Title III: Service to English Language Learners - Campbell County ...

ESL in Tennessee
Title III: Service to English
Language Learners
Meeting Federal
Requirements and Protecting
Civil Rights

Limited English Proficient (LEP)
(1) was not born in the United States or whose native language is a
language other than English and comes from and environment
where a language other than English is dominant; or
(2) is a Native American or Alaska Native or who is a native resident of
the outlying areas and comes from an environment where a
language other than English has had a significant impact on such
individual's level of English language proficiency; or
(3) is migratory and whose native language is other than English and
comes from an environment where a language other that English is
dominant; and has sufficient difficulty speaking, reading, writing, or
understanding the English language and whose difficulties may
deny such individual the opportunity to learn successfully in
classrooms where the language of instruction is English or to
participate fully in our society.

Legal Background
Amendment XIV
Section 1. All persons born or naturalized in the
United States, and subject to the jurisdiction
thereof, are citizens of the United States and of
the state wherein they reside. No state shall make
or enforce any law which shall abridge the
privileges or immunities of citizens of the United
States; nor shall any state deprive any person of
life, liberty, or property, without due process of
law; nor deny to any person within its jurisdiction
the equal protection of the laws.

Legal Background
1964 Title VI of the Civil Rights Act – prohibits
denial of equal access to education because of
limited English proficiency.
1974 Lau v. Nichols – Districts were ordered to
take positive steps to see that educational barriers
were removed for LEP students. The ruling stated
“there is no equality of treatment merely by
providing students with the same facilities,
textbooks, teachers, and curriculum; for
students who do not understand English are
effectively foreclosed from any meaningful
education.”

Legal background continued
Equal Educational Opportunity Act
– 1974
required all academic facilities to follow
Title VI of the Civil Rights Act
Defined acts that constituted denial of
“constitutionally guaranteed equal
education opportunity.”
Granted protection for students from race,
color sex, or national origin discrimination

Legal background
1981 Castaneda v. Pickard – The court
established a 3-part test to evaluate an
ESL program:
Is it based on sound educational theory as
judged by experts in the field
Are resources and personnel calculated
effectively?
Is there evaluation and adjustment made
from the evaluation

Legal background
Plyler v. Doe 1982
States may not deny undocumented
immigrant children a free public
education
School systems are not agents for
enforcing immigration law
Burden is not an accepted argument
for excluding or denying educational
services.

Legal Background
Title III of No Child Left Behind
Holds SEAs, LEAs and schools
accountable for increases in ELP
(AMAOs) and core content (AYP) for
LEP students.
Annual assessment for ELP in 4
domains + comprehension

Annual Measurable Achievement
Objectives - AMAOs
AMAO 1 - % of LEP students making
growth
AMAO 2 - % of LEP students reaching
proficiency
AMAO 3 - % making AYP as in Title I

What are the steps for an ELL
All newly enrolled students’ parents
are given the Home Language Survey
(HLS)
Students who have a language other
than English listed are assessed with
the Tennessee English Language
Placement Assessment

When do I administer the
TELPA?
If enrolled before school begins, you
have 30 days to administer and begin
services
If enrolled after school begins, you
have 2 days.
Service should begin immediately.

What amount of time must ELs
be serviced?
TELPA 1 and/or ELDA 1 or 2 require
an hour per day minimum
TELPA 2 or ELDA 3 has some
flexibility
TELPA 3 or ELDA 5 are exited
TELPA 4 is for the district to
determine.

How do I know if a ELDA 4
needs to be exited?
Look at performance in class
Look at grades
Look at test scores
Look at psychological factors, cultural
adaptation, etc.

Inclusion
Push in vs. inclusion
For appropriate level of ESL
Look at silent period, cultural
adaptation

Pull out
Least effective
What classes can you pull from
Who owns the grades and test scores

Questions
Comments

Contact Information
Jan Lanier – ESL Coordinator/Title III
Consultant for the Department of
Education, State of Tennessee.
Phone = 615-532-6314
E-mail = jan.lanier@tn.gov
Fax = 615-253-5706