Teachers assess students who are eligible based on information from the home language survey. This English language proficiency assessment is administered shortly after enrollment to determine the level of English proficiency. If a student scores at DPI (Department of Public Instruction) levels 1-5, the student qualifies for ESL/Bilingual education services. If a student scores a DPI level 6, the student is determined fully English proficient and does not qualify for ESL/Bilingual education services. According to Wisconsin state law (WI State Statute 115.96(1) all school districts must annually assess all students who qualify for English proficiency assessment on an annual basis until each student reaches a DPI level 6 (fully English proficient).
Notification and Consent
Teachers report the student's level of English proficiency to families. After families have been given information about ESL/Bilingual education, they have the right to either accept or decline these services. Families also have the right to change their decision at any time during the student's career in MMSD. Schools are required to notify families of English proficiency status yearly (WI State Statute 115.96(2/3).
Bilingual/Bicultural Program Requirements
If any school, within a school district in Wisconsin, has 10 Limited English Proficient students speaking the same non-English language at grades K-3, 20 students at grades 4-8, or 20 students at grades 9-12, the district must design a program and prepare a formal plan of services (PI-1849) to meet the needs of these students. The statute requires all such programs to be staffed by licensed bilingual teachers. When bilingual licensed teachers are not available, ESL licensed teachers may be used with bilingual teacher aides except in programs serving Spanish speakers. The obligation to maintain a state approved bilingual-bicultural program (WI State Statute 115.97) for students begins when any one of the three grade cluster "trigger" numbers is reached within a single school building. Districts may combine student numbers across different schools to meet the minimum threshold for state-assistance, but this is not an obligation.
Under this law, no student may be denied admission to any public school, be denied participation in, be denied the benefits of, or be discriminated against in any school-related activity or program on the basis of the student's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability. This law, like its federal counterparts, requires that every student receive an equitable educational opportunity. In order to meet this requirement, language barriers must be overcome or removed.
Federal No Child Left Behind Act (NCLB)
Section 3302: Parental Notification Requirements under Title III-A, NCLB, for Eligible Entities (Consolidated and Consortia Applications) Receiving Title III-A Funds
|I. IDENTIFICATION AND ENROLLMENT||
To inform parent or parents that their child has been identified as limited-English proficient and is/will be participating in a language instruction educational program
A child shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status
|WHEN||Not later than 30 days after the beginning of the school year
|WHAT – in general, notification to include:||
|II. RIGHT TO DECLINE OR END||
|III. FAILURE OF PROGRAM TO MEET AMAO||
|IV. FOR ALL NOTICES||
|V. PARENTAL PARTICIPATION AND OUTREACH||
Taken from: The Wisconsin Department of Public Instruction bulletin, Legal Responsibilities When Serving Limited-English Proficient (LEP) Students in K-12 Public Schools found on the world wide web at: http://www.dpi.state.wi.us/ell/doc/legalrsp.doc