of English Language Learners
Title I, Section 1112
NCLB Title III, Sections 3113, 3212, 3213, 3247, 3302
Language Learner provisions are included under Title I and Title
III of NCLB. Title I outlines the state standards, assessment, annual
yearly progress, and other accountability requirements for ELL students.
Title III provides funding to state and local education agencies
who are obligated by NCLB to increase the English proficiency and
core academic content knowledge of Limited English Proficient students
(another term is ELL-English Language Learners, although NCLB uses
the term “LEP” for Limited English Proficiency). Under
this title, local school districts decide on the method of instruction
to be used to teach ELL students English, but requires that instructional
programs to be scientifically proven to be effective.
education agencies, school districts and schools must:
that ELL students, including immigrant children and youth, develop
English proficiency based on state expectations, and meet the
same academic content and achievement standards that all children
are expected to meet.
Provide parental notification as to why their child is in need
of placement in a specialized language instruction program.
Administer reading assessments using tests written in English
to any student who has attended school in the United States for
3 or more consecutive years, unless it is determined by the school
district, on a case-by-case basis, that native-language tests
will yield more accurate results.
Test at least 95% of those students identified as ELL in reading/language
arts and math, and by 2006 in science, required by all public
school students in the state. The assessment should be designed
to provide information on the proficiency of ELL students to master
Assess in a language and a format most likely to elicit the above
information and which would allow the state and local school district
to make testing accommodations (such as developing an assessment
in a student’s native language, providing translation help
and/or conducting an oral test).
Report the tests scores of ELL students as one of the subgroups
to be disaggregated, and as part of the state, district and school
test scores for all of the students.
Involve ELL parents in the decision-making process of Title III
programs and activities at both the state and local levels.
there are 5.5 million ELL students in U.S. public schools who speak
more than 400 different languages. Eighty percent of ELL students
speak Spanish as their first language. This constitutes more than
12 percent of those students in public elementary and secondary
You Need to Know
Title III funds are to be used to provide language instruction educational
programs—defined as courses in which ELL students are placed
for the purpose of attaining English proficiency, while meeting
challenging State academic content and student academic achievement
standards. These programs may make use of both English and the child’s
native language to enable the child to develop and attain English
proficiency, but school districts are required to “use approaches
and methodologies based on scientifically-based research.”
Each school or district using Title III funds must implement an
effective means of outreach to parents of ELL children. They must
inform parents about how they can be active participants in assisting
their children to learn English, achieve at high levels in core
academic subjects and meet State standards.
Education Agencies Must:
how they will define the ELL subgroup. The state may narrowly
define the subgroup as only those students receiving direct, daily
ELL services; or a state could define the group more broadly to
include those students receiving direct services and students
being monitored based on their achievement on academic assessments.
Explain in their Title III application how the state plans to
increase ELL student’s English proficiency in four domains:
speaking, listening, reading and writing;
Describe how the state will align the above objectives with the
challenging states academic standards;
Consult parents when developing the annual measurable achievement
objectives used to monitor the academic progress of ELL students.
Provide assurances that schools districts, education-related community
groups and non profit organizations, parents, teachers, school
administrators and researchers were involved in developing the
annual measurable objectives for ELL students
III Schools and School Districts Must:
- Describe in their Title II application to the
state how the district has consulted with teachers, researchers,
administrators, and parents, and others in developing their Title
- Inform parents of a child identified for participation
in a Title III program within 30 days after the beginning of the
school year. For a child who enters school after the beginning
of the school year, the school must inform parents within two
weeks of the child's placement in such a program.
- Communicate with parents in an understandable
and uniform format, which means communicating the same information
to all parents, and in a method that is effective.
III School Districts Must Inform Parents of:
The reasons for identifying their child as being limited English
proficient and for placing their child in a language instruction
educational program for LEP students;
The child’s current level of English proficiency, including
how the level was assessed and the status of the child’s
The method of instruction that will be used in the program, including
a description of all language programs;
How the program will meet the educational strengths and needs
of the child;
How the program will help the child learn English and meet academic
How the program will meet the objectives of an individualized
education program for a child with a disability;
The program exit requirements, including when the transition will
take place and when graduation from secondary school is expected;
The parents' rights, including written guidance that (A) specifies
the right to have their child immediately removed from a language
instruction educational program upon request, (B) describes the
options that parents have to decline to enroll their child in
such a program or to choose another program or method of instruction,
if available, and (C) assists parents in selecting among various
programs and methods of instruction, if more than one program
or method is offered.
Districts are Required to Notify Parents of Student Academic Failure:
school districts are required to provide notice to the parents of
ELL children participating in a Title III program of any failure
of the program to help the child make progress on annual measurable
achievement objectives. This notice is to be provided no later than
30 days after this failure occurs and must be provided in an understandable
and uniform format and, to the extent practicable, in a language
that the parent can understand.
III Funds May Be Used for the Following School District and/or School
- English Instruction
- Staff training and professional development
- Curriculum development
- Remedial tutoring, tutorials, and/or youth counseling
- Technology acquisition
- Parent Involvement
- Support for teacher aides trained to provide
services to ELL students
Academic Information Does Your School District Have to Track About
Their ELL Students?
- Must report the district’s ELL students'
results from the ELL English proficiency assessment;
- How many ELL students are attaining proficiency
by the end of each school year;
- Show what percentage of the district’s
- Are making progress in English proficiency;
- Have achieved English proficiency; and
- Have transitioned out of the ELL program,
meaning that they are no longer in ELL classrooms and are
proficient enough to achieve academically in English.
Required of ELL Students
- All ELL students must be included in the state
assessment required of all students. Inclusion in this assessment
must begin immediately when the student enrolls in school, and
no exemptions are permitted on the basis of English proficiency.
For the first three years, however, ELL students may take the
assessment in the student’s native language, but the assessment
must be aligned with the state content and achievement standards.
After three years of attending school in the United States, a
student MUST be assessed in reading/language arts in English,
unless the school district determines, on a case-by-case basis,
that a native language assessment would yield more accurate and
- Districts must annually assess ELL students
on their English language proficiency to determine how proficient
they are in listening, speaking, reading and writing, and this
proficiency data must be sent to the state for compilation. Each
state is required to set annual measurable objectives for school
districts in moving ELL students toward English proficiency.
Definition of a "Limited English Proficient" Student
An LEP (or ELL) student is an individual age 3-21,
who is enrolled (or about to enroll) in a U.S. elementary or secondary
school and meets these two requirements:
- Belongs to one of the following categories:
- Was not born in the United States or speaks
a native language other than English;
- Is a Native American, Alaska Native, or
native resident of outlying areas and comes from an environment
where language other than English has had a significant impact
in the individual’s level of English language proficient,
- Is migratory, speaks a native language other
than English, and comes from an environment where language
other than English is dominant.
- May be unable, because of difficulties
in speaking, reading, writing, or understanding the English language,
- Score at the proficient level on state assessments
of academic achievement;
- Learn successfully in classrooms have language
of instruction is English; or
- Participate fully in society
Department of Education Relaxes First Year Testing Provisions
Under the new regulations announced
on February 19, 2004, by the US Department of Education, states
will be permitted to grant a one-year transition period for English-language
learners in their first year in U.S. public schools. This means
that states and local school districts could exempt first year students
from taking the reading/language arts assessment, but would have
to take the mathematics assessment, with accommodations if appropriate.
However, states would not have to include these scores in the AYP
calculations. In addition, for AYP calculations, states would be
allowed for up to two years to include in the ELL subgroup students
who have attained English. These students would still be required
to take the English proficiency test.
Opportunities for Community Leaders
a copy of the LEA Title III plan and find out which community
organizations gave input to the plan as required by law. Offer
your services and expertise. Use the planning process as a community-building
activity and involve the larger community in the plan’s
Find out what test your state will be using to measure academic
achievement objectives for ELL students. If not in the child's
native language, find out how they intend to determine progress.
Ask about SEA or LEA plans to subcontract with community based
organizations (CBOs) to provide teachers and educators with professional
development and training in developing effective means of working
with LEP students.
Ask about SEA or LEA plans to subcontract with CBOs to provide
outreach and literacy services to parents and families of LEP
Take the opportunity to build or enhance community service links,
such as social services, preventive health programs, parenting
training, drug and substance abuse programs, and supplemental
Monitor the instructional progress of LEP students. Work with
school districts, policymakers, and elected officials to ensure
that LEP students have appropriate resources and materials to
adequately support their instructional program.
Work with parents and community representatives to ensure that
NCLB provisions are implemented.
Educate parents and community representatives about the provisions
of Title III and what their rights are under the law. Organize
community dialogues and town meetings to bring together parents
of various language and ethnic groups to discuss critical educational
and instructional issues.
Track the use of Title III funds to make sure they are being spent
Opportunities for Parent Leaders
a copy of the LEA Title III plan and find out how parents and
families are included in the development of LEP objectives, and
the ways in which the district plans to include literacy opportunities
Ensure that the school district communicates with parents in a
language they can understand.
familiar with the various LEP programs offered by the school district
and the benefits and drawbacks of each.
Make sure you know what resources are available in the school
and in the community to support ELL students and their families.
Title III provides funds for professional development. Make sure
these funds are being used appropriately and effectively.
Make sure that instructors of Title III programs are trained and
certified to work with ELL students. Paraprofessionals may act
as translators providing instructional support services but they
must be under the direct supervision of a certified teacher.