200 R.I. Code R. 200-RICR-20-30-3.2

Current through December 3, 2024

Section 200-RICR-20-30-3.2 - Definitions

A. For the purposes of these regulations, the following terms have the following meanings:

1. Parents and Students

a. "English language learner" means a student:

(1) whose first language is not English or who speaks a variety of English, as used in a foreign country or U.S. possession, that is so distinct that ELL instruction is necessary,

(2) who is now learning English, but

(3) who has not yet attained enough proficiency in English to allow him or her to fully profit from content area instruction conducted only in English.

b. "Parent", for the purposes of this Part, means the guardian of a child, anyone acting as a parent of a child, and anyone having control over a child, as defined in the compulsory-attendance laws of this state.

2. Administrative Terms

a. "High-incidence LEA" means an LEA with a total of one hundred fifty (150) or more English Language Learners.

b. "Low-incidence LEA" means an LEA with fewer than one hundred fifty (150) English Language Learners.

c. "Rhode Island Department of Elementary and Secondary Education" or "RIDE" means the executive agent of the Rhode Island Council on Elementary and Secondary Education. RIDE is charged with the implementation of Council policies and regulations.

d. "World Class Instructional Design and Assessment Consortium" or "WIDA consortium" means a consortium of states, including Rhode Island, that has developed English language proficiency standards and English language proficiency tests.

3. "Local educational agency" or "LEA" means:

a. a public board of education or other public authority legally constituted within the State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, LEA, or other political subdivision of the State, or for a combination of LEAs or counties as are recognized in the State as an administrative agency for its public elementary or secondary schools; and/or

b. an educational service agency or other public institution or agency that is authorized by State law to develop, manage, and provide services or programs to any of the entities in § 3.2(A)(3)(a) of this Part, above, that is recognized as an administrative agency for purposes of providing special education and related services within public elementary and secondary schools of the State; and/or

c. educational collaboratives, educational service agencies and/or non-profit public charter schools that are not otherwise included and are not a school of an LEA or educational service agency; and/or

d. any other public institution or agency having administrative control and direction of a public elementary or secondary school, including:

(1) The Rhode Island Training School for Youth;

(2) any public non-profit charter school established under State law; and/or

(3) any entity that meets the definition of intermediate educational unit in §602(23) of the federal Individuals with Disabilities Education Act as in effect prior to June 4, 1997.

4. Personnel

a. "Administrator of programs for English language learners" means an individual certified as a principal or LEA-level administrator who is responsible for the District's English Language Learner program. In a high-incidence LEA, the ELL Administrator must have experience in teaching English Language Learners and an English as a Second Language teaching ("ESL") certificate or a bilingual endorsement on another teaching certificate. In low-incidence LEAs, an ELL program administrator who does not have English Language Learner teaching experience, or an ESL certificate or endorsement, must have demonstrated professional development in the education of English Language Learners.

b. "Assessor" means a person who has been WIDA certified to administer prescribed ELL assessment tools and who is qualified to evaluate the results of these assessments. This person must have knowledge concerning the ways English Language Learners acquire English as a second language.

c. "ELL coordinator" means an administrator or a teacher designated by an LEA to coordinate the day-to-day operations of the LEA's English Language Learner program. The ELL Coordinator must have English Language Learner teaching experience and an ESL or bilingual endorsement. The workday of a teacher or administrator who also serves as an ELL Coordinator must include enough time dedicated to coordinator duties to ensure that these duties are adequately carried out.

d. "ELL teacher" means an elementary or secondary teacher who holds:

(1) a Rhode Island certificate for the level and subject in which he or she teaches, and a Rhode Island endorsement as an ESL teacher or Bilingual teacher or Content Area teacher of ELLs; or

(2) the Rhode Island ESL certificate.

e. "ELL teacher assistant" means a teaching assistant who works under the supervision of an ELL teacher and an ELL Coordinator or Administrator. ELL teacher assistants must demonstrate proficiency in English on the state paraprofessional test as well as proficiency in at least one of the predominant languages of the LEA's ELL student population. Demonstrated training in culturally responsive education practices may be substituted for proficiency in at least one of the predominant languages of the ELL student population.

f. "Guidance counselor for English language learners" means a person who has a Rhode Island guidance counselor certificate who, in addition, is:

(1) proficient in at least one of the predominant language(s) of the School LEA's ELL student population; or

(2) who has received training in second-language acquisition and cultural competency.

g. "School and community liaison" means a person who

(1) facilitates communication with, and provides information to, the parents or families of an LEA's ELL student population and who

(2) encourages involvement between the school and parents and among agencies, churches, and community groups. This liaison must have knowledge of the culture(s) of the LEA's ELL student population or have received cultural-competency training to enable him or her to carry out the duties of a school & community liaison.

h. "Cultural competence" means the ability of individuals and organizations to understand, communicate, operate, and provide effective services to people who differ from them culturally and linguistically.

i. "English language instructional program" means any program for English Language Learners employing one of the methods of instruction listed in § 3.2(A)(5) of this Part.

5. Methods of Instruction and Assessment

a. "Bilingual education" means a method of instruction that provides literacy and content-area instruction in a student's native language and English as a Second Language instruction at all proficiency levels. Bilingual-education teachers must meet state certification requirements, be highly qualified in their content area, and demonstrate proficiency in both English and the other language used in instruction.

b. "Collaborative ESL instruction" means a method of instruction that provides English Language Learners with ESL instruction taught by a certified and/or endorsed ESL teacher and content instruction provided through the school's general-education program. The certified and/or endorsed ESL teacher works in close collaboration with the general-education teachers in delivering content instruction for ELLs.

c. "English as a second language" means a method of instruction that develops an English Language Learner's social, instructional, and academic proficiency in English in order to prepare the English Language Learner to succeed in a school's general education program. ELL program objectives and curriculum for English Language Learners in grades K-12 must be aligned with WIDA standards, language domains, proficiency levels, and performance indicators. The core curriculum is to include English-language instruction in listening, speaking, reading, and writing that incorporates content knowledge and concepts aligned to Common Core State Standards (July, 2010) . Teachers must meet Rhode Island certification and/or endorsement requirements for ESL instruction.

d. "Newcomer instruction" means a program of instruction designed to educate students who have recently immigrated to the United States who have had little or no formal schooling. Newcomer Instruction provides a special academic environment that addresses gaps in the newcomer's schooling through intensive instruction in English literacy, numeracy, and participation in sheltered content instruction. Teachers must meet state certification requirements in ESL and/or content-area instruction for English Language Learners and be highly qualified, as defined by RIDE.

e. "Sheltered content instruction" means a method of instruction that provides a comprehensive set of grade-level core academic courses aligned with the WIDA ELP standards and Rhode Island's Common Core State Standards (July, 2010) . These classes make their content comprehensible to English Language Learners through scaffolded and differentiated instruction in English and they help English Language Learners to become competent in the use of academic English in all language domains. Teachers must:

(1) meet appropriate state-certification requirements,

(2) be highly qualified in their content area as defined by RIDE, and

(3) participate in specialized training in ESL methods and techniques.

f. "Two-way/dual language" means a method of instruction that promotes a student's full proficiency in all aspects of English and another language. These programs educate English Language Learners using both English and a target language for academic instruction, usually dividing the day or week by language of instruction. Two-way bilingual programs teach students who are learning English alongside students who are native English-speakers who are learning the target language. Teachers must meet appropriate state certification requirements and be highly qualified as defined by RIDE in their content area.

g. "WIDA access placement test" or "W-APT" means an initial screening instrument developed by the WIDA Consortium to measure a student's ability to understand, speak, and read English at a level appropriate to the student's age and grade placement.

h. "ACCESS (ELP Assessment) ELLs" stands for Assessing Comprehension and Communications in English State-to-State for English Language Learners. This WIDA-developed assessment instrument is administered annually and measures the social and academic English language proficiency of English Language Learners in four domains: speaking, listening, reading, and writing.

i. "Home or native language" means the language or languages that a child first learns or uses in the home and/or for daily communication, as recorded on file in the student's permanent-record file.

j. "Home language survey" means a survey instrument created by RIDE used to identify English Language Learners.

200 R.I. Code R. 200-RICR-20-30-3.2