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PROGRAM DEVELOPMENT

A challenge has been handed to public school educators in the state of Pennsylvania -- educating students whose dominant language is not English. This challenge has existed for several years, but has been exacerbated by the growing numbers of English language learners (ELLs). While data indicates overall K-12 enrollment in Pennsylvania schools has shown a slight decrease, the enrollment of English language learners has increased over 500% in the last four years (OELA, USDOE, 2001).In addition to the increasing number of students enrolling with limited English proficiency, there are firm legal grounds regarding the responsibilities of public school districts to address the needs of these students. The legal background on this topic is based in both federal and state law and in judicial decisions.

Title 22, Chapter 4, Section 4.26 of the Pennsylvania Curriculum Regulations requires that each school district/charter school provide a program for every student who is limited English proficient or an English Language Learner (ELL). The regulation further states that programs shall include appropriate bilingual-bicultural or English as a second language instruction (ESL). The aim of each program should be to facilitate the student's achievement of English proficiency and the Pennsylvania Academic Standards.

The Basic Education Circular (BEC) of July 1, 2001 for Educating Students with Limited English Proficiency and English Language Learners (included in Appendix A) further defines the program provisions of each public school district. The BEC provides helpful appropriate definitions and details regarding student identification, assessments, and school policies regarding ELLs.

The U.S. Supreme Court in Lau v. Nichols (1974) affirmed that school districts must take affirmative steps to help ELLs overcome language barriers and stated that districts may not compromise a student's right to meaningful education before proficiency in English is attained.

Castaneda v. Pickard (1981), the Fifth Circuit Court of Appeals formulated a test to determine school district compliance with the Equal Educational Opportunities Act of 1974. The Act prohibits denying equal educational opportunity by the failure of an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs. An individual denied an equal educational opportunity as defined by this part of the Act may institute a civil action in an appropriate court of the United States. The three part test includes the following criteria:

• Theory: the school must pursue a program based on an educational theory recognized as sound for ELLs.
• Practice: the school must actually implement the program with instructional practices, resources, and personnel necessary to transfer theory to reality.
• Results: the school must not persist in a program that fails to produce results.

Based on the above state and federal regulations and court cases, every public school district has the responsibility to develop an appropriate program to address the needs of ELLs. Since program development is a lengthy process, and schools have the responsibility to commence language instruction upon enrollment of students with language deficiencies, districts with no ELLs presently enrolled need to plan a program for students with limited English proficiencies in anticipation of such enrollment.