English Language Learners: Declaration of Rights

The U.S. Department of Education provides an interactive Declaration of Rights web site to inform parents of English Language Learners about No Child Left Behind and their rights under this historic law. Under No Child Left Behind, parents of English language learners can expect:

1. To have their child receive a quality education and be taught by a highly qualified teacher.
   
2. To have their child learn English and other subjects such as reading and other language arts and mathematics at the same academic level as all other students.
   
3. To know if their child has been identified and recommended for placement in an English language acquisition program, and to accept or refuse such placement.
   
4. To choose a different English language acquisition program for their child, if one is available.
   
5. To transfer their child to another school if his or her school is identified as "in need of improvement."
   
6. To apply for supplemental services, such as tutoring, for their child if his or her school is identified as "in need of improvement" for two years.
   
7. To have their child tested annually to assess his or her progress in English language acquisition.
   
8. To receive information regarding their child's performance on academic tests.
   
9. To have their child taught with programs that are scientifically proven to work.
   
10. To have the opportunity for their child to reach his or her greatest academic potential.

To order copies of the Declaration of Rights for your family, school, faith-based organization or community, please call the U.S. Department of Education's Publications Center (ED Pubs) toll-free at 1-877-4-ED-PUBS (1-877-433-7827).

 As a parent, I might reflect on these questions:

What are the language and academic skills of my student?

How can I promote his/her learning both at school and at home?

In what ways can I partner with the school to assure my child has the best opportunities to reach his or her greatest academic potential?

 As a teacher, I might reflect on these questions:

• In what ways can I assure that my students and I are culturally proficient as we welcome these students to our classroom?

• What might I do to assure that my students and I welcome, honor, and connect with the parents and their English Language Learners new to our classroom?

• How might I assure that these students receive the most appropriate instruction and accommodations as they learn English and their academics? 

 As an administrator, I might reflect on these questions:

• In what ways can I assure that my staff members and I are culturally proficient?

• What have we done to assure that we welcome, honor, and connect with the parents and their students?

• How can I assure that the English Language Learners are provided the correct placement and supporting programs? 

Parents/Families should...

• Inquire about the ELL programs/services offered in the building/district.

• Complete the home language survey at the time of registration.

• Learn about the placement of the English Language Learners, including the level of proficiency, the methods of instruction, and the intended outcomes.

• Ask about the students’ growth in English Language Proficiency based on the English Language Development Assessment (ELDA).

• Ask how they might be involved in the classroom and the school. 

Teachers should...

• Welcome the parents and the English Language Learners to the classroom, sharing with them how they can be involved.

• Work closely with the ELL instructor or AEA contact to determine the best program for the English Language Learners.

• Base instruction on language skills and the academic skills of the students.

• Access and use instructional resources that are appropriate for the English Language Learners and the goals of the instructional program.

• Use formative assessments to check the progress of the English Language Learners and adjust instruction as needed.

• Develop his/her own skills in teaching English Language Learners.

Administrators should...

• Welcome the parents and the English Language Learners to the school. Reach out to the parents with how they can be involved in their child’s learning and how they can actively participate in helping their children learn.

• Assure that the parents/guardians have completed the home language survey at the time of registration.

• Assure that the Assessment of English Language Proficiency for Placement has been completed within 30 days of the beginning of school year or within the first two weeks of registration if not at beginning of the year and that parents are notified of that placement.

• Assure that all students are assessed for their growth in English Language Proficiency using the English Language Development Assessment (ELDA).

• Assure the assessment of the students’ academic skills. (Note that this could be in their first language.)

• Provide professional development to all educational and appropriate school personnel regarding instructional techniques and modifications for English Language Learners.

• Provide instructional resources that are appropriate for the English Language Learners and the goals of the instructional program.

• Assure that all English Language Learners are monitored for progress, even after they exit the program.