General Requirements-EL Student Program Assurances

1. A Home Language Survey (HLS) is used at the time of initial enrollment to determine the student’s primary language, and within 30 calendar days of initial enrollment, each student whose HLS indicates a language other than English, is assessed for English proficiency by means of the state-designated instrument. (California Education Code (EC) §313, 60810; Title 5, California Code of Regulations (5 CCR) §11307(a); 20 United States Code (USC) §6312; Public Law (PL) 114-95, §1112(e)(3)(A)(i))
2. All English learners (ELs) are annually assessed for English language proficiency until the pupil is reclassified as fluent English proficient (FEP). The assessment used must be aligned with the State’s English language development standards. (20 USC §6312; PL 114-95, §1112(e)(3)(A)(i); EC §313, §60810[c][5], §60810[e][7])
3. All parents of EL and FEP students are notified in writing of their child's English language proficiency assessment results. (20 USC §6312; PL 114-95, §1112[e][3][A][ii])
4. The LEA provides each EL a program of instruction in English-language development in order to develop proficiency in English as effectively and efficiently as possible. (20 USC §6825; PL 114-95, 3115(c)(1)(A); EC §305, §306, § 310; 5 CCR §11302(a); Castañeda v. Pickard (5^th Circuit (Cir.) 1981) 648 F.2d 989)
5. The LEA provides all EL students access to the content and performance standards for their respective grade levels or the LEA has a plan that describes how academic deficits will be monitored and overcome within a reasonable time before such deficits become irreparable. (20 USC §6825; PL 114-95, 3115 (c)(1)(B); EC §305(a), 5 CCR §11302(b); Castañeda v. Pickard (5^th Cir. 1981) 648 F.2d 989)
6. The Individualized Education Program team determines placement of each student with disability, regardless of language proficiency. (20 U.S.C. §1414(d)(A)(B), §1414(d)(3)(B)(ii))
7. The LEA will assign an adequate number of qualified teachers to implement the required English-language development instruction and all other academic areas of the curriculum. (20 USC §6826; PL 114-95, §3116(c); EC §44253.1, §44253.2, §44253.3, §44253.10; Castañeda v. Pickard (5^th Cir. 1981) 648 F.2d 989)
8. The LEA provides a staff development program to qualify existing and future personnel (both teachers and paraprofessionals) in the skills necessary to help each EL student learn English and access to the content and performance standards for their respective grade levels. (20 USC §6825; PL 114-95, §3115(c)(2); Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989)
9. The LEA provides adequate basic and supplemental resources to each EL student with learning opportunities in an appropriate program providing equal opportunity for academic achievement across the core curriculum, including classes necessary to complete graduation requirements. (20 USC §1703(f); Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989)
10. The LEA uses verifiable criteria consistent with EC §313(f) that have been established by the district, if EL students are enrolled, to change a student's designation from EL to reclassified fluent English proficient (RFEP) status. Each former EL who has been RFEP has:
    1. demonstrated English language proficiency comparable to that of the average native speakers; and
    2. participated equally with average native speakers in the school's regular instructional program. (20 USC §1703(f); Gomez v. Illinois State Board of Education (7th Cir. 1987) 811 F.2d, Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989); and Keyes v. School Dist. No. 1 (D. Colo. 1983) 576 F. Supp. §§1503, 1516-1522; 5 CCR §§11302, 11303(d))
11. The LEA meets the requirements of EC §62002.5 regarding the advisory functions of the LEA and school committees on services for ELs.
12. The LEA establishes and implements a process and criteria to determine the effectiveness of the program(s) for ELs. (20 USC §1703(f), 6841; Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989)
13. Upon submission of the Title III EL and Immigrant Student subgrant application on the Consolidated Application and Reporting System (CARS), LEAs acknowledge responsibility for accuracy of all data and narrative information submitted to the California Department of Education (CDE).
14. Acceptance of the CARS application by the CDE does not:
    1. constitute approval or validation of the information provided, or acceptance of that information for purposes of satisfying any outstanding corrective actions under program determination letters or program monitoring reports; or
    2. limit or compromise in any way the CDE’s ability to conduct audits, investigations, or program monitoring in connection with the information provided in your application and then secure any needed corrective actions.

Back to Legal Assurances