barbara ginsberg

C e r r i t o s • F r e s n o • I r v i n e • P l e a s a n t o n • R i v e r s i d e • S a c r a m e n t o • S a n D i e g o

What Districts are Doing to Effectively Implement Their ELL Program and Make Progress in Teaching English Language Learners

ACSA’s 2014 Every Child Counts SymposiumMonterey Marriott January 16, 2014 8:30 a.m. to 10:00 a.m.

Presented by: Barbara J. Ginsberg, Esq. Atkinson, Andelson, Loya, Ruud & Romo 12800 Center Court Drive, Suite 300 Cerritos, CA 90703 main 562-653-3200 • fax 562-653-3333 direct 562-653-3847 • fax 562-653-3980 www.AALRR.com

© Copyright 2014

Cerritos Office 12800 Center Court Drive Suite 300 Cerritos, California 90703

(562) 653-3200 Phone(562) 653-3333 Fax www.aalrr.com

C e r r i t o s • F r e s n o • I r v i n e • P l e a s a n t o n • R i v e r s i d e • S a c r a m e n t o • S a n D i e g o

BARBARA J. GINSBERG Senior Associate [email protected] Education Law Experience Barbara J. Ginsberg is a senior associate attorney in the Cerritos and Irvine offices of Atkinson, Andelson, Loya, Ruud & Romo. She represents school and community college districts in all aspects of labor and employment matters, and education law. She is experienced in the areas of: classified and certificated employee evaluation and discipline; statutory leaves; investigating charges of harassment and discrimination; campus police and safety matters; certificated and classified reductions in force; disability accommodation issues; student and employee privacy, search and seizure, and other constitutional issues; drafting board policies; Public Employment Relations Board, Equal Employment Opportunity Commission, California Department of Fair Employment and Housing, Department of Education Office for Civil Rights, California Office of Administrative Hearings, and personnel commission matters, federal and state civil litigation, and negotiations. She regularly provides training on a variety of subjects to management teams, administrators, supervisors, and staff within districts. Prior to joining AALRR in 2000, Ms. Ginsberg spent seven years as a legal advocate for public and private employee unions, including the Association of Orange County Deputy Sheriffs, Riverside Sheriffs Association, Orange County Firefighters Association, Santa Ana Firefighters, and San Bernardino Public Employees Association, and eight years as an advocate for school and community college districts. She additionally served as Deputy City Attorney for the City of Victorville. Education Ms. Ginsberg earned her Bachelor’s degree from the University of California, Irvine and her Juris Doctor from Thomas Jefferson School of Law. Ms. Ginsberg also attended the United States Naval Academy in Annapolis, Maryland. Court admissions 1995, State of California (all courts) United States District Court, Central District and Southern District Memberships State Bar of California Member, California Bar Association, Labor & Employment Law Section Member, Labor & Employment Relations Research Association, Orange County Chapter Member, California Council of School Attorneys

ACSA Every Child Counts Symposium January 16, 2014

© Copyright 2014 Atkinson, Andelson, Loya, Ruud & Romo 1

Cerritos • Fresno • Irvine • Riverside • Pleasanton • Sacramento • San Diego

What Districts are Doing to Effectively Implement Their ELL Program and Make Progress in Teaching English Language Learners

Presented by:

Barbara J. Ginsberg, Esq.

ACSA 2014 Every Child Counts SymposiumJanuary 16, 2014 8:30 a.m. to 10:00 a.m.Monterey Marriott

© Copyright 2014

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AGENDA

CHARACTERISTICS OF DISTRICTS

SUCCESSFULLY MAKING PROGRESS IN ELL INSTRUCTION

• Review the findings of the Great City Schools Report

• Contextual Features• Promising Practices• Limiting Factors

REDESIGNING THE TEACHER

EVALUATION SYSTEM

• Why?• Management Rights vs. Negotiable

Aspects • Steps to Achieving a Collaborative Result

NEW COMMON CORE STATE STANDARDS

• Overview• Application to ELL• Transitioning to Common Core State

Standards



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• Qualitative inquiry into ELL practices of major districts

• Why are ELL students improving in some Districts and not others?

• What strategies are being used to improve ELL achievement and reduce disparities

• Connection between policies, practices, and strategies

Great City Schools Report

October 2009

Studying District Progress


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Limiting Factors

Promising Practices

Contextual Features

Key Common Themes Among Districts

Steps that improving districts took to effectuate district-wide change

Characteristics employed by improving districts

Factors that inhibited quality instruction and support for ELLs



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1. Unified Vision for District Reform• Integration not segregation

• Centralized control, not merely site-specific

• Restructure where needed

• Communicate the vision and rally support

Contextual Features

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2. Leadership and Advocacy on Behalf of ELLs• Strong and aggressive ELL director, curriculum administrator,

superintendent, key board member with clear vision of reform

• Expertise and commitment to quality ELL instruction with high standards for ELL achievement & ability to provide oversight and tools needed to achieve these high standards

• Ability for form strategic partnerships and rally support for reform

• Ability to build a culture of collaboration at District-wide grade levels and encourage collaboration at school-site level

• Maintain presence at school site and community meetings

• Mandate use of student data to assess achievement and improve instruction and services to ELLs

Contextual Features



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3. Leadership and Empowerment of ELL Office• Strong and aggressive ELL director, supported by Superintendent

• Include ELL director in the highest levels of decision making (e.g. Superintendent’s cabinet)

• Provide a healthy budget to pursue ELL reforms

• ELL must have authority to establish district-wide practices and work with other District departments (Curriculum, etc.) to oversee progress

• The more involvement of the ELL director at the highest administrative level, the better ability to support instructional improvement through funding and responsive staff

Contextual Features

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4. External Forces as a Catalyst for Reform • Lawsuits

• Data Collection Mandates

Contextual Features




1. Adopt a District-wide instructional (and organizational) improvement strategy

• Understand the demographics and needs of the ELLs and develop an instructional improvement plan — FOCUS on language acquisition regardless of the model being used

• Make specific efforts to systematically build schools’ capacity to instruct and support ELLs

• Communicate - Engage in community outreach

• Actively engage teachers and administrators

• Enact specific policies and practices for English Language Development and ensure implementation

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Promising Practices


2. Provide Extensive and Continuous Support for Implementation

• Ongoing support and long-term commitment is crucial to success

• Put expectations for site-level implementation in writing

• Have clear systems for monitoring and oversight at the school and classroom levels

• Centralized “tool kit” with planning and pacing guides

• Training of site administrators, teachers and staff

• Accessible mentor/coaching support

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Promising Practices




3. Create a Culture of Collaboration and Shared Accountability

• School-site level collaboration

• Joint professional development sessions between ELL teachers and content area teachers, so teachers understand their role in the education and progress of ELLs

• Put emphasis on school-wide accountability for achievement of ELLs

• Direct support from site administrators to teachers and resources/tools from District Office

• District departments must work together and provide a consistent message of reform

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Promising Practices


4. Provide Strategic School Staffing• Recruit and strategically place qualified

teachers and ELL support staff

• Network of support staff (coaches, specialists, mentor teachers) both at site and district level

• Reallocate teachers so that ELL students may have a succession of qualified teachers

• Use evaluation to weed out poor ELL teachers and hire qualified teachers who share the district’s instructional vision for ELL instruction

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Promising Practices




5. Provide High Quality and Relevant Professional Development

• Provide to both ELL teachers and general education teachers so that a collaborative teaching model can be developed and every subject can be touched across the school. Also, train administrators, so they may coach

• Use most up-to-date research re ELL instruction

• Hands-on professional development (modeling/coaching/feedback) instead of just information transmission

• Train teachers and administrators in the use of student data to diagnose student needs and differentiated instruction

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Promising Practices


6. Effectively Use Student Data• Give teachers and school administrators access

to accurate, timely student assessment data

• Data drives reform

• Targeted instruction for students

• Site improvement

• District improvement

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Promising Practices




7. Reallocate Resources• Ensure ELL funds/resources are being used

for what they are supposed to be used for

• Use funding strategically — hire ELL-specific instructional support staff and provide quality professional development

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Promising Practices

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Greater City Schools Report

Changes in leadership (lack of sustained focus on ELL reform agenda) or lack of long-term leadership support, or constant changes to the reform agendaNo clear district-wide blueprint for ELL instructionLack of access to resourcesLack of collaboration or accountability (site- & district-wide)Lack of centralization of program — little authority given to ELL office to produce instructional strategies, guide implementation, or monitor/oversee progressInconsistency and lack of support – program decisions left to sites/teachers causing varied quality at each siteLack of regular data reporting on ELLs

Limiting Factors (Traits of Unsuccessful Districts)



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Greater City Schools Report

Failure to integrate ELL instruction into core curriculumNo strategy for tracking ELL progressFailure to make assessment data available to schools and teachers in a meaningful, TIMELY wayNo strategic placement of qualified ELL teachers/aidesLack of centrally-defined/supported, meaningful, useful professional development (or failure to require attendance)No joint professional development between ELL and mainstream teachers (and failure to include aides)Failure to use ELL resources for ELL (e.g. aides, money)Compartmentalization of ELL

Limiting Factors (Traits of Unsuccessful Districts)

Recommendations

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1 Develop clear, high academic goals for ELLs and communicate to all stakeholders

2 Incorporate accountability to spur collaboration

3 Empower strong ELL program administrators to oversee implementation of ELL reform and progress

4 Create the political conditions needed to drive/accelerate ELL reform by pursuing community support/buy-in

5 Focus general ed and ELL programs on building academic literacy and language acquisition

6 Track multiple measures of ELL educational progress



Recommendations

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7 Ensure all teachers have high-quality professional development that provides differentiated instructional strategies, promotes the effective use of student assessment data, and develops skills for supporting second-language acquisition across the curriculum

8 Assess policies/provisions for hiring, placing, retaining ELL teachers, paraprofessionals, staff to ensure ELL have access to highly qualified personnel

9 Conduct a comprehensive assessment of the level of access ELLs have to the entire spectrum of district course offerings (including GATE and Special Ed)

10 Audit to ensure resources allocated for ELL are properly expended

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• Developed by Common Core State Standards Initiative

• ELA and Math Standards for K-12 (6/2/10) voluntarily adopted by 45 states plus D.C.

• Define the knowledge, concepts, and skills students should achieve at each grade level (staircased learning progression) to ensure college and career readiness

• Provides consistency across states

• Encourages collaboration and integration across subject matter

Common Core State Standards

(CCSS)



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• All students should be held to the same high expectations

• ELLs may require additional time, appropriate support, and aligned assessments as they acquire English Language Proficiency

• Must diagnose each student instructionally, adjust instruction accordingly, and closely monitor progress

Application of CCSS to ELL Students

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• ELLs must have access at District and site level to well-prepared teachers, qualified to support ELL

• Ongoing modeling and monitoring

• Regular and active participation in the classroom

• Language- and literacy-rich environment

• Meaningful student and teacher assessments

• Access to current and challenging curricula/materials

To Achieve ELL Success in New Standards



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Translate standards to curriculum (see CDE curriculum frameworks for math (11/2013) and ELA (5/2014)

Create a culture of collaboration to develop literacy across content areas

Establish a participatory leadership model

Provide ongoing professional development opportunities related to CCSS and assessments (see professional learning modules from CDE starting summer 2013)

Provide all evaluators with standardized training and monitor the ratings given by evaluators

Look at models of success (Ventura USD – high school)

Transitioning to CCSS

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• To better measure teacher effectiveness

• To provide meaningful professional development and support to improve teacher effectiveness

• To incentivize reform by providing monetary rewards for demonstrated teacher effectiveness

Redesign Teacher

Evaluation System



Redesigning the Teacher Evaluation System

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• Apply for grants/categorical funds (e.g., School Improvement Grant, Teacher Incentive Fund Grant)

• Use start up money to solidify support of union leadership for a redesign of the teacher evaluation system & earmark portion to fund monetary rewards

• District/union jointly visit districts that have implemented a performance pay evaluation system

• Get teachers/union leadership comfortable with idea the redesign can be successful and effective

Step 1: Obtain Grant Money


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• Management right to determine educational goals of District.

• The governing board “shall establish standards of expected pupil achievement at each grade level in each area of study.” (Ed Code § 44662(a).)

• Board shall evaluate & assess teacher performance as it relates to: pupil progress toward board- and State-established standards; teacher instructional techniques and strategies; adherence to curricular objectives; suitability of learning environment. (Ed Code § 44662(b).)

• No limit on board’s authority to “develop and adopt additional evaluation and assessment guidelines or criteria” (Ed Code §44662(f).)

Step 2: Effect Change to Evaluation Instrument



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• Consider creating new form/procedure vs. changes to old form and retention of old system

• Enthusiastic teacher buy-in is critical

• Involve teachers in the process of change since only teachers can improve student performance!

• Phase in new procedures/form through pilot program with an agreed upon sunset date

• Determine test groups

BUT… Changes to Process/Procedures for Evaluation are Negotiable

Steps Through Negotiation

Form an evaluation committee & establish timeline

Evaluation committee works within timeline to make specific recommendations on qualitative and quantitative components for a redesigned evaluation system:

• Include multiple measures for assessing teacher effectiveness (student growth data, local benchmarks, teacher portfolio, etc.)

• Observations based on CA teaching standards and CCSS

• Rating system that differentiates between multiple levels of achievement

• Differentiated professional development support to improve quality of instruction

Evaluation Committee brings recommendations back to bargaining team

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Steps Through Negotiation

Note: Bargaining sessions on evaluation should be separate — not intermingled with negotiations concerning other portions of the contract (takes adversarial nature out of process)

Agree to redesigned evaluation process/form and negotiate the pilot program period and test group

Implement new evaluation system & monitor/discuss

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Also Consider ….

Redesigning Superintendent evaluation to assess effective leadership and accountability related to achievement of reform goals and objectives; include stakeholders feedback


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• Master teacher/Mentor teacher essential at each school

• Provide organized collaborative activities

• Incorporate weekly 60-90 minute group meetings into teaching day to review student assessment data and curriculum and work with Master Teacher

• Establish a community of professional support

Step 3: Provide Support and Professional Development




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• Negotiate performance reward structure

• Fund performance rewards with grant moneyor categorical funds, not general fund money

• Negotiate clear criteria for receiving monetary reward (total score for observations, classroom achievement gains, school achievement gains)

• Consider providing incentives for staffing at needed sites

Step 4: Provide Monetary Recognition for Demonstrated Effectiveness

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SOUND INTERESTING? NEED HELP

EXPLORING THE POSSIBILITIES?

CONTACT AALRR



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Be proactive –

not reactive!

• Get familiar with CCSS• Plan and make systematic changes• Stay committed

Footnotes• Horowitz, A., Uro, G., Price-Baugh, R., Simon, C., Uzzell, R., Lewis, S., Casserly, M. 2009.

Succeeding with English Language Learners: Lessons Learned from the Great City Schools. [report] The Council of the Great City Schools.

• National Governors Association Center for Best Practices, Council of Chief State School Officers. Common Core State Standards. National Governors Association Center for Best Practices, Council of Chief State School Officers, Washington, D.C. (2010).

• Carr, J. and Bertrando, S. 2012. Teaching English Learners and Students with Learning Difficulties in an Inclusive Classroom. San Francisco, Calif.: WestEd.

• WestEd. 2012. Common Core: An Uncommon Opportunity for Low-Performing Students. R&D Report, Vol. 13, No. 2, pp. 3-6.

• Whitlock Robles, J. 2010. Participatory Leadership for English Learner Success. Leadership, Iss. Nov/Dec 2010 pp. 26-29.

• Linquanti, R., and Hakuta, K. How Next Generation Standards and Assessment Can Foster Success for California’s English Learners. Pace Policy Brief 12-1. (July 2012)

• Coleman, R. and Goldenberg, C. 2012. The Common Core Challenge for ELLs. Principal Leadership, pp. 46-51.

• Espinosa, Linda. Challenging Common Myths About Young English Language Learners. FCD Policy Brief No. Eight. (January 2008)

• CDE Common Core Integrated Action Team. 2013. Common Core State Standards Systems Implementation Plan for California. [report] California Department of Education.

• Corestandards.org. n.d.. Common Core State Standards Initiative | Home. [online] Available at: http://www.corestandards.org [Accessed: 18 Jun 2013].



QuestionAnswer

Session

For questions or comments, please contact:

Thank You

Barbara J. Ginsberg, Esq.562-653-3847

[email protected]