A. Describe federal and state laws related to ELL programs
1. Federal Laws
There are numerous federal laws that have been set in place as a means of directing the current approaches to ELL instruction. Title VI of the Civil Rights Act of 1964 prohibits educators from discriminating students based on race, color or origin ensuring that educators take effective action in including the diverse students in educational activities. The Equal Educational Opportunities Act (EEOA) of 1974 affirm that schools take steps to help ELL students overcome language barriers and participate in meaningful educational programs. The No Child Left Behind Act (NCLB) of 2002 was incorporated as a means of ensuring states meet their performance objectives for LEP students failure to which states will lose up to 10% of the funding received from the federal government particularly in the administrative portion. The Every Student Succeeds Act (ESSA) of 2015 was a means or reaffirming the American ideal where all students are provided with equal opportunity to make of their lives as they will (Department of Education, 2015).
2. Federal Court Cases
The Supreme Court Case of Lau v. Nichols of 1974 identifies that providing the students with similar desks, teachers, books and lesson programs does not equate to providing the children with an equal opportunity to education. This is especially when the students are unable to interact using English. The 1981 Federal Court Case Castaneda v. Pickard identified a three part system that will be used in determining school district’s compliance with EEOA of 1974: theory, practice and results (The Education Alliance, 2016). School must incorporate an educational program based on sound educational theory, the school district must practice it through allocating personnel and practices that transfer theory into practice and the schools will abandon programs that do not provide the required results. The Plyler v. Doe Supreme Court Case of 1982 identifies that school should not deny students access to education simply because they are illegal aliens (The Education Alliance, 2016). Therefore, the schools will not act as agents of enforcing the laws of immigration in the country.
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3. State Court Cases
The Serna v. Portales case at the US District Court of New Mexico in 1972 served as the first case that brought about the issue of bilingual differences in education. The Spanish surnamed students were noted to perform poorly as opposed to their non-Spanish surnamed peers in the Portales Municipal Schools. The court identified that similar educational programs were provided in each of the elementary schools however in the Lindsey school where majority of enrolled students were Spanish surnamed that performance was lower. The school district was ordered to design and implement a bilingual and bicultural educational program. The Castaneda v. Pickard case at the US District Court of the Southern District of Texas in 1981 serves as another example of the lack of legal compliance school districts must incorporate to ensure the effective academic achievement of the students of diverse backgrounds. This was particularly evident where there was grouping system of students in performing class assignments based on race and ethnic background. Mexican-American faculty members were also not hired to assist in the effective education of the students.
4. State Laws
Different states have incorporates policies that have been used in the ways school districts enforce instruction to the English Learners. This is seen in the state of Colorado where the English Language Proficiency Act signed in 2014 was incorporated as a means of identifying, assessing and certifying to the department of education students whose dominant language is not English (Lesley University, 2005). This will enable the teachers to effectively administer and provide the recommended programs that will ensure academic achievement of students is equal for all. Additionally, the state incorporates Title III: Supplemental Supports for English Learners where a grant is provided under the ESEA that helps in improving the proficiency of the ELs. The policy is also used to meet challenges encountered in the academic content and student performance standards within the state. It is also used to help school districts provide instructional opportunities for the immigrant children and their families.
B. ELL Teacher Assist Schools or Districts to Design Instructional Programs
Questions to Ask
The implementation of federal and state policies that influence the provision of instructional programs for ELLs can be a tasking role particularly to the teacher who is implementing. As a result, the ELL teacher will need to provide the school and the governing district body on the changes that take place in the classroom. The action research practice identified by Farrell (2007) identifies the process an ELL teacher should undergo in helping to improve teaching and learning within the classroom. To begin with, the teacher may look into the policy and guidelines that have been recommended by the school district in addressing the issue of Limited English Proficient (LEP) students. This may include issues related to the strategies of instruction, curriculum implementation, management issues or the performance of a specific student. This may include questions like why a single student is not performing in a particular area or the most effective procedure of minimizing classroom conflict. This is the first step referred to as identifying the problem.
Secondly, after identifying the problem, it is the mandate of the teacher to try and come up with a visionary plan of solving it by reviewing the required literature. This is referred to as the process of developing a plan of action. Through this process an ELL teacher will draw ideas from brainstorming and the reviewed literature on the most appropriate techniques and strategies that can be used to realize better results (Farrell, 2007). In the case where numerous techniques are found, one should be able to rank them in order of their importance and the time spent on each. The teacher will identify the most pressing need in the classroom setting whether it is the performance of the student, conflict or the grouping system for project assignments. This will enable the teacher to identify variables that he or she may not have been aware of for an improved plan in the next research cycle (NCTE ELL Task Force, 2004).
The third task involves the teacher collecting data that will help in assessing the success or failure of the action plan. The teacher may ask how many students enrolled in the class do not identify English as their dominant language and their various performances in problematic areas like language writing. The main agenda here is to identify whether increasing feedback will help in improving the writing skills of the students (Farrell, 2007). The teacher during this process of improving language proficiency may keep a journal of the changes that continue to occur within the classroom setting. A plan for data collection techniques should also be incorporated where teacher may keep grade reports of the students in there writing skills. The plan should incorporate data collected from different sources to ensure its validity in the research of ways to improve the ELL program. Questionnaires, attendance records, surveys and interviews should be representative of the student population at hand.
One of the most important steps come by when the teacher is analyzing the collected data and forming conclusions based on the research. It is important that the analysis begins early on in the research. The teacher will ask whether the data collected is sufficient in a bid to refine the data collection plan. Additionally, the ELL teacher will also be able to revise the action plan of the problematic area in question. This is where some of the assumptions of the problem identified may have been incorrect (Kolk, 2016). As one begins to draw conclusions from already available data, data collection should not stop. The teacher will share findings with teachers and students alike. They may help in providing an alternative view of the findings. It is only after the final conclusion that the teacher may begin modifying the theory and repeat the cycle once again. The results received in the first action research cycle should be shared with others who may utilize them in improving the education of their learners (NCTE, 2008).
Data Collection
The data collected by an ELL teacher is an important factor in the modification and development of existing ELL programs. The teacher is identified as having first hand information of the problems that the LEP students may be facing in maximizing their potential to achieve academic success (Wolf, Herman, Bachman, Bailey & Griffin, 2008). This may include case of attending the required classes for the student. Tardiness of particular students may have a significant effect on their ability to improve their language proficiency. In this case, the teacher will collect data regarding class attendance of the students from the records that are available (Kolk, 2016). The number of times a student fails to attend the class or is late will be clearly recorded and mentioned during the analysis of the data. This may also be compared to the student performance in the various problematic areas that the student may be performing poorly or below the recommended standard.
The teacher may also gather data through the collection of journal notes of the daily experiences with the students. This is where the teacher indicates the observations made of the students. The notes may be typed into a phone or laptop for future reference (Kolk, 2016). Hereby, the teacher will seek to identify the level of engagement each student has incorporated in the ELL program. Failure to participate in answering or asking questions has usually been associated with students grasping the concept that has been taught. However, performance in graded or random tests will usually provide a contrary view. Taking record of the student engagement will clearly help in modifying the ELL program in use as a means of solving the problem identified. The teacher may also record student engagement in group assignments. This is where the students may be an active or passive participant in the group project and their level of engagement will be significantly reflected in their individual performance in the tests.
The teacher may also conduct a survey of the number of students who are not proficient in English within the class or the entire school. This survey will have to be meaningful in that it identifies the age, gender, ethnicity and ability level as seen in their performance in previously graded tests (Kolk, 2016). Student portfolios may be created for each student in order to demonstrate the level of engagement required for each of them. The teacher will indicate whether or not the student has a problem in the entire curriculum or in one specific area. A survey of the teachers may also be required where the teacher indicates the expertise and experience required in implementing the problem observed in the school (Kolk, 2016). The data may be collected through providing questionnaires to these teachers focusing on the main issue at hand. The responses received should point out the significant level of personnel that should be involved in the program.
C. Three Major ELL Programs a School Might Model
1. Design
There are numerous major ELL programs that are incorporated in improving English language proficiency among students. These include the 90-10 two-way bilingual immersion, Integrated Transitional Bilingual Education and Bilingual Immersion. All these programs are seen to identify the major goal as developing English language. This is where majority of the students are assumed to have little or no proficiency in writing or speaking the language (Center for School and District Improvement, 2004). In this case, the program seeks to develop the language until the students have completely mastered it. In some cases, the original language of the students is used to help interpret the new language for easier understanding.
The second critical factor of the ELL program is indicating the target group of the program. Hereby, the number of students may all have a similar first language that may be used effectively to develop as seen in bilingual immersion (Center for School and District Improvement, 2004). Identifying the students’ first language is important as it enables the identification of how the program is implemented. The instruction process is another important factor of the ELL program as it indicates how the students will develop English proficiency and at times how the academic content will be explained to the student. The majority of program will usually seek to use English as the most dominant for of conveying the academic concepts.
2. Implementation
The implementation of the program is the most critical stage of the program. This identifies whether the ELL program will be incorporated in a single lesson period or in the entirety of the academic subjects that they are taught. For instance, the 90-10 two way immersion program seeks to incorporate the first language of the ELLs and English language that should be developed (Howard, Sugarman, Perdomo, & Adger, 2005). This program will usually incorporate a process where the non-English speakers are have a common first language most often it is Spanish. Both native and non-English speakers will be involved in the program where they are of an equal number in the classroom. These two groups will be learning together in all academic instruction including math, science and social studies and not just the extracurricular activities like physical education and music. This will usually take place for the entirety of the day or at least most part of it.
The program will provide these students with core academic instruction in both languages. This is where math is taught both in English and Spanish in the case where the ELLs speak the latter language. This is an effective means of ensuring that both languages are learnt by the group in question. In the 90-10 model, the first language of the ELLs is used to convey the instruction of the core academic for 90% of the time while the other 10% English language is used. This is mainly done in the first year or two for the learners (Howard et ai, 2005). As the students progressed in the primary grades the percentage of minority language decreases in conveying instruction while that of English increases.
3. Regulations Affecting ELL Programs
In the implementation of ELL programs, numerous regulations are placed as a means of ensuring the effective development of English language. The 90-10 two way immersion program requires the use of the partner language for majority of the instruction conveyed in the classroom. In this case, the native English speakers may struggle to understand core academic concepts as they may lack the proficiency in the partner language. Nevertheless, it is believed that each group does not have to abandon the development of their native language as they continue to learn the second language. As the ELL program may be incorporated early in the student’s learning, it is believed that second language learning will be easily grasped.
The use of the 90-10 two-way immersion model is seen as an effective means of appreciating both cultures in question. The student groups that have been incorporated into this ELL program will learn a lot on the beliefs and practices of the new language spoken (Howard et al., 2005). This is a means of ensuring positive cross-cultural attitudes and behaviors. Furthermore, the regulations incorporated in this ELL model ensures academic performances of both groups of students are maintained at or above grade level.
References
Center for School and District Improvement (2004) English Language Learner (ELL) Programs at the Secondary Level in Relation to Student Performance . Retrieved July 23 2016 from https://education.ucf.edu/mirc/Research/ELLSynthesis.pdf
Department of Education (2015) Every Student Succeeds Act (ESSA) . Web. Retrieved July 23 2016 from http://www.ed.gov/essa?src=rn
Farrell, T. S. C. (2007) “Action Research in Language Learning”, in Reflective Language Teaching: From Research to Practice , New York: Bloomsbury Publishing. (pp 94-106).
Howard, E. R., Sugarman, J., Perdomo, M. & Adger, C. T. (2005) Two-Way Immersion Education: The Basics . Center for Applied Linguistics (CAL), Web. Retrieved July 23 2016 from http://www.cal.org/twi/toolkit/PI/Basics_Eng.pdf
Kolk, M. (Ed.) (2016) Embrace Action Research . Creative Education, Web. Retrieved July 23 2016 from http://creativeeducator.tech4learning.com/v07/articles/Embracing_Action_Research
Lesley University (2005) ELL Assessment for Linguistic Differences vs. Learning Disabilities: Legal and Ethical Provisions . Web. Retrieved July 23 2016 from http://www.ldldproject.net/legal.html
NCTE (2008) English Language Learners . Policy Research Brief, Web. Retrieved July 23 2016 from http://www.ncte.org/library/NCTEFiles/Resources/PolicyResearch/ELLResearchBrief.pdf
NCTE ELL Task Force (2004) NCTE Position Paper on the Role of English Teachers in Educating English Language Learners (ELLs) . NCTE Guideline, Web Retrieved July 23 2016 from http://www.ncte.org/positions/statements/teacherseducatingell
The Education Alliance (2016) Teaching Diverse Learners . Brown University, Web. Retrieved July 23 2016 from https://www.brown.edu/academics/education-alliance/teaching-diverse-learners/policy
Wolf, M. K., Herman, J. L., Bachman, L. F., Bailey, A. L. & Griffin, N. (2008) Recommendations For Assessing English Language Learners: English Language Proficiency Measures And Accommodation Uses. (Recomendations Report Part 3 of 3), Web. Retrieved July 23 2016 from http://www.cse.ucla.edu/products/reports/R737.pdf
