introduction to bilingual education: legal issues, texas education agency guidelines, models and...

Introduction to Bilingual Education:Legal Issues, Texas Education Agency

Guidelines, Models and Research

A Training Module

The Institute for Second Language The Institute for Second Language Achievement (ISLA)Achievement (ISLA)

Texas A&M University-Corpus ChristiTexas A&M University-Corpus ChristiMay 2006May 2006

IntroductioIntroductionnIntroductioIntroductionn

I.I. The Evolution of Bilingual EducationThe Evolution of Bilingual Education

II.II. State DemographicsState Demographics

III.III. Bilingual Education MandatesBilingual Education Mandates

IV.IV. State’s Current Policy, 19 TAC Chapter State’s Current Policy, 19 TAC Chapter

8989

V.V. Program ModelsProgram Models

VI.VI. The Texas Successful Schools Study The Texas Successful Schools Study

[8/2000][8/2000]

VII.VII. Examples Of Non Compliance CitationsExamples Of Non Compliance Citations

The Evolution of Bilingual Education


Early BeginningsEarly Beginnings

The method of instruction for the language minority The method of instruction for the language minority students was English immersion, which has come to students was English immersion, which has come to be known as the sink or swim approach.be known as the sink or swim approach.

Texas school districts followed the national norm Texas school districts followed the national norm regarding the education of Mexican American regarding the education of Mexican American children resulting in over-representation of these children resulting in over-representation of these language minority students placed in mental language minority students placed in mental retardation classes of special education.retardation classes of special education.

Teachers were prohibited in the Texas Penal Code Teachers were prohibited in the Texas Penal Code of 1925 from teaching in a language other than of 1925 from teaching in a language other than English.English.



Early Beginnings Early Beginnings (cont’d.)(cont’d.)

English only policy was repealed with the passage English only policy was repealed with the passage of the state law making bilingual education of the state law making bilingual education permissive in 1969.permissive in 1969.

In Texas, corporal punishment continued to be In Texas, corporal punishment continued to be administered to Mexican American children who administered to Mexican American children who were caught speaking Spanish in the classrooms were caught speaking Spanish in the classrooms or the playground.or the playground.

Stemming from an array of lawsuits against states Stemming from an array of lawsuits against states by civic organizations and legal advocacy groups, by civic organizations and legal advocacy groups, the need and right to bilingual education became the need and right to bilingual education became a national and state political and educational a national and state political and educational issue.issue.

The Evolution of Bilingual The Evolution of Bilingual EducationEducationThe Evolution of Bilingual The Evolution of Bilingual EducationEducation

Language Minority Students -Language Minority Students -Language Other Than English [LOTE]Language Other Than English [LOTE]

The term language minority has been usedfor children or students who come from

householdswhere the language spoken or heard is other than

English.

The U. S Census and other federal reports compiled accept

the number of language minority persons as different

from the number of White and African American persons

who are viewed as English-speaking.

The Evolution of Bilingual EducationThe Evolution of Bilingual Education

Limited English Speaking Ability [LESA]Limited English Speaking Ability [LESA]

The enactment of the The enactment of the Bilingual Education Act of 1968 Bilingual Education Act of 1968

gave birth to another classification gave birth to another classification of language minority students. of language minority students. This classification represented This classification represented

the student population who were the student population who were limited English speaking ability or LESA.limited English speaking ability or LESA.

The Evolution of Bilingual EducationThe Evolution of Bilingual Education

Limited English Proficient [LEP]Limited English Proficient [LEP]This term surfaced with subsequent amendments to This term surfaced with subsequent amendments to the Bilingual Education Act of 1968 by Congress. It the Bilingual Education Act of 1968 by Congress. It has been the official term used in Texas since June has been the official term used in Texas since June 19811981

English Language Learner [ELL]English Language Learner [ELL]This term surfaced in recent research studies and This term surfaced in recent research studies and articles on second language learning. It is not a articles on second language learning. It is not a formal classification of studentsformal classification of students

State DemographicsState Demographics Enrollment Trends [Overall]Enrollment Trends [Overall]

The figures above show a change from 51%The figures above show a change from 51% minority in 1991-92 to 54% in 1995-96, minority in 1991-92 to 54% in 1995-96, making Texasmaking Texas a majority-minority public school population. a majority-minority public school population.

Hispanic enrollment accounted for the most Hispanic enrollment accounted for the most significantsignificant growth with an increase of three percentage growth with an increase of three percentage points.points.

Students 1991-92 1995-96 Gains

White 1,697,869 (49%) 1,739,613 (46%) 41,744 (2%)

Hispanic 1,192,063 (34%) 1,375,896 (37%) 183,833 (15%)

African American 495,658 (14%) 536,386 (14%) 40,728 (8%)

Asian/Native American 78,781 (2%) 96,272 (3%) 17,491 (22%)

TOTALS3,464,371

(100%)3,748,167

(100%) 283,796 (8%)

Enrollment Trends [Language Enrollment Trends [Language Minority]Minority]

When the actual increase of 283,796 students is analyzed by ethnicity, the figures show a very different picture.

White students represented only 15% of the new student enrollment; Hispanics accounted for 65% of the new student growth.

State DemographicsState Demographics

Enrollment Trends [Language Minority]Enrollment Trends [Language Minority]

White 41,724 (15%)

Hispanic 183,833 (65%)

African American 40,728 (14%)

Asian/Native American 17,491 (6%)

TOTAL 283,796 (100%)


Hispanic and Asian/Native American represented approximately 70% of all new growth over the four

year period, while English-speaking students, e.g., White and African American only represent 29% of the new

enrollment.

Grade Levels Impacted by Enrollment Grade Levels Impacted by Enrollment GrowthGrowth

Analysis revealed that Texas public schools Analysis revealed that Texas public schools experienced experienced

an increase of 44 percent in the LEP population. an increase of 44 percent in the LEP population.

It is important to note that 77 percent It is important to note that 77 percent

of the 158,794 new LEP students of the 158,794 new LEP students

were enrolled in elementary grades in 1997-98.were enrolled in elementary grades in 1997-98.


Implications of Rapid GrowthImplications of Rapid Growth

In numerous districts, the required program mandate can surface from one year to the next. These districts are lacking the teachers, funding and materials to address the linguistic needs of the LEP studentsExceptions are requested in great numbersIn 1997-98, over 40,000 of the state’s LEP students in the elementary grades were reported in exceptions to the bilingual education program


Teacher Diversity and Teacher Diversity and AvailabilityAvailability

The total number of teachers in our The total number of teachers in our public schools for the four-year public schools for the four-year period went from 212,563 in 1991-period went from 212,563 in 1991-92 to 240,593 in 1995-96. 92 to 240,593 in 1995-96.

This represents an increase of This represents an increase of 28,030 new teachers hired in the 28,030 new teachers hired in the public schools across all grade public schools across all grade levels.levels.



When the actual increase of 28,030 When the actual increase of 28,030 new teachers is analyzed, the new teachers is analyzed, the figures show a very different ethnic figures show a very different ethnic picture. picture.

White 18,541 (66%)Hispanic 7,115 (25%)African American 1,420 (5%)Asian/Native American 954 (3%)TOTAL 28,030 (100%)




Student Totals Student Totals Teacher TotalsTeacher Totals

for 1995-96 for 1995-96 for 1995- for 1995-9696White 41,724 (15%) 18,541 (66%)Hispanic 183,833 (65%) 7,115 (25%)African Am. 40,728 (14%) 1,420 (5%)Asian/Native Am. 17,491 (6%) 954 (3%)

TOTALTOTAL 283,796 (100%) 28,030 (100%)

Teacher Diversity and AvailabilityTeacher Diversity and Availability


Approximately 95 percent of the total number of teachers assigned to non-bilingual classrooms in Grades 1-6 were certified for the assignment in 95-96.

For bilingual classrooms only 59 percent of the teachers assigned to the LEP population in Grades 1-6 were certified for the assignment.

Bilingual Education Mandates

Title VI of the Civil Rights Act of 1964Title VI of the Civil Rights Act of 1964

The U. S. Congress passed this legislation which The U. S. Congress passed this legislation which prohibited discrimination on the basis of race, prohibited discrimination on the basis of race, color, or national origin. color, or national origin.

The full force of the law applies to federal The full force of the law applies to federal grantees, e.g., entities that receive federal funds.grantees, e.g., entities that receive federal funds.

In Texas, OCR conducts compliance monitoring In Texas, OCR conducts compliance monitoring using the rules and regulations promulgated by using the rules and regulations promulgated by the commissioner of education to educate the LEP the commissioner of education to educate the LEP population.population.



Title VII of the Elementary and Title VII of the Elementary and SecondarySecondary

Education Act of 1968Education Act of 1968

The first official federal recognition of the needs The first official federal recognition of the needs of LESA students came about with the enactment of LESA students came about with the enactment of Title VII of the Elementary and Secondary of Title VII of the Elementary and Secondary Education Act (ESEA) of 1968.Education Act (ESEA) of 1968.

Title VII attempted to remedy civil rights Title VII attempted to remedy civil rights violations in school districts throughout the violations in school districts throughout the country by encouraging instruction in a language country by encouraging instruction in a language other than Englishother than English

The Bilingual Education Act became Title III of the The Bilingual Education Act became Title III of the No Child Left Behind Act of 2001.No Child Left Behind Act of 2001.



OCR National Origin MemorandumOCR National Origin Memorandum

The U. S. Office of Civil Rights issued the historic The U. S. Office of Civil Rights issued the historic May 25, 1970 National Origin Memorandum to May 25, 1970 National Origin Memorandum to school districts with more than five percent school districts with more than five percent National Origin-Minority Group Children.National Origin-Minority Group Children.

The Memorandum required school districts The Memorandum required school districts receiving federal funds toreceiving federal funds to::

Rectify the language deficiency in order to open its instructional program to LESA students

Not assign students to classes for the mentally retarded on the basis of criteria which essentially measure or evaluate English language skills

Design any ability grouping or tracking system …to deal with special language skill needs and not operate as an educational dead-end or permanent track

Notify national origin-minority group parents of school activities in a language other than English

Conduct a self-assessment and submit a corrective action plan to remedy these practices



Lau vs. Nichols

Under the Supreme Court ruling of Lau v. Nichols in 1974, the San Francisco Unified School district was ordered by the Court to fashion (provide) appropriate relief that would discontinue the denial of “a meaningful opportunity to participate in the public educational program, …subject to Court approval.”

The Lau raised the nation’s consciousness for the need of bilingual education, and generated more lawsuits favorable to bilingual education.

The Court found that OCR had correctly interpreted the Civil Rights Act of 1964.



Equal Education Opportunity Act of Equal Education Opportunity Act of 19741974

Under this law, a violation of equal educational opportunity includes a disparate or different impact and not just discriminatory intent.

The wording of the law obliged all school districts, and not only those receiving federal funds, to comply with Title VI of the Civil Rights Act.



Lau RemediesLau Remedies

The Department of Health, The Department of Health, Education and Welfare distributed Education and Welfare distributed the Lau Remedies in 1975.the Lau Remedies in 1975.

The Lau Remedies required school The Lau Remedies required school districts to submit a voluntary Civil districts to submit a voluntary Civil Rights compliance plan if they had Rights compliance plan if they had 20 or more students of the same 20 or more students of the same language group.language group.



Bilingual Education Legislation in TexasBilingual Education Legislation in Texas

The first bilingual education bill is credited to the 61st The first bilingual education bill is credited to the 61st Texas Legislature for passing House Bill 103 in May 1969.Texas Legislature for passing House Bill 103 in May 1969.

This law allowed school districts to provide bilingual This law allowed school districts to provide bilingual education through Grade 6.education through Grade 6.

The scope of the laws include:The scope of the laws include:

Senate Bill 121 passed by the 63rd Legislature as the Texas Bilingual Education and Training Act of 1973 applied only to Grade 1 the first year, but required one grade be added each succeeding year until bilingual education was offered in all elementary grades through Grade 6.

House Bill 1126 was passed in 1975 and included an amendment to the Bilingual Education Act that added kindergarten to the mandatory program, but removed Grades 4-6.

Senate Bill 477 was passed in June 1, 1981 in response to Civil Action 5281, a court decree by Judge William Wayne Justice in January 1981.



Civil Action 5281Civil Action 5281

Judge William Wayne Justice wrote that the Judge William Wayne Justice wrote that the state plan was “wholly inadequate” and that state plan was “wholly inadequate” and that the state discriminated against Mexican the state discriminated against Mexican American children, in violation of the equal American children, in violation of the equal protection clause of the 14th Amendment of protection clause of the 14th Amendment of the U. S. Constitution.the U. S. Constitution.

The state was ordered to produce a The state was ordered to produce a compliance plan within 60 days by March 9, compliance plan within 60 days by March 9, 1981.1981.

Order called for bilingual education beginning Order called for bilingual education beginning with K-5 in 1981-82 and adding the remainder with K-5 in 1981-82 and adding the remainder of the grades through grade 12 by 1985-86.of the grades through grade 12 by 1985-86.

Appeal by the Texas Attorney General to the Appeal by the Texas Attorney General to the 5th U.S. Circuit Court in July5th U.S. Circuit Court in July



Civil Action 5281 Civil Action 5281 (cont’d.)(cont’d.)

The 5th District Court stayed Judge Justice’s The 5th District Court stayed Judge Justice’s order and sent it back to Judge Justice for him order and sent it back to Judge Justice for him to take a look at his ruling.to take a look at his ruling.

Beginning with the 1981-82 school year, school Beginning with the 1981-82 school year, school districts had to comply with the provisions of districts had to comply with the provisions of Senate Bill 477, the Texas law on bilingual Senate Bill 477, the Texas law on bilingual education that is still in effect today—May education that is still in effect today—May 2006.2006.

Senate Bill 477 is perhaps one of the most Senate Bill 477 is perhaps one of the most comprehensive state laws that protect the comprehensive state laws that protect the rights of limited English proficient students rights of limited English proficient students (LEP) and their parents.(LEP) and their parents.

Judge William Wayne Justice has maintained Judge William Wayne Justice has maintained perpetual jurisdiction over Civil Action 5281.perpetual jurisdiction over Civil Action 5281.



Senate Bill 477Senate Bill 477

Senate Bill 477 adopted some of the provisions found in Judge Justice’s order including the establishment of LPACs.

LEP students must meet specific criteria before exiting the bilingual education or ESL program. Exited students have to be monitored for academic progress.

The bill authorized the commissioner of education to grant school districts an exception to the mandatory program of bilingual ed.



Title IIITitle III

Part A—English Language Part A—English Language Acquisition, Language Enhancement, Acquisition, Language Enhancement, and Academic Achievement Act of the and Academic Achievement Act of the No Child Left Behind Act of 2001No Child Left Behind Act of 2001

The original and first Bilingual Education Act of 1968 was subsumed in the No Child Left Behind Act of 2001 as Title III.

Title III became a formula grant.

Title III funds may be used to implement a program for restructuring, reforming, and upgrading all relevant programs, within the district as a whole.


State’s Current Policy, 19 TAC Chapter 89

Policy and Implementing Policy and Implementing RegulationsRegulations

The state’s policies regarding bilingual The state’s policies regarding bilingual education and ESL are codified in the education and ESL are codified in the Texas Texas Education CodeEducation Code—Law Bulletin as §29.051 —Law Bulletin as §29.051 thru 29.064. thru 29.064.

The implementing regulations that The implementing regulations that correspond to the state law are distributed correspond to the state law are distributed by the Texas Education Agency as : by the Texas Education Agency as : Chapter 89 Adaptations for Special Chapter 89 Adaptations for Special Populations SubChapter BB. Populations SubChapter BB. Commissioner’s Rules Concerning State Commissioner’s Rules Concerning State Plan for Education of Limited English Plan for Education of Limited English Proficient Students.Proficient Students.

State’s Current Policy, 19 TAC Chapter 89

DefinitionsDefinitions

The law defines a LEP student as, “…a student The law defines a LEP student as, “…a student whose primary language is other than English whose primary language is other than English and whose English language skills are such and whose English language skills are such that the student has difficulty performing that the student has difficulty performing ordinary classwork in English.” [TEC §29.052] ordinary classwork in English.” [TEC §29.052]

Under the provisions of Subchapter C. Under the provisions of Subchapter C. Compensatory Education Programs, a LEP Compensatory Education Programs, a LEP student is further defined as a “…student at student is further defined as a “…student at risk of dropping out of school…” [TEC risk of dropping out of school…” [TEC §29.081(d)]§29.081(d)]

State’s Current Policy, 19 TAC Chapter 89 State’s Current Policy, 19 TAC Chapter 89

When is Bilingual Education or ESL When is Bilingual Education or ESL required?required?

The state policies require school districts The state policies require school districts

in Texas to offer a bilingual education in Texas to offer a bilingual education program program

in PreK-5 whenever 20 or more LEP students, in PreK-5 whenever 20 or more LEP students,

of the same language group other than of the same language group other than English, English,

are identified in the same grade level are identified in the same grade level

on a district-wide basis.on a district-wide basis.


When is Bilingual Education or ESL When is Bilingual Education or ESL required?required?

For LEP students identified in Grades 6-12, the district must offer a special language program, which has been interpreted to mean an English as a second language (ESL) program.

Districts that have at least one, but not more than 20, LEP students enrolled in any one grade level are required to offer an ESL program to all LEP students in Grades PreK-12 regardless of language group(s).


Exceptions and WaiversExceptions and Waivers

The state policy has a provision for an The state policy has a provision for an exception to the bilingual education exception to the bilingual education program for school districts that do not program for school districts that do not have a sufficient number of bilingual have a sufficient number of bilingual certified teachers to offer the required certified teachers to offer the required program. program.

An exception may be for one or more grade An exception may be for one or more grade levels, or for one or more campuses as may levels, or for one or more campuses as may be justified. The exception is approved for be justified. The exception is approved for one year at a time based on the efforts the one year at a time based on the efforts the district will take to eliminate the need for district will take to eliminate the need for an exception the subsequent school year.an exception the subsequent school year.


Exceptions and Waivers Exceptions and Waivers (cont’d.)(cont’d.)

In 1996, 84 of the 246 school districts requested In 1996, 84 of the 246 school districts requested an exception. Approximately 40,000 LEP were an exception. Approximately 40,000 LEP were affected by the exceptions and not offered affected by the exceptions and not offered bilingual education. bilingual education.

The provisions for waivers are found in the The provisions for waivers are found in the commissioner’s rules. The waivers are for the ESL commissioner’s rules. The waivers are for the ESL certification requirements, and not for approval certification requirements, and not for approval not to offer the required ESL program in PreK-12. not to offer the required ESL program in PreK-12.

Districts requesting waivers must identify the Districts requesting waivers must identify the teachers who will be enrolled in a university teachers who will be enrolled in a university training program leading to ESL certification and training program leading to ESL certification and the anticipated date of completion.the anticipated date of completion.


Program Content—Method of Program Content—Method of InstructionInstruction

Districts are required to provide the required bilingual Districts are required to provide the required bilingual education and ESL program with appropriate education and ESL program with appropriate modifications, pacing and materials. modifications, pacing and materials.

Students enrolled in the bilingual education program Students enrolled in the bilingual education program may demonstrate mastery of the TEKS in either their may demonstrate mastery of the TEKS in either their home language or English.home language or English.

The bilingual program shall be a fulltime program that The bilingual program shall be a fulltime program that is offered as an integral part of the regular educational is offered as an integral part of the regular educational program.program.

The students’ home language, Spanish, or for other The students’ home language, Spanish, or for other languages, and English shall be used as mediums of languages, and English shall be used as mediums of instruction.instruction.


Program Content—Method of Instruction Program Content—Method of Instruction (cont’d.)(cont’d.)

The required ESL program shall be designed to develop The required ESL program shall be designed to develop proficiency in the comprehension, speaking, reading and proficiency in the comprehension, speaking, reading and composition (writing) in the English language.composition (writing) in the English language.

The amount of instructional time to be devoted to each The amount of instructional time to be devoted to each language shall be aligned with each LEP student’s level of language shall be aligned with each LEP student’s level of proficiency in each language, and their level of academic proficiency in each language, and their level of academic achievement.achievement.

Districts must use state-adopted English and Spanish textbooks Districts must use state-adopted English and Spanish textbooks and instructional materials as curriculum tools.and instructional materials as curriculum tools.

Bilingual education and the ESL program shall offer Bilingual education and the ESL program shall offer developmentally appropriate instruction to address the affective, developmentally appropriate instruction to address the affective, linguistic and cognitive needs of the LEP students.linguistic and cognitive needs of the LEP students.


Enrollment of StudentsEnrollment of Students

Parents of each student who enrolls in a Texas public school for the first time in Grades PreK-8, including student transfers from out of state, must complete a home language survey

New students enrolling for the first time in Grades 9-12 may complete their own home language survey

Districts required to offer bilingual education programs must assess students with an agency approved oral language proficiency test (OLPT) in Spanish in Grades PreK-5, and in English in Grades PreK-12.


Enrollment of Students Enrollment of Students (cont’d.)(cont’d.)

Students in an ESL program must be assessed Students in an ESL program must be assessed with an oral language proficiency test (OLPT) with an oral language proficiency test (OLPT) in English in Grades PreK-12. in English in Grades PreK-12.

All students must be assessed with an agency All students must be assessed with an agency approved norm-referenced test (NRT) in the approved norm-referenced test (NRT) in the reading and language arts sections in Grades reading and language arts sections in Grades 2-12, upon enrollment in a school district.2-12, upon enrollment in a school district.

All students shall be classified as Beginner, All students shall be classified as Beginner, Intermediate, Advanced or Advanced High Intermediate, Advanced or Advanced High according to their scores on each of the OLPTs.according to their scores on each of the OLPTs.


Facilities and ClassesFacilities and Classes

The bilingual education and ESL The bilingual education and ESL programs shall be offered in the regular programs shall be offered in the regular facilities of the school district.facilities of the school district.

Enrollment of Students Who Do Not Have Enrollment of Students Who Do Not Have Limited English ProficiencyLimited English Proficiency

A district may enroll Non-LEP students in the bilingual education or ESL program provided that the number of Non-LEP students does not exceed 40 percent of the total number of students (LEP and Non-LEP) enrolled in the program.


Assignment of Teachers to a Assignment of Teachers to a ProgramProgram

Teachers assigned to the bilingual Teachers assigned to the bilingual education program and teachers education program and teachers assigned to the ESL program shall be assigned to the ESL program shall be appropriately certified for the program appropriately certified for the program by the State Board of Educator by the State Board of Educator Certification.Certification.


Compliance with StatuteCompliance with Statute

Areas subject to monitoring for Areas subject to monitoring for compliance by the Texas Education compliance by the Texas Education Agency and/or the Office for Civil Rights Agency and/or the Office for Civil Rights include:include:

Program content and designProgram coverageIdentification proceduresClassification proceduresStaffingLearning materialsTesting materials

Compliance visits may include desk Compliance visits may include desk audits and accountability reviewsaudits and accountability reviews


Language Proficiency Assessment Language Proficiency Assessment CommitteesCommittees

Districts shall “establish and operate a sufficient number of LPACs to enable them to discharge their duties…”

Membership shall consist of a bilingual education teacher, an ESL teacher, a parent of a participating LEP student in the bilingual education program and a campus administrator.

The LPAC shall consist of a campus administrator, and ESL teacher and a parent of a LEP student participating in the ESL program.


Language Proficiency Assessment Language Proficiency Assessment CommitteesCommittees(cont’d.)(cont’d.)

LPAC responsibilities and duties:LPAC responsibilities and duties:designate the language proficiency level of each LEP designate the language proficiency level of each LEP studentstudentdesignate the academic level of each LEP studentdesignate the academic level of each LEP studentnotify and explain the benefits of the program to the notify and explain the benefits of the program to the parents and solicit parental approvalparents and solicit parental approvaldesignate, subject to parental approval, the initial designate, subject to parental approval, the initial instructional placement of each LEP studentinstructional placement of each LEP studentfacilitate and coordinate the participation of LEP facilitate and coordinate the participation of LEP students in other special programsstudents in other special programsclassify students as English proficient in accordance classify students as English proficient in accordance with exiting criteria with exiting criteria determining the appropriate assessment option for determining the appropriate assessment option for LEP students on the TAKS test LEP students on the TAKS test maintaining records of LPAC meetings and all maintaining records of LPAC meetings and all deliberations on every LEP studentdeliberations on every LEP studentmonitor the academic progress of former LEP students monitor the academic progress of former LEP students for two yearsfor two years


Program ModelsProgram ModelsProgram ModelsProgram ModelsThe type of program, e.g., bilingual, dual The type of program, e.g., bilingual, dual language or ESL, should depend on the language or ESL, should depend on the linguistic and academic needs of the LEP linguistic and academic needs of the LEP population.population.

The success of the program will depend on The success of the program will depend on the assessment component of that program.the assessment component of that program.

The Texas Successful Schools Study shows The Texas Successful Schools Study shows that an effective program must implement:that an effective program must implement:

continuous assessmentcontinuous assessmentdetermine LEP students’ success by monitoring determine LEP students’ success by monitoring literacy in both languagesliteracy in both languagesassess the use of each language for basic assess the use of each language for basic communication as well as for learningcommunication as well as for learningmodify instruction according to the continuous modify instruction according to the continuous assessmentassessmentassess both oral (linguistic) and written (cognitive) assess both oral (linguistic) and written (cognitive) proficiency in both languagesproficiency in both languages

Program Models Program Models (cont’d.)(cont’d.)Program Models Program Models (cont’d.)(cont’d.)

A transitional bilingual program is one which A transitional bilingual program is one which provides appropriate instruction in both the provides appropriate instruction in both the primary language and English and facilitates primary language and English and facilitates the transition from LEP to Non-LEP status.the transition from LEP to Non-LEP status.

School districts have the option to design and School districts have the option to design and implement value-added programsimplement value-added programs

The dual language program is still another The dual language program is still another alternative program that districts may offer alternative program that districts may offer in place of a transitional program.in place of a transitional program.

The ESL program may vary from one period of The ESL program may vary from one period of ESL to every LEP student in every grade level ESL to every LEP student in every grade level to an intensified offering that is based on the to an intensified offering that is based on the language and academic levels of the LEP language and academic levels of the LEP students.students.

Program Models (cont’d.)Program Models Program Models (cont’d.)(cont’d.)

Bilingual EducationBilingual Education

A bilingual education program must have both A bilingual education program must have both components to meet the test of the state components to meet the test of the state policy.policy.

Districts have designed transitional time and Districts have designed transitional time and treatment frameworks to focus on a process treatment frameworks to focus on a process that utilizes both languages in all grade levels that utilizes both languages in all grade levels and in all areas of the curriculum.and in all areas of the curriculum.

Program Models Program Models (cont’d.)(cont’d.)Program Models Program Models (cont’d.)(cont’d.)

Bilingual Education Bilingual Education (cont’d.)(cont’d.)

Language CategorySpanish L1

(PLI)English L2

(ESL)

Beginner (English)80 to 90% in all coresubjects

10 to 20% in all coresubjects

Intermediate (English)

40 to 50%

in all core

subjects, focus

on literacy

50 to 60%

in all core

subjects with ESL sheltered content

instruction

Advanced (English)

10 to 20%

in primary language cognitive

development in language arts

80 to 90%

in language arts

until evidence of literacy is evident,

or exit criteria

is met

NOTE:NOTE: The ratio of English LThe ratio of English L22 to the first language L to the first language L11 gradually increases as gradually increases as the LEP student progresses from one language category to the next.the LEP student progresses from one language category to the next.

Program Models (cont’d.)

Bilingual Education Bilingual Education (cont’d.)(cont’d.)

It is important to note that the variation in time and treatment It is important to note that the variation in time and treatment takes place between language categories, and not with each takes place between language categories, and not with each grade level.grade level.

A LEP student normally will take two years to move from a A LEP student normally will take two years to move from a Beginner category in English to an Intermediate category.Beginner category in English to an Intermediate category.

Districts that are required to offer a bilingual education Districts that are required to offer a bilingual education program must staff the program with certified bilingual program must staff the program with certified bilingual education and ESL teachers.education and ESL teachers.

Districts should develop a comprehensive evaluation plan.Districts should develop a comprehensive evaluation plan.

Limited English proficient students may demonstrate mastery Limited English proficient students may demonstrate mastery of the state standards in Spanish or English.of the state standards in Spanish or English.

Program Models (cont’d.)


Dual Language ImmersionDual Language Immersion

A dual language program is not required A dual language program is not required under the state policies for bilingual under the state policies for bilingual education, but it is an acceptable approach education, but it is an acceptable approach to educating LEP students.to educating LEP students.

Dual language programs are enrichment Dual language programs are enrichment education programs that foster language education programs that foster language equity and are organized with the goals of equity and are organized with the goals of bilingualism and biliteracy for all children.bilingualism and biliteracy for all children.


English as a Second LanguageEnglish as a Second LanguageEnglish as a second language programs must be English as a second language programs must be offered in one of two situations.offered in one of two situations.

The state policies on ESL are basically those that The state policies on ESL are basically those that apply to a bilingual education program.apply to a bilingual education program.

In Grades 9-12, ESL instruction may be provided In Grades 9-12, ESL instruction may be provided in any of the courses or electives required for in any of the courses or electives required for promotion or graduation.promotion or graduation.

The ESL program shall focus the instruction on The ESL program shall focus the instruction on the affective, linguistic and cognitive needs of the affective, linguistic and cognitive needs of the LEP students in every grade level.the LEP students in every grade level.

The state policies require that the amount of time The state policies require that the amount of time devoted to ESL instruction must be greater for devoted to ESL instruction must be greater for the Beginner LEP student than it is for the the Beginner LEP student than it is for the Intermediate student and the Advanced student.Intermediate student and the Advanced student.


English as a Second Language English as a Second Language (cont’d.)(cont’d.)Elementary levelElementary level

Beginner Student: student receives Beginner Student: student receives mainstream English instruction in art, music, mainstream English instruction in art, music, and PE, and sheltered ESL instruction (three-and PE, and sheltered ESL instruction (three-fourths to the entire instructional day) in all fourths to the entire instructional day) in all core subjects.core subjects.

Intermediate Student: student receives Intermediate Student: student receives mainstream English instruction in art, music, mainstream English instruction in art, music, and PE, and sheltered ESL instruction (one-and PE, and sheltered ESL instruction (one-half to three-fourths of the instructional day) half to three-fourths of the instructional day) in science or social studies and language arts.in science or social studies and language arts.

Advanced Student: student receives Advanced Student: student receives mainstream English instruction in art, music, mainstream English instruction in art, music, and PE, and sheltered ESL instruction (one-and PE, and sheltered ESL instruction (one-fourth to one-half of the instructional day) in fourth to one-half of the instructional day) in language arts.language arts.


English as a Second Language English as a Second Language (cont’d.)(cont’d.)Secondary Level

Beginner Student: student receives a minimum of three periods to full-day of sheltered ESL instruction in language arts, science or social studies and math.

Intermediate Student: student receives a minimum of two periods of sheltered ESL instruction in language arts and science or social studies.

Advanced Student: student receives a minimum of one period of sheltered ESL instruction in language arts.

The Texas Successful Schools Study: Quality Education For LEP Students


BackgroundBackground

The commissioner of education The commissioner of education established the Commissioner’s established the Commissioner’s Educational Research Initiative. Educational Research Initiative.

The Texas Successful Schools Study The Texas Successful Schools Study (Study), was one of the research projects (Study), was one of the research projects approved as part of the Commissioner’s approved as part of the Commissioner’s Educational Research Initiative for 1998-Educational Research Initiative for 1998-99.99.

Purpose of the StudyPurpose of the Study

The purpose of the Study was to The purpose of the Study was to discern what factors and practices discern what factors and practices contributed to the academic contributed to the academic success of the LEP students.success of the LEP students.



Scope of the StudyScope of the Study

The research questions included:The research questions included:

What are the district leadership practices that What are the district leadership practices that facilitate academic and linguistic growth/success facilitate academic and linguistic growth/success for language minority students?for language minority students?

What are the campus leadership practices that What are the campus leadership practices that facilitate academic and linguistic growth/success facilitate academic and linguistic growth/success for language minority students?for language minority students?

What are the characteristics of the teaching staff What are the characteristics of the teaching staff that facilitate academic and linguistic that facilitate academic and linguistic growth/success for language minority students?growth/success for language minority students?



Scope of the StudyScope of the Study

The research questions included:The research questions included:

What are the effective teaching practices that What are the effective teaching practices that facilitate academic and linguistic facilitate academic and linguistic growth/success for language minority growth/success for language minority students?students?

What are the characteristics of parents and What are the characteristics of parents and parental involvement on the seven campuses?parental involvement on the seven campuses?

What are the characteristics of program(s) What are the characteristics of program(s) serving language minority students?serving language minority students?



Criteria for Participation in the StudyCriteria for Participation in the Study

The seven Study sites had to meet The seven Study sites had to meet established criteria that included the established criteria that included the following school characteristics:following school characteristics:

Schools enrolled more than 40 percent LEP students during the 1996-97 school year

School enrolled more than 50 percent economically disadvantaged students during the 1996-97 school year, and

Schools had zero TAAS exemptions during the 1996-97 school year



Criteria for Participation in the Study, cont’dCriteria for Participation in the Study, cont’d

The seven schools and respective school districts that The seven schools and respective school districts that participated in the Successful Schools Study were:participated in the Successful Schools Study were:

Bowie Elementary, Pharr-San Juan-Alamo ISD—Pharr, Bowie Elementary, Pharr-San Juan-Alamo ISD—Pharr, TexasTexasClover Elementary, Pharr-San Juan-Alamo ISD—Pharr, Clover Elementary, Pharr-San Juan-Alamo ISD—Pharr, TexasTexasCampestre Elementary, Socorro ISD—El Paso, TexasCampestre Elementary, Socorro ISD—El Paso, TexasCastañeda Elementary, Brownsville ISD—Brownsville, Castañeda Elementary, Brownsville ISD—Brownsville, TexasTexasKelly Elementary, Hidalgo ISD—Hidalgo, TexasKelly Elementary, Hidalgo ISD—Hidalgo, TexasLa Encantada Elementary, San Benito CISD—San Benito, La Encantada Elementary, San Benito CISD—San Benito, TexasTexasScott Elementary, Roma ISD—Roma, TexasScott Elementary, Roma ISD—Roma, Texas



Findings of the StudyFindings of the Study

The academic performance of 3rd grade LEP The academic performance of 3rd grade LEP students in the seven Study campuses significantly students in the seven Study campuses significantly exceeded the performance of 3rd grade LEP exceeded the performance of 3rd grade LEP students in the cohort comparison group in external students in the cohort comparison group in external campusescampuses

The academic performance of former LEP students in The academic performance of former LEP students in the 5th grade in the seven Study campuses the 5th grade in the seven Study campuses exceeded the performance of former LEP students in exceeded the performance of former LEP students in 5th grade in the cohort comparison group in external 5th grade in the cohort comparison group in external campusescampuses

The most significant difference in 5th grade The most significant difference in 5th grade academic performance between former LEP students academic performance between former LEP students in the seven Study campuses and former LEP in the seven Study campuses and former LEP students in the cohort of external campuses was students in the cohort of external campuses was noted when students had been in the bilingual noted when students had been in the bilingual education program for 5 and 6 yearseducation program for 5 and 6 years



Findings of the Study Findings of the Study

In the In the Late-ExitLate-Exit model at Bowie model at Bowie Elementary, the exiting of LEP students Elementary, the exiting of LEP students was more evident in Grade 4 and Grade was more evident in Grade 4 and Grade 5, after students had been in the bilingual 5, after students had been in the bilingual education program for 6 and 7 yearseducation program for 6 and 7 years

Transition to all-English instruction was Transition to all-English instruction was not evident for LEP students in the not evident for LEP students in the “Beginner” level“Beginner” level

The program offering for LEP students The program offering for LEP students was enhanced by coordinating different was enhanced by coordinating different funding categoriesfunding categories




85 percent of the teachers were trained in 85 percent of the teachers were trained in bilingual methods, trained in language bilingual methods, trained in language assessment, knowledgeable of the benefits of assessment, knowledgeable of the benefits of second language learning, and confident in their second language learning, and confident in their training to address the needs of LEP studentstraining to address the needs of LEP students

Bilingual education was provided to the LEP Bilingual education was provided to the LEP students as integral parts of the regular school students as integral parts of the regular school program in all seven Study sitesprogram in all seven Study sites

The Study sites implemented the appropriate The Study sites implemented the appropriate program by focusing on the affective, linguistic program by focusing on the affective, linguistic and cognitive domainsand cognitive domains




Although all of the seven Study sites Although all of the seven Study sites reported a teacher:pupil ratio above the reported a teacher:pupil ratio above the state average in 1997-98, six of the Study state average in 1997-98, six of the Study sites were rated as “exemplary” and one sites were rated as “exemplary” and one was rated “recognized”.was rated “recognized”.

LEP students were classified as English LEP students were classified as English proficient, e.g., Non-LEP when meeting all proficient, e.g., Non-LEP when meeting all of the required exit criteria as found in the of the required exit criteria as found in the state policiesstate policies




The training that teachers felt had the most The training that teachers felt had the most impact on their professional development impact on their professional development was the training when the district brought was the training when the district brought in “experts in the field” of bilingual in “experts in the field” of bilingual education or other curriculum areas. Staff education or other curriculum areas. Staff development provided by district staff was development provided by district staff was ranked second followed by university ranked second followed by university training.training.

Teacher preparation, staff training and Teacher preparation, staff training and administrative support were ranked by administrative support were ranked by teachers as the three top factors that teachers as the three top factors that contributed to LEP student success.contributed to LEP student success.



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