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  1. Every Student Succeeds Act (2015) provides for strong accountability for the education of all children and for certain provisions specific to limited English proficient students, especially under Titles I and III of the Act. NCLB also provides funds to states and local schools and universities to carry out the intent of the Act.
  2. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of national origin (and other civil rights).
  3. Equal Education Opportunities Act of 1974  provides that no state shall deny equal educational opportunity to an individual on the basis of race, color, sex, or national origin.
  4. Lau vs. Nichols (1974) ruled that providing the same access to curriculum, instruction, and materials for students of limited English proficiency as is provided to English dominant students is not in effect equitable
  5. Plyler vs. Doe (1981) ruled that all students in public schools must be appropriately served, including any students who may not be documented as legal immigrants
  6. Castañeda vs. Pickard (1981) case precedent requires schools to use a three-pronged approach to assure that they are following the spirit of the above decisions vis-à-vis: a practice grounded in sound educational theory; effective implementation of an appropriate program; assurance that the program is working

English Learner Identification

Action Required by Federal Law and/or State Policy

In specific detail, when and how is this action accomplished in the SAU? Include the job title of the person responsible for ensuring that each action is completed. 

Administration of the Maine DOE 

“Language Use Survey” 

Each school within the district has a registration packet. Each registration packet has a “Language Use Survey”. The administration at each school is responsible for administering the “Language Use Survey”.

Translation / Interpretation Services Provided to Parents / Guardians

The ESL Coordinator is responsible for finding a translator or providing translation services. MSAD 35 has a contract with the “Language Bank” to find the appropriate translator or translation services. 

Referral of all Potential English Learners for Screening

Beginning in 2020, all Language Use Surveys will be sent to the ESL Coordinator to be evaluated. Any students who have indicated a language other than English on the “Language Use Survey” will be screened by the ESL Coordinator. 

Administration of English Language Proficiency Screener

The ESL Coordinator will administer the WIDA Screener to eligible students. 

Language Acquisition Committee Meeting to Develop Program of Services for identified English Learners*

Committee includes: The ESL Coordinator, mainstream teacher, guidance counselor (if applicable), guardian/parent of the student, and an administrator of the school the student attends. The student is requested at the meeting for grades 6-12th. 

* Identification of English learners must occur within 30 days of enrollment from the beginning of the school year or within two weeks of enrolling during the school year.

Development of Individualized Language Acquisition Programs

1. How a student’s program is developed:

     a.  First the ELL coordinator looks at the student’s WIDA Screener scores, and determines what level the student is performing at, whether it be Level 1 → Level 6. 

     b.  After learning what proficiency level the student is currently at, the ESL teacher creates goals using the WIDA “Can Do Descriptors - Official Uses” for the two domains that the student is most struggling with. 

     c.  The teacher will also create goals using the grade level standards. 

     d.  Once the goals are set, the ESL teacher will begin lessons to reach these goals as they pertain to the student’s needs in reading, writing, listening, and speaking. The teacher will use research based approaches to aid the student in accessing the grade level curriculum. 

  2. The program options offered to English learners

     a. Mixed classes with English-only Support 

        i.  English proficiency and content are the focus of instruction. The student’s native language is not used in instruction or as support. Support is provided either inside or outside of the regular classroom. 

        ii.  Class composition: ELLs and non-ELLs share a classroom

        iii.  Students are either pulled from class or the ESL teacher is part of the class, supplementing instruction. 

        iv.  If a student is pulled from class, they are only in a session with the ESL teacher, either one-on-one or with another ELL student. 

    1. The LIEP classification then becomes “EL Specific with English-only Support”

3.  The typical amount of frequency of services provided to English learners by proficiency level/grade

Level 1 

Co - teaching / Sharing of strategies with teacher to implement on daily basis

~240 minutes / week of contact time  

K-5 more “push in” services  / pull out when appropriate

6-8 mixture of “push in” and “pull out” (depending on student comfort) 

9-12 pull out services 

Level 2

Co - teaching / Sharing of strategies with teacher to implement on daily basis

~180 minutes / week of contact time 

K-5 more “push in” services  / pull out when appropriate

6-8 mixture of “push in” and “pull out” (depending on student comfort) 

9-12 pull out services 

Level 3 

Sharing of strategies with teacher to implement on daily basis

~120 minutes / week of contact time 

K-5 more “push in” services  / pull out when appropriate

6-8 mixture of “push in” and “pull out” (depending on student comfort) 

9-12 pull out services 

Level 4 

Sharing of strategies with teacher to implement on daily basis

~30-60 minutes / week of contact time 

K-5 more “push in” services  / pull out when appropriate

6-8 mixture of “push in” and “pull out” (depending on student comfort) 

9-12 pull out services 

Level 4.5 +

Monitor students 

Midyear reports on student progress and opportunity for teacher(s) or student to express concerns 

Bi-weekly grade(s) check 

4.  How the LEA meets the needs of English learners who parent/guardian declines services

     a.  ESL teacher informs the parent that the child will still need to participate in the ACCESS for ELLs 2.0 testing regardless if the student receives direct services. 

     b.  The ESL teacher will work with the mainstream teacher(s) to provide strategies and helpful tools to provide support for the ELL student. 

     c.  The ESL teacher may act as classroom support to help all struggling students including the ELL student. 

5.  Policies and procedures for updating an English learner’s program annually (at minimum) 

     a.  Quarterly consults, and midyear/end year report from mainstream classroom teachers reflecting and evaluating on the ELL student’s ESL goals, to see if the student has demonstrated proficiency of the goal, is still working on the goal but is showing growth, is still working on the goal but the skill is still weak, or if the skill has not been seen. 

     i.  Teachers indicate this growth by assigning a letter to correspond to the level of proficiency. 

    1. C = Completed and proficient 
    2. W+ = Working on skill / growth in skill 
    3. W- = Working on skill  but still weak 
    4. X = Not seen / not applicable

6.  ACCESS for ELLs 2.0 results 

     a.  Once the results for the ACCESS test have been received the ESL teacher will evaluate the growth or stagnation of the student’s English proficiency. 

     b. After the scores have been reviewed, the ESL teacher will update the ILAP and organize a meeting with the LAU committee, including the child’s guardians and the student himself. 

     c.  The updates to the ILAP will include new goals, new degrees of services, new accommodations, new scores etc. 

7.  Record-keeping procedures 

     a.  All documentation: Original ILAP, updated ILAP, meeting minutes, scores from Screener & ACCESS for ELLs 2.0 are all in the student’s cumulative file, as well as on the district’s online portal - “Infinite Campus”

     b.  Each student has an online portfolio within “Google Drive” that also includes the information listed above. 

Meaningful and Equitable Access to Academic and Extracurricular Program 

  1. How LEA ensures that each program / activity that its schools offer is accessible to English learners

          a. The ESL teacher reviews the clubs and programs that the district offers at each school. Using pictures, schedules, videos, and tools, the ESL teacher goes into explanations of the varying clubs and programs. If a student shows interest, the ESL teacher goes into further explanation and coordinates with that club, sport, or program’s advisor to aid in providing an environment that will be welcoming and conducive for an ELL student. 

          b.  The ESL teacher is always available to all faculty, staff, and community members should any questions or concerns arise. 

2.  English learners’ access to rigorous, grade-level-appropriate coursework

     a.  The ESL teacher will create individual curriculum for each student according to the Can Do Descriptors and the grade level standards. The ESL teacher will provide strategies, tools, and methods to the mainstream teachers to help differentiate instruction for the ELL student, while the ESL teacher will provide supplementary instruction inside or outside of the classroom with that particular ELL student. 

3.  Equitable identification policies and procedures for special educational opportunities (such as Gifted & Talented, Advanced Placement etc)

     a.  The ESL teacher will teach the ELL student strategies in order to handle the advanced coursework in an AP class. The ESL teacher will continue to provide strategies and tools to the mainstream teachers to help differentiate the instruction in order to help the ELL access the curriculum. 

     b.  If a student is showing great growth in their English proficiency, then the ESL teacher will recommend the student for Gifted and Talented. The mainstream teacher can recommend the student for Gifted and Talented, or more advanced classes if they are noticing strong abilities in the student’s work. 

Equitable Personnel, Facilities, and Materials

  1. LEA provides assurance that paraprofessionals, aides, or tutors will not be used to provide long-term support to English learners in place of qualified teachers

      a.  In the MSAD 35 school district the ESL teacher is the only professional working with ELL students. If an aid is needed, the ESL teacher will be providing the curriculum and lessons needed to instruct the student.

     2. LEA ensures that the caseload of its teachers serving English learners allows for effectively meeting all English learners’ needs. 

     a.  If the ESL teacher is not able to meet with all the students for their recommended amount of time, the district would provide a paraprofessional to aid the ESL teacher in instructional lessons. 

     b. The ESL teacher continuously evaluates the students’ needs in order to ensure that time is being appropriately used for those students who truly need the services.

3.  Training provided to mainstream/content area teachers on strategies for meeting the needs of English learners in the mainstream. 

     a.  The ESL teacher is constantly providing strategies and tools to the mainstream teacher through language research, researched based strategies, small but effective changes to instruction and the classroom environment, as well as providing modeling examples or small example lessons on how the teacher could present the information. 

     b.  The district is also open to providing professional development for teachers on how to recognize common struggles an ELL may face in the mainstream classroom, and how to help the student through these obstacles. 

        i.  The ESl teacher provides the teacher with a document of “signs” that an ELL is struggling within their classroom. Receptive & Expressive ELL Signs

4.  The equitable facilities and materials provided for the education of English learners as compared to their non-English learner peers

     a.  Students in the ESL program are given the same information and instruction as the non-ELL students, but with some accommodations and differentiated materials. 

     b.  ELL students have the opportunity to use the same facilities (library, computer lab etc.) as the non-ELL students

5.  How it ensures that English learners are not unnecessarily segregated from their non-English learner peers

     a.  The ELL students are in the mainstream class along with their non-ELL peers. The ESL teacher only pulls a student out of class for an 80 minute period at most, or pushes into the classroom for ESL services. 

Annual English Language Proficiency Test Administration

  1. How LEA ensures that all English learners will be administered ACCESS for ELLs/Alternate ACCESS annually.

      a.  The ESL teacher will administer the assessments to the ELL students annually during the testing period via macbook, google chrome, or paper version testing.

     2.  Policies and procedures for addressing parents/guardians who wish to opt out of required testing

       a.  The ESL teacher should refer to the following document: “ELLs Who Opt Out” from the Maine DoE. 

       b.  LEAs may not recommend that a parent opt a child out of EL programs or services for any reason. 

       c.  It needs to be clear to the parents/guardians that even if the student does not receive services, they are still obligated to take the annual testing. 

Exit and Monitoring

  1. Policies and procedures for monitoring the academic performance of former English learners

       a.  The ESL teacher will consult and meet with teachers and the monitor students at least once during the year to check in on their progress. 

       b.  The ESL teacher will check the student’s academic progress (grades) via Infinite Campus and/or teacher consult on a bi-weekly basis. 

       c.  Students on “monitor” still have annual ILAP meetings, where a goal is set that corresponds with academic performance. Students are to demonstrate proficiency in all their academic classes/criteria.

     2.  How the LEA ensures that students who were screened for English learner status upon enrollment but did not qualify are provided an opportunity for rescreening and entered into English learner status when necessary. 

       a.  If teachers are seeing a student struggle with demonstrating proficiency in their academic work, they can contact the ESL teacher at any time. 

       b.  If the student’s grades and the teachers’ comments express concern that a student is struggling with academics due to English proficiency, then the student will be rescreened for ESL services. 

Ongoing Program Evaluation

1.  LEA provides general goals of its programs for English learners

    1. The LEA’s goals reflect and strive to accomplish the 5 WIDA English Language Development Standards:

            i.  Standard 1 – Social and Instructional Language
                 English language learners communicate for social and instructional purposes within the school setting.

           ii.  Standard 2 – Language of Language Arts
                English language learners communicate information, ideas and concepts necessary for academic success in the content area of language arts.

            iii.  Standard 3 – Language of Mathematics
                 English language learners communicate information, ideas and concepts necessary for academic success in the content area of mathematics.

            iv.  Standard 4 – Language of Science
                 English language learners communicate information, ideas and concepts necessary for academic success in the content area of science.

             v.  Standard 5 – Language of Social Studies
                 English language learners communicate information, ideas and concepts necessary for academic success in the content area of social studies.

2.  LEA demonstrates its process for evaluation of academic and language acquisition programming provided to English learners. 

     a.  The goals to determine a student’s proficiency are set using the Can Do Descriptors of the student’s grade level and domain(s) of need. 

     b.  The goals that are set are then used to drive the curriculum for that student within the ESL program. 

     c.  The ESL teacher is providing the student with research based strategies to help the student achieve their ESL goals within the mainstream classroom. 

     d.  Once a student has demonstrated proficiency of a skill with 80% accuracy in the ESL and mainstream classroom, we determine that the student is proficient in that particular skill and is ready for a greater challenge. 

     e.  Once a student has achieved a goal, we re-evaluate the goals and determine what the next challenge is for that student. 

     f.  If a student is not improving or is struggling to become proficient on a particular skill, the ESL teacher will re-evaluate how the skill is being taught - and may seek the guidance of others for suggestions.

3.  Longitudinal data collection and analysis methods, including data on former English learners, as part of ensuring that long-term outcomes are comparable to those of students who were never English learners.

     a.  The goals that are set for ELLs are based on Can Do Descriptors and standards for each grade level. The student needs to show proficiency of all the goals listed on the ILAP. 

     b.  The ESL teacher tracks progress of goals using a special teacher report that teachers fill out at the midyear point and the end of the year. The ESL teacher will also be having consultations with teachers using the teacher consult form to monitor the student’s growth on a bi-monthly basis. Example of Teacher Consult Report

     c.  All the reports will be collected into a Google Drive - digital portfolio. The summary of the teacher reports will be considered and compared to the ESL teacher’s final summary of student progress. One can see the final results of the goals by the end of the year by looking at the updated ILAP.

4.  The individuals (job titles) responsible for completing ongoing program evaluation

     a.  The ESL teacher for the district is responsible for consulting with teachers on curriculum and constantly maintaining and evaluating the ESL program and its effectiveness. 

Meaningful Communication with Parents/Guardians

  1. How an LEA determines which parents/guardians need translation / interpretation services

           a.  When the office welcomes new registrants to the school, if the parent can not fill out the English survey, the parents will use the Language ID card to indicate a language other than English (again, if necessary). The Language survey will be administered in the home language of the family, which will indicate to the ESL teacher that an interpreter is needed. 

           b.  The ESL teacher will communicate with the student to confirm if the parents speak another language other than English (if the ELL is able to tell the ESL teacher this information)

   2.  LEA language access policy / plan

         a.  If the language survey indicates that the parent/guardians will need an interpreter, MSAD 35 has  a contract with the Language Bank. The ESL teacher will coordinate a meeting with the Language Bank interpreter and the parents/guardians to discuss the student’s ESL plan. 

         b.  The ESL teacher will use the Language Bank for written translation as well, when needed.

   3.  LEA staff training on when and how to provide translation / interpretation services for families. 

        a.  The ESL teacher, and staff of “Special Services” are all aware on how to obtain an interpreter for an ILAP meeting and for any other translation services. 

20 U.S.C. § 6801 et seq.

Me. Dept. of Educ. Rule Ch. 127.02

Cross Reference:  Program for English Language Learners - IHBEA

Policy Adopted:  December 20, 2000
Policy Revised:  October 5, 2005, March 16, 2016, November 18, 2020