Dear County and District Superintendents and Charter School Administrators:

Reminder of Legal Obligations to English Learners

The California Department of Education (CDE) is committed to the goal that all English learner (EL) students receive appropriate instruction and services. The CDE reminds local educational agencies (LEAs), as authorizing agents, and charter school administrators that, pursuant to California Education Code Section 47605(d)(1), charter schools shall not deny an EL student enrollment in their respective school because of their EL status or national origin.

Charter schools enrolling EL students have a dual obligation, as do all LEAs, to provide a program for ELs designed to overcome language barriers and provide access to the core curriculum (Castañeda v. Pickard 648 F.2d 989, [5th Cir. 1981]). The CDE recognizes that both services, including designated English Language Development (ELD), must be an integral part of a comprehensive program for every EL student. The CDE is informing administrators that charter schools are required to provide English learner instructional services that meet this dual obligation, and other services determined necessary by the charter school, immediately.

The CDE has shared a resource on how to fulfill this dual obligation by implementing integrated and designated ELD instruction as part of a comprehensive delivery plan for ELs.

Castañeda v. Pickard established a three part test that can be used by LEAs to evaluate and determine whether their programs are appropriately addressing the needs of ELs. Programs for ELs must be (1) based on a sound educational theory, (2) implemented effectively with sufficient resources and personnel, and (3) evaluated to determine whether they are effective at having students overcome language barriers and meet the same academic goals set for all other students within a reasonable period of time. Charter schools should use these criteria to evaluate whether their programs are appropriately addressing the needs of EL students.

In order to assist you, on January 7, 2015, the U.S. Department of Justice and the U.S. Department of Education (ED) provided guidance to school districts, and all public schools to meet their legal obligation to ensure that ELs can participate meaningfully and equally in all educational programs and services. The guidance is available on the U.S. Department of Education Schools' Civil Rights Obligations to English Learner Students and Limited English Proficient Parents web page at https://www2.ed.gov/about/offices/list/ocr/letters/colleague-el-201501.pdf. Another resource is a 10-chapter tool kit, available from the Office of English Language Acquisition on the U.S. Department of Education English Learner Tool Kit web page at https://www2.ed.gov/about/offices/list/oela/english-learner-toolkit/index.html.

Furthermore, the CDE strives to provide charter schools with the most up-to-date information on standards, frameworks, curriculum materials, and professional development opportunities. Webinars and online resources are also available to assist charter schools in the delivery of appropriate educational services to ELs. Important communication to charter schools regarding the provision of language services through instructional programs for ELs is posted on the CDE Letters to Local Educational Agencies web page at https://www.cde.ca.gov/sp/el/er/legalobligationltrsleas.asp.

If you have any questions regarding programs and services for ELs, please contact the Language Policy and Leadership Office, by phone at 916-319-0845.

Sincerely,

/s/

Veronica Aguila, Ed.D.
Assistant Superintendent/Division Director
English Learner Support Division

VA:bs