Florida Consent Decree Natacha Edmondson
Florida Consent Decree
Table of Contents Historical Underpinnings of the Florida Consent Decree
1
Issue I: Identification and Assessment
3
Issue II: Equal Access to Appropriate Programming
6
Issue III: Equal Access to Appropriate Categorical and Other Programs for LEP Students
7
Issue IV: Personnel
8
Issue V: Monitoring Issues
10
Issue VI: Outcome Measures
11
Bibliography
12
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Florida Consent Decree
Historical Underpinnings of the Florida Consent Decree FOURTEENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES, ADOPTED IN 1868 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.
TITLE VI OF THE CIVIL RIGHTS ACT, 1964 No person in the United States shall, on the rounds of race, color, or national origin, be excluded from participation in, be denied the benefits, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
This amendment on the Constitution and federal law states that all persons in the United States of America are allowed equal access to basic rights and all educational programs. These are only but two examples of how our country demands equal opportunity to all persons. According to both The United States Constitution and Federal law, we are obligated to provide an equal education to all children living in the United States of America. These fundamentals laws and many future lawsuits helped expand the rights of limited English proficient students and develop the provisions and requirements stated on the Florida Consent Decree.
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Florida Consent Decree
Historical Underpinnings of the Florida Consent Decree LAU V. NICHOLS, U.S. SUPREME COURT, 1974 A landmark lawsuit for limited English proficient students was the Lau v. Nichols case in 1974. Thousands of limited English proficient Chinese American students claimed they were not receiving an adequate education due to their inability to speak English. They argued that based on Title VI of The Civil Rights Act they were entitled to an equal education regardless of their ethnicity or their home language. The Supreme Court agreed with them and ruled that all students should have equal access to an education. This court case also claimed that educators of the United States of America cannot simply give limited English proficient students the same materials and instruction received by English proficient students. It is the educator’s job to teach English and the required content by any means necessary in an understandable manner.
CASTAÑEDA V. PICKARD, 1981 Another lawsuit which had a considerable influence on establishing the foundation of bilingual education standards was the Castañeda v. Pickard case of 1981. In Texas, a father of two Mexican-American children sued their school claiming the children were being segregated by ethnicity and not receiving a legitimate education. Using the Lau v. Nichols case, the Castañedas argued that the school’s bilingual program was not sufficient. In 1978, the court ruled against Castañeda. The father then appealed the case and won. In addition to the courts ruling in favor of the Castañedas, the court established a three-pronged test for evaluating programs serving English language learners. According to these new guidelines, schools must:
Base their program on educational theory recognized as sound or considered to be a legitimate experimental strategy.
Implement the program with resources and personnel necessary to put the theory into practice.
Evaluate programs and make adjustments where necessary to ensure that adequate progress is being made. [648 F. 2d 989 (5th Circuit, 1981)]
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Florida Consent Decree
Issue I: Identification and Assessment 1. All students with limited English proficiency (L.E.P.) must be appropriately identified in order to ensure the provision of appropriate services. The terms limited English proficiency and limited English proficient, when used with reference to an individual, mean: a. individuals who were not born in the United States and whose native language is a language other than English; or b. individuals who come from home environments where a language other than English is spoken in the home; or c. individuals who are American Indian or Alaskan natives and who come from environments where a language other than English has had a significant impact on their level of English language proficiency; and d. individuals who, by reason thereof, have sufficient difficulty speaking, reading, writing, or listening to the English language to deny such individuals the opportunity to learn successfully in classrooms where the language of instruction is English. 2. The terms home or native language, when used with reference to an individual of limited English proficiency, mean the language normally used by such individuals, or in the case of a student, the language normally used by the parents of the student. 3. The term LEP committee means a committee composed of ESOL teacher(s) and home language teacher (if any) and administrator or designee plus guidance counselors, social worker, school psychologist or other educators as appropriate for the situation. The parent (s) would also be invited to attend any committee meetings. 4. LEP student plan means a written document(s) which identifies student name, instruction by program, including programs other than ESOL provided, amount of instructional time or schedule, date of LEP identification, and assessment data used to classify or reclassify as LEP, date of exit and assessment data used to exit student as English proficient. The plan may be included in or attached to an existing student's plan, IEP, etc. or may be a separate document for a given student or students, provided, however if "students", each student will have an individual copy of the plan maintained in the student's file. 5. Basic subject areas means instruction in computer literacy, mathematics, science and social studies. 6. Basic ESOL means instruction in English. 7. Other subject areas means any instruction other than Basic ESOL or Basic subject areas.
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Florida Consent Decree
Initial Identification and Assessment
Initial identification survey given to ALL students
Record student’s home language and national origin
a. Is a language other than English used in the home? b. Did the student have a first language other than English? c. Does the student most frequently speak a language other than English?
Student answered yes to any of the above questions
Student is assessed for English language proficiency within 4 weeks of entry
Student scores within the LEP range
Student answers no to ALL questions
Student passes LEP test
Parent or teacher may request student to be referred to a LEP committee
4th grade and above must take reading and writing assessment
Score at or below the 32nd percentile on the reading and writing assessments
Student is assessed for reading and writing proficiency one year after enrollment
LEP committee determines child’s LEP Plan
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Florida Consent Decree
Issue I: Identification and Assessment ESOL FUNDING
Every ESOL child generates ESOL funding for up to three years.
If, after three years, assessments determine child needs additional funding they are allotted funding for three more years.
Student is allotted ESOL funding until LEP assessment determines them English proficient.
School districts must provide LEP students with appropriate services regardless if ESOL funding is available.
If student exits the ESOL program, but is later determined to be LEP, student is allotted ESOL funding for an additional year.
LEP COMMITTEE
Includes parents, guardians, teachers, ESOL staff, administrators, etc.
Parents or guardians are invited to participate in designing the LEP Plan.
Anyone can request an LEP committee meeting anytime.
LEP students shall be tested in other subject areas to determine LEP Plan and appropriate instructional program.
Outside assessments, transcripts, and other student records shall be taken into account to design the students LEP Plan as stated in the programmatic assessment requirements.
ESOL PROGRAM EXIT CRITERIA
Students are to be monitored four times after exiting: (a) at their first report card, (b) one semester from first monitoring cycle, (c) two semesters after first monitoring cycle, and (d) at the end of the second year after the date of exit from ESOL program.
If student does not perform well on assessments the LEP committee and parents shall reconvene to determine the student’s needs for additional services.
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Florida Consent Decree
Issue II: Equal Access to Appropriate Programming All districts are required to have an approved LEP plan and resubmit it to the Florida Department of Education every three years prior to implementing instructional programming to LEP students. Components of the approved LEP plan must include parent involvement.
APPROPRIATE PROGRAMMING All LEP students are entitled to programming which is appropriate to the student’s:
level of English proficiency,
level of academic achievement, and
additional special needs.
EQUAL ACCESS All LEP students have equal access to appropriate English language instruction (listening, speaking, reading and writing) and instruction in basic subject areas (math, science, social studies, and computer literacy) which are taught:
with the same scope and sequence as equivalent grade level courses using the Sunshine State Standards;
in an understandable manner to the students given their level of English proficiency, including home language presentation;
by instructional personnel appropriately trained in ESOL.
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Florida Consent Decree
Issue III: Equal Access to Appropriate Categorical and Other Programs for LEP students ACCESS TO CATEGORICAL PROGRAMMING LEP students, including immigrants and refugees, are entitled equal access to educational programs, which include:
Compensatory
Exceptional services
Adult
After-school
Vocational
Early childhood
Dropout prevention
Student services
PARENT CORRESPONDENCE All correspondence with students’ parents or guardians must be available in parent’s primary language.
DISCIPLINE Students cannot be disciplined for using their own language in the classroom.
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Florida Consent Decree
Issue IV: Personnel ESOL requirements for teachers providing instruction in Language Arts through ESOL can be obtained by either meeting the ESOL endorsement coursework or completing the ESOL coverage guidelines:
ESOL ENDORSEMENT COURSEWORK
A bachelor's or higher degree with certification in relevant subject area,
A minimum score of two hundred twenty (220) on the Test of Spoken English (TSE), and
Fifteen (15) semester hours in English to speakers of other languages (ESOL) to include credit in each of the areas specified below:
Methods of teaching English to speakers of other languages (ESOL), ESOL curriculum and materials development, Cross-cultural communication and understanding, Applied linguistics, and Testing and evaluation of ESOL.
ESOL COVERAGE Completion of appropriate degree from accredited institution. Passing the state approved ESOL certification exam and complete one hundred twenty (120) in-service training hours or continuing education in ESOL approved courses within three (3) years of their ESOL certification. (Stipulation approved on April 25, 2003)
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Florida Consent Decree
Issue IV: Personnel BASIC SUBJECT AREA TEACHERS ESOL requirements for basic subject area through ESOL or home language teachers: A valid Florida teacher certificate with appropriate coverage and at least 60 points of in-service training or equivalent college credit meeting the Consent decree coursework required.
TEACHERS OF ELECTIVE AND SPECIAL AREAS ESOL requirements for teachers other than basic subject areas and basic ESOL: A valid Florida teacher certificate with appropriate coverage and at least eighteen (18) points of in-service training or three (3) semester hours meeting the Consent decree coursework required.
ADMINISTRATORS AND GUIDANCE COUNSELORS ESOL requirements for administrators and guidance counselors: A valid Florida education certificate with appropriate coverage, Completion sixty (60) in-service training hours or continuing education in ESOL approved courses within three (3) years of their hire date.
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Florida Consent Decree
Issue V: Monitoring Issues The Florida Department of Education is charged with the monitoring of local school districts to ensure compliance with the provisions of the Consent Decree pursuant to federal and state law and regulations including Section 229.565, Florida Statutes (Educational Evaluation Procedures) and Section 228.2001, Florida Statues (Florida Educational Equity Act).
PROGRAM MONITORING Monitoring is carried out by the Office of Academic Achievement through Language Acquisition Office (AALA) (formerly called OMSLE), Division of Public Schools, Florida Department of Education. Monitoring shall include:
student identification and assessment, program compliance, equal access, review of program effectiveness, qualified personnel, and comprehensible instruction.
COMPLAINTS Any party may issue a complaint to the Florida Department of Education and all complaints are investigated within sixty (60) days.
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Florida Consent Decree
Issue VI: Outcome Measures PROGRAM EVALUATION PROTOCOL The State of Florida must design and implement an evaluation method to ensure LEP students are receiving the standards set in this settlement agreement and to ensure students are improving. This evaluation method shall address equal access and program effectiveness. Evaluation System is to collect and analyze data once a year including:
comparisons between LEP and non-LEP students:
retention rates, graduation rates, dropout rates, grade point average, state assessment test scores;
comparison of student identification and student exit data from ESOL programs by home language by district and state;
Annual written summaries to DOE;
Program effectiveness;
Staff training;
LEP parental involvement;
School practices, etc.
The Florida Department of Education shall designate employees to provide technical assistance to those school districts whose data suggest that inadequate or inappropriate services are being provided to LEP students. Such technical assistance shall include:
joint determination of practices to be investigated by the local school district,
involvement of the LEP parent group and school district personnel in determining actions to improve the situation, and
a summary report to the Division of Public Schools.
The data for school districts receiving technical assistance as described above shall be reviewed the following year to identify the impact of any changes made.
[A student]‌is not an empty glass coming into your class to be filled. He is a full basket coming into a different environment and society with something special to share. Please let him share his knowledge, heritage, and culture with you and his peers.
-Robert Lake
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Florida Consent Decree
Bibliography Ariza, Eileen N., Yahya Noorchaya, Hanizah Zainuddin, and Carmen A. MoralesJones.Why TESOL?: Theories and Issues in Teaching English to Speakers of Other Languages in K-12 Classrooms. Dubuque, IA: Kendall/Hunt Pub., 2006. Print. Researched legal cases documented in Chapter 2: Legal Rights of English Language Learners (ELLs) in the United States: An Historical Overview. Reviewed content regarding the Florida Consent Decree Agreement in Chapter 23: Responding to a Court-Imposed Consent Decree: A Look at Initial Placement and Assessment. "Consent Decree - Court Order." FLDOE Home. 14 Aug. 1990. Web. 05 Sept. 2010. <http://www.fldoe.org/aala/lulac.asp>. Reviewed the six principal issues stated in the Florida Consent Decree. "Castaneda v. Pickard, 648 F. 2d 989 - Court of Appeals, 5th Circuit 1981." Google Scholar. Web. 5 Sept. 2010. <http://scholar.google.com/scholar_case? case=16848723757397550913&hl=en&as_sdt=40002&as_vis=1>. Reviewed the Castaneda v. Pickard legal case. "Developing ELL Programs: Lau v. Nichols." U.S. Department of Education. 16 Mar. 2005. Web. 5 Sept. 2010. <http://www2.ed.gov/about/offices/list/ocr/ell/ lau.html>. Researched the Lau v. Nichols case and it’s affect on ELL programs. "Developing ELL Programs: Glossary." U.S. Department of Education. 16 Mar. 2005. Web. 5 Sept. 2010. <http://www2.ed.gov/about/offices/list/ocr/ell/ glossary.html#castaneda>. Researched the Castaneda v. Pickard case. McClain, Charles J. Chinese Immigrants and American Law. Asian Americans and the law, v. 1. New York: Garland Pub, 1994. Print. Researched the Lau v. Nichols case. “STIPULATION MODIFYING CONSENT DECREE”. 14 Aug. 1990. Web. 09 Sept. 2010. <http://www.fldoe.org/aala/pdf/stipulation.pdf>. Researched the stipulation modifying Issue IV of the Consent Decree.