Dear County and District Superintendents and Charter School Administrators:

Observation Protocol for Teachers of English Learners

Under Title III, Part A of the Every Student Succeeds Act (ESSA) (20 United States Code [USC] Section 6821), state educational agencies must establish and implement standardized, statewide reclassification procedures for English learner (EL) students to exit from EL programs, services, and status. In California, there are four required criteria that local educational agencies (LEAs) must use to establish reclassification policies and procedures:

• Assessment of English language proficiency (ELP) using an objective assessment instrument developed pursuant to California Education Code (EC) Section 60810, which, in California, is the Summative English Language Proficiency Assessments for California (ELPAC) and Summative Alternate ELPAC;
• Teacher evaluation, including, but not limited to, a review of the student’s curriculum mastery;
• Parent opinion and consultation; and
• Comparison of student performance in basic skills against an empirically established range of performance in basic skills of English proficient students of the same age. (EC Section 313[f]).

EC Section 313.3 required the California Department of Education (CDE) to develop the Observation Protocol for Teachers of English Learners (OPTEL). The OPTEL was developed to support a standardized, statewide reclassification process for reclassification Criterion 2, teacher evaluation, and Criterion 3, parental opinion and consultation. The California State Board of Education unanimously approved the OPTEL on November 8, 2023.

Through a development process that included educators from across the state, the OPTEL was designed for ease of use by all teachers to monitor and evaluate EL students’ receptive (listening and reading) and expressive (speaking and writing) language use in the classroom. In addition, the OPTEL provides a standardized method to consult with parents regarding their children’s progress toward proficiency in English during the school year. The OPTEL has been scientifically validated to meet legislative requirements. It can be used:

• By teachers to evaluate a student’s use of English while the student is engaged in academic content learning, including interactive language use with peers;
• To enable teachers to assess language practices across a range of proficiency levels and help identify student performance along the continuum of progress toward proficiency in English;
• For all EL students who take the Summative ELPAC, including those with individualized education plans; and
• By content area teachers at all grade levels, English language development teachers, bilingual teachers, and special education teachers.

As California strengthens the standardization of reclassification criteria, as required by ESSA, the CDE strongly recommends that LEAs transition to using the OPTEL for local reclassification processes. As a reminder, Title III funds must be used to accomplish the following:

• Increase the ELP of EL students by providing effective language instruction educational programs;
• Provide effective professional development; and
• Provide activities and strategies that enhance educational programs for EL students which include parent, family and community engagement.
  (20 United States Code Section 6825[c]).

Keeping the “supplement, not supplant” rule in mind (20 USC Section 6825[g]), Title III funds may also be used to further any of the stated purposes of Title III, part A, through any of the activities listed in 20 USC Section 6825(d).

Resources related to the development and implementation of the OPTEL are available on the CDE OPTEL webpage at https://www.cde.ca.gov/sp/ml/optel.asp. Additionally, information and guidance on reclassification is available on the CDE Reclassification web page at https://www.cde.ca.gov/sp/ml/reclassification.asp.

For questions regarding the OPTEL, please email OPTEL@cde.ca.gov.

If you have questions regarding EL programs and services, identification, or reclassification in general, please email the Language Policy and Leadership Office at LPLO@cde.ca.gov.

Signed by

Sarah Neville-Morgan, Deputy Superintendent
Opportunities for All Branch

SNM:ei