Mt. Diablo USD
Board Policy
Education For English Learners

BP 6174 
Instruction

The Governing Board intends to provide English learners with challenging curriculum and instruction that develop 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 learners can achieve results at the same academic level as their English-proficient peers.

Identification, Assessment, Placement and Reclassification

The Superintendent or designee shall maintain procedures which provide for the identification, assessment and placement of English learners; and for their reclassification to fluent-English proficient based on the following multiple reclassification criteria:

1.  At least early-advanced proficiency in speaking, listening, reading, and writing English, as measured by the state's English language development test

2.  A score of at least mid-point basic on the English Language Arts California Standards Tests multi-tiered approach to demonstrate academic skills in meeting criteria. 
    a. Elementary: Curriculum Associates, Practice & Mastery Test, Benchmark 4, score of 52%
    b. Secondary (Grades 6-9): CST Language Arts, 325 scale score (mid-point basic)
    c. Secondary (Grades 10-12): High School Exit Exam, passing score of 368

3.  Success in classroom English language arts and mathematics instruction, as indicated by teacher grades:  "approaching proficiency" on the elementary report card and a "C" or better on the secondary report card

Parents/guardians shall receive notice and a description of the reclassification process, including notice of their right to participate in the process. Parent/guardian participation in the process shall be encouraged.

Program Evaluation

To evaluate program effectiveness, the Superintendent or designee shall regularly examine program results, including reports of the English learners' academic achievement, their progress towards proficiency in English and the progress of students who have been reclassified as fluent English proficient. The Superintendent or designee shall annually report these findings to the Board.

The Superintendent or designee shall ensure that there is a mechanism for using program evaluation results to improve program implementation and to modify the program, as needed, to support each English learner's language and academic success.

To assure that the district program for English learners is in full compliance with state and federal laws, the Superintendent or designee shall regularly monitor school implementation of district English learner program guidelines.

Types of Instruction

The district shall provide appropriate supplemental educational services to English learners in kindergarten through grade twelve in all classroom situations.  The purpose of these services is to enable English learners to overcome language barriers.  These services must be provided until English learners have demonstrated English language proficiency comparable to that of the district's average native English speakers and recouped any academic deficits that may have been incurred in other areas of the core curriculum.

All English learners shall be placed in English-language classrooms unless a parental exception waiver has been granted for an alternative program.

English learners at the beginner through intermediate levels of English proficiency, as measured by the state's English language development test, shall be educated through "structured English immersion".  "Nearly all" of the classroom instruction through structured English immersion shall be in English, with curriculum and presentation designed for students who are learning English.

The district defines "nearly all" instruction in English as follows.  Instruction provided through structured English immersion shall be in English, but with up to 40 percent of the required minutes of instruction permitted in a student's primary language.

An English learner who has reached at least the early-advanced level of English proficiency, as measured by the state's English language development test, has acquired "a good working knowledge of English".  The student shall receive English language mainstream instruction, supported by appropriate supplementary services that are designed to help the student swiftly meet the district's reclassification criteria.

Upon the request of his/her parent/guardian, an English learner shall be placed in English language mainstream instruction.

Parental Exception Waivers

The requirement for placement in structured English immersion instruction may be waived with the prior written informed consent of the student's parents or guardian.  Such informed consent shall require that the parent or guardian visit the school to apply annually for the waiver. Upon requesting the waiver, the parent/guardian shall be provided a full description of the educational materials to be used in the different educational program choices and of all the educational opportunities available to the student.  Under such parental waiver conditions, students may be transferred to classes where they are taught English and other subjects through bilingual education techniques.

Parent/guardian requests for waivers shall be granted in accordance with law and administrative regulation.

Staffing and Professional Development

The district shall ensure that all teaching personnel assigned to provide English language development and other core content instruction to English learners are qualified to provide instructional services to English learners.

Parental Advisement

The district and school sites, as required, shall have functioning English learner advisory committees that meet all legal requirements.

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
52130-52135  Impacted languages act of 1984
52160-52178 Bilingual Bicultural Act
52180-52186  Bilingual teacher training assistance program
54000-54028  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
11510-11517 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 PUBLICATIONS
Guidelines for Reclassification of English Learners, September 2002
Accommodations for the California English Language Development Test, Revised 8/13/01
WEB SITES
CDE:  http://www.cde.ca.gov
CSBA:  http://www.csba.org

Policy	MT. DIABLO UNIFIED SCHOOL DISTRICT
adopted:  January 9, 2007	Concord, California