La. Admin. Code tit. 28 § CXV-351

Current through Register Vol. 50, No. 11, November 20, 2024

Section CXV-351 - English Learners

A. LEAs must establish a written policy to provide for the placement in school and for the education of any child who is English learner.

B. English Learners (EL) definition. A student identified as an English learner must:

1. be between the age of 3 through 21;

2. be enrolled in an English-speaking elementary school or secondary school;

3. not have been born in the United States or has a native language other than English; and

4. have difficulties in speaking, reading, writing, or understanding the English language such that such challenges may be sufficient to deny them:

a. the ability to meet the state's proficient level of achievement on state assessments;

b. the ability to successfully achieve in classrooms where the language of instruction is English; or

c. the opportunity to participate fully in society.

C. A student identified as an English learner may be:

1. Native American, Alaska Native, or a native resident of the outlying areas and comes from an environment where a language other than English has had significant impact on his or her level of English language proficiency; or

2. migratory, having a native language other than English, and come from an environment where a language other than English is dominant;

D. LEAs must identify within thirty (30) days of school enrollment students in need of specialized language assistance programs. The state approved standardized entrance and exit procedures must be followed, as referenced in LAC 28:CXI.

E. Each LEA must include in its policy a plan to serve English Learners (EL), regardless of whether they have students who meet this classification enrolled. In the policy, the LEA must outline how it will:

1. implement the state-approved standardized entrance and exit procedures which include the statewide approved screener;

2. design an effective program reflective of their needs;

3. staff EL specialized language programs with certified English Learner teachers, bilingual personnel, or both;

4. align instruction of ELs to state academic content standards;

5. ensure participation in the English Language Proficiency Test (ELPT); and

6. adhere to state-approved procedures to reclassify and exit from EL status once students have met the state approved exit criteria.

F. LEAs must ensure the same standards that the U.S. Department of Education Office of Civil Rights and the U.S. Department of Justice apply when evaluating whether their chosen EL program meets the civil rights requirements.

G. In addition to offering equal access to the core curriculum, LEAs must provide ELs with equal opportunities to participate meaningfully in all programs and activities, whether curricular, co-curricular, or extracurricular.

H. The Individuals with Disabilities Education Act (IDEA) and section 504 of the Rehabilitation Act of 1973 address the rights of students with disabilities in school and other educational settings. If an EL is suspected of having one or more disabilities, the LEA must evaluate the student promptly to determine if the EL has a disability or disabilities and whether the student needs special education and related services. Evaluations for special education and related services may not be delayed because of a students language proficiency or the students participation in a specialized language program. A students classification as EL cannot be the basis for determining if the student has a disability.

I. LEAs have the obligation to communicate meaningfully with parents who have limited English proficiency skills and to adequately notify them of information about any program, service, or activity called to the attention of non-EL parents. LEAs must have a process to identify parents with limited English skills and provide them with free and effective language assistance, such as translated materials or an appropriate and trained interpreter.

La. Admin. Code tit. 28, § CXV-351

Promulgated by the Board of Elementary and Secondary Education, LR 4616 (1/1/2020).

AUTHORITY NOTE: Promulgated in accordance with La. Const. Art. VIII §1 and §3; R.S. 17:6; R.S. 17:7; R.S. 17:111; R.S. 17: 151; R.S 17:172; R.S. 17:1941, et seq.