Schools’ Civil Rights Obligations to English Learner Students and Limited English Proficient Parents (2015)

Utilizing Response to Intervention and/or Multi-Tiered Systems of Support

Teams that follow Response to Intervention (RTI) and/or Multi-Tiered Systems of Support (MTSS) frameworks are appropriate vehicles for monitoring FELS.  Such teams should be involved in making sure that FELs receive equitable access to effective language and academic instruction across school programs. The RTI or MTSS team generally has three levels or tiers with established guidelines for determining students’ needs. Each level identifies the frequency and duration of student interventions and set decision-points for the changes needed in the levels or tiers of intervention.

Tier 1 instruction of the RTI process is generally defined as instruction provided to every student. Tier 1 includes the services schools provide for all FEL students who are in the two-year monitoring period. As part of Tier 1 supports, the school team determines the extent to which the FEL student has received opportunities to access and participate in the school’s instructional programs; that is, how teachers are informed of their students who are recently reclassified as FELS, the professional development provided to staff, and the use of data to make decisions that address FEL students’ progress.

Tier 1 academic and behavioral supports indicate how and when the team determines that a FEL student needs additional assistance to participate in the district’s educational programs. Questions include: to what extent the Language Usage Survey has been completed and reviewed by the team? To what extent is family engagement occurring? Is communication provided in language that is understandable? Has standards-based grade-level instruction been provided? Have culturally responsive interventions been considered and implemented? Tier 1 includes effective instruction for current and former ELs.

Tier 2 interventions are provided only to students who demonstrate problems based on screening measures or inadequate progress from regular classroom instruction. In addition to general classroom instruction, Tier 2 students receive supplemental, small group instruction. In accordance with Title VI and ESSA requirements, compliance school teams must have sufficient resources to assure that interventions are provided with fidelity and by individuals who are qualified to instruct English learners.

Former English learners who are not making progress in the general education curriculum should be administered a valid English language proficiency (ELP) assessment that yields detailed information related to the areas of listening, speaking, reading and writing. That ELP assessment administered as part of Tier 2 interventions should be an assessment with diagnostic purposes.  The Ohio English Language Proficiency Screener (OELPS) may be used to satisfy the federal requirement, however, because the OELPS was developed to identify English learners initially during the school registration process, additional evidence should be gathered regarding the student's use of English language in the classroom. Examples of English Language Proficiency assessments that are allowed for the purposes of intervention and program planning are found in Appendix C of the Guidelines for Identifying English Learners.

Tier 3 interventions are provided for students that are not academically progressing after a reasonable amount of time with the Tier 2 interventions. Tier 3 interventions are more intensive support in terms of both time and frequency. Tier 3 (or, in districts with more than three tiers, tiers 3 and above) usually entails one-on-one tutoring with a mix of instructional interventions. When moving to Tier 3, assessment of the FEL student’s language proficiency is conducted, including skills in the first or home language(s), as possible. Ongoing analysis of student performance data is critical in determining the successful intervention practices for individual students.

https://www.onslow.k12.nc.us/cms/lib/NC02213593/Centricity/Domain/155/MTSS.jpg