Grade Retention
According to the Office of Civil Rights, it is their policy to identify any violation of the Regulation
Implementing Title VI of the Civil Rights Act of 1964 if English Learner (EL) students are held back in
grade due to difficulties in demonstrating fundamental English skills. Further information can be found in
Lau v. Nichols 1970.
Before deciding to retain a limited English proficient (EL) student, teachers in Virgin Islands Schools
should consider several factors:
1. Years of Schooling: Evaluate the EL student's years of schooling both in the United States and
their native country. Determine if there have been any interruptions in schooling.
2. Language Proficiency: Retain the EL student's ACCESS scores available in their cumulative
folder and in their English learner plan provided by the ESL teacher. Consult with the ESL teacher
to inquire student's progress in language acquisition, ensuring progress in at least one proficiency
level in listening, speaking, reading, and/or writing domains on the annual ACCESS language
proficiency test.
3. English Language Proficiency Levels: Recognize the student's language proficiency level,
whether entering, beginning, developing, expanding, bridging, or reaching. Utilize scaffolding
techniques. How to provide Scaffolding Instruction to Support Multilingual Learners
4. Cultural Factors: Consider cultural differences, including language systems, and educational
experiences. Allow adequate time for the EL student to adjust to the new learning environment,
referencing resources like "Teaching to Diversity: Teaching and Learning in the Multi-Ethnic
Classroom."
5. EL Student's Developmental Stage: Differentiate between cultural and developmental
immaturity, consulting with parents and utilizing available educational resources.
6. English Learner Plan: Implement an Individualized English Learner Plan (ELP) tailored to the
student's needs, outlining specific goals, strategies, and accommodations to support language
acquisition.
7. Differentiated Instruction: Ensure differentiation in instruction, by aligning with WIDA
Standards available online. Document the student's progress or lack thereof across various subjects
and consult with the district ESL teacher or the ESL Coordinator for support.
8. Interventions: Implement appropriate interventions such as tutoring, after-school programs, or
computer-based learning. Document interventions and ensure adherence to differentiated
instruction practices.
9. Portfolios: Maintain portfolios showcasing daily/weekly progress through alternative assessments
and activities, referencing resources like "Authentic Assessment for English Language Learners"
and "Differentiation Strategies for Limited English Proficient (LEP) Students."
10. Parent Involvement: Regularly communicate with parents regarding their child's progress and
ensure they understand their legal rights and the educational system. Provide suggestions and
support to parents on how to assist their child at home.
Common Myths about Retaining ELs
Misconception #1:
Keeping an English Learner (EL) back will aid their language development. It's important to reconsider
the notion of retention as a means to enhance English proficiency. Rather than viewing it as an extra year
for language acquisition, it should be recognized as a setback. Referencing the landmark Supreme Court
case Lau v. Nichols (1974), it's evident that retaining an EL solely due to language barriers is
discriminatory. (Refer to this brief video overview of Lau v. Nichols from Colorin Colorado.)
Misconception #2:
Delaying a student due to lack of English proficiency is justified. English proficiency shouldn't be equated
with cognitive ability. Imagine relocating to a new country where you're not fluent in the language; your
intelligence remains intact. With appropriate support, students can grasp English alongside their academic
subjects. While conversational language might be acquired within one to three years, mastering academic
language could take four to seven years (Echevarria, Vogt, Short, 2017).
Misconception #3:
Holding back an EL will benefit their future. Research by John Hattie (2016) reveals that retention yields
adverse outcomes. Instead of fostering success, it tends to hinder progress. Repeating the same grade level
and curriculum can lead to disillusionment and decreased motivation among students. It's crucial to
examine states with smaller disparities or where ELs outperform their peers.
Remember
Retention of ELs shall not be based on the level of English language proficiency. We have laid out the
guidelines administrators and teachers must follow to ensure that fair practice is taking place and
consideration of ELs' language proficiency is not being discriminated against.
If your school has English learners but does not have and ESOL teacher, you may not retain the EL
because that student has not received appropriate services because of the lack of ESOL services.
The Virgin Islands EL Policy and Procedures Manual, pages 25-26, found at
https://goopenusvi.vide.vi/hubs/ESOL , provides a clear path when considering retention. If you have any
questions, don't hesitate to contact your district Language Acquisition Coordinator or the State Office
of Bilingual Education.