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1. The Patchy Landscape of State English Learner Policies under ESSA

Author:
Leslie Villegas and Delia Pompa
Publication Date:
02-2020
Content Type:
Special Report
Institution:
Migration Policy Institute (MPI)
Abstract:
When the Every Student Succeeds Act (ESSA) was signed into law in 2015, it was hailed as a significant step forward for English Learner (EL) students. The law aimed to raise the profile of accountability for ELs, including in terms of their progress towards English proficiency and their performance in academic subjects. More than four years on, all 50 states, the District of Columbia, and Puerto Rico have submitted plans to the U.S. Department of Education describing how they intend to meet their commitments under ESSA. But despite anticipation of a clear vision for the future of EL education policy, these plans offer a rather fractured picture and considerable variation. This report provides a detailed breakdown of key aspects of EL education outlined in these state plans. It examines policies governing how students are identified as ELs, assessed, and eventually exited from EL status once they reach proficiency; how their academic achievement is tracked; and the extent to which they are included in state accountability systems. On the whole, the authors conclude, ESSA has fostered more consistency within (though not between) states on matters such as EL identification and reclassification procedures. However, the law has significant shortcomings in other critical areas. For example, it provides no guidance to states on how to address cases involving ELs who do not reach proficiency within the state-determined timeline. The complexity of ESSA’s state accountability framework—with elements pertaining to ELs scattered across it—can also make it difficult to understand how and how much ELs’ performance counts in school accountability ratings. While it is too soon to understand the full impact of ESSA on EL students' academic outcomes and English acquisition, the report points to a number of key areas that merit careful attention from education policymakers and researchers in the coming years.
Topic:
Education, Immigration, Law, Language, and ESL
Political Geography:
North America and United States of America

2. Native Language Assessments for K-12 English Learners: Policy Considerations and State Practices

Author:
Julie Sugarman and Leslie Villegas
Publication Date:
06-2020
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
Standardized tests play a central role in the U.S. education system, shaping how states hold schools accountable for ensuring that all students have equitable access to a quality education. Schools and districts sometimes also use testing data for high-stakes decisions about teacher pay and whether students can move on to the next grade. It is thus crucial that standardized assessments are able to accurately capture what students know and can do. But for English Learner (EL) students, test scores may not fully reflect how much they have learned in a subject if they cannot demonstrate their knowledge in English. The federal Every Student Succeeds Act (ESSA) encourages states to consider offering native language assessments as a test accommodation for ELs. Yet official guidance and research are limited on how to use such assessments effectively, and only 31 states and the District of Columbia use such tests. Depending on factors such as students’ English proficiency levels and the language(s) in which they receive instruction, these tests may be a good fit for some ELs but not others. This policy brief explores key policy and practical questions for states considering implementing or expanding their use of native language assessments. It also provides an overview of the choices made by the jurisdictions that already use them—including the subjects and languages in which native language assessments are offered and how they were created. Finally, the brief offers recommendations for the federal government, states, and local actors that could help build understanding of when these tests work well and how to make them more widely available.
Topic:
Education, Immigrants, Language, Integration, and ESL
Political Geography:
North America and United States of America

3. Legal Protections for K-12 English Learner and Immigrant-Background Students

Author:
Julie Sugarman
Publication Date:
06-2019
Content Type:
Policy Brief
Institution:
Migration Policy Institute (MPI)
Abstract:
Although education is in many ways a responsibility of states and localities, the U.S. federal government also has an important role to play. National laws, court rulings, and policy guidance help ensure that English Learner (EL) and immigrant-background students have equitable access to a meaningful education. It is then up to states and school districts to color in many of the details as they implement these protections in their free, public primary and secondary school systems. This EL Insight lays out seven key ways the U.S. government protects the educational rights of EL and immigrant-background students, including those with Limited English Proficient and unauthorized-immigrant family members. It also explains the legal framework behind these rules, who enforces them, and how they can be seen in action in schools across the country. Some of the policies highlighted in this brief—such as using a two-step home language questionnaire and English assessment to identify which students are ELs—are well established and look similar across the country. Others, such as requirements for what credentials teachers must have to work with ELs, vary considerably. And while some legal protections have become a basis for strengthening broader educational policy, many have limitations or have fallen short their implementation. This brief is the latest in a series of English Learner Insights, which also includes an introduction to finding and using EL data and to the instructional models schools use to serve ELs.
Topic:
Education, Immigration, Language, and ESL
Political Geography:
North America and United States of America

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