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State Program for English Learners

Consolidated Application State Program for English Learners legal assurances for fiscal year 2013-14.
State Program for English Learners
  1. A Home Language Survey (HLS) is used at the time of initial enrollment to determine the student’s primary language, and within 30 calendar days of initial enrollment, each student whose HLS indicates a language other than English, has been assessed for English proficiency by means of the state-designated instrument California English-Language Development Test (CELDT). The provision of these services is not contingent upon the receipt of state or federal categorical assistance funds. (20 United States Code (USC) §6312(g); Education Code (EC) §62002, §52164; 5 California Code of Regulations (CCR) §11307, §11511; EC §52164.1 (a)(b)(c); 5 CCR §11307(a))
  2. All parents of English Learners (EL) and Fluent English Proficient (FEP) students have been notified in writing of their child's English language proficiency assessment results. (EC §52164.1(c))
  3. Each English learner receives a program of instruction in English-language development in order to develop proficiency in English as effectively and efficiently as possible. (20 USC §1703(f), §6825(c)(1)(A); EC §300, §305, §306, §310; 5 CCR §11302(a); Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989, 1009-1011)
  4. All English learners are receiving access to the LEA’s content and performance standards for their respective grade levels or the LEA has a plan that describes how academic deficits will be monitored and overcome within a reasonable time before such deficits become irreparable. (20 USC §1703(f), §6312 (c)(1)(M), §6825(c)(1)(B); EC §306, §310; 5 CCR §11302(b); Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989, 1009-1011)
  5. The Local Educational Agency (LEA) has established and implemented procedures for parental exception waivers for student program choice as required by law. (EC §305, §306, §310, §311; 20 USC §6312(g)(1)(A); EC §48985; 5 CCR §11309(a))
  6. The Individualized Education Program (IEP) team determines placement of each Special Education student, regardless of language proficiency. No provision of an IEP requires a parental exception waiver under this section.
  7. Parents and guardians of English learners have been notified of the opportunity to apply for a parental exception waiver. (EC §305, §306, §310, §311; 5 CCR §11309(a))
  8. The LEA has assigned an adequate number of qualified teachers to implement the required English-language development instruction and all other academic areas of the curriculum and is fully implementing specific district steps to remedy any shortage of qualified teachers. (20 USC §6319(a)(1); EC §44253.1, §44253.2, §44253.3, §44253.10; Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989, 1009-1011)
  9. The LEA provides a staff development program to qualify existing and future personnel (both teachers and paraprofessionals) in the skills necessary to help each English learner learn English and access the core curriculum. (20 USC §682 (c)(2)(b)(c)(d); Castañeda v. Pickard (5th Cir. 1981) 648 F.2d, 989, 1009-1011)
  10. There are adequate basic and supplemental resources to provide each English learner with learning opportunities in an appropriate program to provide equal opportunity for academic achievement across the core curriculum, including classes necessary to complete graduation requirements. (20 USC §1703(f); Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989, 1010, 1012-1013)
  11. Reclassification: Consistent and verifiable criteria to change a student's designation from EL to FEP status have been established by the district if ELs are enrolled. Each former EL who has been designated to FEP has 1) demonstrated English language proficiency comparable to that of the average native speakers and 2) can participate equally with average native speakers in the school's regular instructional program. (EC §62002; former EC §52161; 20 USC §1703(f); Gomez v. Illinois State Board of Education (7th Cir. 1987) 811 F.2d 1030, 1041-1042, Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989, 1010, 1012-1014); and Keyes v. School Dist. No. 1 (D. Colo. 1983) 576 F. Supp. §§1503, 1516-1522; CCR T5 11303)
  12. The LEA has met the requirements of EC §62002.5 regarding the advisory functions of the LEA and school committees on services for English learners. (EC §62002.5; former EC §52176; CCR T5, §4312)
  13. The LEA has established and implemented a process and criteria to determine the effectiveness of the program(s) for English learners. (20 USC §1703(f), 6841; Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989, 1009-1011)

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Last Reviewed: Thursday, August 27, 2015

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