legal obligations to ELs under

civil rights laws and other federal requirements.

http://www2.ed.gov/about/offices/list/ocr/letters/colleague-el-

201501/pdf

KEY POINTS FOR EL

STUDENTS

OPTING

OUT OF

PROGRAM

• Parents have the right to opt their children out of EL programs or particular EL services. This decision must be voluntary and based on a full understanding of the EL child’s rights, the range of services available to the child, and the benefits of such services to the child.

• If a parent decides to opt his or her child out of EL

programs or particular EL services, that child still retains his or her status as an EL.

• LEAs must continue to monitor the English language

proficiency (ELP) and academic progress of students who opt out of EL programs and services. If a student does not demonstrate appropriate growth in ELP or maintain appropriate academic levels, the LEA must inform the parents in a language they understand and offer EL services.

http://www2.ed.gov/about/offices/list/oela/english-learner-toolkit/index.html.

Opting Out - How To:

Any parent whose child is receiving or is eligible to receive EL programs or

services has the right to decline or opt his/her child out of the EL

programs or services being offered.

◦ LEAs may not recommend that a parent opt a child out of EL program or

services for any reason.

LEA must provide guidance:

◦ In a language the parents can understand

◦ About the range of EL services their child could receive

◦ About the benefits of such service

LEA must provide parents written notification

◦ Within 30 days at the start of school

◦ Within 2 weeks for later-arriving students

LEA should retain documentation demonstrating that a parent knowingly

and voluntarily opted his/her child out of the EL program or service.

LEA must reassess students annually with the ELPA21until they exit EL

status.

Opting Out – Check list

Are parents informed of their child’s EL status, right to opt out of

or back into program services, in a language they can understand?

Has the district provided parents with sufficient information about:

◦ Student’s EL status

◦ Service to double-identified students – no scheduling conflicts

◦ Quality of EL program

Is there a process established that the district will:

◦ Inform parents of their child’s progress with ELP/academic content areas

◦ Explore the cause of high opt-out rates for EL service if and when it occurs

Is there a process in place to ensure and monitor that:

◦ The child maintains/improves his/her EL status

◦ The LEA is fulfilling its obligation to meet the child’s language/academic needs

◦ The child still has appropriate access to the general curriculum

If the parent continues to opt out, is the LEA providing additional

training to the student’s classroom teacher(s) in EL instructional

strategies?

Opting Out – Monitoring Students

LEA is obligated to take affirmative steps and appropriate action required

by civil rights to provide the EL students meaningful access to its

educational program.

Periodic Monitoring can include:

◦ Assessment results

◦ Grades/Courses taken

◦ Observations

◦ Attendance

◦ Parent meeting notes

◦ Comparison to other EL students of similar ELP levels (and educational

background and experiences)

KEY POINTS TOOLS FOR

SERVING

ENGLISH

LEARNERS

WHO OPT OUT

OF EL

PROGRAMS

• The following tools are intended to assist schools, LEAs and SEAs

in developing the legal requirements when parents of ELs choose

to opt their child out of EL program or services.

TOOL #1: Statutorily required elements of Parent Notification Letter

TOOL #2: Sample Parent Notification Letter for placement in EL

Program

TOOL #3: Sample English Learner program and services opt-out

notifications

TOOL #4: Sample notification to opt a child back into the EL program

You can access the Tools and Resources for Staffing and Supporting an English Learner

Program at

http://www2ed.gov/about/offices/list/oela/english-learner-toolkit/index.html

TOOL #1 Statutorily Required Elements of Parent Notification Letter

Parent notification letters must contain: Be written in a language the parents can understand

The reason for the identification as LEP and need for placement

The child’s level of proficiency, how it was assessed, and status of the child’s academic

achievement

The method of instruction used in the program; how it differs in content, instructional goals

and use of English/native language instruction

How the program will meet the child’s educational strengths and needs

How the program will help the child learn English and meet age appropriate academic

standards for grade promotion and graduation

The specific exit requirements, expected rate of transition from such program, and

expected rate of graduation from secondary school (if funded)

How the program will meet the needs of an ELSWD and IEP objectives

Information pertaining to parental rights

◦ To immediately remove student from program

◦ To decline enrollment into the program or choose another program/method if offered

TOOL #2 Sample Parent Notification for a Child’s Placement in

EL Programs and Services

REMEMBER, the letter should:

• Be in a language the parents can understand (must)

• State how their child was identified to test: Home Language Survey

• Include the results of the placement test

• Describe the type of program and service their child will receive

• Describe the exit criteria

• Connect to IEP instruction if applicable

https://app.parentnotices.com/documents/list/2/1/16

TOOL #3 EL Program and Service Opt-Out Notification

REMEMBER, the letter should:

Be written in a language the parent can understand

Describe the type of program and service the child could receive

Include information that the child will still be flagged as EL

Include information about the annual assessment the child will still take

Include information for the parent to mark that they understand the

above information and still waive some or all services

Include a place for the parent to sign

TOOL #4 Notification to Opt-Back-In to EL Program or

Service

The notification should include:

• Acknowledgment of parental notification to Opt-Out and

now Opt-In

• Parent’s and child’s name

• Whether parents opt-in to some or all programs and

services

• Parent signature and date

English Learner Toolkit Chapter 8:

TOOLS AND RESOURCES FOR MONITORING AND

EXITING ENGLISH LEARNERS FROM EL PROGRAMS

AND SERVICES

KEY POINTS TRACKING

THE

PROGRESS

OF

ENGLISH

LEARNERS

• LEAs must monitor the progress of all Els in achieving English language proficiency (ELP) and in acquiring content knowledge.

• LEAs should establish rigorous monitoring systems that include benchmarks for expected growth and take appropriate steps to assist students who are not adequately progressing towards those goals.

• SEAs must monitor LEAs to ensure that they are providing ELs meaningful access to grade-level core content instruction and remedying any academic deficits in a timely manner.

Monitoring Students

Establish rigorous monitoring systems

◦ Periodic benchmarks allow for EL progress over time

◦ Done for ELP and core content progress

Targets instruction and provides additional support as needed

◦ Provides timely support

◦ Bring to school teams any student with areas of concerns

◦ EL progress should inform EL program and service

KEY POINTS EXITING

ENGLISH

LEARNERS

• LEAs must document that an EL has demonstrated English proficiency using a valid and reliable ELP assessment that tests all four language domains.

• Students exiting from EL status must be monitored for up to four years to ensure that

• They have not been prematurely exited

• Any academic deficits incurred as a result of

participating in the EL program have been

remedied

• They are meaningfully participating in the

standard program of instruction comparable to

their never-EL peers.

Exiting Students

Considerations when exiting students:

Parents must be included as part of the exiting process

ELP level is set at a level so students can effectively participate in

grade-level content instruction w/o EL services.

SEAs may use additional objective criteria related to ELP to decide

if an EL is ready to exit EL services.

◦ These may not be a substitute for a proficient score on a

valid/reliable ELP assessment

An exit too soon or too late may raise civil rights concerns

LEAs must monitor student progress for up to four (4) years

Exiting ELs cont’d.

Are procedures in place to ensure that students exit from EL

programs, services, and status only after they demonstrate English

proficiency on a valid and reliable ELP assessment?

••What processes are in place to monitor the progress of former

ELs? Do LEAs monitor, for at least two years, the academic

progress of students who have exited EL status to ensure that they

have not been prematurely exited and that they are meaningfully

participating in the LEA’s standard educational programs

comparable to their never-EL peers?

Tracking Progress of ELs

Are all ELs (and Opt-Outs)monitored at least annually

for progress in ELP and content knowledge?

Are LEAs monitoring for EL progress towards

benchmarks in ELP and grade-level content areas and

assisting those who are not making timely progress?

Does the SEA monitor the LEAs to ensure they are

providing ELs meaningful access to grade-level content

instruction and remedying any academic deficits in a

timely manner?

Has the SEA developed ELP standards and ensured

LEAs are implementing those ELP standards to inform

EL programs, services, and assessments?

KEY

POINTS:

MONITORING

AND EXITING

ENGLISH

LEARNERS

FROM EL

PROGRAMS

AND SERVICES

TOOLS

TOOL #1: Monitoring EL Progress in ELP is an example of a monitoring

form that can help determine if an EL is making appropriate progress, or

needs additional support to attain English proficiency.

TOOL #2: Monitoring EL Progress in Core Content Areas is an example

of a form that can help track an EL’s educational progress in the content

areas.

TOOL #3: Digital Progress Monitoring provides examples of five(5)

digital systems available online to monitor ELs’ progress.

TOOL #4: Resources for Planning and Self-Assessments provides

reference tools, materials, and resources from the Office of Civil Rights

(OCR).

You can access Tools and Resources for Monitoring and Exiting English Learners from

EL Programs and Services at http://www2ed.gov/about/offices/list/oela/english-learner-

toolkit/index.html

TOOL #1

EL PROGRESS

MONITORING

FORM

Tool #2 Monitoring EL Progress in Core Content Areas

Items to Include: • Student Information

• State Content Assessment Test Scores

• Grades

• Current Year Benchmarks • In all subjects the student is taking

• At intervals the Team determines

• Teacher observations

• Attendance and tardy data

• Summary and action steps

• Signature of the person completing the form and Team members

Tool #3 Digital Progress Monitoring

Blackboard/Blackboard Engage (previously Edline)

◦ http://www.blackboard.com/platforms/ engage/overview.aspx

Edmodo*

◦ https://www.edmodo.com/

ELLevation*

◦ http://ellevationeducation.com/

Infinite Campus*

◦ https://www.infinitecampus.com/

Powerschool*

◦ http://www.pearsonschoolsystems.com/ products/powerschool/

Tool #4 Resource for Planning and Self-Assessments

TOPIC DESCRIPTION URL

Progression of

Student through EL

Program

Flowchart describes EL progression: Enrollment, Identification,

Assessment, Services, Transition from services, Monitoring

http://www2.ed.gov/about/offic

es/list/ocr/ell/cprogression.html

Flowchart describes LEA’s responsibility to serve ELs,

including exiting and monitoring former EL students

http://www2.ed.gov/about/offic

es/list/ocr/ell/coverview.html

Transition from EL

Services

Questions that districts may use as a checklist for developing

a description of the transition procedures

http://www2.ed.gov/about/offic

es/list/ocr/ell/coverview.html

Flowchart describes criteria to determine when EL students

no longer need EL services, and if a student is ready to

transfer from services

http://www.2.ed.gov/about/offic

es/list/ocr/ell/ctransition.html

Monitoring Former

EL Students

Questions that LEAs may use to develop a description of the

procedures for monitoring former EL students

http://www2.ed.gov/about/offic

es/list/ocr/ell/cmonitoring.html

Flowchart describes processes for monitoring a transitioned

former EL student and what to do if the EL is not

meaningfully participating in the district’s educational program

http://www2.ed.gov/about/offic

es/list/ocr/ell/cmonitoring.html