FAQs
Please understand that often questions regarding English Learner programs are best handled on a case-by-case basis. Consider this an historical reference rather than a definitive answer. Please don't hesitate to ask your specific question!
Purchase of Core ELD Materials
Can Title III be used to purchase core English Language Development materials?
Title III cannot be used to fund any component of a Civil Rights required Core EL program. Outright purchase of new core materials would be supplanting. (See Nebraska EL Presentation: ESSA Title III.)
However, one of the authorized activities does support "Improving the instructional program for English learners by identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment procedures" (Title III, Section 3115(d)(2). To use Title III funds for core ELD materials, districts must be able to justify need and explain the process used to determine need and select materials.
If your district would like to use Title III materials, work closely with the Title III Consortium Director:
Ensure the budget allows for purchase.
Use the EL Program Review to justify need. A thorough review includes examination of data, description of the current LIEP, examination of data, and program goals.
When completing the Request for Funds form, include a brief explanation of need referencing the EL Program Review and a brief description how the materials were selected.
School Obligations to ELs
What Legal Obligations Do Schools Have To English Language Learners (ELLs)?
Under civil rights law, schools are obligated to ensure that ELLs have equal access to education.
Visit the National Clearinghouse for English Language Acquisition for a summary with links to learn more: https://ncela.ed.gov/school-obligations.
Office of Civil Rights & Department of Justice Fact Sheet: Ensuring English Learner Students Can Participate Meaningfully and Equally in Educational Programs
ELPA21 Future Kindergarten Screener
A kindergartner whose primary language is English would not likely achieve 4s and 5s on the ELPA21 Screener. Can we lower the standard locally?
Ultimately, follow Rule 15 for identification rules, and remember that service does not (and should not) be the same for all ELs.
Closely review the ELPA21 Future Kindergarten Screener “Proficient” Designation Update guidance.
Find additional information on this Kindergarten Screener FAQ document (posted 11.16.23)
Grading Recommendations for HS Newcomers
What recommendations can be provided to teachers when grading for newcomers?
Identify the key standards/objectives of the course and/or lessons. What do students need to be able to know and do in order to meet an acceptable level of proficiency? What should the student be able to do to demonstrate they have earned credit for the course? Consider ways students can demonstrate what they know creatively – with limited English (e.g., drawings, actions, manipulatives, etc).
Use the ELPA21 Differentiation poster and resources!
Students might receive a pass/no pass instead of a letter grade as a temporary scaffold.
Graduation Planning for HS Newcomers
What should we consider when developing plans for older newcomer students?
Resources (shared at ELL Network, 09.27.23)
NDE: Supporting Students with Limited or Interrupted Formal Education (SLIFE)
Salva: Success for SLIFE Padlet
NDE: ELP Standards (Appendix C, p. 48-53)
NE Rule 15 Implementation Guide (p, 15)
There is no state law that forbids students from attending even after the school year in which they turn 21, but the district won't get state aid for that student. The district has to allow the student to finish in the year in which they turn 21.
Opportunities are open for students beginning at 16 for adult ed. Contact Tate Lauer: https://www.education.ne.gov/aded/
Screening for Out-of-State Students
If a student enrolls from a state other than Nebraska, must the student be screened?
In nearly all cases, yes. If a student enrolls most recently from a state other than Nebraska, the student must go through the identification process as specified in Rule 15. Because states have differing entrance and exit criteria, this is true even if the student exited an EL program in another state.
The exception would be if the student enrolls with a recent ELPA21 score from an ELPA21 state. As of the 2023-24 school year, the ELPA21 states are Arkansas, Iowa, Louisiana, Nebraska, Ohio, Oregon, and West Virginia. Washington state left the consortium at the end of the 2020-21 school year but districts can accept ELPA21 scores from that state for any year prior to 2021-22. Visit https://www.elpa21.org/resources/ for more information on ELPA21 states.
Screening New Students With Disabilities
We have a new student who has verified significant cognitive disabilities. The HLS reports languages in addition to English spoken in the home. How do we proceed?
Because there is a language other than English on the HLS, the student needs to be screened...We don’t have a separate screener for the Alt ELPA but the screener we have is used to identify if a student is an English learner. (The Alt ELPA assessment may be appropriate for this student moving forward. ) As a reminder, if the student didn’t engage with the practice question in step one, the test will not continue. The student can then be marked as “Proficiency Not Determine” and you can choose the appropriate option for ending the screener on page 9. (Answer adapted from A Hubbell, 08.16.23)
See pages 8-9 in Screener SY 2023-24 ELPA21 Online Dynamic Screener Test Administration Manual.
Funding for L1 Library Books
Our Media/Technology teacher was wondering about getting more books in Spanish for our new arrivals to check out. Would that be something that could be reimbursed since it is supplemental? (02.21.19)
Yes, that would be allowable—hopefully there will be efforts made using to promote L1 literacy and/or family literacy or another activity that would promote language development as it is likely the student may not be literate in their home language.
New Arrivals at End of ELPA21 Window
We anticipate enrolling a likely EL during the last week of the ELPA21 Summative window. Must we insure the student takes the ELPA21 Summative? (03.08.19)
Complete the enrollment and the screening process. Do your best, though there may not be sufficient time to complete the screening process and the ELPA21 Summative during the last week, especially if the writing supplement is needed. (It would not arrive in time.) In this case, do not mark the EL field in TIDE as EL or the student will show up as a test-taker for the summative. If the student does show up in TIDE as EL, a reason not tested code will be required and may count against the district for accountability. (Updated 03.05.24)
Parent Refusal of EL Services
What are our district responsibilities if a student qualifies as EL and the parents refuse services? (03.20.19)
The Rule 15 Implementation Guide (2018, p. 13) reminds us that "school districts must provide guidance in a language parents can understand to ensure parents understand their child's rights, the ranges of EL services that their child could receive, and the benefits of such services before voluntarily waiving them (Dear Colleague Letter, January 2015, p. 30). It is recommended that district personnel set up a face-to-face meeting with parents, including interpreters if appropriate, to ensure parents have a full understanding of the services they are waiving."
In the case of refusal, the school is still responsible for providing appropriate educational services, including language needs (Rule 15 Implementation Guide, 2018, p. 13). The student must take the ELPA21 Summative until proficiency is achieved (Entrance and Exit Procedures for ELs, Combined Federal Programs Meeting, December 6-7, 2018).
L1 Textbook Funding
Can Title III funds be used to purchase a textbook (e.g., Algebra) in a student's primary/first language?
Most likely, yes. The L1 textbook is a supplement that can help the student access academic content. However, please ask first. Also, be thoughtful! "It is a good idea to try to identify whether or not the student has sufficient literacy in L1 to effectively use the resource. Unless a district has a bilingual program, we are not providing instruction in a student’s L1 and therefore not formally assessing their L1 literacy levels. I think we always want to avoid making assumptions about students, but if it’s a support that can help the student, it’s fine" (Allyson Olson, NDE Title III Director, 08.16.19).
ACT Bilingual Dictionaries
Does ACT allow bilingual dictionaries?
ACT does allow use of specific bilingual word-to-word dictionaries as an EL support. Please make sure your student and specific dictionary qualify in order to avoid test invalidation. Find the ACT-Approved Bilingual Word-to-Word Dictionaries list here: https://www.act.org/content/act/en/products-and-services/the-act/registration/accommodations/policy-for-el-supports-documentation.html
ELPA21 On Track Report
How do I access the ELPA21 On Track Report?
The ELPA21 On Track Report can be accessed by district administrators or others with appropriate permissions in the NDE Portal. Find step-by-step instructions HERE.
Record Retention
How long do we need to keep student files? In going through materials from our previous coordinator, I have found files of students that have graduated or are no longer in our district? (04.27.2020)
Be consistent with your district's record retention policies. In general, the student records may be transferred to durable medium and the originals destroyed after the student graduates or a 3 year continuous absence from school.
Non-Public Consultation
I know public districts must work with the non-public schools in their boundary to agree upon participation for Title grants. If a non-public agrees to participate in Title III, what kinds of services might that include? (04.28.2020)
The key idea for agreements with non-publics is "equitable service." That does not mean the public must provide instruction directly to the non-public students. (Though, some districts do, especially if students eventually end up in their system.) To be technical, Title III is supplemental only and the "per student" Title III allocation is typically less than $130, none of which is used for teacher salaries in our consortium. Often, publics offer things like support with EL identification (Title III CAN pay for nonpublic screening expenses), access to professional learning opportunities/resources, consultation, and occasionally, supplemental materials.
CLICK HERE to see the 2023 Nonpublic Within Boundaries Consultation Checklist with annotations for the Title III section.
For additional guidance regarding Title III and non-publics, please see NDE's Federal Programs: Non-Public Information and USDE Title III...Non-Regulatory Guidance.
Non-Public EL Identification
If the non-public chooses to participate in Title III during the annual consultation, how should they work together to identify ELs? (04.28.2020)
The non-public should include a Home Language Survey (HLS) in their registration materials for all students. As per Rule 15, if HLS answers include any language other than English, the next step is English language proficiency screening using an assessment that is valid and reliable for that purpose. The ELPA21 screener isn’t available to non-public students, so tools such as the LAS LINKS might be appropriate. Personnel from either the public or non-public may administer the assessment. Expenses for non-public EL assessment can be funded with Title III (including the public teacher's time and cost of the screening tool.) Please use the normal process to Request Funding from the Title III Consortium.
In addition to qualifying students for EL services, the screener will provide a baseline measure of language levels. Even though adding the HLS to the non-public paperwork might be cumbersome, having a solid identification process in place is necessary for Title III funding.
Foreign Exchange Students
Can foreign exchange students qualify as English Learners?
Yes. According to information from the USDE (2010), exchange students should be treated like any newly enrolling student. If the home language survey yields a language other than English, the student should be given an English language proficiency assessment (e.g., ELPA21 Screener).
As with all ELs, services should be appropriate for need.
Students Enrolling with HS Credit from Other Countries
What should we keep in mind when enrolling high school students from countries other than the USA?
Several factors may require careful consideration!
Did the student come in with transcripts showing that she has completed a particular comparable grade? If so, it would be very important to use available resources to have the transcripts evaluated so credit can be awarded for any courses the student completed (e.g., Validate-Me! or Evaluating Foreign Transcripts: The A-Z Manual). This is an equity issue as the school surely awards credits for courses completed in U.S. schools.
Retaining the student solely on her EL status would be a violation of the student’s Civil Rights under Title VI. A better approach would be to design a graduation plan that outlines the courses and credits she must earn each year, taking advantage of summer school opportunities, if available. This should also include credits for courses completed in other countries.
Students are entitled to a free, appropriate public education through their twenty-first birthday. Some students may need a little extra time beyond four years, but they have a high likelihood of learning English and graduating within this timeframe.