Step 3. Determining Program Services for EL Students

This section provides information about the Initial ELPAC, Initial Alternate ELPAC, Summative ELPAC, and Summative Alternate ELPAC determination of program services processes.

Student and Parent Rights

The US Department of Education (ED), Office for Civil Rights, and the US Department of Justice have determined that it is a student’s right to receive appropriate services and access to content instruction. If a student is identified as an EL student, the following apply:

They are entitled to EL programs and services. Parents/guardians may, however, choose to opt their children out of a school district’s EL program or out of particular EL services within an EL program.
Local educational agencies (LEAs) may not recommend that parents opt out for any reason. Parents are entitled to guidance in a language that they can understand about their child’s rights, the range of EL services that their child could receive, and the benefits of such services. LEAs should appropriately document that the parent made a voluntary, informed decision to opt their child out.
LEAs must still take steps to provide opted-out EL students with access to their educational programs, monitor their progress through the administration of ELPAC until reclassified, and offer EL services again if a student is struggling. For further information, refer to the Ensuring EL Students Can Participate Meaningfully and Equally in Educational Programs document.
Title VI requires that the district take affirmative steps to rectify the language deficiency to open its instructional program to these students (34 C.F.R. §100.3[b][1], [2]).

English Learner Programs and Services

Pursuant to 5 CCR 11309:

(a) LEAs shall provide language acquisition programs for English learners consistent with these regulations.

(b) Whenever an LEA establishes a language acquisition program, the LEA shall confer with school personnel, including teachers and administrators with authorizations required to provide or oversee programs and services for English learners, regarding the design and content of the language acquisition program.

(1) Be designed using evidence-based research and include both Designated and Integrated ELD;

(2) Be allocated sufficient resources by the LEA to be effectively implemented, including, but not limited to, certificated teachers with the appropriate authorizations, necessary instructional materials, pertinent professional development for the proposed program, and opportunities for parent and community engagement to support the proposed program goals; and

(3) Within a reasonable period of time, lead to:

(A) Grade-level proficiency in English, and, when the program model includes instruction in another language, proficiency in that other language; and

(B) Achievement of the state-adopted academic content standards in English, and, when the program model includes instruction in another language, achievement of the state-adopted academic content standards in that other language.

(d) At a minimum, an LEA shall provide a program of Structured English Immersion for English learners, which includes Designated and Integrated ELD.

(e) An LEA may provide language acquisition programs, including programs that integrate instruction for native speakers of English and native speakers of another language and meet the requirements of subdivision (c).