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Program for English Learners Assurances

Consolidated Application Program for English Learners legal assurances for fiscal year 2018–19.
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 Education Code (EC) §52164.1; Title 5, California Code of Regulations (5 CCR) §11307(a), 11511; 20 United States Code (USC) §6312; Public Law (PL) 114-95, §1112(e)(3)(A)(i))
  2. All English learners shall be annually assessed for English language proficiency until the pupil is redesignated as English proficient. The assessment used must be aligned with the State’s English language proficiency standards. (EC §313, §60810[c][5], §60810[e][7])
  3. All parents of EL and fluent English proficient (FEP) students have been notified in writing of their child's English language proficiency assessment results. (USC §6312; PL 114-95, §1112[e][3][A][ii])
  4. 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 §6825; PL 114-95, 3115(c)(1)(B); EC §300, §305, §306, § 310; 5 CCR §11302(a); Castañeda v. Pickard (5th Circuit (Cir.) 1981) 648 F.2d 989, 1012-1013)
  5. All English learners receive access to the 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 §6825; PL 114-95, 3115 (c)(1)(B); EC §305(a), 5 CCR §11302(b); Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989, 1012-1013)
  6. 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. (20 USC §6826; PL 114-95, §3116(c); EC §44253.1, §44253.2, §44253.3, §44253.10; Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989, 1012-1013)
  7. The LEA provides a staff development program to qualify existing and future personnel (both teachers and paraprofessionals) in the skills necessary to help each EL learn English and access the core curriculum. (20 USC §6825; PL 114-95, §3115(c)(2)(A; Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989, 1012-1013)
  8. There are adequate basic and supplemental resources to provide each EL 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)
  9. 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 redesignated 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. (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; 5 CCR §§11302, 11303(d))
  10. The LEA has met the requirements of EC §62002.5 regarding the advisory functions of the LEA and school committees on services for ELs. (EC §62002.5)
  11. The LEA has established and implemented a process and criteria to determine the effectiveness of the program(s) for ELs. (20 USC §1703(f), 6841; Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989, 1012-1013)
  12. Upon submission of Title III, Part A, English Learner and Immigrant subgrant application on the Consolidated Application and Reporting System (CARS), LEAs acknowledge responsibility for accuracy of all data and narrative information submitted to the California Department of Education (CDE).
  13. Acceptance of the CARS application by the CDE does not:
    1. constitute approval or validation of the information provided, or acceptance of that information for purposes of satisfying any outstanding corrective actions under program determination letters or program monitoring reports; or
    2. limit or compromise in any way the CDE’s ability to conduct audits, investigations, or program monitoring in connection with the information provided in your application and then secure any needed corrective actions.

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Questions:   Education Data Office | conappsupport@cde.ca.gov | 916-319-0297
Last Reviewed: Thursday, May 28, 2020
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