ADMINISTRATIVE REGULATION - 6174

The Irvine Unified School District (IUSD) is committed to ensuring that English learners have full and meaningful access to educational programs that result in the attainment of high levels of English proficiency, mastery of grade level standards, and opportunities to participate in all academic and extracurricular activities. Students learning English as an additional language are provided with appropriate English language development instruction and differentiated levels of support in all content areas.

Identification and Assessment

Upon enrollment in IUSD, each student’s primary language is determined through the use of the Home Language Survey. (20 U.S.C. 6823[b][2]; 5 CCR Section 11518.5[a]) Any student identified as having a primary language other than English and who has not previously been identified as an English learner (EL) by a California public school is  assessed for English proficiency using the state's designated initial English Language Proficiency (ELP) assessment. The initial ELP assessment is administered and parents are notified of results within 30 calendar days of enrollment. (20 U.S.C. 6823[b][2]; EC Section 313; 5 CCR Section 11518.5[d]) 

IUSD annually assesses the English language proficiency and academic progress of all ELs until they are reclassified Fluent English Proficient (RFEP). Students may not opt out of the assessment. The summative ELP assessment is administered during the annual assessment window determined by the California Department of Education (CDE). (20 U.S.C. sections 6311[b][2][G], 6823[b][3][B]; EC sections 313, 60810; 5 CCR sections 11306, 11518.15[a])  

Students with disabilities are provided designated supports or accommodations in accordance with each student’s individualized education program (IEP) or Section 504 plan. Students with the most significant cognitive disabilities are assessed with the state’s alternate ELP assessment. (5 CCR Sections 11518.25, 11518.30)

For English learners in grades three through eight and grade eleven, academic achievement in English Language Arts and Mathematics is assessed through the California Assessment of Student Performance and Progress (CAASPP) system. English learners who are within their first 12 months of enrollment in a U.S. school as of April 15 of the previous year may be exempted from participating in the English Language Arts portion of the assessment

Parent Notification

Within 30 days after the beginning of each school year, IUSD is required to notify parents of their child’s status as an English learner and the language instruction program in which they are enrolled. (20 U.S.C. Section 6312)

The annual notification includes the following information about the student: 

1. Classification as an English learner;
2. English proficiency level based on most recent English language proficiency assessment;
3. Program placement with a description of instructional design; and
4. Reclassification criteria (EC 313.2)

When 15 percent or more of students enrolled in a school speak a single primary language other than English, the school is required to send home parental notifications in both English and the non-English language. (EC Section 48985)

Language Acquisition Programs

Language acquisition programs are educational programs designed to ensure English acquisition develops rapidly and thoroughly. They provide instruction to English learners based on the state-adopted academic content standards, including English language development (ELD) standards. (20 U.S.C. Section 6312[e][3][A][iii],[v]; EC Section 306[c])

IUSD is required to offer, at a minimum, a Structured English Immersion program option (EC Section 305[a][2]). IUSD also offers a newcomer program at the elementary and middle school levels.

Structured English Immersion Program: A language acquisition program for English learners in which nearly all classroom instruction is provided in English, but with curriculum and a presentation designed for students who are learning English. At minimum, students are offered Designated ELD and provided access to grade level academic subject matter content with Integrated ELD. (EC sections 305[a][2], 306[c][3])

Newcomer Program: A language acquisition program for novice English learners in which nearly all classroom instruction is provided in English, but with substantial support in all curriculum and presentations. Students are provided with Designated ELD and access to grade level academic subject matter content with Integrated ELD.

Although schools have an obligation to serve all EL students, parents or guardians of EL students have a right to decline or opt their children out of a school’s EL program or out of particular EL services within an EL program. If parents or guardians opt their children out of a school’s EL program or specific EL services, the children retain their status as EL students and will be assessed annually with the summative ELP assessment. The school remains obligated to take the affirmative steps required by Title VI of the Civil Rights Act of 1964 and the appropriate actions required by the Equal Education Opportunity Act of 1974 to provide EL students access to its educational programs. (20 U.S.C. sections 1703[f], 6312[e][3][A][viii])

Parent Choice – Alternate Programs

Parents or guardians may choose a language acquisition program that best suits their child. Schools in which the parents or guardians of 30 students or more per school or the parents or guardians of 20 students or more in any grade request a language acquisition program that is designed to provide language instruction shall be required to offer such a program to the extent possible. (20 U.S.C. Section 6312[e][3][A][viii][III]; EC Section 310[a])

Parents or guardians may provide input regarding language acquisition programs during the development of the Local Control and Accountability Plan. (EC Section 52062)

English Language Development (ELD) Instruction

IUSD takes appropriate action to remove language barriers that impede equal access to and participation in instructional programs. As part of the standard instructional program provided through general funds, all ELs receive ELD instruction which includes Designated and Integrated ELD. Title III funds are used to supplement the standard instructional ELD program. 20 U.S.C. sections 1703 [f], 6825 [c][1][A]; EC sections 300, 305, 306, 310; 5 CCR sections 11302[a], 11309

Designated ELD is instruction provided during a time set aside during the regular school day for instruction focused on the state-adopted ELD standards to assist ELs in developing critical English language skills necessary to learning academic content in English. (5 CCR Section 11300 [a])

Integrated ELD is instruction in which the state-adopted ELD standards are used in tandem with the state-adopted academic content standards. Integrated ELD includes specially designed academic instruction in English (SDAIE) and the appropriate use of scaffolds and differentiation strategies to support access to grade level content. (5 CCR Section 11300 [c])

ELD instruction is designed to support ELs in developing proficiency in English as rapidly and effectively as possible to meet state academic standards. ELD is based on sound educational theory, implemented effectively using board adopted curriculum, provided by teachers with the required qualifications, and evaluated for its effectiveness. (20 U.S.C. Section 1703 [f]; EC sections 305, 306, 310; 5 CCR sections 11300 [a] and [c], 11309)

Reclassification

Reclassification is the process by which a student is reclassified from English learner (EL) to Fluent English Proficient (RFEP). Reclassification can take place at any time during the academic year, immediately upon the student meeting all criteria. 

In accordance with CDE guidelines, IUSD has established reclassification criteria to be met by students eligible for RFEP status. These criteria include:

1. Proficiency on the state’s English language proficiency assessment;
2. Teacher evaluation;
3. Parent consultation; and
4. Proficiency on an assessment of basic skills

(EC Section 313[f][1,2,3,4]; 5 CCR Section 11303[a,b,c,d])

Deficits in academic success unrelated to English language proficiency do not preclude a student from reclassification. Once the student has been reclassified, IUSD is obligated to ensure that the student is provided ongoing academic support to remedy any deficits during the four-year RFEP monitoring period.

Students with disabilities are provided the same opportunities to reclassify through the standard process. Students whose disabilities impact their ability to reclassify through the standard process and whose English language proficiency and academic achievement are similar to English-only students with similar disabilities may reclassify through an alternate reclassification process. The decision to reclassify through the alternate reclassification process is made by the IEP team during an annual meeting or addendum.

The academic progress of RFEP students is monitored for four years to ensure that students have not prematurely exited, that any academic deficits they incurred resulting from the EL program have been remedied, and that they are meaningfully participating in the district’s educational programs at a level comparable to their non-EL peers. Students who are not meeting expected academic standards must receive intervention and academic support through services that are not dependent on specialized funds. (20 U.S.C. Section 6841[a][4][5]; 5 CCR Section 11304)

English Learner Advisory Committee (ELAC)

Each school with 21 or more ELs must have a functioning English Learner Advisory Committee. EC sections 52176[b], 62002.5; 5 CCR Section 11308) 

The following are requirements of the ELAC:

1. Parent members are elected by parents or guardians of ELs. 
2. Parents or guardians of English learners constitute at least the same percentage of the ELAC membership as their children represent of the student body. 
3. The ELAC assists in the development of the schoolwide needs assessment and ways to make parents aware of the importance of regular school attendance.
4. The ELAC advises the principal and staff in the development of a site plan for ELs and submits the plan to the School Site Council for inclusion in the School Plan for Student Achievement (SPSA).
5. The ELAC receives training materials and training to assist members in carrying out their legal responsibilities.

A school may designate an existing advisory committee such as School Site Council to fulfill the legal responsibilities of ELAC if the advisory body meets the second requirement. 

Each ELAC has the opportunity to elect at least one member to the District English Learner Advisory Committee (DELAC). 

District English Learner Advisory Committee (DELAC)

IUSD is required to establish a District English Learner Advisory Committee (DELAC) in which at least 51 percent of the members are parents or guardians of English learners. (EC sections 52176[a], 62002.5; 5 CCR Section 11308)

The DELAC advises the school district governing board on at least the following tasks:

1. Development of a district master plan for education programs and services for English learners. The district master plan will take into consideration the school site master plans.
2. Administration of a district wide needs assessment on a school-by-school basis.
3. Establishment of district program, goals, and objectives for programs and services for English learners.
4. Development of a plan to ensure compliance with any applicable teacher and/or teacher aide requirements.
5. Review and comment on the school district reclassification procedures.
6. Review and comment on the written notifications required to be sent to parents and guardians.
7. If the DELAC acts as the English learner parent advisory committee under California Education Code Sections 52063(b)(1) and 52062(a)(2), the DELAC shall also review and comment on the development or annual update of the Local Control and Accountability Plan (LCAP).

Program Evaluation

IUSD must evaluate programs and services funded by Title III to determine the effectiveness of those activities. (20 U.S.C. Section 6841).

The program evaluation report must include:

• A description of the programs and activities conducted with Title III funds;
• The number and percentage of ELs making progress toward attaining language proficiency;
• The number and percentage of ELs attaining language proficiency based on the state-approved English language proficiency assessment;
• The number and percentage of ELs reclassified each school year;
• The number and percentage of RFEP students that are meeting grade level content standards during each of the four years after reclassification;
• The number and percentage of Long Term English Learner (LTEL) students and their date of first enrollment in IUSD; and
• Analytical findings on the effectiveness of Title III funded services and programs.

Policy Adopted: June 2, 2003
Revised:  July 11, 2023