Ensuring compliance in Title I.C and Title III

1. Shawn Cockrum and Yaya Badji Ensuring compliance in Title I.C and Title III Missouri Departmentof Elementary and Secondary Education MAY 2011

2. Goals • To give participants an understanding of federal and state requirements surrounding the Migrant and ELL programs in Missouri • To give participants additional tools in meetings the special needs of Migrant students and English language learners

3. NCLB Statement of Purpose “The purpose of this title is to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and State academic assessments.”

4. Program Background Migrant Education Program (Title I.C) Language Instruction for Limited English Proficient and Immigrant Students (Title III)

5. What is Required? • Fiscal and Administrative • Identification and Placement • Parents • Services • Accountability

6. Fiscal and Administrative Accounting requirements Board Adopted Policies Non-Public students Fluent teachers Board-Appointed ELL Coordinator Supplement/Supplant

7. Fiscal and Administrative Accounting RequirementsObligations and expenditures of federal funds are recorded with a separate accounting code for each program. Written Policy • A board-adopted policy which addresses: • student identification • language assessment • delivery of services

8. Fiscal and Administrative Fluency • Districts must certify that teachers in any Title III language instructional program must be fluent in English District ELL Coordinator • The district has a board-appointed ELL coordinator

9. Supplementing State and Local Federal funds must be used only to supplement, not supplant, the funds that would be available from nonfederal sources in the absence of these funds. Supplanting occurs if federal funds were used to provide services that: • were required to be made available under other federal, state or local laws; • were provided with non-federal funds in prior year; • were provided to participating children, if those same services were provided with non-federal funds to non-participating children.

10. Identification and Placement Migrant English Language Learners Immigrant Children and Youth Migrant Priority for Service

11. Identification and Placement MigrantThe district must have a procedure to identify those students who have family members who have been or are engaged in temporary or seasonal agricultural-related work. ELL • The district has a procedure to survey the enrolled student body and identify students whose first language, or home language, or both, is other than English.

12. Identification and Placement • Questions DESE requires the district to ask all students upon enrollment the following: • Is there another language spoken in the home? • Is English the child’s first language?

13. Identification and Placement • Questions A federal court recently ruled (3-25) that Arizona must require all districts to ask the following: • • "What is the primary language used in the home regardless of the language spoken by the student?" • • "What is the language most often spoken by the student?" • • "What is the language that the student first acquired?"

14. Identification and Placement • Immigrant the term “immigrant children” is defined as children: • who are ages 3 through 21 • who were not born in this country, and • who have been attending schools in one or more states for less than three complete academic years.

15. Identification and Placement Priority for Services (NCLB, 1304(d)) • The Priority for Service (PFS) criteria for migrant students is based on two factors: • academic performance • school interruption based on migrant lifestyle. • Students who meet the definition must receive services funded through Title IC before other migrant students receive Title IC funded services.

16. Parents Parent Advisory Councils Parental Involvement Appropriate Communications Parent Recommendations Refusal

17. Parent Advisory Council MEP is designed and implemented in consultation with the Parent Advisory Council. • Parent Advisory Council Policy on file • List of dates of PAC meetings • list of PAC members (migrant parents represent over 50% of the PAC) • meeting agendas, minutes, sign-in sheets

18. Parent Involvement The district involves migrant parents in policy development, parent-school compacts, and capacity building activities. Appropriate Communications The district provides evidence that information is provided in a language and form that parents understand.

19. Notification (NCLB 3302) 30 days from the start of the school year or within two weeks of placement: • child's identification and placement • child’s level of English proficiency, how assessed • status of child’s academic achievement • type of language acquisition program and method of instruction used in child’s program • program exit requirements

20. Recommendations Administrators, Title I teachers, and LEP teachers meet at least annually to consider and respond to parent recommendations. • Meeting agendas and minutes of meetings • List of attendees

21. Parent’s may… Immediately remove their child from Title III supplemental programs upon request. Decline enrollment in the Title III supplemental program or choose another program or method of instruction, if available. Request the LEA’s assistance in selecting among various programs and methods of instruction offered by Title III.

22. Services Appropriate Instruction 19 or fewer/More than 20 Professional Development

23. Appropriate Instruction Each English Language Learner shall be enrolled in programming appropriate for his or her level of English proficiency and academic potential. Programs for ELLs shall seek to develop each student’s English language proficiency and academic potential. Office for Civil Rights

24. Services If more than 19 ELL students are identified, a full-time, qualified ESOL teacher has been hired to provide appropriate instructional services. Evidence Sources • written ELL description of services • class schedules of qualified ELL teacher(s)

25. Title III PD Must be… • Designed to improve the instruction and assessment of LEP children; • Designed to enhance teachers 'ability to understand and use curricula, assessment measures and instruction strategies; • Be based on research; and • Be of sufficient intensity and duration.

26. Accountability AMAOs Parent Notification Requirements for districts not meeting AMAOs

27. AMAOs Title III, section 3122: Each State shall develop annual measurable achievement objectives for LEP students served under Title III that relate to such children’s development and attainment of English proficiency while meeting challenging State academic content and student academic achievement standards as required by Title I, section 1111(b)(1).

28. What are AMAO’s I: annual increases in the # and % of LEP students MAKING PROGRESS in learning English; II: annual increases in the # and % of LEP students reaching ATTAINMENT of English proficiency; and III: making ADEQUATE YEARLY PROGRESS (AYP) for LEP students under Title I

29. Parent Notification & AMAOs • Parents must be notified of the LEA’s failure to meet the annual measurable achievement objectives no later than 30 days after this failure occurs.

30. Accountability • Failure to meet annual achievement objectives for two consecutive years: • Develop and implement an Improvement Plan. • MELL provides technical assistance. • MELL assists the LEA with developing professional development. • Failure to meet annual achievement objectives for four consecutive years: • Modify curriculum, program and method of instruction. • Replace education personnel. • DESE decides to continue/discontinue Title III funds.

31. Contact Us Shawn Cockrum, Director (573) 751-8280 shawn.cockrum@dese.mo.gov Yaya Badji. Supervisor (573) 522-1567 yaya.badji@dese.mo.gov