Assignment 1- ESOL PDF

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Florida Consent Decree Andrew Fick Daytona State University

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In August of 1990, the District Court of Florida signed into being the Florida Consent Decree with the case of LULAC vs. the State of Florida. A piece of legislation outlining the identification and services of students whose main language is other than English. Many organizations came together and decided that English Limited Learner (ELL) students deserve access to services so that they can succeed socially and inside the classroom. The legislation focuses on six of the following issues: Identification and Assessment, Equal Access to Appropriate Programming, Equal Access to Appropriate Categorical and Other Programming for English Limited Learner Students, Personnel, Monitoring and Outcome Measures. In addition to the Florida Consent Decree, the case of Lau v. Nichols make sure that ELL students are properly taken care of and receive instruction that it beneficial to their development. The first part of the Florida Consent Decree focuses on the identification of ELL students. To be able to receive the benefits of an ESOL program in school, the student must have certain requirements. The first of which in the process of identification is a home language survey which is administered to all students. The survey includes 3 questions: Is a language other than English used in the home? Does the student have a first language other than English? Does the student most frequently speak a language other than English? If the student does speak a different language in the home then they are referred to an ELL committee. The committee is made of ESOL instructors, administrators, and other officials to determine if the student is ESOL eligible. If admitted the student is made a plan for their instruction. During their education they are given English Language Assessments that test their reading and writing skills. The second part of the FDC is Equal Access to Appropriate Programming. This describes that all ELL’s are entitled to appropriate programming to their level of english proficiency,

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academic achievement and special needs. Equal access to appropriate programming includes five requirements. The first of which is a district plan outlining the standards, services, provisions for staff and proof of a parent council. The second requirements is basic ESOL instruction of English appropriate with the skill level of the students. The third is home language instructional strategies. This is just fancy way of saying teaching done in the student’s native language. The fourth is the identification of interim staffing and in service measures. Meaning that not all schools have access to trained personal and are given the option to seek outside aid to ensure that students are learning. The last requirement is that parents are involved in their student’s education. These requirements ensure that ELL students are being taken care of. To be effective, the instruction must have two things: It must be understandable for the student’s level of English and must be equal in the difficulty to that of the native English speakers. The main goal of this being that ELL students increase their proficiency in academics and the English language. The third part of the Florida Consent Decree says that all students have equal access to programs and activities regardless of their English proficiency. These programs can be in school or afterschool programs. These can include but are not limited to sports programs, club activities and academic clubs. Section three also outlines special requirements for certain programs for ELL students. These include compensatory education, exceptional student education, dropout prevention, student services, pre-k programs, equal access for immigrant students, chapter 1 programs, pre-first grade classes, homeschool communication and discipline. All of these include equal access to services and instruction while in these programs. The fourth section includes personnel. This section explains that teachers may obtain the necessary training to teach ELL students. It also explains the requirements of personnel. These

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are certification and in-service, certification required as appropriate coverage, exemptions, supply of personnel, in-service evaluation and an implementation schedule of section four. It also breaks down the requirements of in-service personnel. The fifth and sixth sections of the Florida Consent Decree are monitoring issues and outcome measures. The Florida DOE is charged with monitoring local school districts to ensure compliance with the consent decree. Monitoring is carried by the Bureau of Student Achievement through Language Acquisition (SALA). It monitors program compliance, equal access, and review of program effectiveness. If there is a complaint then it is investigated within 60 days. The Florida Department of Education is also required to develop an evaluation system to address equal access and program effectiveness. Florida DOE is Collects and analyzes data regarding the progress of ELLs. These include annual written summaries, program references, S\staff training, parental involvement and school practices. All of these part of the Florida Consent Decree come together to provide students will equal opportunities for success. There are many other legislations that have passed to further help students across the country receives the help they deserve. One other is of utmost importance in providing students with equal opportunities. The case of Lau v. Nichols. According to Susan C. Bon, an associate  professor of the Graduate School of Education at George Mason University, “Lau  v. Nichols, case in which the U.S. Supreme Court on January 21, 1974, ruled (9–0) that, under the Civil Rights Act of 1964, a California school district receiving federal funds must provide non-English-speaking students with instruction in the English language to ensure that they receive an equal education.” This case spoke volumes for those who were falling behind in their education due to improper instruction. It spoke out against

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discrimination and gave children who did not speak English in America an chance at a successful future. However, there is another problem teachers and school districts face. The problem is that many parents of potential ELL students do not understand the importance of getting their child into the ESOL program and also do not understand what services are provided for their student. That is why it is so important for teachers to know the Florida Consent Decree. Teachers must be able to advocate for their students so that they receive the best education possible and for them to thrive socially in the world around them. It is a daunting challenge for students and parents that speak other languages in America to receive a proper education. They are experiencing a culture different from their own. This affects the learning capability of the child. It is the privilege of teachers to provide these services outlined in the Florida Consent Decree so that all students are treated equally with respect and dignity.

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Works Cited

Bon, S. C. (2014, September 23). Lau v. Nichols . Retrieved from https://www.britannica.com/topic/Lau-v-Nichols S. (n.d.). Consent Decree . Retrieved from http://www.fldoe.org/academics/eng-language-learners/consent-decree.stml...