Federal Law and English Learners

Federal Law and English Learners

The federal law governing ESOL in the United States is primarily governed by the Title III of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA). This legislation emphasizes equitable educational opportunities for English Learners (ELs) and mandates accountability for their academic progress. Key provisions of federal law are outlined in the OELA EL Toolkit published in 2015. Each chapter of the toolkit provides guidance on the following 10 key areas:

Identification and Assessment: Schools must identify potential ELs in a timely manner and assess their English language proficiency using valid and reliable assessments. Parents and guardians must be informed in a timely manner of their child’s ELP level and EL program options in a language the parent understands. 

Language Assistance Program Schools must provide language assistance programs that are educationally sound in theory and effective in practice. EL services and programs must be offered to enable ELs to attain English and meet the expectations of the academic standards. 

Staffing and Supporting an EL Program: Districts must ensure the staffing necessary to effectively implement the EL program. All teachers and other staff working with ELs should be appropriately trained and qualified to provide effective language instruction and support and administrators who evaluate EL program staff are also adequately trained to meaningfully evaluate EL teachers to successfully achieve the objectives of the EL program.

Meaningful Access to Core Curricular and Extracurricular Programs: ELs must have access to both the core academic curriculum and the necessary language supports. ELs must be afforded equal opportunities to participate in curricular, co-curricular, and extracurricular programs and activities.

Inclusive Environment and Unnecessary Segregation: Districts and schools must limit the segregation of ELs to the extent necessary to reach the stated goals of the EL program. Schools should not keep ELs in EL-only classes for periods any longer than required for the proficiency level of the students. ELs should rarely, if ever, be segregated from their non-EL peers in specials, connections, or elective classes.

Addressing ELs with Disabilities: Schools must identify, locate, and evaluate ELs with disabilities in a timely manner using appropriate assessments. Dually identified ELs with disabilities must receive both language assistance and disability-related services to which they are entitled under federal law. EL and Special Education program staff must work together to determine these services and appropriate supports to meet the needs of these students.

Serving who Opt out of the EL Program: Parents have the right to opt their children out of EL programs or particular EL services; however, this does not remove the EL status from the child and the school must continue to monitor the academic progress of the child, and inform the parent if their child does not meet the appropriate growth. 

Monitoring and Exiting ELs from the EL Program: Districts and schools must monitor the progress of all ELs in achieving ELP and academic standards and provide appropriate assistance to those who are not showing adequate progress. Students exiting from EL status must be monitored for at least two years to ensure they have not exited prematurely, they are able to meet academic standards, and they are participating meaningfully in the general education environment comparable to their never-EL peers.

EL Program Effectiveness: Districts and schools are held accountable for the progress of ELs. Longitudinal data must be monitored and performance of current, former, and never-ELs compared to ensure EL program effectiveness. 

Meaningful Communication: States, districts, and schools have an obligation to communicate meaningfully with limited English parents and to notify LEP parents adequately of all programs, services, or activities communicated to non-EL parents. Only appropriately trained and competent translation and interpretation staff must be used to provide language assistance and such assistance must be provided at no cost to LEP parents.

In summary, Title III of ESEA, as amended by ESSA, and other federal laws establish a comprehensive framework for the education of English Learners in the United States. It emphasizes accountability, equitable access to education, and the importance of evidence-based practices in supporting ELs' language proficiency and academic achievement.