1 Understanding the Educational Needs of English Learner & Migrant Foster Youth Lauri Burnham-Massey, Director of Legislative Affairs, CABE Deborah Escobedo,

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Understanding the Educational Needs of English Learner & Migrant

Foster Youth•Lauri Burnham-Massey, Director of Legislative Affairs, CABE•Deborah Escobedo, Staff Attorney, Youth Law Center•Kaye Fredrickson, MSW, Educational Liaison, Fresno County

Dept. of Children and Family Services

California Foster Youth Education Summit Sacramento, California

May 5, 2009

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Academic Status of Foster Youth

• 75% are working below grade level

• 83% are being held back by the third grade

• 46% become high school dropouts

*Source: Foster Youth Services- 2008 Year End Report

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AB 490

“In all instances, educational and school placement

decisions must be based on the best interests of the

child.” Ed. Code § 48850(a)

• Equal Opportunity to meet academic standards

• Stable school placements

• Right to remain in school of origin

• Preference for mainstream school placement

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FOSTERING CONNECTIONS

Case plan must include a plan for ensuring educational stabilityfor a child while in foster care, which includes assurances that:

The placement of the child takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.

The State agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement.

42 U.S.C. §675(1)(G)

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How Many Foster Youth are LEP and/or Migrant?

• Do we know how many Foster Youth are identified as Limited English Proficient (LEP) or English Learner (EL) student or Fluent English Proficient (FEP)?

• Do we know how many Foster Youth meet the definition of migrant youth?

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California English Learner Enrollment

• 25% of all students are LEP or EL students

• 43% of all students speak a language other than English in their homes (EL/FEP)

• 47% of all CA students in PK to 5th grade are children of immigrants! (Urban Institute)

• How are these numbers reflected in CA’s foster youth population?

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Must Overcome Language Barriers

• Access to educational programs to address their language needs

• Access to programs to teach them academic English

• Access to the curriculum & must not incur academic deficits

• Continuity of program is very important to ensure academic success Equal Educational Opportunities Act, 20 U.S.C. § 1703(f); Lau v. Nichols (1974) 414 U.S. 563; Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989; NCLB -Title III, 20 U.S.C. § 6801.

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Best Educational Interests?

• How do we meet the best educational interests of a foster youth if the youth is EL, FEP and/or Migrant?

• How to we ensure educational stability if a foster youth is EL, FEP and/or Migrant?

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California’s Interest in English Learners

State English Learner

Enrollment

Total Enrollment

Percent English

Learners

California 1,591,525 6,198,237 25.7

Texas 684,007 4,405,215 15.5

Florida 299,346 2,639,960 11.3

New York 203,583 2,858,500 7.1

Illinois 192,764 2,097,503 9.2

Arizona 155,789 1,029,509 15.1

Source: USDE 2006, NCELA

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California’s English Learners Language Groups over 1% of Total

2007-08

Language Number Percent

Spanish 1,320,981 85.1%

Vietnamese 34,712 2.2%

Pilipino 22,389 1.4%

Cantonese 21,551 1.4%

Hmong 19,715 1.3%

Korean 16,799 1.1%

Total 92.5%Source: 2008 R-30 Language Census

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Who is an English Learner?

Why is it important to know

if a foster child is an English learner?

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How do you know if a student is an English Learner?

Initial Identification(Required procedures to identify all students

of limited-English proficiency)

– Home Language Survey (All students)

– English language proficiency assessment (CELDT) (within 30 calendar days)

– Primary language proficiency assessment (within 90 calendar days)

– Parent notification of assessment results (initial and annual)

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How do you know if a child is an English Learner?

ReclassificationMultiple criteria shall include:– Objective assessment of English language

proficiency - CELDT– Teacher evaluation– Parent opinion and consultation – Comparison of pupil performance in basic skills

against an empirically established range of performance demonstrating the ability to participate effectively in curriculum designed for students of the same age whose native language is English – as set out by State Board of Education Guidelines. (Oral fluency alone does not equal full proficiency in English.)

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Why do Social Workers Need to Know

if a Child is an English Learner?• If ELs represent 1 in 4 California students,

they probably represent 1 in 4 foster students.• Ensuring students receive an appropriate

instructional program is crucial to success.• We want them to learn English; but we want

more than that for them.• It is important to be aware that oral

fluency alone does not equal full proficiency in English.

• A consistent multi-year program is essential for English learners.

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Foster English LearnersTrue Stories from the Field

• Educational Placement (program and teacher) Sumamente Importante: Example: Sierra Vista High School, Baldwin Park (Charlene Fried, teacher)

• A Sad Story: Trials of Leopoldo• A Happier Story: Julio’s Journey• The road has many extra hurdles for foster

children – especially if they also happen to be English learners. Informed social workers can make a powerful difference.

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Not All English Learners are Alike!

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Program Differentiation• Language Proficiency

• English Learner Distribution

• Language Groups

• Student Characteristics

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Just Starting School-Adequate School Readiness

OR Well-Educated NewcomerKey

Characteristics

• May be USA or foreign born

• Grade levels K-12

• L1 academic preparation

• ELD progress• Content areas• Motivation

Instructional Implications

• ELD• Content classes• Support needed• Home-school connections• Beneficial interventions • Cautions

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Just Starting School - Low School Readiness

OR Under-Schooled NewcomerKey

Characteristics

• Generally USA but may be foreign born

• Grade levels K-12

• L1 academic preparation

• ELD progress• Content areas• Motivation

Instructional Implications

• ELD• Content classes• Support needed• Home-school connections• Beneficial interventions • Recouping academic

deficits• Cautions

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Progressing English Learner

Key Characteristics

• USA or foreign born• Grade levels 1st – 12th • Academic background• ELD progress• Content areas• Academic deficits• Motivation

Instructional Implications

• ELD• Content classes• Supports needed• Beneficial

interventions • Recouping deficits• Cautions

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Struggling English Learner

Key Characteristics

• USA or foreign born• Grade levels 3rd – 12th • Academic background• ELD progress• Content areas• Academic deficits• Motivation

Instructional Implications

• ELD• Content classes• Supports needed• Home-school connections• Beneficial interventions • Recouping deficits• Cautions

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Long-Term English Learner

Key Characteristics

• Often USA born or in USA over 6 years

• Academic background

• ELD progress• Academic progress • Motivation• Adjustment

Instructional Implications

• ELD• Content classes• Academic acceleration• Supplementary instruction • Recouping deficits• Home-school connections• Counseling• Cautions• Graduation Expectation

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What laws govern educational

services for English learners?

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Legal Framework

Federal• United States Constitution• Federal statutes• Federal Regulations• Federal Court Decisions• Federal Administrative

Actions: Policy Memoranda, letters to the field, etc.

State• California Constitution• California Statutes: Ed. Code

• California Regulations• California Court Decisions• CDE Directives / LEA

Policies

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Applicable legal citations include,

but are not limited to:20 USC 1703(f); 42 USC 2000(d); 34 CFR 100.1-100.13, 300.300, 300.343(d), 300.346(a), 300.532(a)(c), 300.552; Lau v. Nichols (1974) 414 U.S. 563 Castañeda v. Pickard (5th Cir. 1981) 648 F.2d 989; Idaho Migrant Council v. Board of Education (9th Cir. 1981) 647 F.2d 69; Gómez v. Illinois State Board of Education (7th Cir. 1987) 811 F.2d 1030; McLaughlin v. State Board of Education (1999) 75 Cal.App.4th 196; EC 305-306, 310-311, 313, 33051(a)(3), 44253, 44253.1, 44253.2, 44253.3, 44253.10, 48985, 54032, 60810-60811, 62002, 62002.5; 5 CCR 3942(3), 4320, 11300-11316; 83 Ops. Cal. Atty. Gen. (2000) 40; NCLB Titles I and III

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What Educational Services are Available

/ Required for English Learners?

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Goals for English Learners

• Acquisition of English

• Academic Achievement

• Positive Psycho-Social adjustment

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Program Options for English Learners in California

• Structured English Immersion

• English Language Mainstream

• Alternative program (alternative course of study)

Parent notification, on an annual basis: placement, educational opportunities, waiver option

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Parental Exception Waivers

• Districts must have a waiver procedure and an alternative program design/description

• Parental exception waivers shall be granted unless the school principal and educational staff have determined that an alternative program offered at the school would not be better suited for the overall educational development of the pupil. [5 CCR 11309 (b)(4) ]

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English Language Development

ELD is designed to teach English learners to understand, speak, read, and write English and acquire the linguistic competencies that native that native English speakers already possessEnglish speakers already possess when they enter school and continue developing throughout life.

• All English learners until reclassified

• Differentiated according to the level of

each student’s English proficiency.

• Ongoing assessment (listening, speaking,

reading, and writing).“It’s tautological !”

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Access to Core Curriculummeans….

.... more than simply offering or exposing students to the core curricula.

…. students receive grade-level instruction in a manner that allows them to meet grade-level standards in a reasonable period of time.

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Teaching Personnel Who Can Teach English Learners?

•“… For these pupils to have access to quality education, their special needs must be met by teachers who have essential skills and knowledge related to English language development, specially designed content instruction delivered in English, and content instruction delivered in the pupils' primary languages....”– EC 44253.1

•EL authorizations: CLAD/BCLAD or equivalent

•Teaching IS rocket science!

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Parent Involvement

Parent Right to Meaningful Access– Informed Choice– Complete information, including

notices in languages other than English

– Active involvement in decisions that affect their children’s education

– Home-school collaboration – positive academic consequences for English learners.

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Evaluation of Progress

• Design and implement sound program

• Monitor student progress (cautions)

• Evaluate programs/services to determine effectiveness

• Modify program to achieve results for students

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Myth or Reality?

Inquiring minds want to know.

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Myth: If they can’t express it in English, they don’t know it.

Reality: Lack of ability to express what s/he knows in English does not mean that a student does not know the content.

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Reality: Speaking louder and slower is not the way to make English comprehensible to students who do not fully understand the English language.

Myth: If you say it louder and slower, they will understand.

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Reality: Preparing English learners only to work in the fields of California, the restaurant industry, and hotels is no longer an option.

Myth: Most English learners will grow up to be farm, restaurant, or hotel workers.

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Reality: There is a substantial body of research on education for English learners that can guide practitioners.

Myth: There is very little research on educating English learners, and the research that exists is unclear and contradictory.

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Reality: There is a strong research basis for providing English learners with L1 literacy development. Teaching students to read in their first language promotes higher levels of reading achievement in English.

Myth: The research on educating English learners supports English-only instruction over bilingual approaches.

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A New Bookto be Published by CDE in

2009• Title: Improving Education for English

Learners: Research-Based Approaches

• Purpose: to meet a need for practical guidance on research-supported best practices for ensuring language, academic, and socio-cultural proficiency for English learners.

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Migrant Education

• Supports high quality and comprehensive educational programs to help overcome educational disruption, cultural & language barriers, social isolation & health related problems that prohibit migrant students from doing well in school.

• Gives migrant students access to supplemental services & programs to address their unique educational needs.

NCLB - Education of Migratory Children, 20 U.S.C. § 6391

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Eligibility: Who Qualifies

• Child/youth 3-21 years of age

• Child is a migrant agricultural worker or a migrant fisher or has a parent, spouse or guardian who is a migrant agricultural worker or fisher; and,

• Child has moved within the preceding 36 months in order to obtain (or seek) or to accompany a parent, spouse, or guardian to obtain (or seek) temporary or seasonal employment in agricultural or fishing work; and

• The child has moved from one school district to another.

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California Migrant Education

240,000 identified migrant youth, ages 3-21

• 23,395 are preschoolers ages 3-5

• 177,178 are in grades K-12

• 39,519 are out of school youth

Operates through a system of statewide contracts and 23 Regional Offices, both County Offices of Education and local school districts

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Academic Status of Migrant Students • High Drop-Out Rate: The dropout rate for migrant students is

believed to be well over 50 percent.

• Disproportionate Enrollment in PI Schools: Forty-seven percent (47%) of migrant students attended Program Improvement (PI) schools.

• Underachievement in Core Curriculum: Only 12% of migrant students meet state standards in English–language arts; only 18% of migrant students meet state standards in mathematics.

• Lack of High School Preparedness: A disproportionate number of 8th grade migrant EL are performing at levels that would endanger their success in high school.

Source: Comprehensive Needs Assessment http://www.cde.ca.gov/sp/me/mt/cnareport.asp

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California Migrant Regional Offices Contact Info. http://www.cde.ca.gov/sp/me/mt/regions.asp

• Region 1 – Santa Clara • Region 2 – Butte • Region 3 – Merced • Region 4 – Fresno • Region 5 – Kern • Region 6 – Imperial • Region 7 – Riverside • Region 8 – Tulare• Region 9 – San Diego • Region 10 - Los Angeles • Region 11 - Pajaro Val. USD• Region 12 - Oxnard El. SD

• Region 13 - San Jose USD• Region 14 - Delano Jt. UHSD• Region 16 - Monterey • Region 17 - Ventura • Region 18 - Santa Barbara• Region 19 - Lost Hills Union SD • Region 20 - Semitropic SD• Region 21 - Bakersfield City

Elem. SD• Region 22 - Santa Maria-Bonita

SD• Region 23 - San Joaquin • Region 24 - Lindsay USD

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4848

Barriers To Improving Educational Outcomes for Foster Youth

1. Frequent changes in residence

2. Changing school during mid-year

3. Not enrolling in or attending school immediately upon a change of residence

4. Lost, missing, incomplete, or unavailable school records (transcripts)

5. Lack of highly skilled, effective caregivers

6. Lack of appropriate monitoring of homework and educational progress

7. Lack of a mentor/coach to guide the child’s educational career

8. No or insufficient number of educational advocates or liaisons to trouble shoot when school problems occur

9. Failure to complete high school and obtain diploma

10. Children with eligible disabilities not identified for special education services

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Collaborative Agency Partners

Pamela Hancock, MSFresno Co. Office of Education-Foster Youth Educational ServicesOversight of Probation, Foster, and Homeless Educational Issues

Laura Tanner-McBrien, MAFresno Unified School District-Project AccessOversight of District’s Probation, Foster, and Homeless Educational

Issues

Kaye Fredrickson, MSWFresno Co. Department of Children and Family ServicesOversight of Foster Youth Educational Issues

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Fresno County, California

Part of the Southern Central San Joaquin Valley

Most populous county in the region

799,407 population in 2005

Agricultural area - county area is primarily rural

City of Fresno is the sixth-largest city in California

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Ethnic Composition of the Children of Fresno County - Estimated 2005

Latino - 154,13160%

White - 56,47122%

Asian - 23,0559%

African American - 16,061

6%

Multiracial - 5,6992%

Native American - 3,627 1%

Pacific Islander - 2590%

Latino - 154,131

White - 56,471

Asian - 23,055

African American - 16,061

Multiracial - 5,699

Native American - 3,627

Pacific Islander - 259

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Fresno County, California

• Forty-four percent of individuals over five years of age live in a home where a language other than English is spoken.

• Thirty-four percent of the population is under 18 years of age, compared to Twenty-Nine percent for California.

• The population is made up of slightly more females than males which is similar to gender rates in California.

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Fresno County Schools Data

• Total student enrollment – 193,734

• Migrant Education students – 26,000

• Special Ed. Students – 9%

• LEP/FEP Students – 40.3%

• 23% White; 56% Latino; 12% Asian/Pac.; 7% Black; .9% Amer. Ind.

*Source: Fresno County Office of Education 2007

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Fresno County, California

Education LevelThe following table illustrates education level of the population age 25 or over. 51% of this group has a high school diploma or less level of education. 29% have less than a high school diploma.

Fresno CountyFresno County

% of County

Population 25 yrs. and over 495,203 100

Less than 9th grade 84,812 17.1

9th to 12th grade, no diploma 56,672 11.4

High school graduate (incl.equiv) 109,516 22.1

Some college, no degree 107,638 21.7

Associate degree 39,119 7.9

Bachelor's degree 66,205 13.4

Graduate or professional degree 31,241 6.3

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Fresno Unified School District:

●76,000 Students● 4th Largest School

District in California● 82% Poverty Rate● 1,200 students in Foster

Care/Group Homes● 2,300 Homeless

Students● 112 Schools

Dept. of Children and Family Services:● County-administered public agency● Child Welfare and Children’s Mental Health Services● Over 700 employees● Family to Family Initiative● 2,300 children in out-of-home care

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Youth Law Center/Fresno Unified/Dept of Children & Family Project Highlights

• Lack of homework/class assignments completed • Repeated suspensions• Tardies/absences from classes• Negative peer relationships• Reading and math levels below grade level• Students complain that school work is too hard• Some students do not dress out or participate in physical

education class• Multiple dress code violations • Unengaged in extracurricular activities and programs

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Low Expectations…

“There is a bigotry of low expectations toward Migrant

Students, English Learners, and Foster Youth. They are not even placed in the right classes to be

successful and transition into college.”

-- Fresno County Educator

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Vision

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Data Sharing

• Establish a juvenile information sharing collaborative.• Utilized OJJDP Data Sharing Framework.• Looked at other data sharing processes in other

counties.• Attended Juvenile Info. Sharing Symposium-

Washington D.C.• Developed MOU template with School Districts.• Board of Supervisor special meeting.• Presentation to District Superintendants and receive

MOU approval.

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Fresno County Migrant Education, Region IV

Migrant Education Program is in twenty-five of the thirty-four districts in Fresno County including largest districts – Fresno Unified, Clovis Unified, and Central Unified

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Non-exhaustive List:Migrant Education Potential

Services• Tutoring• Reading programs• Summer school classes• Enrichment programs• Medical• College visits and assistance• Statewide leadership camps• Fresno State CAHSEE preparation classes

*Source: Jorge Gai, California State Consultant/Director

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Migrant Students – How Many?

• Fresno Unified 2008-2009 school year:

Nine foster youth students in the beginning of school year

Two additional students referred by child welfare social workers

Where are the students?

• Most of the migrant students are located in rural areas.

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Child Welfare Process:Trainings and Forms

FormsForms:

√ Judicial Council Form – JV 225

√ School Enrollment Forms

Migrant Education TrainingMigrant Education Training:

√ Family Reunification Supervisors – January 2009

Supervisor: “Is this a new program? I’ve never heard of this.”

√ Social Worker Cheat Sheet

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Fresno County Foster Youth Educational Services

• School site recruiters for foster youth who would qualify as migrant education students.

• Case example:

17-year-old foster youth

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School Stability

“School is their stability and when that gets affected or they get moved to another school, they sometimes lose the only stable thing that they have in their lives at that moment.”

- School Administrator

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Resources

• The Brookings Institute (2005), A special Analysis in Nationwide Metropolitan Policy www.brookings.edu/metro

• US Census Bureau, 2005 http://factfinder.census.gov• The Center for the Future of Teaching and Learning and

Mental Health Advocacy Services, Inc. (2008) Ready to Succeed Changing Systems to Give California’s Foster Children the Opportunities They Deserve to be Ready for and Succeed in School www.cftl.org

• Fresno Unified School District• Fresno County Office of Education, Foster Youth

Educational Services• Picture Postcards: www.FosterCareAlumni.org

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CDE Website

• English Learners – General - http://www.cde.ca.gov/sp/el/& http://www.cde.ca.gov/sp/el/er/

• English Learners in California Frequently Asked Questions http://www.cde.ca.gov/sp/el/er/documents/elfaq.doc

• Migrant Education http://www.cde.ca.gov/sp/me/mt/

• DATAQUEST http://data1.cde.ca.gov/dataquest/

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Contact Information

Deborah EscobedoStaff Attorney Youth Law Center200 Pine Street, Suite 300San Francisco, CA 94104(415) 543-3379 x3907(415) 956-9022 - FAXdescobedo@ylc.org\

Lauri Burnham Massey Director of Legislative Affairslauri@comcast.net California Association for Bilingual Educationhttp://www.bilingualeducation.org/

Kaye Fredrickson MSW, Educational LiaisonDepartment of Children and Family Services2011 Fresno Street, Suite 301Fresno, CA 93721(559) 453-5077 fredrl@co.fresno.ca.us