Districts, Schools and Educators

Critical Elements for English Learner Program Compliance

Critical Element 3: Staffing and Professional Development

Local educational agencies (LEAs) must adequately staff the language instruction educational program (LIEP) and train all staff working with English learners (ELs).

3.1 The LEA assures that ELs have access to teachers who meet current licensing requirements for the state of Minnesota, including any requirements for certification obtained through alternative routes to certification.

Public Law 114-328, Every Student Succeeds Act of 2015, section 1111(g)(2)(J)

Minnesota Rule 8710.0100 Scope

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

3.2 The LEA assures that all teachers in any language instruction education program for English learners are fluent in English and in any other language used for instruction, including having written and oral communication skills.

Public Law 114-328, Every Student Succeeds Act of 2015, section 1116 (c).

3.3 The LEA assures that instructional paraprofessionals assisting a licensed teacher, including individuals employed in the LIEP have:

  1. completed at least 2 years of study at an institution of higher education
  2. obtained an associate’s (or higher) degree; or
  3. met a rigorous standard of quality and can demonstrate, through a formal State or local academic assessment –
  4. knowledge of, and the ability to assist in instructing, reading, writing, and mathematics, or readiness for the above skills.

Public Law 114-328, Every Student Succeeds Act of 2015, sections 3201(11) and 8101(42)(B)(xvi)

34 Code of Federal Regulations (CFR) Section 200.58

3.4 The LEA provides effective professional development to classroom teachers (including teachers in classroom settings that are not the settings of LIEPs), principals and other school leaders, administrators, and other school or community-based organizational personnel that (is):

  1. designed to improve the instruction and assessment of English learners;
  2. designed to enhance the ability of such teachers, principals, and other school leaders to understand and implement curricula, assessment practices and measures, and instructional strategies for English learners;
  3. effective in increasing children’s English language proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers;
  4. of sufficient intensity and duration (which shall not include activities such as 1-day or short-term workshops and conferences) to have a positive and lasting impact on the teacher’s performance in the classroom;
  5. aligned with state, local and English language development standards;
  6. [allows] licensed teachers [to] recognize students' diverse needs in cross-cultural settings and are able to serve the oral language and linguistic needs of students who are English learners by maximizing strengths in their native languages in order to cultivate students' English language development, including oral academic language development, and build academic literacy; and provides effective training on culturally responsive pedagogy that enables students to master content, develop skills to access content, and build relationships;
  7. provides teachers of English learners, including [EL] and content teachers, with differentiated instructional strategies critical for ensuring students' long-term academic success; the means to effectively use assessment data on the academic literacy, oral academic language, and English language development of English learners; and skills to support native and English language development across the curriculum;
  8. effectively meets the needs of a diverse student population, including English learners, within the regular classroom and other settings;
  9. includes strategies for training teachers and other school staff to work effectively with parents and guardians; Is consistent with Minnesota state statutes;
  10. coordinated with the district’s professional development activities; and
  11. evaluated and adjusted where needed.

Public Law 114-328, Every Student Succeeds Act of 2015, sections 3115(c)(2)

Minnesota Statutes, section 120B.12, Subdivision 4(4)(5); section 26, Subdivision 3 (2); 122A.60, Subdivision 1a(8) Staff Development Program and Subdivision 3(2); section 124D.895, Subdivision 2(6) and 124D.61 Education for English Learners Act

Minnesota Learning for English Academic Proficiency (LEAPS) Act of 2014, Chapter 272, H.F No. 2397, Article 1

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

Sample Evidence to support Critical Element 3:

  • Teacher licensure file folder numbers
  • A description of the process for certifying highly qualified staff
  • A description of the instructional responsibilities of the staff
  • A description of the process for ensuring teacher fluency in English and any other language used for instruction
  • Paraprofessionals’ job descriptions
  • Schedules of paraprofessionals and teachers
  • A description of professional development initiatives as related to EL for instructional and non-instructional staff
  • Needs assessment results
  • Agendas and PowerPoint Presentations or handouts from trainings
  • Evaluations from trainings
  • Sign-in sheets for trainings
  • Staff Development plan includes outcomes (2) and (3) from Minnesota Statutes, section 122A.60, subdivision 3.
  • Emails or flyers inviting all staff to EL-related trainings

Updated 3-26-2018