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Policy IHBEA
Table of Contents
Section 1. Legal Foundation for Providing Effective Educational Services to Multilingual Learners 4
Section 2. Multilingual Learner Identification 5
English Language Proficiency (ELP) Screeners 6
Parent/Guardian Notification and Rights 6
Section 3. Development of Individualized Language Acquisition Programs 7
General Service Provision Guidelines 7
Individual Language Acquisition Plan (ILAP) 9
Multilingual Learners and Special Education 9
Immigrants and International Students 10
Section 4. Meaningful and Equitable Access to Academic and Extracurricular Programs 10
Section 5. Equitable Personnel, Facilities, and Materials 11
Section 6. Administration of Annual English Language Proficiency Assessment 11
Section 7. Exit and Monitoring 12
Section 8. Ongoing Program Evaluation 12
Section 9. Meaningful Communication with Parents/Guardians 13
Section 1. Legal Foundation for Providing Effective Educational Services to Multilingual Learners
South Portland School Department (SPSD) welcomes students and families from all linguistic and cultural backgrounds. We recognize the rich contributions multilingual and multicultural students and families bring to our school community and acknowledge the benefit to our broader community when the educational needs of all students are met.
Further, we acknowledge that it is the responsibility of SPSD to adhere to all federal and state guidelines in providing equal educational opportunities to all students. The Lau Plan outlines the measures SPSD will take to ensure that our multilingual learners* (MLs) are afforded high-quality, effective educational programming, and equitable access to all curricular and extracurricular programs offered by SPSD, in accordance with the following federal laws and Supreme Court decisions:
*SPSD uses the asset-based term “multilingual learner” to refer to students with a primary/home language other than (or in addition to) English who are not yet proficient in English. The Maine Department of Education also uses this term, whereas the US Department of Education uses “English learner” to refer to such students.
Federal Laws
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of national origin in programs or activities which receive federal financial assistance.
Equal Education Opportunities Act of 1974 prohibits states from denying equal educational opportunity to an individual on account of his or her race, color, sex or national origin. The statute specifically prohibits states from denying equal educational opportunity by the failure of an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs.
Elementary and Secondary Education Act (ESEA), reauthorized in 2015 as the Every Student Succeeds Act (ESSA), holds state educational agencies, local educational agencies, and schools accountable for increases in English language proficiency and core academic content knowledge of MLs. It requires states to implement yearly student academic assessments that include, at minimum, academic assessments in mathematics and reading or language arts. Title I of the ESEA also requires that states provide for an annual assessment of English language proficiency (listening, speaking, reading, writing, and comprehension in English) of all students identified as MLs in schools served by the state.
Supreme Court Decisions
Lau vs. Nichols (1974) ruled that providing the same access to curriculum, instruction and materials for MLs as is provided to English dominant students is not, in effect, equitable.
Plyler vs. Doe (1981) ruled that all students in public schools must be appropriately served, including any students who may not be documented as legal immigrants.
Castañeda vs. Pickard (1981) ruled that schools must take “appropriate action” to address the needs of MLs as required by the EEOA. The Castañeda standard mandates that programs for MLs must be (1) based on sound educational theory, (2) implemented effectively with sufficient resources and personnel, and (3) evaluated to determine whether they are effective in helping students overcome language barriers.
Section 2. Multilingual Learner Identification
Legal Basis: Section 3111, Elementary and Secondary Education Act of 1965
In accordance with ESEA requirements, all MLs must be identified within 30 days of enrolling in school. For students enrolling at the start of the school year, parents/guardians must be notified of ML identification within that 30-day period. For students enrolling after the start of the school year, parents/guardians must be notified within two weeks of ML identification.
SPSD follows the monitoring and reidentification guidelines as stated in Maine DOE Administrative Letter 20 and Guidance on Determining English Learner Status. At any time after exiting, students may be rescreened and reentered into ML status if no longer proficient in English.
Policies and Procedures
Action Required by Federal Law and/or State Policy
Specific Procedure and Responsible Position
Administration of the Maine DOE Language Use Survey
As outlined within Administrative Letter #27, the Language Use Survey is administered to the parent/guardian of every student (pre-kindergarten through twelfth grade) enrolling in a South Portland school for the first time. The Language Use Survey is included within the SPSD online registration system. If any question is answered with a language other than English, the student is administered an English language proficiency screener.
Translation/interpretation provided to parents/guardians
When a family requires interpretation/translation for completing the online registration, either an on-staff multilingual specialist or a phone/in-person interpreter is contacted. School staff are trained annually on the process for securing translation/interpretation.
Referral of all potential MLs for screening
When a potential ML enrolls, school staff notify multilingual office and/or ESOL teachers to initiate screening and intake.
Administration of English language proficiency (ELP) screener
Multilingual staff and/or ESOL staff administer the appropriate ELP screener within the required time frame. See chart below for details.
Development of individualized program of services
Upon first enrollment in a US school, a thorough intake interview is administered to the student and family to inform the student’s placement and services. A Language Acquisition Committee reviews the student’s Individual Language Acquisition Plan (ILAP) at least annually.
English Language Proficiency (ELP) Screeners
SPSD follows the Maine Multilingual Learner Identification and Placement Guidance, which requires* the following screeners and thresholds:
Grade
ELP Screener
Identification Threshold
pre-K
preLAS*
(Maine DOE policy permits school administrative units to select their own pre-K ELP screener and threshold.)
75 (oral domains only)
1st semester K
WIDA Screener for Kindergarten
Oral language level 4.5
2nd semester K/
1st semester 1st grade
WIDA Screener for Kindergarten
Overall composite proficiency level 4.5
2nd semester 1st grade through 12th grade
WIDA Screener Online
Overall composite proficiency level 4.5
Parent/Guardian Notification and Rights
If a student is identified as in need of ESOL services, the parents/guardians should be notified no later than 30 days after the beginning of the school year or within 30 days of the child’s placement in the program, in accordance with the requirements of ESEA. Parents/guardians should be invited to attend and participate in all meetings pertaining to their child and should be notified of all school activities called to the attention of other families.
Parents/guardians have the right to refuse ESOL services for their child. A parent who does not want their child to have ESOL services is required to sign a Notice for Parent/Guardian Wishing to Decline ESOL Services, which is then placed in the student’s permanent record. However, if a parent/guardian refuses ESOL services, meaningful education must still be provided. When a parent/guardian refuses ESOL services, the refusal of ESOL services must be documented, but it does not release the school from its responsibility for providing meaningful education to the ML. If refusal of ESOL services denies an ML access to a meaningful education, this violates the student’s rights. A parent/guardian cannot refuse “education” and if a student cannot access education without ESOL services, then the school must support the academic learning of the student. If an ESOL program is necessary in order to ensure academic progress, then ESOL services must be provided.
Further, even if parents refuse services, all identified MLs must still participate in the annual ACCESS for ELLs assessment. Students and families who refuse services or assessment must have a conversation with a building administrator and ESOL teacher or coordinator to review the student’s rights and the responsibilities of the school to educate and assess the student.
Section 3. Development of Individualized Language Acquisition Programs
General Service Provision Guidelines
Proficiency
Program Type
Amount/Frequency
Level 1 - Beginning
Intensive English Language Development (IELD)
2 class periods/day
Level 2 - Entering
IELD
2 class periods/day
Level 3 - Developing
Cognitive Academic Language Support (CALS)
1 class period/day
Level 4-4.5 - Expanding
CALS
1 class period/day
Overview of Programming
Programming is designed by ESOL staff, in collaboration with other staff, to meet the needs of each individual student, taking into consideration all aspects of their learner profile. The general service provision amount/frequency above are used as a guideline, but amount/frequency of service varies to meet individual student needs. The ESOL staff will collaborate with grade-level content teachers and other service providers to determine the instructional combination of services deemed most appropriate for each learner. All MLs must be provided with ESOL services that enable them to meaningfully access the curriculum in order to meet grade-level standards. English language development and content area knowledge are to be acquired simultaneously rather than consecutively. MLs are entitled to ELD services until exiting by demonstrating English language proficiency on ACCESS for ELLs/Alternate ACCESS for ELLs.
ESOL services are to be provided in a way that minimizes the isolation of MLs from the general student population and encourages MLs to participate in all aspects of the school program, including advanced coursework, career and technical education, gifted and talented programs, and extracurricular activities.
Within the two general program types (IELD and CALS), MLs may receive services in one or a combination of the following models:
Small group ELD instruction: an approach that focuses on explicit English language teaching, using the four domains of reading, writing, listening and speaking. The curriculum teaches the academic language needed to access grade-level content.
Sheltered content-based instruction: an approach that integrates English language instruction with content learning, using English as a medium to learn mathematics, science, social studies, and other academic subjects. Some courses are offered in a co-taught model, drawing on the strengths of content teachers and ESOL specialists. Key concepts and vocabulary are aligned with English language proficiency levels.
Co-teaching and in-classroom support: an inclusionary delivery model that allows MLs to remain in a mainstream instructional setting, with language and content instructed explicitly and simultaneously. Through this model, students have two teachers, a grade-level content expert as well as an ESOL expert, who strategically plan content and language goals to ensure students have equitable access to both content and language development. Accommodations to the regular curriculum are supported by appropriate instructional materials and the teaching team may use scaffolds and gradual release to build towards grade level content understanding as well as the assurance that students demonstrate progress within the Language Development Standards of each content area.
Collaborative Cycle: To ensure students have continued access to grade level content and language development standards, ML Case Managers will use the collaboration cycle to develop curriculum and instruction to ensure that multilingual learners have “meaningful learning experiences and equitable high quality education”. South Portland Schools are committed to using the Collaborative Cycle, as outlined in the May 25th, 2021 Priority Notice. MLs are instructed in English at all times and are expected to meet grade appropriate academic achievement standards with minimal ESOL supports.
Individual Language Acquisition Plan (ILAP)
Each student’s ILAP will outline a personalized action plan for language development. The ILAP is created by the student’s team of educators and is updated annually. Each year, the ILAP is shared with individual students, parents/guardians and staff directly working with the student. The ILAP is a useful resource which assists all teachers with understanding and effectively meeting the individual student’s needs in terms of: English proficiency levels, Can Do Descriptors, language goals, modifications, and accommodations.
Multilingual Learners and Special Education
SPSD is committed to providing equity for all students, from early intervention, response to intervention, referral and identification of services. Through a robust Multi-Tiered System of Support (MTSS), we strive to provide linguistically and culturally responsive core instruction, monitor academic progress, and respond to students’ linguistic, academic, and behavioral needs through consistent and continuous support.
When a referral to special education is appropriate, we ensure that cultural, linguistic, and experiential factors are taken into account through a collaborative process involving special education, ESOL, and general educators, as well as families.
Students may qualify for and have legal entitlement to both ESOL and special education services. Appropriate screening is required to determine students’ eligibility for each type of service. Depending on a student’s learning disability and Individual Education Plan (IEP), universal testing tools or accommodations may be needed in order to measure English language proficiency. When evaluating an ML for learning disabilities, screening must be linguistically and culturally appropriate.
For MLs with IEP teams, the United States
