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The English Learner Instrument
State Compliance Document
The English Learner Instrument is a document the California Departmnet of Education uses to monitor complance with various requirements in programs for English learners. Each of the sections below has been linked to the relavant portion of this Master plan for English learners website.
VI-EL 19 | |
Description | VI-EL 19. For participating private schools, the LEA provides equitable educational services and benefits to address the needs of eligible school students, their teachers, and their families. (20 USC 6320[a][1], 7881[a][1]) (a) On an annual basis, the LEA has contacted all private schools within its boundaries, as to whether the private schools’ students and teachers will participate in the Title III, Part A, English Language Acquisition, Language Enhancement, and Academic Achievement Program as part of the ESEA programs available to them. (20 USC 6320) (b) Parents participate on an equitable basis in parental involvement services and activities. (20 USC 6320[a][1]) (c) The LEA assesses identified students annually for English language proficiency using a valid and reliable instrument. (20 USC 6320) |
Legal References |
I-EL 1 | |
Description | A LEA or consortium that has failed to make progress on the annual measurable achievement objectives (AMAO) shall inform parents/guardians of English learners of such failure no later than 30 days after such failure occurs. |
Legal References | 20 USC 6312[g][1][B][1], 7012[b] |
I-EL 1 | |
Description | The LEA sends notice of and holds regular meetings for the purpose of formulating and responding to the parents’ recommendations. |
Legal References | 20 USC 7012[e][2] |
I-EL 1 | |
Description | (b) The LEA informs the parents how they can be involved in the education of their children and be active participants in assisting their children to: 1. Attain English proficiency 2. Achieve at high levels in core academic subjects 3. Meet challenging state academic content and achievement standards expected of all students |
Legal References | 20 USC 7012[e][1] |
I-EL 1 | |
Description | The LEA sends notice of and holds regular meetings for the purpose of formulating and responding to the parents’ recommendations. |
Legal References | 20 USC 7012[e][2] |
I-EL 1 | LEA Informs Parents How to be Involved in Their Child's Education |
Description | (b) The LEA informs the parents how they can be involved in the education of their children and be active participants in assisting their children to: 1. Attain English proficiency 2. Achieve at high levels in core academic subjects 3. Meet challenging state academic content and achievement standards expected of all students |
Legal References | 20 USC 7012[e][1] |
I-EL 1 | |
Description | (b) The LEA informs the parents how they can be involved in the education of their children and be active participants in assisting their children to: 1. Attain English proficiency 2. Achieve at high levels in core academic subjects 3. Meet challenging state academic content and achievement standards expected of all students |
Legal References | 20 USC 7012[e][1] |
I-EL 1 | |
Description | (b) The LEA informs the parents how they can be involved in the education of their children and be active participants in assisting their children to: 1. Attain English proficiency 2. Achieve at high levels in core academic subjects 3. Meet challenging state academic content and achievement standards expected of all students |
Legal References | 20 USC 7012[e][1] |
I-EL 2 | |
Description | A school site with 21 or more English learners has a functioning EL Advisory Committee (ELAC) that meets the following requirements: |
Legal References |
I-EL 2 | |
Description | Parent members are elected by parents or guardians of English learners. |
Legal References | 5 CCR 11308[b]; EC 62002.5 |
I-EL 2 | |
Description | Parents of English learners constitute at least the same percentage of the committee membership as their children represent of the student body. |
Legal References | EC 52176[b] |
I-EL 2 | |
Description | The school may designate an existing school level advisory committee, or subcommittee of such advisory committee to fulfill the legal responsibilities of ELAC, if the advisory body meets the criteria in (b). |
Legal References | EC 52176[b][c], 64001[a], 5 CCR 11308[d] |
I-EL 2 | |
Description | The ELAC advises the principal and staff on the school's program for English learners. |
Legal References | EC 52176[c] |
I-EL 2 | |
Description | The ELAC assists in the development of the school’s: 1. Needs assessment |
Legal References | EC 52176[c] |
I-EL 2 | |
Description | The ELAC assists in the development of the school’s: 2. Language Census Report (R30-LC) |
Legal References | EC 52176[c] |
I-EL 2 | |
Description | The ELAC assists in the development of the school’s: 3. Efforts to make parents aware of the importance of regular school attendance. |
Legal References | EC 52176[c] |
I-EL 2 | |
Description | The ELAC assists in the development of the school’s: 1. Needs assessment 2. Language Census Report (R30-LC) 3. Efforts to make parents aware of the importance of regular school attendance. |
Legal References | EC 52176[c] |
I-EL 2 | |
Description | The ELAC receives training materials and training, planned in full consultation with committee members, to assist members in carrying out their legal responsibilities. |
Legal References | 5 CCR 11308[d] |
I-EL 2 | |
Description | The ELAC has the opportunity to elect at least one member to the DELAC or has participated in a proportionate regional representation scheme when there are 31 or more English learner parent advisory committees in the district. |
Legal References | 5 CCR 11308[b]; EC 35147, 52176[a], 52168[b][4], 62002.5; 20 USC 6312[g][4], 7012 |
I-EL 2 | |
Description | The ELAC advises the school site council (SSC) on the development of the Single Plan for Student Achievement (SPSA) |
Legal References | EC 64001[a] |
I-EL 3 | |
Description | I-EL 3. A LEA with 51 or more English learners has a functioning DELAC or a subcommittee of an existing district committee in which at least 51 percent of the members are parents (not employed by the district) of English learners. |
Legal References |
I-EL 3 | |
Description | (a) The DELAC advises the school district governing board on all of the following tasks: 1. Development of a district master plan for educational programs and services for English learners that takes into consideration the Single Plan for Student Achievement. |
Legal References | 5 CCR 11308[c][1] |
I-EL 3 | |
Description | (a) The DELAC advises the school district governing board on all of the following tasks: 2. Conducting of a district-wide needs assessment on a school-by-school basis. |
Legal References | 5 CCR 11308[c][2] |
I-EL 3 | |
Description | (a) The DELAC advises the school district governing board on all of the following tasks: 3. Establishment of district program, goals, and objectives for programs and services for English learners. |
Legal References | 5 CCR 11308[c][3] |
I-EL 3 | |
Description | (a) The DELAC advises the school district governing board on all of the following tasks: 4. Development of a plan to ensure compliance with any applicable teacher and instructional aide requirements. |
Legal References | 5 CCR 11308[c][4] |
I-EL 3 | |
Description | (a) The DELAC advises the school district governing board on all of the following tasks: 5. Administration of the annual Language Census Report. |
Legal References | 5 CCR 11308[c][5] |
I-EL 3 | |
Description | The DELAC advises the school district governing board on all of the following tasks: Review and comment on the school district’s reclassification procedures. |
Legal References | 5 CCR 11308[c][6] |
I-EL 3 | |
Description | The DELAC advises the school district governing board on review and comment on the written notifications required to be sent to parents and guardians. |
Legal References | 5 CCR 11308[c][7] |
I-EL 3 | |
Description | (a) The DELAC advises the school district governing board on all of the following tasks: 1. Development of a district master plan for educational programs and services for English learners that takes into consideration the Single Plan for Student Achievement. (5 CCR 11308[c][1]) 2. Conducting of a district-wide needs assessment on a school-by-school basis. (5 CCR 11308[c][2]) 3. Establishment of district program, goals, and objectives for programs and services for English learners. (5 CCR 11308[c][3]) 4. Development of a plan to ensure compliance with any applicable teacher and instructional aide requirements. (5 CCR 11308[c][4]) 5. Administration of the annual Language Census Report. (5 CCR 11308[c][5]) 6. Review and comment on the school district’s reclassification procedures. (5 CCR 11308[c][6]) 7. Review and comment on the written notifications required to be sent to parents and guardians. (5 CCR 11308[c][7]) |
Legal References |
I-EL 3 | |
Description | The LEA provides training materials and training, planned in full consultation with committee members, appropriate to assist members in carrying out their legal advisory responsibilities. |
Legal References | 5 CCR 11308[d]); EC 35147, 52168[b][4], 52176[a], 62002.5; 20 USC 6312[g][4], 7012 |
II-EL 3 | |
Description | Policies, plans, and administration of categorical programs meet statutory requirements. |
Legal References |
III-EL 9 | |
Description | III-EL 9. Adequate general fund resources are used to provide each English learner with learning opportunities in an appropriate program, including English language development, and the rest of the core curriculum. The provision of such services is not contingent on the receipt of state or federal categorical aid funds. 9.1. For the following programs, EIA-LEP and Title III, the LEA uses categorical funds only to supplement the level of Federal, State and local public funds and in no case supplant such Federal, State, and local public funds. |
Legal References | 20 USC 1703[f], 6825[g], 54025[c]; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1010, 1012-1013 |
II-EL 4 | |
Description | The LEA properly identifies, assesses, and reports all students who have a primary language other than English. |
Legal References | USC 6312(g); EC 313 [a-c] |
II-EL 4.1 | |
Description | The LEA properly identifies, assesses, and reports all students who have a primary language other than English. A home language survey (HLS) is used at the time of initial enrollment to determine the student’s primary language. |
Legal References | EC 52164.1[a] |
II-EL 4.2 | |
Description | Within 30 calendar days of initial enrollment, each student whose home language is other than English, as determined by the HLS, is assessed for English proficiency by means of the California English Language Development Test (CELDT). The assessment conducted follows all of the publisher’s instructions. |
Legal References | EC 52164.1[b]; 5 CCR 11307[a], 11511 |
II-EL 4.3 | |
Description | Within 90 calendar days of initial enrollment, each EL is assessed for primary language proficiency. |
Legal References | EC 52164.1[c] |
II-EL 4.4 | |
Description | Parents/guardians of English learners are notified of their child’s initial English language proficiency assessment results. Parents/guardians of initial fluent English-proficient students are notified of their child’s English language proficiency assessment results. |
Legal References | EC 52164.1[c]; 5 CCR 11511.5 |
II-EL 4.5 | |
Description | 5.4 For school districts receiving Title III funds, within 30 days after the beginning of the school year (or during the school year, within two weeks of child being placed in program), parents/guardians of English learners are notified of: (a) Their child’s initial English language proficiency level (b) How such level was assessed (c) Their child’s language designation (d) Descriptions of program options, educational strategies, and educational materials to be used in different options (e) Program placement (f) Exit criteria (g) For English learners with a disability [with an Individualized Education Program (IEP)], how such program will meet the objectives of the IEP. (h) The expected rate of graduation from secondary school if funds under this part are used for children in secondary school. (20 USC 6312, 7012) |
Legal References | EC 52164.1[c]; 5 CCR 11511.5 |
II-EL 4.6 | |
Description | For school districts receiving Title III funds, parents/guardians of English learners are informed annually, not later than 30 days after the beginning of the school year, of: (a) Their child’s English proficiency level (b) How such level was assessed (c) The status of the child’s academic achievement (d) Their child’s language designation (e) Descriptions of program options and educational materials to be used in different options (f) Program placement (g) Exit criteria (h) English learners with a disability (on IEPs), how such program will meet the objectives of the IEP (i) The expected rate of graduation from secondary school if funds under this part are used for children in secondary school |
Legal References | EC 52164.1[c]; 5 CCR 11511.5;20 USC 6312, 7012 |
II-EL 4.7 | |
Description | Each English learner is annually assessed for English language development and academic progress. |
Legal References | EC 52164.1[c]; 5 CCR 11511.5; 5 CCR 11306 |
II-EL 4.8 | |
Description | 5.6 Each English learner is annually assessed for English language development and academic progress. (5 CCR 11306) |
Legal References | EC 52164.1[c]; 5 CCR 11511.5 |
II-EL 4.9 | |
Description | All currently enrolled English learners are assessed for English language proficiency by administering the CELDT during the annual assessment window. |
Legal References | 5 CCR 11511.1[b] |
II-EL 4.9 | Students with Disabilities are provided Test Variations in accordance with IEP or 504 |
Description | Each English learner with disabilities is assessed for English language development using accommodations, modifications, or alternate assessments for the CELDT if specified in the pupil’s IEP or 504 Plan. |
Legal References | 5 CCR 11516 |
II-EL 4.9 | |
Description | Parents/guardians of English learners are notified annually of their child’s English language proficiency assessment results within 30 calendar days following receipt of results of testing from the test contractor. |
Legal References | EC 52164.1[c]; 5 CCR 11511.5;20 |
II-EL 5 | |
Description | 6.1 To help English learners meet challenging achievement academic standards, each LEA plan shall include: (a) A description of high-quality student academic assessments that the LEA and schools use: i. To determine the success of children in meeting the state student academic achievement standards, and to provide information to teachers, parents, and students on the progress being made toward meeting the state student academic achievement standards ii. To assist in diagnosis and instruction in the classroom and to determine what revisions are needed so that English learners meet the state student academic achievement standards |
Legal References |
II-EL 5 | |
Description | 5.2 Minimum required components of the plan: (a) Description of programs and activities to be implemented (b) Description of how funds will be used to meet all annual measurable achievement objectives (c) Description of how school sites will be held accountable for: i. Meeting the annual measurable achievement objectives ii. Making adequate yearly progress for English learners iii. Annually measuring the English proficiency of English learners (d) Description of how school sites will promote parental and community participation in programs (e) Description of how all English learners’ programs will be carried out to ensure that English learners are served Assurance that the EL program is based on scientifically-based research enabling English learners to meet challenging state academic content and student academic achievement standards |
Legal References |
II-EL 5.1 | |
Description | II-EL 6. A LEA operating categorical programs, including Title III, implements and monitors the approved LEA plan. |
Legal References |
II-EL 7 | |
Description | II-EL 7. The LEA provides parents with information on school and parent activities in a format and, to the extent practicable, in a language the parents can understand. 7.1 When 15 percent or more of students enrolled in a public school speak a single primary language other than English, as determined by language census data from the preceding year, all notices, reports, statements, and records sent to parents of such students are written in English and the primary language. |
Legal References | EC 48985; 5 CCR 11316;20 USC 6318[e][5] |
II-EL 8 | |
Description | II-EL 8. For all categorical programs, the LEA maintains an inventory record for each piece of equipment, with an acquisition cost of $500 or more per unit, that is purchased with state and/or federal funds including EIA-LEP and Title III. The record describes the acquisition by: (a) Type (b) Model (c) Serial number (d) Funding source (e) Acquisition date (f) Cost (g) Location (h) Current condition (i) Transfer, replacement, or disposition of obsolete or unusable equipment |
Legal References | EC 35168; 5 CCR 3946; 34 CFR 80.32[d][I] |
III-EL 10 | |
Description | For the following programs, EIA-LEP and Title III, the LEA uses categorical funds only to supplement the level of Federal, State and local public funds and in no case supplant such Federal, State, and local public funds. |
Legal References | 20 USC 1703[f], 6825[g], 54025[c]; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1010, 1012-1013 |
III-EL 11 | |
Description | 11.1 For programs funded by EIA, the LEA utilizes no less than 85 percent of those apportionments at school sites for direct services to students. (EC § 63000, 63001.) 11.2 For programs funded by Title III, the LEA utilizes no less than 98 percent of those apportionments on direct services to English learners and may not use more than two percent of such funds for the cost of administering this program. |
Legal References | EC 62002, 64000[b][c], 64001[g], (20 U.S.C. § 6825 (b).) (EC §§ 62002, 64000(b)(c), 64001(g).) |
III-EL 11.1 | |
Description | 11.1 For programs funded by EIA, the LEA utilizes no less than 85 percent of those apportionments at school sites for direct services to students. (EC § 63000, 63001.) |
Legal References | EC 62002, 64000[b][c], 64001[g] |
III-EL 11.2 | |
Description | 12.2 Employees funded under a single cost objective, and employees funded with state funds under the School- Based Coordinated Program, complete a semiannual certification of such employment. (California School Accounting Manual [CSAM]; OMB Circular A-87, Attachment B, 8.h; OMB Circular A-133, ED Cross-Cutting Section, III.B.2); (EC § 52853(a)(7).) (CSAM; OMB Circular A-87, Attachment B, 8.h; OMB Circular A-133, ED Cross-Cutting Section, III.B.2) (20 U.S.C. § 6825 (b).) |
Legal References | EC 62002, 64000[b][c], 64001[g] |
III-EL 12 | |
Description | III-EL 12. The LEA properly assesses administrative charges for direct or indirect costs of federal funds for salaries and wages in proportion to an allowable quantity and duties of the employee. 12.1 Each employee paid in part from a single cost objective and in part from other revenue, or an employee paid from multiple cost objectives, completes a Personnel Activity Report (PAR) each pay period, or an approved sampling method is used. 12.2 Employees funded under a single cost objective, and employees funded with state funds under the School-Based Coordinated Program, complete a semiannual certification of such employment. (California School Accounting Manual [CSAM]; OMB Circular A-87, Attachment B, 8.h; OMB Circular A-133, ED Cross-Cutting Section, III.B.2); (EC52853[a][7]) (CSAM; OMB Circular A-87, Attachment B, 8.h; OMB Circular A-133, ED Cross-Cutting Section, III.B.2) (20 USC 6825[b]) |
Legal References | EC 62002, 64000[b][c], 64001[g] |
III-EL 12.1 | |
Description | III-EL 12. The LEA properly assesses administrative charges for direct or indirect costs of federal funds for salaries and wages in proportion to an allowable quantity and duties of the employee. 12.1 Each employee paid in part from a single cost objective and in part from other revenue, or an employee paid from multiple cost objectives, completes a Personnel Activity Report (PAR) each pay period, or an approved sampling method is used. |
Legal References | EC 62002, 64000[b][c], 64001[g] |
III-EL 12.2 | |
Description | 12.2 Employees funded under a single cost objective, and employees funded with state funds under the School-Based Coordinated Program, complete a semiannual certification of such employment. (California School Accounting Manual [CSAM]; OMB Circular A-87, Attachment B, 8.h; OMB Circular A-133, ED Cross-Cutting Section, III.B.2); (EC52853[a][7]) (CSAM; OMB Circular A-87, Attachment B, 8.h; OMB Circular A-133, ED Cross-Cutting Section, III.B.2) (20 USC 6825[b]) |
Legal References | EC 62002, 64000[b][c], 64001[g] |
IV-EL 13 | |
Description | IV-EL 13. The LEA implements a process and criteria to determine the effectiveness of programs for English learners, including: (a) A way to demonstrate that the programs for English learners produce within a reasonable period of time: i. English language proficiency comparable to that of average native speakers of English in the district ii. Academic results indicating that English learners are achieving and sustaining parity of academic achievement with students who entered the district’s school system already proficient in English (b) An ongoing mechanism for using the procedures described above to improve district-wide and school site EL program implementation and to modify the program, as needed, to ensure that each English learner achieves full proficiency in English and academic achievement at grade level as rapidly as possible. (20 USC 1703[f], 6841; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009–1011; EC 64001[f]) |
Legal References |
IV-EL 13 | LEA Evaluates the Effectiveness of EL Programs for ELA and Core |
Description | IV-EL 13. The LEA implements a process and criteria to determine the effectiveness of programs for English learners, including: (a) A way to demonstrate that the programs for English learners produce within a reasonable period of time: i. English language proficiency comparable to that of average native speakers of English in the district ii. Academic results indicating that English learners are achieving and sustaining parity of academic achievement with students who entered the district’s school system already proficient in English |
Legal References | 20 USC 1703[f], 6841; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009–1011; EC 64001[f] |
IV-EL 13 | LEA Evaluates the Effectiveness of EL Programs for ELA and Core |
Description | IV-EL 13. The LEA implements a process and criteria to determine the effectiveness of programs for English learners, including: (a) A way to demonstrate that the programs for English learners produce within a reasonable period of time: i. English language proficiency comparable to that of average native speakers of English in the district ii. Academic results indicating that English learners are achieving and sustaining parity of academic achievement with students who entered the district’s school system already proficient in English |
Legal References | 20 USC 1703[f], 6841; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009–1011; EC 64001[f] |
IV-EL 13 | LEA Has Ongoing Mechanism to Evaluates the Effectiveness of EL Programs |
Description | IV-EL 13. The LEA implements a process and criteria to determine the effectiveness of programs for English learners, including: (b) An ongoing mechanism for using the procedures described above to improve district-wide and school site EL program implementation and to modify the program, as needed, to ensure that each English learner achieves full proficiency in English and academic achievement at grade level as rapidly as possible. |
Legal References | 20 USC 1703[f], 6841; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009–1011; EC 64001[f] |
IV-EL 14 | |
Description | IV-EL 14. The LEA reclassifies a pupil from EL to proficient in English by using a process and criteria that include, but are not limited to: (a) Assessment of English language proficiency (CELDT) (EC 313[d][1]; 5 CCR 11303[a]) (b) Comparison of pupil’s performance in basic skills against an empirically-established range of performance in basic skills based upon the performance of English proficient pupils of the same age that demonstrate whether the pupil is sufficiently proficient in English to participate effectively in a curriculum designed for pupils of the same age whose native language is English (EC 313[d][4]; 5 CCR 11303[d]) (c) Teacher evaluation that includes, but is not limited to, the pupil’s academic performance “Teacher” refers to the classroom teacher and other certificated staff with direct responsibility for teaching or placement decisions of the pupil. (EC 313[d][2]; 5 CCR 11303[b]) (d) Opportunities for parent opinion and consultation during the reclassification process (EC 313[d][3]; 5 CCR 11303[c]) 14.1 The LEA maintains in the pupil’s permanent record (regardless of the physical form of such record) and to ensure transfer of documentation of the following: (a) Language and academic performance assessments (b) Participants in the reclassification process (c) Decision regarding reclassification (5 CCR 432, 434, 438) 14.2 The LEA monitors for a minimum of two years the progress of pupils reclassified to ensure correct classification, placement, and additional academic support, if needed. (20 USC 6841; 5 CCR 11304) |
Legal References |
IV-EL 14 | |
Description | IV-EL 14. The LEA reclassifies a pupil from EL to proficient in English by using a process and criteria that include, but are not limited to: (a) Assessment of English language proficiency (CELDT) (EC 313[d][1]; 5 CCR 11303[a]) (b) Comparison of pupil’s performance in basic skills against an empirically-established range of performance in basic skills based upon the performance of English proficient pupils of the same age that demonstrate whether the pupil is sufficiently proficient in English to participate effectively in a curriculum designed for pupils of the same age whose native language is English (EC 313[d][4]; 5 CCR 11303[d]) (c) Teacher evaluation that includes, but is not limited to, the pupil’s academic performance “Teacher” refers to the classroom teacher and other certificated staff with direct responsibility for teaching or placement decisions of the pupil. (EC 313[d][2]; 5 CCR 11303[b]) (d) Opportunities for parent opinion and consultation during the reclassification process (EC 313[d][3]; 5 CCR 11303[c]) 14.1 The LEA maintains in the pupil’s permanent record (regardless of the physical form of such record) and to ensure transfer of documentation of the following: (a) Language and academic performance assessments (b) Participants in the reclassification process (c) Decision regarding reclassification (5 CCR 432, 434, 438) 14.2 The LEA monitors for a minimum of two years the progress of pupils reclassified to ensure correct classification, placement, and additional academic support, if needed. |
Legal References | (20 USC 6841; 5 CCR 11304) |
IV-EL 14 | |
Description | IV-EL 14. The LEA reclassifies a pupil from EL to proficient in English by using a process and criteria that include, but are not limited to: (a) Assessment of English language proficiency (CELDT) |
Legal References | EC 313[d][1]; 5 CCR 11303[a] |
IV-EL 14 | |
Description | IV-EL 14. The LEA reclassifies a pupil from EL to proficient in English by using a process and criteria that include, but are not limited to: (b) Comparison of pupil’s performance in basic skills against an empirically-established range of performance in basic skills based upon the performance of English proficient pupils of the same age that demonstrate whether the pupil is sufficiently proficient in English to participate effectively in a curriculum designed for pupils of the same age whose native language is English |
Legal References | EC 313[d][4]; 5 CCR 11303[d] |
IV-EL 14 | |
Description | IV-EL 14. The LEA reclassifies a pupil from EL to proficient in English by using a process and criteria that include, but are not limited to: (c) Teacher evaluation that includes, but is not limited to, the pupil’s academic performance “Teacher” refers to the classroom teacher and other certificated staff with direct responsibility for teaching or placement decisions of the pupil. |
Legal References | EC 313[d][2]; 5 CCR 11303[b] |
IV-EL 14 | Reclassification Process Includes Opportunities for Parental Opinion |
Description | IV-EL 14. The LEA reclassifies a pupil from EL to proficient in English by using a process and criteria that include, but are not limited to: (d) Opportunities for parent opinion and consultation during the reclassification process |
Legal References | EC 313[d][3]; 5 CCR 11303[c] |
IV-EL 14.1 | |
Description | 14.1 The LEA maintains in the pupil’s permanent record (regardless of the physical form of such record) and to ensure transfer of documentation of the following: (a) Language and academic performance assessments (b) Participants in the reclassification process (c) Decision regarding reclassification |
Legal References | 5 CCR 432, 434, 438 |
IV-EL 14.1 | |
Description | 14.2 The LEA monitors for a minimum of two years the progress of pupils reclassified to ensure correct classification, placement, and additional academic support, if needed. (20 USC 6841; 5 CCR 11304) |
Legal References | 5 CCR 432, 434, 438 |
IV-EL 14.2 | |
Description | 14.2 The LEA monitors for a minimum of two years the progress of pupils reclassified to ensure correct classification, placement, and additional academic support, if needed. (20 USC 6841; 5 CCR 11304) |
Legal References | 5 CCR 432, 434, 438 |
II-EL 6 | |
Description | II-EL 6. For all programs funded through the Consolidated Application including programs for English learners, EIA-LEP, and Title III and operated at the school, the SSC annually develops, reviews, updates, and approves the SPSA, including proposed expenditures. The SPSA consolidates all plans required by these programs and contains: |
Legal References |
II-EL 6 | |
Description | II-EL 6. For all programs funded through the Consolidated Application including programs for English learners, EIA-LEP, and Title III and operated at the school, the SSC annually develops, reviews, updates, and approves the SPSA, including proposed expenditures. The SPSA consolidates all plans required by these programs and contains: (a) Analysis of academic performance data to determine student needs (b) School goals to meet the identified academic needs of students (c) Activities to reach school goals that improve the academic performance of students (d) Expenditures of funds allocated to the school through the Consolidated Application (e) The means of annually evaluating the progress of programs toward accomplishing the goals, including determining whether the needs of all children have been met by the strategies used, particularly the needs of English learners, low-achieving students and those at risk of not meeting state academic content standards |
Legal References | 20 USC 6826, 6314[b][1][2], 6315[c][2]; EC 64001[f] |
II-EL 6.1 | |
Description | II-EL 6. For all programs funded through the Consolidated Application including programs for English learners, EIA-LEP, and Title III and operated at the school, the SSC annually develops, reviews, updates, and approves the SPSA, including proposed expenditures. The SPSA consolidates all plans required by these programs and contains: 6.1 The local governing board reviews and approves the SPSA annually and whenever there are material changes to the plan (e.g., the school is designated as Program Improvement). (EC 64000 [a][3], 64001[g]) 6.2 The SPSA is consistent with the LEA Plan. (EC 64001[h]) 6.3 The SSC annually considers whether or not it wishes the local school to participate in the School-based Coordination Program (SBCP) and that decision is indicated in the SPSA. (EC 52852.5 [b]) 6.4 If the school operates a SBCP program, the SPSA contains a description of instructional and auxiliary services to meet the special needs of English learners, educationally disadvantaged youth, gifted and talented students, and students with exceptional needs. (EC 52853 [a][2]) |
Legal References | EC 64001[f],[g],[h] |
V-EL 15 | LEA Must Have a Written Plan to Remedy the Shortage Any Shortage |
Description | V-EL 15. Teachers assigned to provide English language development or access to core curriculum instruction for English learners are appropriately authorized or are actively in training for an appropriate EL authorization. 15.1 A LEA with a documented shortage of teachers authorized to provide such instruction has written, adopted, and implemented policies and procedures to remedy the shortage. |
Legal References | 20 USC 6319[a][1], 6826[c]; EC 44253.1, 44253.2, 44253.3, 44253.10; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009-1011 |
V-EL 15 | |
Description | Teachers assigned to provide English language development or access to core curriculum instruction for English learners are appropriately authorized or are actively in training for an appropriate EL authorization. |
Legal References | 20 USC 6319[a][1], 6826[c]; EC 44253.1, 44253.2, 44253.3, 44253.10; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009-1011 |
V-EL 15.1 | LEA Must Have Adopted Policies to Remedy Shortage of EL Authorization |
Description | A LEA with a documented shortage of teachers authorized to provide such instruction has written, adopted, and implemented policies and procedures to remedy the shortage. |
Legal References | 20 USC 6319[a][1], 6826[c]; EC 44253.1, 44253.2, 44253.3, 44253.10; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009-1011 |
V-EL 16 | |
Description | V-EL 16. The LEA provides high-quality professional development to classroom teachers, principals, administrators, and other school or community-based personnel that is: (a) Designed to improve the instruction and assessment of English learners (20 USC 6825[c][2][A]) (b) Designed to enhance the teacher’s ability to understand and use curricula, assessment measures, and instructional strategies for English learners (20 USC 6825[c][2][B]) (c) Based on research demonstrating the effectiveness of the professional development in increasing the pupil’s English proficiency or the teacher’s subject matter knowledge, teaching knowledge, and teaching skills (20 USC 6825[c][2][C]) (d) Of sufficient intensity and duration (which shall not include activities such as one-day or short-term workshops and conferences) to have a positive and lasting impact on the teacher’s performance in the classroom (20 USC 6825[c][2][D]) |
Legal References | Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009-1011 |
V-EL 16 | Professional Development Must Be Designed to Improve EL Instruction |
Description | V-EL 16. The LEA provides high-quality professional development to classroom teachers, principals, administrators, and other school or community-based personnel that is: (a) Designed to improve the instruction and assessment of English learners |
Legal References | 20 USC 6825[c][2][A]; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009-1011 |
V-EL 16 | Professional Development Must Enhance Teacher Ability with ELs |
Description | V-EL 16. The LEA provides high-quality professional development to classroom teachers, principals, administrators, and other school or community-based personnel that is: (b) Designed to enhance the teacher’s ability to understand and use curricula, assessment measures, and instructional strategies for English learners |
Legal References | 20 USC 6825[c][2][B]); (Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009-1011 |
V-EL 16 | |
Description | V-EL 16. The LEA provides high-quality professional development to classroom teachers, principals, administrators, and other school or community-based personnel that is: (c) Based on research demonstrating the effectiveness of the professional development in increasing the pupil’s English proficiency or the teacher’s subject matter knowledge, teaching knowledge, and teaching skills |
Legal References | Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009-1011; 20 USC 6825[c][2][C] |
V-EL 16 | Professional Development Must Be Sufficient to Impact Instruction |
Description | V-EL 16. The LEA provides high-quality professional development to classroom teachers, principals, administrators, and other school or community-based personnel that is: (d) Of sufficient intensity and duration (which shall not include activities such as one-day or short-term workshops and conferences) to have a positive and lasting impact on the teacher’s performance in the classroom |
Legal References | 20 USC 6825[c][2][D]; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009-1011 |
VI-EL 17 | |
Description | Participants have equitable access to all programs provided by the local educational agency, as required by law. VI-EL 17. All pupils are placed in English language classrooms unless a parental exception waiver has been granted for an alternative program. 17.1 Based on LEA criteria of reasonable fluency, English learners are placed in structured English immersion (SEI) or in English language mainstream (ELM) program settings. English learners who do not meet the LEA criteria for participation in an ELM are placed in an ELM program at any time during the school year, if the parent or guardian so requests. (5 CCR 11301) 17.2 The LEA has designed and implemented an SEI English language acquisition process in which the curriculum and instruction are designed for children who are learning the language. (EC 305, 306, 310, and 311) Note: The individualized education program (IEP) team determines placement of each special education student regardless of language proficiency. |
Legal References |
VI-EL 18 | Students are Placed in English Language Classrooms Unless Waived |
Description | Participants have equitable access to all programs provided by the local educational agency, as required by law. VI-EL 17. All pupils are placed in English language classrooms unless a parental exception waiver has been granted for an alternative program. 17.1 Based on LEA criteria of reasonable fluency, English learners are placed in structured English immersion (SEI) or in English language mainstream (ELM) program settings. English learners who do not meet the LEA criteria for participation in an ELM are placed in an ELM program at any time during the school year, if the parent or guardian so requests. (5 CCR 11301) 17.2 The LEA has designed and implemented an SEI English language acquisition process in which the curriculum and instruction are designed for children who are learning the language. (EC 305, 306, 310, and 311) Note: The individualized education program (IEP) team determines placement of each special education student regardless of language proficiency. |
Legal References |
VI-EL 18 | Parents are notified of their child's placement in an English language classrom |
Description | VI-EL 18. Parents and guardians of ELs are informed of the placement of their children in an English language classroom and are notified of an opportunity to apply for a parental exception waiver for their children to participate in an alternative program. Generated by CAIS | September 8, 2011 11:05 AM 11 of 14 18.1 LEA procedures for granting parental exception waivers include the following: (a) Parents and guardians are provided, on enrollment and annually, full written, and upon request, spoken descriptions of the structured English immersion program, English language mainstream program, alternative programs, and all educational opportunities available to the pupil. The descriptions of the programs shall include the educational materials to be used in the different options. (5 CCR §11309(a)(b)(1), EC § 310.) (b) Parents and guardians are informed that a pupil must be placed for not less than 30 calendar days in an English-language classroom the first year of enrollment in a California school. (5 CCR § 11309(b)(2), EC § 311.) (c) Parents and guardians are informed of any recommendation by the school principal and educational staff for an alternative program and are given notice of their right to refuse the recommendation. (5 CCR § 11309(b)(3), EC § 311.) (d) Parental exception waivers are acted on within 20 instructional days of submission to the school principal. However, waivers submitted under EC § 311(c) must be acted on either no later than ten calendar days after the expiration of the 30-day English language classroom placement or within 20 instructional days of submission of the waiver, whichever is later. (5 CCR § 11309(c).) 18.2 Parental exception waivers shall be granted unless the school principal and educational staff determines that an alternative program offered at the school would not be better suited for the overall educational development of the pupil. (5 CCR § 11309(b)(4).) 18.3 If a waiver is denied, parents and guardians are informed in writing of the reason(s) for denial and advised that they may appeal the decision to the local board of education if such an appeal is authorized by the local board of education, or to the court. (5 CCR § 11309(d).) 18.4 Each school in which 20 or more pupils of a given grade level receive a waiver shall be required to offer such a class; otherwise they must allow the pupils to transfer to a public school in which such a class is offered. (EC § 310.) 18.5 The IEP team determines placement of each special education student regardless of language proficiency. |
Legal References |
VI-EL 18.1 | Parents are notified of their child's placement in an English language classrom |
Description | VI-EL 18. Parents and guardians of ELs are informed of the placement of their children in an English language classroom and are notified of an opportunity to apply for a parental exception waiver for their children to participate in an alternative program. Generated by CAIS | September 8, 2011 11:05 AM 11 of 14 18.1 LEA procedures for granting parental exception waivers include the following: (a) Parents and guardians are provided, on enrollment and annually, full written, and upon request, spoken descriptions of the structured English immersion program, English language mainstream program, alternative programs, and all educational opportunities available to the pupil. The descriptions of the programs shall include the educational materials to be used in the different options. (5 CCR §11309(a)(b)(1), EC § 310.) (b) Parents and guardians are informed that a pupil must be placed for not less than 30 calendar days in an English-language classroom the first year of enrollment in a California school. (5 CCR § 11309(b)(2), EC § 311.) (c) Parents and guardians are informed of any recommendation by the school principal and educational staff for an alternative program and are given notice of their right to refuse the recommendation. (5 CCR § 11309(b)(3), EC § 311.) (d) Parental exception waivers are acted on within 20 instructional days of submission to the school principal. However, waivers submitted under EC § 311(c) must be acted on either no later than ten calendar days after the expiration of the 30-day English language classroom placement or within 20 instructional days of submission of the waiver, whichever is later. (5 CCR § 11309(c).) 18.2 Parental exception waivers shall be granted unless the school principal and educational staff determines that an alternative program offered at the school would not be better suited for the overall educational development of the pupil. (5 CCR § 11309(b)(4).) 18.3 If a waiver is denied, parents and guardians are informed in writing of the reason(s) for denial and advised that they may appeal the decision to the local board of education if such an appeal is authorized by the local board of education, or to the court. (5 CCR § 11309(d).) 18.4 Each school in which 20 or more pupils of a given grade level receive a waiver shall be required to offer such a class; otherwise they must allow the pupils to transfer to a public school in which such a class is offered. (EC § 310.) 18.5 The IEP team determines placement of each special education student regardless of language proficiency. |
Legal References |
VI-EL 18.2 | Parents are notified of their child's placement in an English language classrom |
Description | VI-EL 18. Parents and guardians of ELs are informed of the placement of their children in an English language classroom and are notified of an opportunity to apply for a parental exception waiver for their children to participate in an alternative program. Generated by CAIS | September 8, 2011 11:05 AM 11 of 14 18.1 LEA procedures for granting parental exception waivers include the following: (a) Parents and guardians are provided, on enrollment and annually, full written, and upon request, spoken descriptions of the structured English immersion program, English language mainstream program, alternative programs, and all educational opportunities available to the pupil. The descriptions of the programs shall include the educational materials to be used in the different options. (5 CCR §11309(a)(b)(1), EC § 310.) (b) Parents and guardians are informed that a pupil must be placed for not less than 30 calendar days in an English-language classroom the first year of enrollment in a California school. (5 CCR § 11309(b)(2), EC § 311.) (c) Parents and guardians are informed of any recommendation by the school principal and educational staff for an alternative program and are given notice of their right to refuse the recommendation. (5 CCR § 11309(b)(3), EC § 311.) (d) Parental exception waivers are acted on within 20 instructional days of submission to the school principal. However, waivers submitted under EC § 311(c) must be acted on either no later than ten calendar days after the expiration of the 30-day English language classroom placement or within 20 instructional days of submission of the waiver, whichever is later. (5 CCR § 11309(c).) 18.2 Parental exception waivers shall be granted unless the school principal and educational staff determines that an alternative program offered at the school would not be better suited for the overall educational development of the pupil. (5 CCR § 11309(b)(4).) 18.3 If a waiver is denied, parents and guardians are informed in writing of the reason(s) for denial and advised that they may appeal the decision to the local board of education if such an appeal is authorized by the local board of education, or to the court. (5 CCR § 11309(d).) 18.4 Each school in which 20 or more pupils of a given grade level receive a waiver shall be required to offer such a class; otherwise they must allow the pupils to transfer to a public school in which such a class is offered. (EC § 310.) 18.5 The IEP team determines placement of each special education student regardless of language proficiency. |
Legal References |
VI-EL 18.4 | Parents are notified of their child's placement in an English language classrom |
Description | VI-EL 18. Parents and guardians of ELs are informed of the placement of their children in an English language classroom and are notified of an opportunity to apply for a parental exception waiver for their children to participate in an alternative program. Generated by CAIS | September 8, 2011 11:05 AM 11 of 14 18.1 LEA procedures for granting parental exception waivers include the following: (a) Parents and guardians are provided, on enrollment and annually, full written, and upon request, spoken descriptions of the structured English immersion program, English language mainstream program, alternative programs, and all educational opportunities available to the pupil. The descriptions of the programs shall include the educational materials to be used in the different options. (5 CCR §11309(a)(b)(1), EC § 310.) (b) Parents and guardians are informed that a pupil must be placed for not less than 30 calendar days in an English-language classroom the first year of enrollment in a California school. (5 CCR § 11309(b)(2), EC § 311.) (c) Parents and guardians are informed of any recommendation by the school principal and educational staff for an alternative program and are given notice of their right to refuse the recommendation. (5 CCR § 11309(b)(3), EC § 311.) (d) Parental exception waivers are acted on within 20 instructional days of submission to the school principal. However, waivers submitted under EC § 311(c) must be acted on either no later than ten calendar days after the expiration of the 30-day English language classroom placement or within 20 instructional days of submission of the waiver, whichever is later. (5 CCR § 11309(c).) 18.2 Parental exception waivers shall be granted unless the school principal and educational staff determines that an alternative program offered at the school would not be better suited for the overall educational development of the pupil. (5 CCR § 11309(b)(4).) 18.3 If a waiver is denied, parents and guardians are informed in writing of the reason(s) for denial and advised that they may appeal the decision to the local board of education if such an appeal is authorized by the local board of education, or to the court. (5 CCR § 11309(d).) 18.4 Each school in which 20 or more pupils of a given grade level receive a waiver shall be required to offer such a class; otherwise they must allow the pupils to transfer to a public school in which such a class is offered. (EC § 310.) 18.5 The IEP team determines placement of each special education student regardless of language proficiency. |
Legal References |
VI-EL 18.5 | Parents are notified of their child's placement in an English language classrom |
Description | VI-EL 18. Parents and guardians of ELs are informed of the placement of their children in an English language classroom and are notified of an opportunity to apply for a parental exception waiver for their children to participate in an alternative program. Generated by CAIS | September 8, 2011 11:05 AM 11 of 14 18.1 LEA procedures for granting parental exception waivers include the following: (a) Parents and guardians are provided, on enrollment and annually, full written, and upon request, spoken descriptions of the structured English immersion program, English language mainstream program, alternative programs, and all educational opportunities available to the pupil. The descriptions of the programs shall include the educational materials to be used in the different options. (5 CCR §11309(a)(b)(1), EC § 310.) (b) Parents and guardians are informed that a pupil must be placed for not less than 30 calendar days in an English-language classroom the first year of enrollment in a California school. (5 CCR § 11309(b)(2), EC § 311.) (c) Parents and guardians are informed of any recommendation by the school principal and educational staff for an alternative program and are given notice of their right to refuse the recommendation. (5 CCR § 11309(b)(3), EC § 311.) (d) Parental exception waivers are acted on within 20 instructional days of submission to the school principal. However, waivers submitted under EC § 311(c) must be acted on either no later than ten calendar days after the expiration of the 30-day English language classroom placement or within 20 instructional days of submission of the waiver, whichever is later. (5 CCR § 11309(c).) 18.2 Parental exception waivers shall be granted unless the school principal and educational staff determines that an alternative program offered at the school would not be better suited for the overall educational development of the pupil. (5 CCR § 11309(b)(4).) 18.3 If a waiver is denied, parents and guardians are informed in writing of the reason(s) for denial and advised that they may appeal the decision to the local board of education if such an appeal is authorized by the local board of education, or to the court. (5 CCR § 11309(d).) 18.4 Each school in which 20 or more pupils of a given grade level receive a waiver shall be required to offer such a class; otherwise they must allow the pupils to transfer to a public school in which such a class is offered. (EC § 310.) 18.5 The IEP team determines placement of each special education student regardless of language proficiency. |
Legal References |
VII-EL 20 | |
Description | Each English learner receives a program of instruction in English language development (ELD) in order to develop proficiency in English as rapidly and effectively as possible. |
Legal References | 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 |
VII-EL 21 | |
Description | Academic instruction for ELs is designed and implemented to ensure that English learners meet the district’s content and performance standards for their respective grade levels in a reasonable amount of time. 21.1 The LEA has implemented a plan to assist all English learners to achieve at high levels in the core academic subjects so that those children can meet the same challenging state academic content and achievement standards all children are expected to meet 21.2 The LEA has developed and is implementing a plan for monitoring and overcoming any academic deficits English learners incur while acquiring English. Actions to overcome academic deficits are taken before the deficits become irreparable. |
Legal References | 20 USC 1703[f], 6312, 6825[c][1][B]; EC 306, 310; 5 CCR 11302[b]; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009-1011]; 20 USC 6812)" |
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