Serving Fort Worth ISD’s English Language Learners "Where inability to speak and understand the English language excludes national originminority group children from effective participation in the educational program offered by a school district, the district must take affirmative steps to rectify the language deficiency in order to open its instructional program to these students." 35 FR 11595 (1970), affirmed in Lau v. Nichols, 414 U.S. 563 A. State and federal requirements School districts throughout the United States scrambled to implement programs for their English language learners (ELLs) following the 1974 U.S. Supreme Court Decision. The Los Angeles Unified School District, for one, signed a consent decree with the U.S. Office of Civil Rights costing $450 million. Here in Texas, the Legislature crafted the Texas state policy: “It is the policy of the state that every student who has a home language other than English and who is identified as LEP shall be provided a full opportunity to participate in a bilingual education or English as a second language (ESL) program.” The statutes are carried in TEC 29.05 et seq and the regulations which implement the code are at 19 TAC 89.1210 et seq. The statute requires each district with an enrollment of 20 or more LEP students in any language classification in the same grade to offer a bilingual education or special language program, as follows: 1. K through elementary grades: bilingual education 2. Post-elementary through grade 8: bilingual education, ESL or other transitional language instruction approved by TEA Grades 9-12: District shall offer instruction in ESL. 3. The law also requires annual administration of each student’s proficiency to determine the extent to which the student has developed oral and written language proficiency and specific language skills. B. Fort Worth ISD’s program Fort Worth ISD has adopted the programmatic format proposed by Gomez and Gomez. We provide their Dual Language programs in over 150 classrooms in 57 of our 100 schools. All programs are Spanish/English programs. The district also has many 1 Vietnamese students; however, we obtain a waiver from the requirement to provide them Dual Language instruction. The Dual Language program, a PK-5 program, is just for Spanish-speaking English Language Learners (ELLs). According to the district manual, “Literacy instruction is in Spanish and/or English, depending upon language dominance on initial enrollment. Social Studies and Science are taught in Spanish. Math is taught in English.” (source: Elementary Bilingual/ESL program manual, June 2012, Part III Section E, reproduced in the Appendix.) C. Issues in the Board oversight and administration of the ELL program 1. The design of programs for English Language Learners (ELLs) is inadequately defined and inconsistently implemented to meet state achievement performance standards according to the 2012 curriculum audit.1 2. The audit acknowledges the existence of administrative direction for the ELL program, but notes that it has not been adopted by the board.2 This recommendation is linked to Finding 1.1 which notes that “Board policies are inadequate to direct curriculum management decision making and to establish control over the educational program and related organizational functions.”3 3. The number of identified ELL children has increased by 10% over the last four years. However, during this period the number in bilingual classes has increased by nearly half, with a corresponding decrease in the number in ESL classes. Table 1. Changes in FWISD ELL enrollment, 2007-08 to 2011-124 2007-08 Number in ESL classes 11,588 Number in Bilingual classes 9,631 Total number LEP 22,377 2011-12 8,211 13,802 23,239 % change -29% +43% +10% 4. The performance of ELL students during this period is of grave concern. ELL student TAKS scores have decreased compared to state standards since FWISD’s dual language program was implemented. Comparisons across years are troublesome due to constant changes in the passing score applied by the state. Nevertheless, the data indicate that FWISD’s ELL children are falling farther and farther behind ELL children in the rest of Texas, as can be seen on the next page. 1 Texas Curriculum Management Audit Center, Texas Assn. of School Administrators, A Curriculum Audit of the Fort Worth Independent School District, August 2012, p. 222. 2 Ibid., p. 227. 3 Ibid., p. v. 4 Ibid., p. 226. 2 Table 2. Percentage of LEP students at Standard/Above on TAKS, compared with State and District Levels5 2006-07 2010-11 2006-07 2010-11 Reading FWISD 60 66 Mathematics FWISD 52 70 State 67 90 State 62 84 Difference -7 -24 Difference -10 -14 5. Perhaps of even greater concern, the graduation rate for FWISD’s LEP students has decreased compared to both state and FWISD levels. Table 3 Percentage of All Students Graduating in the State and District Compared to LEP Students Graduating 2006-20116 State 2006-07 80.4 2010-11 84.3 Change 2007-2011 +3.9 FWISD 77.2 79.4 +2.2 LEP 52.2 43.7 -8.5 The curriculum audit expresses additional concerns regarding the structure and performance of our program, including A lack of Reasonableness Concerns regarding comprehensiveness and equal access; Adequacy of organizational capacity; Integration with the regular program; Insufficient budget; and Lack of a plan for evaluation. 5 6 Curriculum Audit, p. 238, Exhibit 3.2.7 Ibid., p. 239 Exhibit 3.2.8 3 Appendix Dual Language Program Requirements7 7 Bilingual ESL Department, FWISD, Elementary Bilingual ESL Program Manual, 2012-13. 4