The Consent Decree is the state of Florida's framework for compliance with the following federal and state laws and jurisprudence regarding the education of English Language Learner (ELL) students: Show
The Consent Decree addresses the civil rights of ELL students, foremost among those their right to equal access to all education programs. In addressing these rights, the Consent Decree provides a structure that ensures the delivery of the comprehensible instruction to which ELL students are entitled. Section I: Identification and AssessmentSynopsis: All students with limited English proficiency must be properly identified and assessed to ensure the provision of appropriate services. The Consent Decree details the procedures for placement of students in the English for Speakers of Other Languages (ESOL) program, their exit from the program, and the monitoring of students who have been exited. Section II: Equal Access to Appropriate ProgrammingSynopsis: All ELL students enrolled in Florida public schools are entitled to programming, which is appropriate to their level of English proficiency, their level of academic achievement, and any special needs they may have. ELL students shall have equal access to appropriate English language instruction, as well as instruction in basic subject areas, which is understandable to the students given their level of English proficiency, and equal and comparable in amount, scope, sequence and quality to that provided to English language learner (or non-ELL) students. Section III: Equal Access to Appropriate Categorical and Other Programs for ELL StudentsSynopsis: ELL students are entitled to equal access to all programs appropriate to their academic needs, such as compensatory, exceptional, adult, vocational or early childhood education, as well as dropout prevention and other support services, without regard to their level of English proficiency. Section IV: PersonnelSynopsis: This section details the certificate coverage and inservice training teachers must have in order to be qualified to instruct ESOL students. Teachers may obtain the necessary training through university course work or through school district provided inservice training. The Consent Decree details specific requirements for ESOL certification and inservice training and sets standards for personnel delivering ESOL instruction. Section V: Monitoring IssuesSynopsis: The Florida Department of Education is required to develop an evaluation system to address equal access and program effectiveness. This evaluation system is to collect and analyze data regarding the progress of ELL students and include comparisons between the LEP population and the non-ELL population regarding retention rates, graduation rates, dropout rates, grade point averages and state assessment scores. Learn about some of the questions schools are asking about how to best implement the laws and regulations that relate to the education of English language learners (ELLs) during COVID-19. On this pageAs the COVID-19 pandemic stretches on, we continue to encounter an enormous number of disruptions in schools due to the emergence of new variants, students and educators being exposed to or becoming infected with the virus, the dramatic surge in teacher burnout and staff shortages, and ways the crisis is impacting English learners and immigrant families. While grappling with this unprecedented crisis and courageously continuing to support educators, students, and families, it is also critical to ensure that our schools are aware of and follow the laws and regulations governing the education of English learners. Part I of this two-part article series outlines some of the questions about laws and regulations that are arising during COVID-19. Part II, coming in the New Year, will offer tips and strategies for putting sound practices into place. Note: Special thanks to EL Administrator Kristina Robertson for her contributions to this article. FAQs: Services for ELLs During COVID-19Here are three questions that address some important issues highlighted by the COVID-19 pandemic. Family communication1. Some English learners and their families do not have the necessary information they need about COVID-19 safety practices and school closures. How can we make this more meaningfully accessible to all families?Under federal and state laws, schools must ensure parents and guardians have meaningful access to district and school-related information (p. 2) as well as meaningful communication with parents and guardians (p. 9) regardless of their immigration status. An example of meaningful access and communication with parents and guardians is the Brockton Public School District in Brockton, MA. In addition to providing written translations, family liaisons are provided with smartphones to communicate with parents/guardians using their preferred mode of communication. A second example is Dearborn Elementary School in Dearborn, MI. Their family liaison uses WhatsApp to communicate with parents and guardians; as this is the family's most common means of communication. Both districts know the importance of continuously interacting with parents and guardians to ensure that they understand and can draw from the latest school related information on behalf of their children. Learn moreYou can learn more about what's happening in districts around the country, along with ways to ensure language access for multilingual families, in the following resources:
Staffing2. We are seeing a critical shortage of educators in our elementary grades and secondary subject matter classes. Is it okay to cancel or postpone our English language education programming?Under the federal regulations, all English learners must be provided with "appropriate language assistance services" that are "educationally sound in theory and effective in practice." The federal regulations do not encourage nor make provisions for postponement exceptions. Note: Colorín Colorado is currently working on resources to help schools address the impact of substitute teacher shortages on English learners and ELL educators. More information on this critical issue will be forthcoming soon. Programming3. Do the regulations require language education programming for English learners?Yes! There have been many federal regulation rulings about the education of English learners. In the Lau v. Nichols decision, the Supreme Court ruled that schools must provide programming to help students overcome barriers to learning English. In Castañeda v. Pickard, the Court ruled that it is essential for all educators to adhere to students' civil rights to an education by using the standards established by a 'three-prong ruling' that language programming be:
These rulings were reaffirmed in 2015 when the U.S. Department of Education and Civil Rights Division of the U.S. Department of Civil Rights wrote a letter to State and Local Education Agencies outlining the importance of the regulations and our obligations to adhere to these with our nation's English learners. Common Civil Rights Issues: ELL EducationAs part of the letter, the federal agencies involved identified that had been identified and furnished steps for addressing these to ensure that schools follow the laws and support students to be successful in school and their lives: 1. Identify and assess EL students in need of language assistance in a timely, valid and reliable manner. 2. Provide EL students with language assistance programs that are educationally sound and proven to be successful. 3. Sufficiently staff and support language assistance programs. 4. Ensure EL students have equal opportunities to meaningfully participate in all curricular and extracurricular activities including core curriculum, graduation requirements, specialized and advanced courses and programs, sports, and clubs. 5. Avoid unnecessary segretation of EL students. 6. Ensure that EL students with disabilities under the Individual with Disabilities Education Act (IDEA) or Section 504 are evaluated in a timely manner for special education and disability-related services and that their language needs are considered in evaluations and delivery of services. 7. Meet the needs of EL students who opt out of language assistance programs. 8. Monitor and evaluate EL students in language assistance programs to ensure their progress with respect to acquiring English proficiency and grade level core content, exit EL students from language assistance programs when they are proficient in English, and monitor exited students to ensure they were not prematurely exited, and any academic deficits incurred in the language assistance program have been remedied. This downloadable chart lists these eight challenges along with a self-analysis for your district or school to use to assess whether it is in compliance with the laws and regulations. Download the chart. Complete the chart by: (1) Placing a checkmark in the 'occur' column for each of the common civil rights issues that are being addressed, or (2) Describing the specific steps that will be taken to be in compliance with state and federal regulations. Note: You can learn more about how other school districts have addressed these issues in cases handled by the and related to the rights of ELLs and ELLs' families. Video: Regulations for ELL EducationAttorney Roger C. Rosenthal is the Executive Director of the Migrant Legal Action Program (MLAP), a national non-profit support and advocacy center located in Washington, D.C. In these excerpts from his 2014 interview with Colorín Colorado, Mr. Rosenthal discusses some of the court cases and regulations that impact the education of ELLs. See the complete interview in our Meet the Experts section. Recommended ResourcesGuides
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ReprintsYou are welcome to print copies or republish materials for non-commercial use as long as credit is given to Colorín Colorado and the author(s). For commercial use, please contact . What are the two types of ELLs?Types of ELL Programs. ESL Pull-Out Program: Students spend half of their day in a mainstream classroom and are pulled out for the other part of the day to learn English. ... . Content-Based ESL Program: This program integrates language instruction with content areas.. Which program model is most effective for ELLs?Pull Out Model
This program model is especially effective for beginning ELLs who need to develop “survival” English skills.
Which of the following is the best strategy for increasing reading fluency in English language learners?The best strategy for developing reading fluency is to provide your students with many opportunities to read the same passage orally several times. To do this, you should first know what to have your students read. Second, you should know how to have your students read aloud repeatedly.
Which of the following statements is most accurate regarding the transfer of literacy knowledge and skills from L1 to L2 quizlet?Which of the following statements is most accurate regarding the transfer of literacy knowledge and skills from L1 to L2? Literacy experiences developed in L1 with native language scaffolding have a positive impact on literacy development in L2.
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Which two of the following are federal requirements for the education of ells?
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