Tenn. Comp. R. & Regs. 0520-01-19-.03

Current through December 10, 2024

Section 0520-01-19-.03 - IDENTIFICATION, SCREENING, AND SERVICE DELIVERY

(1) EL student identification is a two (2)-step process that must be completed in the sequence detailed below within thirty (30) days of initial enrollment.

(2) Step One (1): Each LEA and public charter school shall administer a Home Language Survey (HLS) to identify NELB Students. An HLS should be completed only once in a student's educational career. If the student has previously attended another LEA, the receiving school or LEA shall attempt to obtain the original HLS from the sending LEA. If the receiving LEA cannot obtain the original HLS after reasonable attempts to do so, it may re-administer the HLS, but shall mark it as a secondary HLS. If the original is found, it shall replace the secondary HLS in the student's file.

(a) The HLS shall not require parents or guardians to answer questions about student immunization or student or familial immigration status.

(b) The HLS shall include, but not be limited to, questions that require the parent(s) or guardian(s) to address the following three (3) topics:

1. The first language the student learned to speak;

2. The language the student speaks most often at home; and

3. The language that is most often spoken to the student at home.

(c) If the parent(s) or guardian(s) list a language other than English for any question above, the student shall be classified as an NELB Student. Parents or guardians shall be interviewed to clarify any discrepancies in the HLS.

(3) Step Two (2): LEAs shall screen all NELB Students with a Department of Education-adopted English language proficiency screener identified in State Board Policy 3.207 to determine whether the student qualifies for ESL Services, unless an NELB Student has documentation from a previous state or LEA that he or she met the definition of Fluent English Proficient (FEP) on the Department-adopted screener. The determination must be completed within thirty (30) days of initial enrollment.

(a) NELB students shall be screened utilizing the screener identified in State Board Policy 3.207. The scores that identify a student as an EL student are further defined in State Board Policy 3.207.

(b) NELB students with a disability and NELB students who cannot access the traditional screener due to a suspected disability shall be screened using the alternate screener identified in Policy 3.207. The Department shall develop guidance to support school personnel in determining when to administer the alternate screener to students.

(c) Students identified as EL students shall receive Direct ESL Services as provided in this Rule unless a parent and/or guardian chooses to waive Direct ESL Services.

(4) Each LEA and public charter school shall:

(a) For every EL student who receives Direct ESL Services or Indirect ESL Services, develop and implement an ILP for each EL student that includes:

1. Assessment data from the Department-adopted English language proficiency assessment;

2. Relevant demographic data including but not limited to years of ESL service, Long Term English Learner status, and additional services the student receives such as special education or Response to Instruction and Intervention (RTI²);

3. Data from other assessments may be included as available such as achievement assessments, relevant benchmark data, universal screener data, and Tennessee comprehensive assessment program (TCAP) data.

4. For EL students in grades Kindergarten through three (K-3), Direct ESL Services and language focused supports will be defined in the ILP that provide access to classroom instruction aligned to grade-level academic standards;

5. For EL students in grades four through twelve (4-12), Direct ESL Services and language, academic, and career-readiness supports that provide access to classroom instruction aligned to grade-level academic standards;

6. Strategies, scaffolds, and accommodations used in the delivery of Indirect ESL Services, as decided appropriate by the student's ILP Team, that provide access to instruction;

7. Short-term goals that help the student proceed to the next proficiency level in the four (4) domains of language: reading, writing, speaking, and listening;

8. Growth trajectories for English language proficiency based on individual student data, as available; and

9. For Transitional EL students, appropriate ILPs must outline services in accordance with Transitional EL status and needs. In addition, the ILP must include the required components listed in parts two (2) and three (3) of this subparagraph as well as short-term academic goals, career readiness for grades 4-12, and scaffolds for access to instruction for grade K-12.

(b) Ensure that, at least annually, the student's ILP Team reviews and revises, as necessary, each student's ILP;

(c) Comply with the parent and legal guardian participation and notification requirements of this Chapter and Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.); and

(d) Adopt and implement an oversight plan that outlines the development, implementation, and monitoring of ILPs for EL students in accordance with this Chapter and the Tennessee Investment in Student Achievement (TISA) guide. At a minimum, ILP oversight plans shall include procedures regarding:

1. The development of ILPs for all ELs within the LEA or public charter school;

2. The monitoring of ILPs quarterly;

3. The provision of intensified support for ELs not meeting growth expectations identified in the ILP;

4. Annual review and revision of ILPs by the ILP Team;

5. Parental communication and involvement in the ILP process;

6. The seamless coordination of services and supports for ELs with disabilities and/or Characteristics of Dyslexia;

7. Training for teachers providing Direct or Indirect ESL Services regarding ILP requirements, development, and implementation; and

8. The sufficient staffing and resources required to support the development and implementation of all ILPs across the LEA or public charter school.

(5) LEAs shall monitor authorized public charter schools to ensure compliance with this Chapter.

(6) Teachers shall monitor the academic and English language proficiency growth of EL students through benchmarking, progress-monitoring, formative assessments, and/or summative assessments at least quarterly. If an EL student is not meeting the growth expectations identified in his or her ILP, the student shall receive differentiated support so that he or she may advance more rapidly toward English language proficiency. Supports shall be implemented promptly after the ILP Team has determined the student is not on the expected growth trajectory.

(7) Provision of Direct ESL Services.

(a) EL students in elementary school identified for ESL services via a Department of Education-adopted English language proficiency screener described in State Board Policy 3.207 shall receive a minimum of one (1) hour of Direct ESL Service per school day from a teacher who holds an ESL endorsement, until the student achieves a qualifying score for exit on the Department-adopted English language proficiency assessment listed in State Board Policy 3.207 to be exited from Direct ESL Service or achieves a sufficient score on the Department-adopted English language proficiency assessment pursuant to State Board Policy 3.207 to have Direct or Indirect ESL Services modified by the ILP Team pursuant to paragraph (9) of this Rule.

(b) EL students in middle and high school identified for ESL services via a Department of Education-adopted English language proficiency screener described in State Board Policy 3.207 shall receive a minimum of one (1) hour of Direct ESL Service per school day or the equivalent of one (1) full-class period of at least 45 minutes in duration per school day, from a teacher who holds a license with an ESL endorsement, until the student achieves a qualifying score for exit on the Department-adopted English language proficiency assessment pursuant to State Board Policy 3.207 to be exited from Direct ESL Service or achieves a sufficient score on the Department-adopted English language proficiency assessment to have Direct or Indirect ESL Services modified by the ILP Team pursuant to paragraph nine (9) of this Rule.

(c) Parents or guardians of EL students shall be annually informed of the right to waive placement of their child(ren) in ESL programs, and each LEA shall provide the parent(s) or guardian(s) the option to waive Direct ESL Services before services are provided, or at any time during the course of the school year.

(d) If the parent(s) or guardian(s) waives Direct ESL Services for the student, the general education classroom teacher shall be responsible for providing Indirect ESL Services in the form of linguistically appropriate scaffolding and accommodations within the general education setting as described in the student's ILP.

(8) LEAs shall ensure that all teachers who provide Direct or Indirect ESL Services are annually trained in delivering ESL instruction. At a minimum, this training shall include, but not be limited to:

(a) The Tennessee English language development (ELD) standards;

(b) Appropriate ESL instructional methods to use with grade-level academic content standards in English language arts, mathematics, science and social studies;

(c) English language acquisition training for general education teachers to understand the process of acquiring a second or subsequent language;

(d) Strategies for collaboration between teachers serving EL students so that ILPs are developed and implemented by all educators; and

(e) The requirements regarding ILP development and implementation.

(9) EL students shall be assessed annually using the Department-adopted English language proficiency assessment identified in State Board Policy 3.207 to determine if the Direct ESL Services provided may be modified by the ILP Team.

(a) If applicable, LEAs may tailor the services provided to students, including providing less than one (1) hour of Direct Service per day or less than the equivalent of one (1) full-class period of at least 45 minutes in duration per school day pursuant to paragraph (7) of this Rule and requirements specified in State Board Policy 3.207.

(10) An ESL Program may be provided through various service models. These service models shall be delivered through scheduled ELD-aligned course instruction, pull-out instruction, or co-teaching instruction and may be provided in ESL classrooms, general education classrooms, in newcomer centers or programs for recently arrived ELs (RAELs), or virtual classrooms. Direct ESL Services shall be provided utilizing one (1) or more of the following Department-approved service models:

(a) Sheltered English Instruction;

(b) Structured English Immersion;

(c) Specially Designed Academic Instruction in English (SDAIE);

(d) Content-Based Instruction (CBI);

(e) Heritage Language Instruction;

(f) Another model approved by the Department.

(11) All service models shall:

(a) Be evidence-based and effective;

(b) Provide effective language instruction educational programs that meet the needs of ELs and demonstrate success in increasing English language proficiency and student academic achievement; and

(c) Be aligned to the Tennessee ELD standards.

(12) LEAs shall ensure that all EL students suspected of having a disability are located, identified, and evaluated for special education and related services in a timely manner, in accordance with the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and T.C.A. §§ 49-10-101, et seq.

(a) When conducting special education and/or Section 504 evaluations, LEAs shall consider the English language proficiency of EL students in determining the appropriate assessments and other evaluation materials to be used. EL students shall not be identified as students with disabilities solely because of their limited English language proficiency.

(b) LEAs shall provide EL students with disabilities with both the language assistance and disability-related services to which they are entitled under state and federal law.

(c) Neither Response to Instruction and Intervention (RTI²) nor special education services shall be used in place of Direct ESL Services.

(13) LEAs shall ensure that EL students suspected of having Characteristics of Dyslexia are screened and served in accordance with T.C.A. § 49-1-229 and the State Board Dyslexia Individualized Learning Plan Rule Chapter 0520-01-22.

(a) When conducting screenings for Characteristics of Dyslexia, LEAs shall consider the English language proficiency of EL students in determining the appropriate assessments and other evaluation materials to be used. EL students shall not be identified as having Characteristics of Dyslexia solely because of their limited English language proficiency.

(b) In addition to an ILP developed pursuant to this Chapter, an LEA shall provide to an EL student identified as having Characteristics of Dyslexia an Individualized Learning Plan - Dyslexia (ILP-D) in accordance with State Board Dyslexia Individualized Learning Plan Rules Chapter 0520-01-22. The EL's ILP and ILP-D shall be coordinated to ensure the seamless provision of coherent and complete services and supports.

(14) Two (2) high school ESL courses shall be counted toward the four (4) English credits required for graduation. At least one (1) of the ESL courses counted toward graduation credit shall be counted toward credit in an English course with an end-of-course assessment. Additional high school ESL courses shall be counted as elective humanities credits.

Tenn. Comp. R. & Regs. 0520-01-19-.03

New rule filed April 7, 2021; effective July 6, 2021. Amendments filed December 14, 2021; effective March 14, 2022. Amendments filed March 10, 2023; effective June 8, 2023. Amendments filed June 12, 2024; effective 9/10/2024.

Authority: T.C.A. §§ 49-1-302, 49-3-104, and 49-3-105; Chapter 966 of the Public Acts of 2022; 42 U.S.C. § 2000d; and 20 U.S.C. § 1703.