Native Language Instruction Program Guidance and Rubric
This guidance was developed based on current research on bilingual programs and the conditions outlined in the Consent Decree. The purpose
of this document is to provide guidance to any charter school seeking to develop language allocation guidelines to guide native language
instruction.
Consent Decree
The program components, teacher qualifications, staffing, and instructional program organization shall be as follows:
1. Native language instruction, Supported English Content Instruction, and ELD shall be available at each grade level in core content
classrooms staffed by an on track or fully qualified ELA-S teacher. If only Supported English Content Instruction and ELD are provided in a
classroom for students who are part of the TNLI program, a fully qualified ELA-E teacher shall be provided. Native language support
services may be provided to ELLs at all levels, but should not be used as a substitute for native language instruction where such
instruction is required by the relevant program services or this MCD.
Research based
It is important to note that most studies of academic achievement of ELLs in various program types have focused on students in elementary
school. However, there have been a few that have focused on high school students and the effects of various program types on student
achievement levels, GPA, high school dropout and retention rates and attitudes. The meta-analysis conducted by Lindholm- Leary and Genesee
in 2010 on the academic achievement of ELLs in various program types outlined the following findings:

English language learners benefit from native language instruction - Most large scale studies and relevant research find that there is a
benefit to bilingual instruction for ELLs over English- only instruction. “Overall, where differences between two instructional conditions
were found in the studies reviewed, the differences typically favored the bilingual instruction condition. This is the case for studies
conducted with students in both elementary and secondary schools, and with students possessing a range of abilities.” (Francis et al
2006)
o Other studies that focused on middle and high schools found that students who had been educated in bilingual programs,
especially late-exit and dual language programs, demonstrated academic achievement that was “as good as and usually higher
than that of comparison groups of students.” (Block, 2007; Burnham-Massey & Pina, 1990; Curiel, Rosenthal & Richek, 1986;
Fulton-Scott & Calvin 1983; Lindholm-Leary, 2001Lindholm-Leary & Block, in press; Lopez & Tashakkori, 2006; Ramirez, 1992).
o

There is little evidence showing that more time spent in English leads to overall higher performance of ELLs in English. “The
results show more that instructional time spent in Spanish positively impacts achievement in Spanish and has no negative effect
on achievement measured in English.” (Lindholm-Leary & Howard, 2008; August & Hakuta 1997; Genesee et al 2006; LindholmLeary & Borsato, 2006).
There is no “one best model” – Context matters - The authors of the meta-analysis highlight that there is “no one best model that will
serve all English Learners at all times.” It is important to consider the “community context, the needs of the students to be served and
the resources that are available for implementing the program.”
Reference:
Lindholm-Leary, K. & Genesee, F. (2010). “Alternative Educational Programs for English Learners.” Improving Education for English Learners:
Research- Based Approaches. California Department of Education: Sacramento.
Guidelines for Developing Native Language Instruction Plan and Language Allocation Guidelines
Entering
Level 1-1.9
Emerging/ Developing
Level 2-3.5
Developing/ Expanding/ Bridging
Level 3.6-4.9
English Instruction
specifically targeted for
ELs
Supported English
Content Instruction with
ELD.
30% of Spanish
instruction* averaged
annually across content
areas
English Instruction specifically
targeted for ELs
English Instruction specifically
targeted for ELs
Supported English Content
Instruction with ELD.
Supported English Content
Instruction with ELD.
Content taught in Spanish per
language allocation guidelines
 Minimum annual
percentage of Spanish
language instruction across
shaded content areas**
**Mathematics
Spanish Instruction*
Social Studies
within approved plan.
Science
Native language
supports provided by a
fully qualified ELA-S
Resource teacher.
20% of Spanish instruction*
averaged annually across content
areas
Supported English Content
Instruction with native language
supports.
Spanish Instruction* within
approved plan. Native language
supports provided by a fully
qualified ELA-S Resource teacher.
Supported English Content
Instruction with native language
supports.
Academic Electives:
Spanish
AP Spanish
Heritage Language
Other
Students must choose at least
one Academic Elective in Spanish
Students may choose at least one
Academic Elective in Spanish
Content taught in English
English Language Development
(ELD)
Minimum of 45 Minute class for ELs
Language Arts
Students must choose at
least one Academic
Elective in Spanish
*Best practice suggests that native language instruction should include SLD, Bridge, and Extension
**Determined by taking total time spent in instruction in these content areas and time allocated to Spanish language instruction as averaged
across all these subjects over the course of the year. Other Spanish language instruction opportunities may be identified in partnership with the
District to help meet these minimum percentages.
Program Design
Comments
REQUIRED: The bilingual program model is grounded in clearly
articulated language allocation guidelines* that indicate when
students will receive native language instruction, native language
supports, Sheltered content instruction in English and English
Language Development (ELD) as a part of their school day.
*Refer to the guidance on language allocation guidelines above.
REQUIRED: The bilingual program model is organized to promote
second language acquisition using cognitively demanding and gradelevel appropriate content. Native language instruction and/or support
is provided for all English learners, regardless of ELP level.
REQUIRED: The program design includes a stand-alone ELD block
daily for all English Learners, regardless of ELP level. The ELD block
should last a minimum of 45 minutes, be taught by an ELA qualified
teacher and utilizes a research based ELD curriculum.
REQUIRED: The program describes the use of annual performance
objectives, activities, timeframes, language(s), grade(s), performance
standards that are tied to the language allocation guidelines.
REQUIRED: The school leadership communicates the language
allocation guidelines with appropriate stakeholders including new and
returning families.
Assessment and Accountability
Comments
REQUIRED: Student assessment data, including language proficiency
data, is used to make educational programming decisions.
REQUIRED: The language of assessment is aligned to the language of
instruction.
REQUIRED: Student assessment is aligned to the content and
language standards and is used for evaluation of the program and
instruction.
RECOMMENDED: The school leadership uses multiple data measures
for program accountability and evaluation.
Curriculum and Resources/ Materials
Comments
REQUIRED: Standards based curriculums are used to support all
content areas and the language allocation guidelines.
REQUIRED: Resources are distributed equitably within the program
and the school to support native language, Sheltered English and ELD
instruction.
RECOMMENDED: Scope and Sequence documents and/ or unit maps
are used to outline native language instruction, as well as bridging
and extensions in the content areas.
RECOMMENDED: Classroom libraries are available in both English
and Spanish for the ELA-S classrooms.
Instruction
Comments
REQUIRED: Native language instruction is provided in bilingual
classrooms, aligned to the language allocation guidelines, to develop
academic language and literacy in the native language.
REQUIRED: Language instruction is planned so that what is learned in
one language supports and reinforces what is learned in the other
language.
RECOMMENDED: Teachers use a variety of cues (visual, color-coding,
etc.) to clearly indicate how and when instruction will occur in
Spanish, in English or in a bilingual metalinguistic space.
RECOMMENDED: A variety of supports (sensory, visual and grouping)
are utilized in all content areas and classrooms for English learners.
RECOMMENDED: Differentiation for students of varying language
abilities is evident both at the program level and the classroom level.
Staff Recruiting and Retention
Comments
REQUIRED: A staffing structure and recruitment plan that includes:
 High quality bilingual teachers (i.e. ELA-S)
 Spanish-speaking paraprofessionals to provide native
language supports
 A trained and bilingual counselor/designee for postsecondary readiness
 Spanish-speaking office staff
REQUIRED: A trained school leader oversees and evaluates the
effectiveness of ELA services provided by the school teachers. Staff
evaluations are performed by personnel who are familiar with
bilingual education. Bilingual teachers are evaluated by bilingual
administrators.
RECOMMENDED: Selection of new instructional, administrative, and
support staff takes into consideration credentials and language
proficiency.
RECOMMENDED: Teacher evaluation, coaching and observation
tools are reflective of the bilingual program model.
Professional Development
Comments
REQUIRED: The school has a professional development plan to ensure
that all staff members are trained on the bilingual program model,
language allocation guidelines and its implementation.
REQUIRED (Charter schools): The school has a designated trainer
who will train staff on the ELA modules as a part of the ELA
Qualification Training channel to ensure that all teachers gain
their ELA qualification within two school years.
RECOMMENDED: The principal attends professional development for
the implementation of bilingual programming.
RECOMMENDED: The professional development plan is aligned to the
UIP.
RECOMMENDED (District run schools): The principal supports
teachers attending the ELA-S District professional development.
Family and Community
Comments
REQUIRED (District run schools): The school has an effective PAC
(Parent Advisory Committee) that is comprised of families of students
receiving ELA program services that meets at least four-times per
year. Provide the opportunity for PAC representatives to participate
in the monthly ELA District Advisory Committee (DAC) meetings.
REQUIRED (Charter schools): The school has an effective SAC or an
equivalent structure that meets statutory requirements, includes
families of students receiving ELA program services and monitors ELA
programming
REQUIRED: The school has a responsive infrastructure for positive,
active, and ongoing relations with students’ families and the
community in their home language.
REQUIRED: The school has a process for articulating the Language
Allocation Guidelines with prospective, new and returning
families.
RECOMMENDED: The school has parent education and support
services that are reflective of the bilingual and multicultural goals of
the program.
RECOMMENDED: The program views and involves parents and
community members as strategic partners.
Implementation Plan (year 0-3)
Comments
REQUIRED: The principal will create a hiring plan for years 0-3 to
ensure adequate staffing the bilingual program and its oversight and
appropriately reflects staffing and other expenses associated with
native language, Sheltered English and ELD instruction.
REQUIRED: Budget is created for years 0-5
RECOMMENDED: Professional Development Plan is developed for
years 0-3
RECOMMENDED: There is a coordinated plan for promoting
bilingualism and biliteracy.
RECOMMENDED: There is a coordinated plan for promoting crosscultural competence.