The English as a Second Language (ESL) Program Policy is designed to set minimum standards for
Tennessee school districts in providing services to non-English language background (NELB) students
who are also limited English proficient (LEP). These students are referred to as English Language
Learners (ELLs).

Schools are required to provide specialized programs for LEP students to comply with Title VI of the
Civil Rights Act of 1964 and T.C.A. 4-21-90.

ANTI-DISCRIMINATION POLICIES AND PRACTICES

To comply with Title VI of the Civil Rights Act of 1964, T.C.A. 4-21-90, and the Equal Educational
Opportunities Act of 1974, KCS must have anti-discriminatory policies which preclude denial of equal
education opportunities to individuals based on race, color, or national origin. To comply with antidiscriminatory policies, district practices must not result in the inappropriate placement of ELLs in or
exclusion from special opportunity programs or activities based on English language proficiency or
national origin.

IDENTIFICATION OF ENGLISH LANGUAGE LEARNERS

To comply with the ESL program policy, KCS must identify ELLs by following these two steps:

STEP 1: KCS shall administer the Home Language Survey to all students in the district. The Home
Language Survey consists of three questions that will be asked of every parent/legal guardian enrolling
his/her child in the school district. These questions are:

1. What is the first language your child learned to speak?
2. What language does your child speak most often outside of school?
3. What language do people usually speak in your child's home?

If the answer to any of the above questions is a language other than English, the child will be classified
Non-English Language Background (NELB) and assessed for English proficiency.

STEP 2: Unless an NELB student has documentation from a previous district of meeting the definition
of Fluent English Proficient (FEP), school districts assess all NELB students with the state approved
English language proficiency test to determine whether they are limited English proficient (LEP). All
NELB students who are determined to be LEP must be identified as ELL and must receive ESL services
through an allowable service delivery model.

PARENTAL NOTIFICATION AND RIGHTS

School districts shall communicate information to all parents in the language that the parent can
understand, to the extent practicable. Parents of English Language Learners must be informed of thei right to refuse placement of their children in ESL programs. Parents must also be advised of studies
related to emergent English Language Learners.

SERVICE DELIVERY MODELS

An alternative language program for ELLs, known as English as a Second Language, is defined in
Tennessee Rules and Regulations as "English instruction especially designed for speakers of other
languages" [Rule 0520-1-3-.056. a. 1 and 2 ii.]. An ESL program may be provided through various service
delivery models including but not limited to: ESL pull-out programs, ESL cluster centers to which
students are transported from their zone schools, resource centers/ESL laboratories, structured immersion classes, or scheduled ESL class periods, and push-in models for content-based ESL. All EIs will be provided with an ILP with growth trajectories. The Department of Education must approve other models based on the available evidence of their effectiveness. All models must be research validated and address how academic deficits that are the result of students' limited English proficiency will be remediated.

An endorsed ESL teacher must provide direct daily services, or the equivalent, to beginning and
intermediate level ELLs using the state approved ESL curriculum. Transitional ELL students are at the
advanced level and may be mainstreamed in the regular classroom without direct service. The district
must monitor students' progress for two years after they have exited from ESL services. If students are
not successful in the regular curriculum without direct service, the district must design a support program that provides them with the necessary skills.

All teachers who serve EIs, including Els whose legal guardians have waived direct ESL services, shall
be trained annually on Tennessee (WIDA) English language development standards.

At the high school level, districts shall use appropriate course codes for all ESL course work. Two ESL
credits may be counted toward the four English credits required for graduation. Additional ESL courses
shall be counted as elective credits. It is recommended that ELL students achieve the intermediate level
on the English language proficiency test before taking a regular English course.

STAFFING RATIOS

Appropriate staffing of ESL programs is based on two criteria. First, districts will provide adequate ESL
faculty to implement the chosen service delivery model effectively, as documented by the progress in
English language proficiency and academic content of their ESL students. Second, districts will
adequately staff their ESL programs to meet all compliance requirements, including but not limited to,
communication to parents, identification of English language learners, and monitoring of transitional
ELLs.

To meet the two criteria of effective and compliant ESL programs, districts shall implement ESL
programs based on the following staffing ratio standards:

• ESL class sizes shall not exceed state mandated grade level class size requirements; and
• The district-wide ESL program staffing ratio shall be based on an average of no more than 35
  identified ELL students per full-time ESL endorsed teacher unless an alternate staffing ratio is
  approved by the Department of Education. 

Districts seeking approval for an alternate district-wide staffing ratio shall provide the following
information annually to the Department of Education:

• The number of ELLs;
• The proficiency levels of ELLs;
• The most recent adequate yearly progress determinations for the ELL subgroup in
  reading/language arts and mathematics;
• The proposed staffing ratio that will be used in place of the recommended 35 to 1 ratio; and,
• The justification for the alternate staffing ratio.

Legal References:

1. Title VI - Civil Rights Act of 1964.
2. T.C.A. § 4-21-901.
3. TRR 0520-1-3-.056.a.1 & 2ii.
4. Tennessee State Board of Education Policy 3.207.

Approved as to Legal Form
By Knox County Law Department 8/21/2023
/Gary T. Dupler/Deputy Law Director