Districts, Schools and Educators

Critical Elements for English Learner Program Compliance

Critical Element 2: Effective Language Instruction Educational Programs (LIEPs)

Local educational agencies (LEAs) must implement effective LIEPs for English learners (ELs).

2.1 Programs for English learners must:

  1. Address challenging state academic and English Language Development (ELD) standards.
  2. Be based on sound educational theory.
  3. Be based on reasonable calculations of the programs and practices, including resources and personnel to implement this theory effectively.
  4. Use effective approaches and methodologies [including bilingual educational programs] for teaching ELs and immigrant children and youth (see §3115[a][1][4]).
  5. Demonstrate successes in increasing English learners’:
  1. English language proficiency.
  2. Academic achievement.

Public Law 114-328, Every Student Succeeds Act of 2015, sections 1111(b)(2)(G), 3115(a) and (c)(1), 3116(b)(1)(2), 3201(7)

Minnesota Statutes, section 124D.61(2) Education for English Learners Act

Lau versus Nichols, 1973 [Title VI of the Civil Rights Act of 1964]

Castañeda versus Pickard, 1982 [648 F.2d 989 (5th Cir. 1981)]

2.2 The LEA has in place a written plan of services that:

  1. Describes the amount, scope and sequence of services offered to ELs by English proficiency level.
  2. Is available to parents upon request.
  3. Were developed in consultation with its stakeholders (i.e., teachers, researchers, school administrators, parents and family members, public or private entities, and institutions of higher education).

Public Law 114-328, Every Student Succeeds Act of 2015, sections 1112(e)(3) and 3116(b)(4)(C)

Minnesota Statutes, section 124D.61 (2) Education for English Learners Act

2.3 The programs and activities are evaluated to determine effectiveness. The evaluation must:

  1. Be completed within a continuous improvement cycle to determine needs, effectiveness of strategies to address needs, and fidelity of implementation.
  2. Lead to adjustment of programming (i.e., objectives, instructional strategies, curricula, instruction materials, educational software, and assessment procedures) where needed to ensure students’ language barriers are actually being overcome.

Public Law 114-328, Every Student Succeeds Act of 2015, sections 3113(b)(8), 3115(d)(1-2), and 3121(b)

Castañeda versus Pickard, 1982 [648 F.2d 989 (5th Cir. 1981)]

2.4 Students receive all services for which they are eligible and have access to programming in which all other children are eligible to participate.

Public Law 114-328, Every Student Succeeds Act of 2015, sections 3124(1)-(2) and 3126

Minnesota Statutes, section 124D.61 Education for English Learners Act

The Civil Rights Act of 1964, Public Law 88–352, 78 Stat. 241

2.5 If applicable, the LEA has implemented specific programs for immigrant children and youth.

Public Law 114-328, Every Student Succeeds Act of 2015, sections 3102(2)-(4), 3115(a)(e), and 3201(5)

Sample evidence to support critical element 2:

  • A description of the EL program that includes a description of the types of services provided.
  • A description of how the EL program is differentiated to accommodate the progress of students in academic language proficiency.
  • Rationale and data that informed decisions regarding EL program design.
  • Evidence of English language proficiency (ELP) standards implementation.
  • Evidence of the alignment of ELD and content standards, especially for those courses or services that are credit bearing.
  • Sample student schedules, teacher schedules and master schedules as evidence that schedules support curriculum implementation.
  • Plan of services is available on district website.
  • Instructions on parent letter on how to request a copy of the service plan.
  • Needs assessment including language proficiency data.
  • Individual Education Plans (IEPs) and other student records in student cumulative files.
  • Evaluation rubrics/tools.
  • A description of progress data and how the progress data informs programming decisions.
  • Examples of collaboration may include Title I Part A, Title I Part C, Title II Part A, Title II Part D, Title III, Title IV, Title V, special education, curriculum review, tutoring, parent involvement and professional development initiatives, and other grants, such as: 21st Century, Drop Out Prevention, Refugee School Impact Grant, Title III Immigrant or other.
  • Advertisements for clubs and other activities in all languages represented.
  • Written inclusion policies and procedures.
  • Title III Immigrant Children and Youth work plan.

Updated 12-18-2018