Oregon Department of Education Office of Educational Improvement &

Public Service Building Innovation

255 Capitol St., NE Programs for English Language Learners

Salem, OR 97310-0203 Title III

09-01-2010

A. Self-Assessment and

On-Site Review Process

Links updated 1-26-12

Programs for English Language Learners and Title III

The Oregon Department of Education, Office of Educational Improvement and Innovation, provides these forms to districts serving English language learners. These forms may be used as part of the districts’ self-assessment process. These forms are also used to conduct on-site visitations. The Oregon Department of Education is charged with overseeing the implementation of ORS 336.079 Special English courses for certain children; ORS 336.081 Opportunity to qualify to assist non-English speaking students; ORS 327.013(1)(c)(A)(ii) State School Fund distribution computations (added ADM for students enrolled in an English as a Second Language Program) as well as OAR 581-022-1140 (Equal Educational Opportunities), OAR 581-21-0046(8) (Program Compliance Standard-(8), Bilingual or Linguistically Different Students) and OAR 581-23-100 (3)(C)(b)(4) (Eligibility Criteria for Student Weighting for Purposes of State School Fund Distribution - .5 times the ADM for students in ESL classes). OAR 581-23-100 (3)(C)(b)(4) charge districts to develop programs for English language learners (ELLs) that meet basic U.S. Department of Education, Office for Civil Rights guidelines. The Oregon Department of Education together with its partner, US Department of Education - Office for Civil Rights (OCR), are charged with the responsibility of enforcing Title VI of the Civil Rights Act of 1964, (also http://www.justice.gov/crt/about/cor/13166.php ) which prohibits discrimination based on race, color, or national origin. In Lau v. Nichols (http://www.ed.gov/about/offices/list/ocr/ell/lau.html), the U.S. Supreme Court affirmed the US Department of Education's May 25, 1970, Memorandum regarding Language Minority Children and April 6, 1990 Policy Regarding the Treatment of National Origin Minority Students who are limited English Proficient, which direct school districts to take steps to help English language learners overcome language barriers and to ensure that they can participate meaningfully in the districts' educational programs. Title III law of the NCLB Act of 2001, requires states to report annually on the progress of English language proficiency of English language learners. The Oregon Department of Education is also charged with the responsibility of providing quality assistance to districts and schools serving English language learners. The on-site visitations to districts are intended to support both roles: program assistance and compliance.

About the visit

The review includes gathering information about programs for English language learners from several perspectives: Administrative, Fiscal, Program Evaluation and School Level Review. We also include a set of questions to be used with principals, teachers, instructional assistants, volunteers and/or parents.

Administrative Review – This portion of the visit will look at procedures that are typically the responsibility of district level staff.

Fiscal Review – This review may include staff from the business office and it looks at book keeping practices for federal grants as well as the state funding for ELL programs.

Program Evaluation – Looks at how district staff collect data from district schools serving ELLs, how the data is used for evaluation purposes and to report to the Oregon Department of Education on program activities, professional development and progress of ELLs in the acquisition of English language proficiency and academic standards.

School Level Review – This section of the review is conducted at the schools serving ELLs. Reviewers collect data on the implementation of the district’s ELL program.

Questions and Answers on Visits

How are districts selected for on-site visitations?

Six factors influence when districts will be visited.

1.  Time elapsed since last site visit

2.  Quality of most recent ESEA Sub-grant Application

3.  Requests for program evaluation

4.  Formal compliance complaint filed with the Oregon Department of Education and/or US Department of Education - Office for Civil Rights

5.  Program improvement status

6.  Sudden and or significant increase in number of English language learners.

How should the district prepare for a visit?

Review and use the Self-Assessment and On-Site Review check sheets posted on the ODE website. Many districts set up permanent files using these check sheet questions and establish a process of ongoing maintenance. Beyond this basic preparation, the district will be given an opportunity to work with the visitation team leader to design the visit to meet the district’s specific program questions and needs.

Is there a written report of the visit and what does it include?

Yes. Within six weeks of the visit, the district will receive a written report. The report generally includes an overview of the district program for English language learners as well as program specific reports. The reports are organized into overviews, findings (non-compliance issues that must be resolved), commendations and recommendations. While not binding, recommendations often address those issues and ideas the team suggests to improve program quality. Attached to the written report are final copies of the completed check-off sheets used during the visit.

What does a typical onsite program review look like?

Reviews are typically one or two days, although they may be longer for larger districts. The reviews often begin with a meeting of the district ELD coordinator and other administrative staff. This meeting is to highlight successes, address program issues and to answer specific questions posed by the district. Following the opening meeting, individual team members review program documentation. The remainder of the visit is spent visiting schools to confirm and support the district’s written descriptions and plans. The visit ends with an exit conference, usually with program coordinators and the superintendent or superintendent’s representative. The exit conference is an informal review of the findings, recommendations and commendations emerging from the visit.

What happens if there is a finding of non-compliance of the ELD programs being reviewed?

It is not the purpose of the visit to impose penalties on the district for non-compliance issues. Rather, it is the ODE’s purpose to ensure the district is compliant with the laws and regulations by providing assistance in resolving any non-compliance issues. Once a finding is described, the team leader will work with the district to develop strategies and timelines for resolving the issues.

Are there program areas that are of particular interest to the review team?

Although the team will do a general review of all aspects of the district’s ELD program, several key issues are identified for more in-depth review. This part of the review is more focused on program quality and assistance than on compliance. The initial visits will focus on these areas:

1.  District ELD Program: Planning, Implementation and Updating

2.  Program or strategies to improve English language proficiency of English language learners

3.  Program or strategies to improve the academic level of ELLs in core academic areas

4.  Program strategies for ensuring Highly Qualified Staff in ELD programs

5.  Program strategies for ensuring parental and community participation in programs for ELLs

6.  Program processes to annually test ELLs English proficiency

7.  Program processes to issue parental notification requirement on a timely manner

8.  Processes to collect data needed to include in report to the ODE on program activities, progress of ELLs in learning English and meeting the state English Language Proficiency and Academic Standards.

Is there anything else the district needs to know to prepare for a visitation?

Because visits are designed to meet not only the needs of the visitation team but also the district, each district should feel free to suggest specific modification or additions to the visit that will assist it in developing high quality ELD programs in the larger context of district and school improvement.

DISTRICT REVIEW

(This check sheet will be included with the written report)

Superintendent: District:

C = Compliant IP = In Progress N/A = Not Applicable NC = Noncompliant

ADMINISTRATIVE PROCEDURES

Question /

Regulatory Reference

/ C / IP /

N/A

/ NC
1.  Title III grantees only -Does the district have a consolidated sub-grant plan (including Title III) approved on file at the district office? / Sec. 3116
2.  Does the district have a home language survey to identify student’s first or home language? / Sec. 3127
Title VI– OCR Guidelines
3.  Does the district have evidence that every K-12 student has completed home language surveys? / Sec. 3127
Title VI– OCR Guidelines
4.  Does the district have evidence that all students with home or primary language other than English have been assessed for English proficiency within thirty days at the beginning of the school year or two weeks if enrolled during the school year? / Sec. 3115
5.  Does the district have procedures for determination of language proficiency for program placement purposes by duly trained personnel? / Sec. 3122
OAR 581-23-100 (3)(C)(b)(4)
6.  Does the district have evidence that students who qualified for service were placed in appropriate level of service within thirty days at the beginning of the school year or two weeks if enrolled during the school year? / Sec. 3127
Title VI– OCR Guidelines
7.  Does the district have procedures to inform parents promptly (within 30 days after the beginning of the school year or two weeks during the school year) that their English language learner has been identified for participation in the ELL program, including the right to refuse service? / Sec. 1112
8.  Does the district have evidence that parents who did not wish language support signed an informed refusal of service? / Sec. 1112
9.  Does the district have documentation of appropriate programs, activities, and procedures for the participation of parents of ELLs, family literacy, parent outreach and parent training activities? / Sec. 3116
10.  Does the district have processes in place to annually measure the English proficiency of English language learners using the State proficiency assessment? / Sec. 3116
11.  Does the district have on file at the district office a description of the progress made by English language learners on English proficiency? / Sec. 3121
12.  Does the district have on file at the district office the number or percentage of all ELL students served having at least two data points which can be used to calculate progress in the programs and activities attaining English proficiency by the end of each school year as determined by the State English language proficiency test? / Sec. 3121
13.  Does the district have on file at the district office a description of the progress made by former English language learners in meeting challenging state academic content and performance standards for each of the two years after exiting the program? / Sec. 3121


Administrative Procedures (continued)

Question /

Regulatory Reference

/ C / IP /

N/A

/ NC
14.  Does the district have evidence that appropriate interventions are made when exited students are not succeeding, such as tutorials, intensified instruction, extended day/year? / Sec. 3115
15.  Does the district have evidence that students who have exited the program are monitored at least two years after their exit notification? How many were found to be succeeding? How many were not successful? If not, was it due to English proficiency? How many returned to the ELD program? / Sec. 3121
16.  Does the district have procedures to determine the effectiveness of programs and activities in assisting English language learners in achieving state content standards and attaining English language proficiency? / Sec. 3121
17.  Does the district have procedures to determine the effectiveness of professional development activities provided to teachers of ELLs? / Sec. 3115
18.  Does the district’s educational program design include provisions for English language learners to meet state academic content and performance standards required of all students? / Sec. 3116
19.  Does the district have documentation of district wide plans for restructuring, reforming and upgrading all relevant programs, activities and operations relating to language instructional education programs and academic content instruction? / Sec. 3121
20.  Does the district have a program of service that provides coherent, sustained English language development based on research or accepted theories? / Sec. 3115
21.  Does the district have a program of services that provides meaningful access to elective classes as well as special programs such as programs for talented and gifted students? / Sec. 3115
Title VI– OCR Guidelines
22.  Does the district have a program of service that provides meaningful access to all aspects of the instructional program? / Sec. 3115
Title VI– OCR Guidelines
23.  Does the district have a program of service that provides for a plan for adding English reading, if literacy is introduced in native language? Is the plan based on scientific research? / Sec. 3115
24.  Does the district have a program of service for ELLs that includes a comprehensive high school education leading to completion with a standard high school diploma? / Sec. 3127
Title VI– OCR Guidelines
25.  Does the district have documentation of proper certification/license/endorsements for instructional staff of ELLs in district office? / Sec. 1115(c); TSPC Regulations; OAR 584-36-0015 (2)
26.  Does the district have documentation that all teachers in any language instruction educational program for limited English proficient children are fluent in English and any other language used for instruction, including having written and oral communications skills? / Sec. 3116
27.  Does the district have processes to allow timely and meaningful consultation with appropriate private school officials during the design and development of Title III programs for their participation in the Title III programs? / Sec. 1120
28.  Does the district have procedures that provide for the supervision of instructional assistants and which ensure that certified personnel are planning instructional programs? / TSPC; OAR 584-36-0011
OAR 581-037-0005
29.  Does the district have a clear process for handling complaints related to services for ELLs? / General Provision Regs., Sec. 299.11
30.  Does the district annually disseminate to parents and private school officials, free of charge, information clearly describing the district’s complaint procedures in a language that parents of ELL students can understand? / General Provision Regs., Sec. 299.11
Title VI OCR Guidelines

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FISCAL REVIEW

Question /

Regulatory Reference

/ C / IP /

N/A

/ NC
1.  Does the district maintain separate fiscal records for Title III? / Sec. 1120(a)
2.  What percentage of the weighted ADM for ELLs does the district allocate to programs for ELLs? / ORS 327.013(7)(a) (B)
OAR 581-023-0100(C)(9)
3.  What percentage of the total cost of the ELL program is supported by local or state funds? / ORS 336.079
OAR 581-023-0100 (C)(b)(4)
EVALUATION REVIEW
Question /

Regulatory Reference

/ C / IP /

N/A

/ NC
1.  Has the district established an annual review process to determine whether each school is meeting state standards in attaining English language proficiency? / Sec. 3122
2.  How is the district enabling its ELL students to meet the state content and performance standards? / Sec. 3122
3.  Does the district have a process for publicizing and disseminating the results of its AMAOs reports? / Sec. 3121
4.  Is there evidence that the district is fulfilling its program improvement responsibilities? / Sec. 3122
5.  Has the district implemented a referral process for special education illegibility that attempts to rule out the possibility of English language learners being identified for special education programs based on limited English proficiency? / Sec. 3121
Sec. 3122
I.D.E.A.
6.  Has the district implemented reasonable adaptations and accommodations for students with diverse learning needs (inclusive of English language learners who may also be special education students) necessary to measure the achievement of such students relative to state content standards? / Sec. 3121
Sec. 3122
7.  Has the district established an annual review process to determine whether each school is meeting state standards in attaining English language proficiency? / Sec. 3122
8.  How is the district enabling its ELL students to meet the state content and performance standards? / Sec. 3122
9.  Does the district have a process for publicizing and disseminating the results of its AMAOs reports? / Sec. 3121
10. Is there evidence that the district is fulfilling its program improvement responsibilities? / Sec. 3122

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