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Tuolumne COE |  BP  6174  Instruction

Education For English Language Learners   

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The Tuolumne County Board of Education intends to provide English learners with challenging curriculum and instruction that develop proficiency in English as rapidly and effectively as possible while facilitating student achievement in the Tuolumne County Office of Education's regular course of study.

English learners shall be provided English language development instruction targeted to their English proficiency level and aligned with state content standards. The County Office's program shall be based on sound instructional theory and adequately supported in order to assist students in accessing the full educational program.

(cf. 6011 - Academic Standards)

(cf. 6141 - Curriculum Development and Evaluation)

(cf. 6161.1 - Selection and Evaluation of Instructional Materials)

(cf. 6161.11 - Supplementary Instructional Materials)

(cf. 6171 - Title I Programs)

The Tuolumne County Superintendent of Schools or designee shall ensure that all staff employed to teach English learners possess the appropriate authorization from the Commission on Teacher Credentialing.

(cf. 4112.22 - Staff Teaching English Language Learners)

The County Superintendent or designee shall encourage parent and community involvement in the development, implementation, and evaluation of English language development programs. In addition, to support students' English language development, the County Superintendent or designee may provide an adult literacy training program for parents/guardians and community members that leads to English fluency.

(cf. 0420 - School Plans/Site Councils)

(cf. 1220 - Citizen Advisory Committees)

(cf. 6020 - Parent Involvement)

Identification and Assessment

The County Superintendent or designee shall maintain procedures which provide for the accurate identification of English learners and an assessment of their proficiency and needs in the areas of listening, speaking, reading, and writing in English.

Once identified as an English learner, a student shall be annually assessed for language proficiency until he/she is reclassified based on criteria specified in administrative regulation.

Placement of English Learners

Students who are English learners shall be educated through "sheltered English immersion" or "structured English immersion," as defined in law and administrative regulation, during a

temporary transition period not normally intended to exceed one year. Nearly all of the classroom instruction in the County Office's structured English immersion program shall be in English, but with the curriculum and presentation designed for students who are learning the language. (Education Code 305-306)

For purposes of determining the amount of instruction conducted in English in the structured English immersion classroom, "nearly all" shall be defined as 100 %

When an English learner has acquired a reasonable level of English proficiency as measured by any of the state-designated assessments approved by the California Department of Education, any County Office assessments, and/or other criteria adopted by the County Board, he/she shall be transferred from a structured English immersion classroom to an English language mainstream classroom in which the instruction is overwhelmingly in English. (Education Code 305-306; 5 CCR 11301)

(cf. 6162.5 - Student Assessment)

An English learner has acquired a "reasonable level of English proficiency" when he/she has achieved the score of Proficient or Advanced for three consecutive years on the CELDT Test.

At any time during the school year, the parent/guardian of an English learner may have his/her child moved into an English language mainstream program. (5 CCR 11301)

Parental Exception Waivers

When allowed by law, the parent/guardian of an English learner may submit a request that his/her child be exempted from placement in a structured English immersion program and instead be placed in a class where he/she is taught English and other subjects through bilingual education techniques or other generally recognized educational methodologies permitted by law. (Education Code 310-311)

Each waiver request shall be considered on its individual merits with deference given to parental preference for student placement.

A waiver request shall be granted in accordance with law unless the County Superintendent and educational staff have determined that an alternative program would not be better suited to the student's overall educational development. (5 CCR 11309)

If the County Superintendent or designee denies the waiver request, he/she shall provide a written justification to the parent/guardian describing the reasons for the denial. A parent/guardian may appeal the decision in writing to the County Board. The County Board may consider the matter at its next regular County Board meeting. The County Board may decide not to hear the appeal, in which case the County Superintendent's decision shall be final. If the County Board hears the appeal, the Superintendent/Principal shall send the County Board's decision to the parent/guardian within seven working days.

Program Evaluation

To evaluate the effectiveness of the County Office's educational program for English learners, the County Superintendent or designee shall report to the County Board, at least annually, regarding the progress of English learners towards proficiency in English, the number and percentage of English learners reclassified as fluent English proficient, the number and percentage of English learners who are or are at risk of being classified as long-term English learners, the achievement of English learners on standards-based tests in core curricular areas, and a comparison of current data with data from at least the previous year. The County Superintendent or designee also shall provide the County Board with regular reports from any County Office or schoolwide English learner advisory committees.

Legal Reference:


300-340 English language education

430-446 English Learner and Immigrant Pupil Federal Conformity Act

33050 State Board of Education waiver authority

44253.1-44253.11 Qualifications for teaching English learners

48985 Notices to parents in language other than English

51101-51101.1 Rights of parents

52130-52135 Impacted Languages Act of 1984

52160-52178 Bilingual Bicultural Act

52180-52186 Bilingual teacher training assistance program

54000-54028 Programs for disadvantaged children

60200.7 Suspension of state instructional materials adoptions

60605.87 Supplemental instructional materials, English language development

60810-60812 Assessment of language development

62005.5 Continuation of advisory committee after program sunsets


11300-11316 English learner education

11510-11517 California English Language Development Test


1701-1705 Equal Educational Opportunities Act

6312 Local education agency plans

6801-6871 Title III, Language instruction for limited English proficient and immigrant students

7012 Parental notification


Valeria G. v. Wilson, (2002) 307 F.3d 1036

California Teachers Association v. State Board of Education et al., (9th Circuit, 2001) 271 F.3d 1141

McLaughlin v. State Board of Education, (1999) 75 Cal.App.4th 196

Teresa P. et al v. Berkeley Unified School District et al, (1989) 724 F.Supp. 698


83 Ops.Cal.Atty.Gen. 40 (2000)

Management Resources:


California English Language Development Test (CELDT): 2012-13 CELDT Information Guide, 2012

English Language Development Standards for California Public Schools: Kindergarten Through Grade Twelve, 2012

Matrix of Test Variations, Accommodations, and Modifications for Administration of California Statewide Assessments


Assessment and Accountability for Recently Arrived and Former Limited English Proficient (LEP) Students, May 2007


California Department of Education:

U.S. Department of Education:


adopted: March 11, 2013 Sonora, California