Current through September 24, 2024
(1)
EL student identification is a two (2)-step process that must be completed in
the sequence detailed below within thirty (30) days of initial
enrollment.
(2) Step One (1): Each
LEA and public charter school shall administer a Home Language Survey (HLS) to
identify NELB Students. An HLS should be completed only once in a student's
educational career. If the student has previously attended another LEA, the
receiving school or LEA shall attempt to obtain the original HLS from the
sending LEA. If the receiving LEA cannot obtain the original HLS after
reasonable attempts to do so, it may re-administer the HLS, but shall mark it
as a secondary HLS. If the original is found, it shall replace the secondary
HLS in the student's file.
(a) The HLS shall
not require parents or guardians to answer questions about student immunization
or student or familial immigration status.
(b) The HLS shall include, but not be limited
to, questions that require the parent(s) or guardian(s) to address the
following three (3) topics:
1. The first
language the student learned to speak;
2. The language the student speaks most often
at home; and
3. The language that
is most often spoken to the student at home.
(c) If the parent(s) or guardian(s) list a
language other than English for any question above, the student shall be
classified as an NELB Student. Parents or guardians shall be interviewed to
clarify any discrepancies in the HLS.
(3) Step Two (2): LEAs shall screen all NELB
Students with a Department of Education-adopted English language proficiency
screener identified in State Board Policy 3.207 to determine whether the
student qualifies for ESL Services, unless an NELB Student has documentation
from a previous state or LEA that he or she met the definition of Fluent
English Proficient (FEP) on the Department-adopted screener. The determination
must be completed within thirty (30) days of initial enrollment.
(a) NELB students shall be screened utilizing
the screener identified in State Board Policy 3.207. The scores that identify a
student as an EL student are further defined in State Board Policy
3.207.
(b) NELB students with a
disability and NELB students who cannot access the traditional screener due to
a suspected disability shall be screened using the alternate screener
identified in Policy 3.207. The Department shall develop guidance to support
school personnel in determining when to administer the alternate screener to
students.
(c) Students identified
as EL students shall receive Direct ESL Services as provided in this Rule
unless a parent and/or guardian chooses to waive Direct ESL Services.
(4) Each LEA and public charter
school shall:
(a) For every EL student who
receives Direct ESL Services or Indirect ESL Services, develop and implement an
ILP for each EL student that includes:
1.
Assessment data from the Department-adopted English language proficiency
assessment;
2. Relevant demographic
data including but not limited to years of ESL service, Long Term English
Learner status, and additional services the student receives such as special
education or Response to Instruction and Intervention
(RTI2);
3. Data from other assessments may be
included as available such as achievement assessments, relevant benchmark data,
universal screener data, and Tennessee comprehensive assessment program (TCAP)
data.
4. For EL students in grades
Kindergarten through three (K-3), Direct ESL Services and language focused
supports will be defined in the ILP that provide access to classroom
instruction aligned to grade-level academic standards;
5. For EL students in grades four through
twelve (4-12), Direct ESL Services and language, academic, and career-readiness
supports that provide access to classroom instruction aligned to grade-level
academic standards;
6. Strategies,
scaffolds, and accommodations used in the delivery of Indirect ESL Services, as
decided appropriate by the student's ILP Team, that provide access to
instruction;
7. Short-term goals
that help the student proceed to the next proficiency level in the four (4)
domains of language: reading, writing, speaking, and listening;
8. Growth trajectories for English language
proficiency based on individual student data, as available; and
9. For Transitional EL students, appropriate
ILPs must outline services in accordance with Transitional EL status and needs.
In addition, the ILP must include the required components listed in parts two
(2) and three (3) of this subparagraph as well as short-term academic goals,
career readiness for grades 4-12, and scaffolds for access to instruction for
grade K-12.
(b) Ensure
that, at least annually, the student's ILP Team reviews and revises, as
necessary, each student's ILP;
(c)
Comply with the parent and legal guardian participation and notification
requirements of this Chapter and Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq.); and
(d) Adopt and implement an oversight plan
that outlines the development, implementation, and monitoring of ILPs for EL
students in accordance with this Chapter and the Tennessee Investment in
Student Achievement (TISA) guide. At a minimum, ILP oversight plans shall
include procedures regarding:
1. The
development of ILPs for all ELs within the LEA or public charter
school;
2. The monitoring of ILPs
quarterly;
3. The provision of
intensified support for ELs not meeting growth expectations identified in the
ILP;
4. Annual review and revision
of ILPs by the ILP Team;
5.
Parental communication and involvement in the ILP process;
6. The seamless coordination of services and
supports for ELs with disabilities and/or Characteristics of
Dyslexia;
7. Training for teachers
providing Direct or Indirect ESL Services regarding ILP requirements,
development, and implementation; and
8. The sufficient staffing and resources
required to support the development and implementation of all ILPs across the
LEA or public charter school.
(5) LEAs shall monitor authorized public
charter schools to ensure compliance with this Chapter.
(6) Teachers shall monitor the academic and
English language proficiency growth of EL students through benchmarking,
progress-monitoring, formative assessments, and/or summative assessments at
least quarterly. If an EL student is not meeting the growth expectations
identified in his or her ILP, the student shall receive differentiated support
so that he or she may advance more rapidly toward English language proficiency.
Supports shall be implemented promptly after the ILP Team has determined the
student is not on the expected growth trajectory.
(7) Provision of Direct ESL Services.
(a) EL students in elementary school
identified for ESL services via a Department of Education-adopted English
language proficiency screener described in State Board Policy 3.207 shall
receive a minimum of one (1) hour of Direct ESL Service per school day from a
teacher who holds an ESL endorsement, until the student achieves a qualifying
score for exit on the Department-adopted English language proficiency
assessment listed in State Board Policy 3.207 to be exited from Direct ESL
Service or achieves a sufficient score on the Department-adopted English
language proficiency assessment pursuant to State Board Policy 3.207 to have
Direct or Indirect ESL Services modified by the ILP Team pursuant to paragraph
(9) of this Rule.
(b) EL students
in middle and high school identified for ESL services via a Department of
Education-adopted English language proficiency screener described in State
Board Policy 3.207 shall receive a minimum of one (1) hour of Direct ESL
Service per school day or the equivalent of one (1) full-class period of at
least 45 minutes in duration per school day, from a teacher who holds a license
with an ESL endorsement, until the student achieves a qualifying score for exit
on the Department-adopted English language proficiency assessment pursuant to
State Board Policy 3.207 to be exited from Direct ESL Service or achieves a
sufficient score on the Department-adopted English language proficiency
assessment to have Direct or Indirect ESL Services modified by the ILP Team
pursuant to paragraph nine (9) of this Rule.
(c) Parents or guardians of EL students shall
be annually informed of the right to waive placement of their child(ren) in ESL
programs, and each LEA shall provide the parent(s) or guardian(s) the option to
waive Direct ESL Services before services are provided, or at any time during
the course of the school year.
(d)
If the parent(s) or guardian(s) waives Direct ESL Services for the student, the
general education classroom teacher shall be responsible for providing Indirect
ESL Services in the form of linguistically appropriate scaffolding and
accommodations within the general education setting as described in the
student's ILP.
(8) LEAs
shall ensure that all teachers who provide Direct or Indirect ESL Services are
annually trained in delivering ESL instruction. At a minimum, this training
shall include, but not be limited to:
(a) The
Tennessee English language development (ELD) standards;
(b) Appropriate ESL instructional methods to
use with grade-level academic content standards in English language arts,
mathematics, science and social studies;
(c) English language acquisition training for
general education teachers to understand the process of acquiring a second or
subsequent language;
(d) Strategies
for collaboration between teachers serving EL students so that ILPs are
developed and implemented by all educators; and
(e) The requirements regarding ILP
development and implementation.
(9) EL students shall be assessed annually
using the Department-adopted English language proficiency assessment identified
in State Board Policy 3.207 to determine if the Direct ESL Services provided
may be modified by the ILP Team.
(a) If
applicable, LEAs may tailor the services provided to students, including
providing less than one (1) hour of Direct Service per day or less than the
equivalent of one (1) full-class period of at least 45 minutes in duration per
school day pursuant to paragraph (7) of this Rule and requirements specified in
State Board Policy 3.207.
(10) An ESL Program may be provided through
various service models. These service models shall be delivered through
scheduled ELD-aligned course instruction, pull-out instruction, or co-teaching
instruction and may be provided in ESL classrooms, general education
classrooms, in newcomer centers or programs for recently arrived ELs (RAELs),
or virtual classrooms. Direct ESL Services shall be provided utilizing one (1)
or more of the following Department-approved service models:
(a) Sheltered English Instruction;
(b) Structured English Immersion;
(c) Specially Designed Academic Instruction
in English (SDAIE);
(d)
Content-Based Instruction (CBI);
(e) Heritage Language Instruction;
(f) Another model approved by the
Department.
(11) All
service models shall:
(a) Be evidence-based
and effective;
(b) Provide
effective language instruction educational programs that meet the needs of ELs
and demonstrate success in increasing English language proficiency and student
academic achievement; and
(c) Be
aligned to the Tennessee ELD standards.
(12) LEAs shall ensure that all EL students
suspected of having a disability are located, identified, and evaluated for
special education and related services in a timely manner, in accordance with
the Individuals with Disabilities Education Act, Section 504 of the
Rehabilitation Act of 1973, and T.C.A. §§
49-10-101, et seq.
(a) When conducting special education and/or
Section 504 evaluations, LEAs shall consider the English language proficiency
of EL students in determining the appropriate assessments and other evaluation
materials to be used. EL students shall not be identified as students with
disabilities solely because of their limited English language
proficiency.
(b) LEAs shall provide
EL students with disabilities with both the language assistance and
disability-related services to which they are entitled under state and federal
law.
(c) Neither Response to
Instruction and Intervention (RTI2) nor special
education services shall be used in place of Direct ESL Services.
(13) LEAs shall ensure that EL
students suspected of having Characteristics of Dyslexia are screened and
served in accordance with T.C.A. § 49-1-229 and the State Board Dyslexia
Individualized Learning Plan Rule Chapter 0520-01-22.
(a) When conducting screenings for
Characteristics of Dyslexia, LEAs shall consider the English language
proficiency of EL students in determining the appropriate assessments and other
evaluation materials to be used. EL students shall not be identified as having
Characteristics of Dyslexia solely because of their limited English language
proficiency.
(b) In addition to an
ILP developed pursuant to this Chapter, an LEA shall provide to an EL student
identified as having Characteristics of Dyslexia an Individualized Learning
Plan - Dyslexia (ILP-D) in accordance with State Board Dyslexia Individualized
Learning Plan Rules Chapter 0520-01-22. The EL's ILP and ILP-D shall be
coordinated to ensure the seamless provision of coherent and complete services
and supports.
(14) Two
(2) high school ESL courses shall be counted toward the four (4) English
credits required for graduation. At least one (1) of the ESL courses counted
toward graduation credit shall be counted toward credit in an English course
with an end-of-course assessment. Additional high school ESL courses shall be
counted as elective humanities credits.
Authority: T.C.A. §§
49-1-302,
49-3-104, and 49-3-105; Chapter 966 of the Public Acts of 2022; 42 U.S.C. §
2000d; and 20 U.S.C. §
1703.
