Instruction
Board Policy No. 6174
Policy adopted: February 6, 2020
Revised: May 30, 2024
EDUCATION OF ENGLISH LANGUAGE LEARNERS
The Board of Trustees intends to provide English learners with challenging curriculum and instruction that maximize the attainment of high levels of proficiency in English, advance multilingual capabilities, and facilitate student achievement in the district's regular course of study.
English learners shall be provided differentiated English language development instruction which is targeted to their English proficiency level. Such instruction shall be based on sound instructional theory, be aligned
with state content standards, emphasize inquiry-based learning and critical thinking skills, and be integrated across all subject areas.
No middle or high school student who is an English learner shall be denied enrollment in any of the following: (Education Code 60811.8)
1. Courses in the core curriculum areas of reading/language arts, mathematics, science, and history/social science, courses required to meet state and local high school graduation requirements, or courses required for middle school grade promotion
However, an English learner who has been enrolled in a school in the United States for less than 12 months or is enrolled in a program designed to develop the basic English skills of newly arrived immigrant students may be denied participation in any such course, if the course of study provided to the student is designed to remedy academic deficits incurred during participation and reasonably calculated to enable the student to attain parity of participation in the standard instructional program within a reasonable length of time after the student enters the school system.
2. A full course load of courses specified in Item #1 above
3. Other courses that meet the "A-G" course requirements for college admission or are advanced courses such as honors or Advanced Placement courses, on the sole basis of the student's classification as an English learner
The district shall identify in its local control and accountability plan (LCAP) goals and specific actions and services to enhance student engagement, academic achievement, and other outcomes for English learners.
The Superintendent or designee shall encourage parent/guardian and community involvement in the development and evaluation of programs for English learners. The Superintendent or designee may also provide an English development literacy training program for parents/guardians and community members so that they may better support students' English language development.
Staff Qualifications and Training
The Superintendent or designee shall ensure that all staff employed to teach English learners possess the appropriate authorization from the Commission on Teacher Credentialing.
The district shall provide effective professional development to teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), administrators, and other school or community-based organization personnel to improve the instruction and assessment of English learners and enhance staff's ability to understand and use curricula, assessment, and instructional strategies for English learners. Such professional development shall be of sufficient intensity and duration to produce a positive and lasting impact on teachers' performance in the classroom. (20 USC 6825)
Staff development shall also address the sociocultural needs of English learners and provide opportunities for teachers to engage in supportive, collaborative learning communities.
Identification and Assessment
The Superintendent or designee shall maintain procedures for the early identification of English learners and an assessment of their proficiency using the English Language Proficiency Assessments for California (ELPAC). To oversee test administration, the Superintendent or designee shall annually designate a district ELPAC coordinator and a site coordinator for each test site in accordance with 5 CCR 11518.40-11518.45.
Once identified as an English learner, a student shall be annually assessed for language proficiency until the student is reclassified based on criteria specified in the accompanying administrative regulation.
In addition, English learners' academic achievement in English language arts, mathematics, science, and any additional subject required by law shall be assessed using the California Assessment of Student Performance and Progress. As necessary, the test shall be administered with testing variations in accordance with 5 CCR 853. English learners who are in their first 12 months of attending a school in the United States shall be exempted from taking the English language arts assessment to the extent allowed by federal law. (Education Code 60603, 60640; 5 CCR 853)
Formative assessments may be utilized to analyze student performance and appropriately adapt teaching methodologies and instructions.
Language Acquisition Programs
The district shall offer research-based language acquisition programs that are designed to ensure English acquisition as rapidly and as effectively as possible and that provide instruction to students on the state-adopted academic content standards, including the English language development standards.
(Education Code 306; 5 CCR 11300)
At a minimum, the district shall offer a structured English immersion program which includes designated and integrated English language development. In the structured English immersion program, nearly all of the classroom instruction shall be provided in English, but with the curriculum and presentation designed for students who are learning English. (Education Code 305-306; 5 CCR 11309)
For the purpose of determining the amount of instruction to be conducted in English in the structured English immersion program, "nearly all" means that all classroom instruction shall be conducted in English except for clarification, explanation, and support as needed.
In addition, language acquisition programs offered by the district may include, but are not limited to, the following: (Education Code 305-306)
1. A dual-language immersion program that provides integrated language learning and academic instruction for native speakers of English and native speakers of another language, with the goals of high academic achievement, first and second language proficiency, and cross-cultural understanding
2. A transitional or developmental program for English learners that provides literacy and academic instruction in English and a student's native language and that enables an English learner to achieve English proficiency and academic mastery of subject matter content and higher order thinking skills,
including critical thinking, in order to meet state academic content standards
The district's language acquisition programs for grades K-3 shall comply with class size requirements specified in Education Code 42238.02. (Education Code 310)
In establishing the district's language acquisition programs, the Superintendent or designee shall consult with parents/guardians and the community during the LCAP development process. The Superintendent or
designee shall also consult with administrators, teachers, and other personnel with appropriate authorizations and experience in establishing a language acquisition program. (Education Code 305)
At the beginning of each school year or upon a student's enrollment, parents/guardians shall be provided information on the types of language acquisition programs available to students enrolled in the district, including, but not limited to, a description of each program, the process to be followed in making a program selection, identification of any language to be taught in addition to English when the program includes instruction in another language, and the process to request establishment of a language acquisition program. (Education Code 310; 5 CCR 11310)
Whenever a student is identified as an English learner based on the results of the ELPAC, the student's parents/guardians may choose a language acquisition program that best suits their child. To the extent possible, any language acquisition program requested by the parents/guardians of 30 or more students at the school or by the parents/guardians of 20 or more students at any grade level shall be offered by the school. (Education Code 310; 5 CCR 11311)
Until July 1, 2029, the Superintendent or designee may, with Board approval, and as specified in BP 5117 - Interdistrict Attendance, enter into an instruction collaboration agreement (ICA) with another school district, county office of education, or charter school to offer the same or similar courses and coursework to students who have been impacted by teacher shortages, disruptions, or cancellations, or teacher shortages to dual language immersion programs. (Education Code 48345)
Reclassification
When an English learner is determined based on state and district reclassification criteria to have acquired a reasonable level of English proficiency pursuant to Education Code 313 and 52164.6, or upon request by the student's parent/guardian, the student shall be transferred from a language acquisition program into an English language mainstream classroom.
Program Evaluation
To evaluate the effectiveness of the district's educational program for English learners, the Superintendent or designee shall report to the Board, at least annually, regarding:
1. Progress of English learners towards proficiency in English
2. The number and percentage of English learners reclassified as fluent English proficient
3. The number and percentage of English learners who are or are at risk of being classified as long-term English learners in accordance with Education Code 313.1
4. The achievement of English learners on standards-based tests in core curricular areas
5. For any language acquisition program that includes instruction in a language other than English, student achievement in the non-English language in accordance with 5 CCR 11309
6. Progress toward any other goals for English learners identified in the district's LCAP
7. A comparison of current data with data from at least the previous year in regard to Items #1-6 above
8. A comparison of data between the different language acquisition programs offered by the district
The Superintendent or designee shall also provide the Board with regular reports from any district or schoolwide English learner advisory committees.
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for
the board to enact this policy. Instead, they are provided as additional resources for those interested in the
subject matter of the policy.
State Code,
5 CCR 11300-11316, English learner education
5 CCR 11510-11517.5, California English Language Development Test
5 CCR 11517.6-11519.5, English Language Proficiency Assessments for California
5 CCR 853, Administration of CAASPP
5 CCR 854.9, CAASPP and unlisted resources for students with disabilities
Ed. Code 200, Prohibition of discrimination
Ed. Code 300-340, English language education for immigrant children
Ed. Code 310, Language acquisition programs
Ed. Code 313-313.5, Assessment of English proficiency
Ed. Code 33050, Nonwaivable provisions
Ed. Code 42238.02, Local Control Funding Formula
Ed. Code 430-446, English Learner and Immigrant Pupil Federal Conformity Act
Ed. Code 44253.1-44253.11, Qualifications of teachers of English learners
Ed. Code 48345, Interdistrict instruction collaboration agreements
Ed. Code 48980, Parent/Guardian notifications
Ed. Code 48985, Notices to parents in language other than English
Ed. Code 52052, Accountability; numerically significant student subgroups
Ed. Code 52060-52077, Local control and accountability plan
Ed. Code 52160-52178, Bilingual Bicultural Act of 1976
Ed. Code 56305, CDE manual on English learners with disabilities
Ed. Code 60603, Definition; recently arrived English learner
Ed. Code 60640, California Assessment of Student Performance and Progress
Ed. Code 62002.5, Continuation of advisory committee after program sunsets
Federal Code,
20 USC 1412, State eligibility
20 USC 1701-1721, Equal Educational Opportunities Act
20 USC 6311, State plan
20 USC 6312, Local educational agency plan
20 USC 6801-7014, Limited English proficient and immigrant students
20 USC 7801, Definition of English learner
34 CFR 100.3, Prohibition of discrimination on basis of race, color or national origin
Management Resources,
Attorney General Opinion, 83 Ops.Cal.Atty.Gen. 40 (2000)
California Department of Education Publication, Summative English Language Proficiency Assessments for
California, Assessment Fact Sheet, July 2023
California Department of Education Publication, Englisher Learner, Federal Program Monitoring
Instrument
California Department of Education Publication, Monitoring Reclassified Students, December 2019
California Department of Education Publication, California Practitioners’ Guide for Educating English
Learners with Disabilities, 2019
California Department of Education Publication, English Language Proficiency Assessments for California
Information Guide, July 2023
California Department of Education Publication, California Digital Learning Integration and Standards
Guidance, May 2021
California Department of Education Publication, Reclassification Guidance for 2020-21 and Statewide
Testing Window Extension, CDE Correspondence, June 14, 2021
California Department of Education Publication, Integrating the CA ELD Standards into K-12 Mathematics
and Science Teaching and Learning, December 2015
California Department of Education Publication, Accessibility Resources Matrix, 2022
California Department of Education Publication, Next Generation Science Standards for California Public
Schools, Kindergarten through Grade Twelve, rev. March 2015
California Department of Education Publication, English Language Development Standards for California
Public Schools: Kindergarten Through Grade Twelve, 2012
California Department of Education Publication, California English Learner Roadmap: Strengthening
Comprehensive Educational Policies, Programs and Practices for English Learners, 2017
California Department of Education Publication, Common Core State Standards for Mathematics, 2013
California Department of Education Publication, English Language Arts/English Language Development
Framework for California Public Schools: Kindergarten through Grade Twelve, 2014
Commission on Teacher Credentialing Publication, Bilingual Authorization Educator Preparation
Preconditions, Program Standards, and Bilingual Teaching Performance Expectations, December 2021
Court Decision, Valeria O. v. Davis (2002) 307 F.3d 1036
Court Decision, California Teachers Association v. State Board of Education et al. (9th Circuit, 2001) 271
F.3d 1141
Court Decision, McLaughlin v. State Board of Education (1999) 75 Cal.App.4th 196
Court Decision, Teresa P. et al v. Berkeley Unified School District et al (1989) 724 F.Supp. 698
CSBA Publication, English Learners in Focus, Issue 3: Ensuring High-Quality Staf for English Learners,
Governance Brief, July 2016
CSBA Publication, English Learners in Focus, Issue 4: Expanding Bilingual Education in California after
Proposition 58, Governance Brief, March 2017
CSBA Publication, English Learners in Focus: The English Learner Roadmap: Providing Direction for
English Learner Success, Governance Brief, February 2018
CSBA Publication, English Learners in Focus, Issue 1: Updated Demographic and Achievement Profile of
California's English Learners, Governance Brief, September 2016
CSBA Publication, English Learners in Focus, Issue 2: The Promise of Two-Way Immersion Programs,
Governance Brief, September 2014
The Education Trust- West Publication, Unlocking Learning: Science as a Lever for English Learner Equity,
January 2017
The Education Trust- West Publication, Unlocking Learning II: Math as a Lever for English Learner Equity,
March 2018
U.S. Department of Education Publication, English Learners and Title III of the Elementary and Secondary
Education Act (ESEA), as Amended by the Every Student Succeeds Act (ESSA), September 2016
U.S. Department of Education Publication, English Learner Tool Kit for State and Local Educational
Agencies (SEAs and LEAs), rev. November 2016
U.S. Department of Education Publication, Innovative Solutions for Including Recently Arrived English
Learners in State Accountability Systems: A Guide for States, January 2017
U.S. Department of Education Publication, Dear Colleague Letter: English Learner Students and Limited
English Proficient Parents, January 7, 2015
Website, California Department of Education, English Language Proficiency Assessments for California
(ELPAC)
Website, California Digital Learning Integration and Standards Guidance
Website, CSBA District and County Of ice of Education Legal Services
Website, National Clearinghouse for English Language Acquisition
Website, The Education Trust-West
Website, California Department of Education, English Learners
Website, California Association for Bilingual Education
Website, CSBA
Website, U.S. Department of Education
Cross References,
0200, Goals For The School District
0415, Equity
0420, School Plans/Site Councils
0420, School Plans/Site Councils
0460, Local Control And Accountability Plan
0460, Local Control And Accountability Plan
0470, COVID-19 Mitigation Plan
1220, Citizen Advisory Committees
1220, Citizen Advisory Committees
3100, Budget
3100, Budget
4112.22, Staf Teaching English Learners
4131, Staff Development
4231, Staff Development
4331, Staff Development
5020, Parent Rights And Responsibilities
5020, Parent Rights And Responsibilities
5126, Awards For Achievement
5126, Awards For Achievement
5148, Child Care And Development
5148, Child Care And Development
5148.3, Preschool/Early Childhood Education
5148.3, Preschool/Early Childhood Education
6000, Concepts And Roles
6011, Academic Standards
6020, Parent Involvement
6020, Parent Involvement
6120, Response To Instruction And Intervention
6141, Curriculum Development And Evaluation
6141, Curriculum Development And Evaluation
6142.1, Sexual Health And HIV/AIDS Prevention Instruction
6142.1, Sexual Health And HIV/AIDS Prevention Instruction
6142.2, World Language Instruction
6142.2, World Language Instruction
6142.91, Reading/Language Arts Instruction
6151, Class Size
6152.1, Placement In Mathematics Courses
6152.1, Placement In Mathematics Courses
6159, Individualized Education Program
6159, Individualized Education Program
6161.1, Selection And Evaluation Of Instructional Materials
6161.1, Selection And Evaluation Of Instructional Materials
6161.1-E(1), Selection And Evaluation Of Instructional Materials
6161.11, Supplementary Instructional Materials
6162.5, Student Assessment
6162.51, State Academic Achievement Tests
6162.51, State Academic Achievement Tests
6164.5, Student Success Teams
6164.5, Student Success Teams
6164.6, Identification And Education Under Section 504
6164.6, Identification And Education Under Section 504
6170.1, Transitional Kindergarten
6171, Title I Programs
6171, Title I Programs
6172, Gifted And Talented Student Program
6172, Gifted And Talented Student Program
6173, Education For Homeless Children
6173, Education For Homeless Children
6173-E(1), Education For Homeless Children
6173-E(2), Education For Homeless Children
6173.1, Education For Foster Youth
6173.1, Education For Foster Youth
6173.2, Education Of Children Of Military Families
6173.2, Education Of Children Of Military Families
6175, Migrant Education Program
6175, Migrant Education Program
6190, Evaluation Of The Instructional Program