MJUSD
DIVISION 6000
INSTRUCTION
EDUCATION FOR ENGLISH LANGUAGE LEARNERS
The Governing Board intends to provide English language learners with challenging curriculum and instruction that develops proficiency in English as rapidly and effectively as possible in order to assist students in accessing the full educational program and achieving the District's academic standards. The District's program shall be based on sound instructional theory and shall be adequately supported so that English language learners can achieve results at the same academic level as their English-proficient peers in the regular course of study.
The Board encourages staff to exchange information with staff in other districts and the County Office of Education about programs, options and strategies for English language learners that succeed under various demographic conditions.
The Superintendent or designee shall maintain procedures which provide for the identification, assessment, and placement of English language learners and for their redesignation based on criteria adopted by the Board and specified in administrative regulations.
To evaluate program effectiveness, the Superintendent or designee shall regularly examine program results, including reports of the English language learners' academic achievement, their progress towards proficiency in English and the progress of students who have been redesignated as fluent English proficient. The Superintendent or designee shall annually report these findings to the Board and shall also provide the Board with regular reports from any District or school-wide English learner advisory committees.
Type of Instruction
Students who are English language learners shall be educated through "sheltered English immersion" or "structured English immersion" during a temporary transition period not normally intended to exceed one (1) year. "Nearly all" of the classroom instruction in the District's sheltered English immersion program shall be in English, but with the curriculum and presentation designed for students who are learning the language. (Education Code 305, 306)
When an English language learner has acquired a reasonable level of English proficiency, as measured by any of the state-designated assessments approved by the California Department of Education or any locally developed assessments and using other criteria developed by the District, he/she shall be transferred from a structured English immersion classroom to an English language mainstream classroom in which the instruction is "overwhelmingly" in English. (Education Code 305; 5 CCR 11301)
An English language learner has acquired a "reasonable level of English proficiency" when he/she has achieved the following: An overall proficiency level of intermediate or higher on the California English Language Development Test (CELDT).
Upon the request of his/her parent/guardian, a student shall be placed in an English language mainstream classroom. (5 CCR 11301)
Parental Exception Waivers
At any time during the school year, the parent/guardian of an English language learner may have his/her child moved into an English language mainstream program.
Parent/guardian requests for waivers from Education Code 305 regarding placement in a sheltered English immersion program shall be granted in accordance with law and administrative regulation.
If the Superintendent or designee denies the waiver request, he/she shall provide a written justification to the parent/guardian describing the reasons for the denial. A parent/guardian may appeal the Superintendent's decision in writing to the Board. The Board may consider the matter at its next regular Board meeting. The Board may decide not to hear the appeal, in which case the Superintendent's decision shall be final. If the Board hears the appeal, the Superintendent shall send the Board's decision to the parent/guardian within seven (7) working days.
Legal Reference:
Education Code
300-340 English language education for immigrant children
430-446 English Learner and Immigrant Pupil Federal Conformity Act
33308.5 CDE guidelines not binding
44253.5-44253.10 Certification for bilingual-cross-cultural competence
48985 Notices to parents in language other than English
51101 Rights of parents to information
51101.1 Rights for parents of English learners
52015 Components of school improvement plan
52130-52135 Impacted languages act of 1984
52160-52178 Bilingual Bicultural Act
52180-52186 Bilingual teacher training assistance program
54000-54041 Programs for disadvantaged children
60810-60812 Assessment of language development
62001-62005.5 Evaluation and sunsetting of programs
Code of Regulations, Title 5
4320 Determination of funding to support program to overcome the linguistic difficulties of English learners
11300-11316 English Language Learner Education
11510-11516 California English Language Development Test
United States Code, Title 20
1701-1705 Equal Educational Opportunities Act
6312 Local education agency plans
6801-6871 Title III, Language instruction for limited English proficient and immigrant students
Court Decisions
Valeria G. v. Wilson, (9th Circuit) 2002 U.S. App. Lexis 20956
California Teachers Association et al. v. State Board of Education et al., (9th Circuit, 2001) 271 F.3d 1141
McLaughlin v. State Board of Education, (1999) 75 Cal.App.4th 196
Teresa P. et al v. Berkeley Unified School District et al, (1989) 724 F.Supp. 698
Casteneda v. Pickard, (5th Cir. 1981) 648 F.2d 989
Attorney General Opinions
83 Ops.Cal.Atty.Gen. 40 (2000)
Management Resources:
California Department of Education Resources
Guidelines for Reclassification of English Learners, September 2002
Accommodations for the California English Language Development Test, Revised 8/13/01
First Reading: 3/9/05
Governing Board Adoption: 4/13/05