Programs of English Language Learners
Title I, Section 1112
NCLB Title III, Sections 3113, 3212, 3213, 3247, 3302

English Language Learner provisions are included under Title I and Title III of NCLB. Title I outlines the state standards, assessment, annual yearly progress, and other accountability requirements for ELL students. Title III provides funding to state and local education agencies who are obligated by NCLB to increase the English proficiency and core academic content knowledge of Limited English Proficient students (another term is ELL-English Language Learners, although NCLB uses the term “LEP” for Limited English Proficiency). Under this title, local school districts decide on the method of instruction to be used to teach ELL students English, but requires that instructional programs to be scientifically proven to be effective.

State education agencies, school districts and schools must:

  1. Ensure that ELL students, including immigrant children and youth, develop English proficiency based on state expectations, and meet the same academic content and achievement standards that all children are expected to meet.
  2. Provide parental notification as to why their child is in need of placement in a specialized language instruction program.
  3. Administer reading assessments using tests written in English to any student who has attended school in the United States for 3 or more consecutive years, unless it is determined by the school district, on a case-by-case basis, that native-language tests will yield more accurate results.
  4. Test at least 95% of those students identified as ELL in reading/language arts and math, and by 2006 in science, required by all public school students in the state. The assessment should be designed to provide information on the proficiency of ELL students to master English.
  5. Assess in a language and a format most likely to elicit the above information and which would allow the state and local school district to make testing accommodations (such as developing an assessment in a student’s native language, providing translation help and/or conducting an oral test).
  6. Report the tests scores of ELL students as one of the subgroups to be disaggregated, and as part of the state, district and school test scores for all of the students.
  7. Involve ELL parents in the decision-making process of Title III programs and activities at both the state and local levels.