Policy Manual

South Portland School Department (SPSD) welcomes students and families from all linguistic and cultural backgrounds. We recognize the rich contributions multilingual and multicultural students and families bring to our school community and acknowledge the benefit to our broader community when the educational needs of all students are met.

Further, we acknowledge that it is the responsibility of SPSD to adhere to all federal and state guidelines in providing equal educational opportunities to all students. The Lau Plan outlines the measures SPSD will take to ensure that our multilingual learners* (MLs) are afforded high-quality, effective educational programming, and equitable access to all curricular and extracurricular programs offered by SPSD, in accordance with the following federal laws and Supreme Court decisions:

*SPSD uses the asset-based term “multilingual learner” to refer to students with a primary/home language other than (or in addition to) English who are not yet proficient in English. The Maine Department of Education also uses this term, whereas the US Department of Education uses “English learner” to refer to such students.

Federal Laws

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of national origin in programs or activities which receive federal financial assistance.
Equal Education Opportunities Act of 1974 prohibits states from denying equal educational opportunity to an individual on account of his or her race, color, sex or national origin. The statute specifically prohibits states from denying equal educational opportunity by the failure of an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs.
Elementary and Secondary Education Act (ESEA), reauthorized in 2015 as the Every Student Succeeds Act (ESSA), holds state educational agencies, local educational agencies, and schools accountable for increases in English language proficiency and core academic content knowledge of MLs. It requires states to implement yearly student academic assessments that include, at minimum, academic assessments in mathematics and reading or language arts. Title I of the ESEA also requires that states provide for an annual assessment of English language proficiency (listening, speaking, reading, writing, and comprehension in English) of all students identified as MLs in schools served by the state.

Supreme Court Decisions

Lau vs. Nichols (1974) ruled that providing the same access to curriculum, instruction and materials for MLs as is provided to English dominant students is not, in effect, equitable.
Plyler vs. Doe (1981) ruled that all students in public schools must be appropriately served, including any students who may not be documented as legal immigrants.
Castañeda vs. Pickard (1981) ruled that schools must take “appropriate action” to address the needs of MLs as required by the EEOA. The Castañeda standard mandates that programs for MLs must be (1) based on sound educational theory, (2) implemented effectively with sufficient resources and personnel, and (3) evaluated to determine whether they are effective in helping students overcome language barriers.

Section 2. Multilingual Learner Identification

Legal Basis: Section 3111, Elementary and Secondary Education Act of 1965

In accordance with ESEA requirements, all MLs must be identified within 30 days of enrolling in school. For students enrolling at the start of the school year, parents/guardians must be notified of ML identification within that 30-day period. For students enrolling after the start of the school year, parents/guardians must be notified within two weeks of ML identification.

SPSD follows the monitoring and reidentification guidelines as stated in Maine DOE Administrative Letter 20 and Guidance on Determining English Learner Status. At any time after exiting, students may be rescreened and reentered into ML status if no longer proficient in English.

Policies and Procedures

Action Required by Federal Law and/or State Policy

Specific Procedure and Responsible Position

Administration of the Maine DOE Language Use Survey

As outlined within Administrative Letter #27, the Language Use Survey is administered to the parent/guardian of every student (pre-kindergarten through twelfth grade) enrolling in a South Portland school for the first time. The Language Use Survey is included within the SPSD online registration system. If any question is answered with a language other than English, the student is administered an English language proficiency screener.

Translation/interpretation provided to parents/guardians

When a family requires interpretation/translation for completing the online registration, either an on-staff multilingual specialist or a phone/in-person interpreter is contacted. School staff are trained annually on the process for securing translation/interpretation.

Referral of all potential MLs for screening

When a potential ML enrolls, school staff notify multilingual office and/or ESOL teachers to initiate screening and intake.

Administration of English language proficiency (ELP) screener

Multilingual staff and/or ESOL staff administer the appropriate ELP screener within the required time frame. See chart below for details.

Development of individualized program of services

Upon first enrollment in a US school, a thorough intake interview is administered to the student and family to inform the student’s placement and services. A Language Acquisition Committee reviews the student’s Individual Language Acquisition Plan (ILAP) at least annually.

English Language Proficiency (ELP) Screeners

SPSD follows the Maine Multilingual Learner Identification and Placement Guidance, which requires* the following screeners and thresholds:

Grade

ELP Screener

Identification Threshold

pre-K

preLAS*

(Maine DOE policy permits school administrative units to select their own pre-K ELP screener and threshold.)

75 (oral domains only)

1st semester K

WIDA Screener for Kindergarten

Oral language level 4.5

2nd semester K/

1st semester 1st grade

WIDA Screener for Kindergarten

Overall composite proficiency level 4.5

2nd semester 1st grade through 12th grade

WIDA Screener Online

Overall composite proficiency level 4.5

Parent/Guardian Notification and Rights

If a student is identified as in need of ESOL services, the parents/guardians should be notified no later than 30 days after the beginning of the school year or within 30 days of the child’s placement in the program, in accordance with the requirements of ESEA. Parents/guardians should be invited to attend and participate in all meetings pertaining to their child and should be notified of all school activities called to the attention of other families.

Parents/guardians have the right to refuse ESOL services for their child. A parent who does not want their child to have ESOL services is required to sign a Notice for Parent/Guardian Wishing to Decline ESOL Services, which is then placed in the student’s permanent record. However, if a parent/guardian refuses ESOL services, meaningful education must still be provided. When a parent/guardian refuses ESOL services, the refusal of ESOL services must be documented, but it does not release the school from its responsibility for providing meaningful education to the ML. If refusal of ESOL services denies an ML access to a meaningful education, this violates the student’s rights. A parent/guardian cannot refuse “education” and if a student cannot access education without ESOL services, then the school must support the academic learning of the student. If an ESOL program is necessary in order to ensure academic progress, then ESOL services must be provided.

Further, even if parents refuse services, all identified MLs must still participate in the annual ACCESS for ELLs assessment. Students and families who refuse services or assessment must have a conversation with a building administrator and ESOL teacher or coordinator to review the student’s rights and the responsibilities of the school to educate and assess the student.

Section 3. Development of Individualized Language Acquisition Programs

General Service Provision Guidelines

Proficiency

Program Type

Amount/Frequency

Level 1 - Beginning

Intensive English Language Development (IELD)

2 class periods/day

Level 2 - Entering

IELD

2 class periods/day

Level 3 - Developing

Cognitive Academic Language Support (CALS)

1 class period/day

Level 4-4.5 - Expanding

CALS

1 class period/day

Overview of Programming

Programming is designed by ESOL staff, in collaboration with other staff, to meet the needs of each individual student, taking into consideration all aspects of their learner profile. The general service provision amount/frequency above are used as a guideline, but amount/frequency of service varies to meet individual student needs. The ESOL staff will collaborate with grade-level content teachers and other service providers to determine the instructional combination of services deemed most appropriate for each learner. All MLs must be provided with ESOL services that enable them to meaningfully access the curriculum in order to meet grade-level standards. English language development and content area knowledge are to be acquired simultaneously rather than consecutively. MLs are entitled to ELD services until exiting by demonstrating English language proficiency on ACCESS for ELLs/Alternate ACCESS for ELLs.

ESOL services are to be provided in a way that minimizes the isolation of MLs from the general student population and encourages MLs to participate in all aspects of the school program, including advanced coursework, career and technical education, gifted and talented programs, and extracurricular activities.

Within the two general program types (IELD and CALS), MLs may receive services in one or a combination of the following models:

Small group ELD instruction: an approach that focuses on explicit English language teaching, using the four domains of reading, writing, listening and speaking. The curriculum teaches the academic language needed to access grade-level content.
Sheltered content-based instruction: an approach that integrates English language instruction with content learning, using English as a medium to learn mathematics, science, social studies, and other academic subjects. Some courses are offered in a co-taught model, drawing on the strengths of content teachers and ESOL specialists. Key concepts and vocabulary are aligned with English language proficiency levels.
Co-teaching and in-classroom support: an inclusionary delivery model that allows MLs to remain in a mainstream instructional setting, with language and content instructed explicitly and simultaneously. Through this model, students have two teachers, a grade-level content expert as well as an ESOL expert, who strategically plan content and language goals to ensure students have equitable access to both content and language development. Accommodations to the regular curriculum are supported by appropriate instructional materials and the teaching team may use scaffolds and gradual release to build towards grade level content understanding as well as the assurance that students demonstrate progress within the Language Development Standards of each content area.
Collaborative Cycle: To ensure students have continued access to grade level content and language development standards, ML Case Managers will use the collaboration cycle to develop curriculum and instruction to ensure that multilingual learners have “meaningful learning experiences and equitable high quality education”. South Portland Schools are committed to using the Collaborative Cycle, as outlined in the May 25th, 2021 Priority Notice. MLs are instructed in English at all times and are expected to meet grade appropriate academic achievement standards with minimal ESOL supports.

Individual Language Acquisition Plan (ILAP)

Each student’s ILAP will outline a personalized action plan for language development. The ILAP is created by the student’s team of educators and is updated annually. Each year, the ILAP is shared with individual students, parents/guardians and staff directly working with the student. The ILAP is a useful resource which assists all teachers with understanding and effectively meeting the individual student’s needs in terms of: English proficiency levels, Can Do Descriptors, language goals, modifications, and accommodations.

Multilingual Learners and Special Education

SPSD is committed to providing equity for all students, from early intervention, response to intervention, referral and identification of services. Through a robust Multi-Tiered System of Support (MTSS), we strive to provide linguistically and culturally responsive core instruction, monitor academic progress, and respond to students’ linguistic, academic, and behavioral needs through consistent and continuous support.

When a referral to special education is appropriate, we ensure that cultural, linguistic, and experiential factors are taken into account through a collaborative process involving special education, ESOL, and general educators, as well as families.

Students may qualify for and have legal entitlement to both ESOL and special education services. Appropriate screening is required to determine students’ eligibility for each type of service. Depending on a student’s learning disability and Individual Education Plan (IEP), universal testing tools or accommodations may be needed in order to measure English language proficiency. When evaluating an ML for learning disabilities, screening must be linguistically and culturally appropriate.

For MLs with IEP teams, the United States Department of Education has provided the following guidance:

“It is important that IEP Teams for ELs with disabilities include persons with expertise in second language acquisition and other professionals, such as speech-language pathologists, who understand how to differentiate between limited English proficiency and a disability. The participation of these individuals on the IEP Team is essential in order to develop appropriate academic and functional goals for the child and provide specially designed instruction and the necessary related services to meet these goals.”

SPSD will continue to follow state and national guidelines as they are developed.

Immigrants and International Students

Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin, among other factors, by public schools. SAUs are required under federal law to enroll children regardless of citizenship or immigration status (Plyler v. Doe). This applies equally to immigrant students and international students attending a Maine public school as an exchange student or tuition-paying student. All students, including immigrant and international students, must be screened for ML status. Any student who is identified as an ML, regardless of citizenship or immigration status, is entitled to ELD services and must be administered ACCESS for ELLs® annually. International students are not exempt from Title I required state academic assessments. In Maine, recently arrived MLs who have been enrolled in a U.S. school for less than 12 months are exempt from one administration of the state’s English language arts assessment only.

SAUs are not permitted to discourage the enrollment of undocumented immigrant children by asking about their immigration status, denying enrollment to those with foreign birth certificates, or denying enrollment to children whose parents decline to provide their social security numbers or race and ethnicity information. Federal regulations allow schools to ask for children’s social security numbers to be used as student identifiers. However, they should inform parents of the purpose and that disclosure of such numbers is voluntary. Schools may not deny enrollment if parents refuse to provide a child’s social security number. SAUs may require proof that a child lives within SAU boundaries, which may include lease agreements, utility bills, or other documents. However, schools may not ask parents about a child’s immigration status to establish residency. SAUs may require proof of a child’s age, but they may not bar enrollment because a child has a foreign birth certificate or no birth certificate. This fact sheet from the Departments of Justice and Education outlines acceptable documentation requests.

Section 4. Meaningful and Equitable Access to Academic and Extracurricular Programs

Legal Basis: 34 C.F.R. § 100.1-.2; 20 U.S.C. § 1703(f)

MLs are entitled to equitable access to all academic and extracurricular programs that their schools offer, such as college preparatory classes, Advanced Placement, dual enrollment, gifted and talented, career and technical education, athletics, academic/career counseling, performing and visual arts, clubs, honor societies, and others.

Students have equal access to academic and extracurricular activities, including summer programming. Language proficiency levels will not determine a student’s eligibility for such programming and activities. Information about these programs is provided through individual school communication from teachers, district leadership, and other staff and community members. All communications will be provided in a language that is understandable to each family, in written and/or oral formats.

Section 5. Equitable Personnel, Facilities, and Materials

Legal Basis: Title VI of the Civil Rights Act of 1964; 20 U.S.C. § 6826(c); Castañeda, 648 F.2d at 1013

MLs must be provided with sufficient, qualified teaching staff to meet their language learning and academic content acquisition needs, as well as facilities and materials of comparable quality to those of their non-ML peers.

ESOL services are provided through qualified ESOL teachers, who are certified through the State of Maine 660 ESOL endorsement. Staffing is adjusted according to need and number of students on teacher caseloads. ESOL teachers are available to consult with mainstream teachers and may also provide professional development to staff when possible.

ESOL services may be provided by an educational technician who is supervised by an ESOL teacher as long as those services do not supplant the standard curriculum or replace direct services from an ESOL teacher. Educational technicians may provide core ESOL support services only as an emergency, interim measure while the district seeks to secure qualified staffing. If necessary, teachers with conditional certification may be hired if they are actively engaged in obtaining appropriate credentials.

ESOL teachers maintain a classroom/office space in each building where students who are MLs attend. An ESOL program budget line is used to provide MLs with equitable educational materials, comparable to those of their non-ML peers. Students who are MLs have full access to all educational opportunities and materials provided by SPSD.

Section 6. Administration of Annual English Language Proficiency Assessment

Legal Basis: 20 U.S.C. §§ 6311(b)(7) (Title I), 6823(b)(3)(C), (D) (Title III)

Federal and state laws require that the English language proficiency of all MLs be measured annually as a component of accountability under the Elementary and Secondary Education Act (ESEA). If a student is identified as an ML, that student must be administered ACCESS for ELLs/Alternate ACCESS for ELLs annually until the student demonstrates English language proficiency. The Maine Department of Education defines English language proficiency as an overall composite proficiency level of 4.5 on ACCESS for ELLs or level P2 on Alternate ACCESS for ELLs, as applicable.

State law requires that ACCESS for ELLs/Alternate ACCESS for ELLs be administered only by an individual trained in its administration. It is not required that the individual be an ESOL endorsed teacher.

For dually-identified students that qualify for alternate state academic assessments, WIDA Alternate ACCESS can be considered. SPSD uses the Maine DOE Participation Flow Chart, as well as LAC Team and IEP team input to determine whether or not students would benefit from and be eligible for the WIDA Alternate ACCESS for ELLs. Only those students who qualify for alternative state academic assessments may be administered Alternate ACCESS.

Section 7. Exit and Monitoring

Legal Basis: 20 U.S.C. §§ 6311(b)(7) (Title I), 6823(b)(3)(C), (D) (Title III)

In order to exit from ESOL services, a student must demonstrate English language proficiency. The Maine Department of Education defines English language proficiency as an overall composite proficiency level of 4.5 on ACCESS for ELLs or level P2 on Alternate ACCESS for ELLs, as applicable. No other measure qualifies an ML for exit. While the district may choose to continue to provide language support services to students who have demonstrated English language proficiency, such students are no longer classified as MLs and are no longer administered ACCESS for ELLs/Alternate ACCESS for ELLs.

As mentioned previously, SPSD follows the monitoring and reidentification guidelines as stated in the Maine DOE Administrative Letter 20 and Guidance On Determining English Learner Status. “After an EL demonstrates English language proficiency by attaining a CPL of 4.5 or higher on ACCESS for ELLs, federal and state regulations require that schools monitor the student’s academic progress for four years. If during or after that four-year period a continued need for English language acquisition services becomes apparent, the student must be provided services. Students who have previously exited English learner status may experience a change in English proficiency level at any time. It is essential to monitor the performance of such students in order to ensure that any student who needs English language acquisition support services receives them.”

Section 8. Ongoing Program Evaluation

Legal Basis: Castañeda, 648 F.2d at 1014-15

SPSD strives to provide an equitable and high-quality educational program for all MLs. The effectiveness of ESOL teachers is assessed annually through the district-wide process of teacher evaluation. Longitudinal data collection and analysis methods are provided as needed via the Comprehensive Needs Assessment to ensure that long-term outcomes are comparable to those of students who were never MLs. The following ML data will be reviewed annually, and program modifications will be made as necessary:

• State and local academic assessment scores

• Graduation rate

• ML status exit rate

• Participation in advanced coursework (college prep, AP)

Section 9. Meaningful Communication with Parents/Guardians

Legal Basis: Title VI of the Civil Rights Act of 1964; Titles I and III of the Elementary and Secondary Education Act of 1965

Families not only have a right to meaningful communication, but also SPSD recognizes families as an essential partner in the education of their children. Communication must be two-way, asset-based, and culturally responsive in order to fully engage families. Engaged families are a key to success for individual students and the community as a whole.

Therefore, SPSD ensures meaningful communication with families in a language they can understand through a variety of means, including on-staff multilingual specialists, on-demand video and phone interpretation, contracted interpretation and translation services, and automated translation of school communications through an online platform.

Parents/guardians of students who are MLs are notified about any program, service, or activity of the school district or individual schools. Per the Dear Colleague Letter, under civil rights law schools must identify the interpretation/translation needs of all parents/guardians.

SPSD does this through the multilingual intake process as part of the student and family intake interview.

The essential communication provided to parents/guardians includes but is not limited to information regarding:

federal programs
ESOL programs
special education and related services
IEP meetings
grievance procedures
notices of nondiscrimination
student discipline policies and procedures
registration and enrollment
report cards
permission slips
parent/guardian-teacher conferences
parent/guardian handbook
gifted and talented programs
magnet and charter schools
health and wellness information provided by the district
any other school and program choice options

Section 10. Lau Plan Review

SPSD conducts annual review of the Lau Plan to ensure alignment with updated federal and state policies, as well as to ensure that it reflects current practices and procedures within the district. The review process will be led by the Director of Multilingual Programs, in collaboration with other staff and community stakeholders as needed. The Lau Plan will be shared annually with the School Board for its awareness near the beginning of each academic year.

*Please excuse any formatting errors.

Policy Manual

A: FOUNDATIONS AND BASIC COMMITMENTS

B: BOARD GOVERNANCE AND OPERATIONS

C: GENERAL SCHOOL ADMINISTRATION

D: FISCAL MANAGEMENT

E: SUPPORT SERVICES

F: FACILITIES DEVELOPMENT

G: PERSONNEL

I: INSTRUCTION

J: STUDENTS

K: SCHOOL-COMMUNITY RELATIONS

L: EDUCATION AGENCY RELATIONS

Lau Plan

Updated February 2023