May 2021

Section 1

Legal Foundation for Providing Effective Educational Services to English Learners

The Yarmouth School Department abides by the laws and Supreme Court decisions that establish the legal requirements for providing English learners with effective language and content acquisition programming. The following list, compiled by Brown University, highlights these laws and Supreme Court decisions (Retrieved and adapted from: diverse-learners/legalprovisions-education-english-language-learners):

Federal Legislation

•  Every Student Succeeds Act (2015) provides for strong accountability for the education of all children and for certain provisions specific to limited English proficient students, especially under Titles I and III of the Act. ESSA also provides funds to states and local schools and universities to carry out the intent of the Act. (full text) elsec/leg/essa/index.html (U.S. Department of Education's official ESSA website)

• Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of national origin (and other civil rights). (full text)

•  Equal Education Opportunities Act of 1974 requires schools to "take appropriate steps" to assure equal access as stipulated in the Lau opinion below.

Supreme Court Decisions

•  Lau vs. Nichols (1974) ruled that providing the same access to curriculum, instruction, and materials for students of limited English proficiency as is provided to English dominant students is not in effect equitable:

•  Plyler vs. Doe (1981) ruled that all students in public schools must be appropriately served, including any students who may not be documented as legal immigrants: historics/USSC_CR_0457_0202_ZO.html

•  Castañeda vs. Pickard (1981) case precedent requires schools to use a three-pronged approach to assure that they are following the spirit of the above decisions vis-à-vis: a practice grounded in sound educational theory; effective implementation of an appropriate program; assurance that the program is working through an evaluation and subsequent program modification to meet this requirement.


Section 2

English Learner Identification 

The Yarmouth School Department identifies English learners in accordance with federal and state requirements (Legal Basis: Section 3111, Elementary and Secondary Education Act of 1965).

 Action Required by Federal Law and/or State Policy

When and how is this action accomplished in the SAU

Administration of the Maine DOE Language Use

Survey englishlearners/policy/survey

Occurs at registration

Translation/Interpretation Services Provided to Parents/ Guardians

The school department contracts with an agency for purposes of interpretation and translation. The Language Line and Talking Points are also used as appropriate.

Referral of all Potential English Learners for Screening

Occurs upon review of Language Use Survey

Administration of English Language Proficiency Screener

Administered by an EL teacher upon referral

Language Acquisition Committee Meeting to Develop Program of Services for Identified English Learners

Team convenes within 30 days of enrollment from the beginning of the school year or within two weeks of enrolling during the school year

English Language Proficiency Screening Assessment Requirements



Screening Assessment

Minimum Score Required

              to be Non- EL

Pre-k ELP



1st semester K

Kindergarten W-APT

Listening and Speaking 29

2nd semester K/1st semester 1st grade

Kindergarten W-APT

Listening and Speaking 29 Reading 14

Writing 17

1st semester K

Kindergarten MODEL

Oral Language Proficiency level 6.0

2nd semester K/1st semester 1st grade

Kindergarten MODEL

Composite Proficiency level 6.0

2nd semester 1st grade-12th grade

WIDA Screener Online

Composite Proficiency level 4.5

Legal Basis: Sec-on 3111, Elementary and Secondary Educa-on Act of 1965


Section 3

Development of Individualized Language Acquisition Programs

The Yarmouth School Department ensures that all English learners have an Individualized Language Acquisition Program to meet their English language acquisition and academic content learning needs.

Legal Basis: Title VI of the Civil Rights Act of 1964; Castañeda, 648 F.2d at 1009-10; Cf. 34 C.F.R. § 100.3(b)(1), (2); see also 20 U.S.C. §§ 6312(g)(1)(A)(viii) (Title I), 7012(a)(8) (Title III)

1. Development of Individualized Language Acquisition Plan (ILAP)

Once a student is identified as eligible for EL services (see Section 2) a team (parent/guardian; EL teacher(s); classroom teacher(s); an administrator, counselor and/or instructional strategist; and, as appropriate, student) meets to develop an ILAP.

Development of ILAP includes:

-Demographic Information (Name, Parents, Address, DOB, Date entered US, Date entered program, School, Grade, Teachers, First/Other languages, Literacy skills in home language, Years of school in primary language, EL instructional level)

-Purpose of Meeting, Participants, Teacher Input and other Notes.

-Interpretation of Assessment Data (WIDA MODEL, ACCESS, NWEA, PSATs, etc)

-English Language Goals

-Description and Frequency of Services (direct instruction outside of the classroom, support within the classroom, and consultation with classroom teachers)

-Recommendations for Teachers/Classroom Accommodations

-Post High School Plans (as appropriate per grade level)

2. Record-Keeping and Parent Notification:

-The team is convened and the ILAP is updated at least annually. ILAPs are completed by EL teacher and a copy is sent home to parents/guardians. A copy is kept at schools (accessed by EL teachers, classroom teachers, school counselors, and administrators) and in the school department office of instructional support.

- In accordance with Federal guidelines, parents are notified of ACCESS test results and eligibility for EL programming on an annual basis.

-The following documents will be placed in a student’s cumulative file or individual EL binder:

a.     Language Use Survey

b.     Intake forms as needed

c.     Annual ACCESS for ELLs testing results

d.       ILAP

e.       WIDA Screener results

f.      EL Program Exit Letter

The minimum is amount and frequency of services that