Programs for English Language Learners - OCR Underlying Legal Principles

This KnowledgeBase archive includes content and external links that were accurate and relevant as of September 30, 2019.

This document was prepared by the staff of the Seattle office of the Office for Civil Rights, U.S. Department of Education.

OCR does not require or advocate a particular program of instruction for ELL students and nothing in federal law requires one form of instruction over another. Under federal law, programs to educate children with limited proficiency in English must be: (1) based on a sound educational theory; (2) adequately supported so that the program has a realistic chance of success; and (3) periodically evaluated and revised, if necessary. These three fundamental principles of federal law are discussed below.

First Principle: Selecting the Educational Approach

It is the prerogative of each district to select a specific educational approach to meet the needs of its particular ELL student population. A district may use any educational approach that is recognized as sound by some experts in the field, or an approach that is recognized as a legitimate educational strategy.

Regardless of the educational approach selected by the district, in assessing compliance with Title VI a twofold inquiry applies: (1) whether the approach provides for English language development and (2) whether the approach provides for meaningful participation of ELL students in the district's educational program. OCR encourages districts to develop their own specific program goals. Whether or not such goals are formally developed, OCR requires the program to meet the two-fold requirements of Title VI.

Second Principle: Implementing the Educational Program

Once a district has selected an educational approach, it needs to provide the necessary resources to implement the program. The variations in programs implemented by districts may be as diverse as the populations served by those districts. Feedback from districts that have implemented successful programs indicates the need to describe and document the educational approach in a written plan so staff, administrators and parents understand how the program works.

Third Principle: Program Evaluation

Under federal law, adopting an ELL program with a sound education design is not sufficient if the program as implemented proves ineffective. As a result, a central element of satisfying Title VI requirements regarding services for ELL students is an ongoing evaluation of a district's ELL program.

• Is the program working?
• Are ELL students gaining the proficiency in English that will enable them to participate meaningfully in the district's education program?

If a program is not working effectively, a school district is responsible for making appropriate program adjustments or changes. This requirement is based on the obligation arising from Title VI for a school district to provide ELL students with meaningful opportunities to participate in its educational program.

Benefits of Program Evaluation

ELL program self-evaluations can produce benefits to the district and its stakeholders. Examples of benefits resulting from program self-evaluations that have been reported to OCR from various school districts and other stakeholders include:

• increased stakeholder participation and support. Utilization of available knowledge and expertise as program changes are developed (e.g., teachers, counselors, administrators, parental input, students and various experts).
• assistance to staff in planning districtwide and site-based program improvements.
• concentration of resources on those priorities identified for all students and increased program alignment with the district's overall academic goals.
• maintained or increased accountability for meeting program goals and student outcomes at all levels of the program. Increasing the use of best practices in the classroom.
• contributions to the current and future success of ELL students in the greater community.
• establishment of concrete information and examples of successful program strategies and areas where the program is achieving goals and objectives (e.g., promoting positive community relations).

Source:

Prepared by the staff of the Seattle Office of the Office for Civil Rights, U.S. Department of Education

The contents of this website were developed under a grant from the U.S. Department of Education and are intended for general reference purposes only. However, those contents do not necessarily represent the policy of the U.S. Department of Education or the Center, and you should not assume endorsement by the Federal Government. Some resources on this site require Adobe Acrobat Reader. This website archive includes content and external links that were accurate and relevant as of September 30, 2019.