Lau Plan

RSU 21 Program for Multilingual Learners

Section 1. Legal Foundation for Providing Effective Educational Services to Multilingual Learners*

*In Maine, students with a primary/home language other than English who are not yet proficient in English are referred to as multilingual learners. The US Department of Education refers to such students as English learners. 

It is the policy of RSU 21 to provide effective language and content acquisition programming to students who are identified as multilingual learners. According to the following federal legislation and Supreme Court decisions, we are aware that we must provide equitable access to education for all students, including students who are identified as multilingual learners:

Federal Legislation and Supreme Court Cases  - Federal legislation that provide the basis for this plan are provided as links throughout this document. This includes the Supreme court decision Lau vs. Nichols (1974), which ruled that providing the same access to curriculum, instruction, and materials for multilingual learners as is provided to English dominant students is not in effect equitable: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0414_0563_ZS.html. 
 

Section 2: Multilingual Learner Identification

The chart below provides details about the implementation of the Lau Plan in the RSU 21 schools and identifies the RSU 21 roles responsible for supporting the components.

Legal Basis: Section 3111, Elementary and Secondary Education Act of 1965

Action Required by Federal Law and/or State Policy	In specific detail, when and how is this action accomplished in the RSU Include the job title of the person responsible for ensuring that each action is completed.
Administration of the Maine DOE Language Use Survey	The Language Use Survey is included with every registration packet given to all parents/guardians when they register a student for school in RSU 21. RSU 21 is responsible for ensuring that registration packets include the most recent version of the Language Use Survey.
Translation/Interpretation Services Provided to Parents/Guardians	Translations of the Language Use Survey (provided by Maine DOE in 26 languages) are provided to parents/guardians as needed. Any parent/guardian that requires interpreting services is provided a qualified interpreter to complete registration materials, including the Language Use Survey.  School staff will have access to a phone interpreting service when in-person interpreters are not readily available. Front office staff are responsible for ensuring that parents/guardians are provided the necessary translation/interpretation.
Referral of all Potential Multilingual Learners for Screening	If a Language Use Survey indicates that the student has a primary/home language other than English, then the registrar will immediately contact the ESOL teacher and building administrator in writing.
Administration of English Language Proficiency Screener	Following the enrollment of the student the ESOL teacher will contact the parent/guardian to schedule the screening. If the student enrolls prior to the start of the school year, the ESOL teacher will schedule screening at the start of the school year. If the student enrolls after the start of the school year, the ESOL teacher will contact the parent/guardian to notify them when the screening will occur. The screener will be administered by the ESOL teacher.
Language Acquisition Committee Meeting to Develop Program of Services for Identified Multilingual Learners*	The ESOL teacher will notify members of the Language Acquisition Committee (LAC) and the parents/guardians of the meeting. The LAC meeting will be facilitated by the ESOL teacher. All committee members will have the opportunity to provide input. Translation and interpretation services are provided by qualified professionals as needed.

* Students who are multilingual learners must be identified within 30 days of enrollment during the calendar year. 

English Language Proficiency Screening Assessment Requirements
Grade	Screening Assessment	Minimum Score Required to be Non-EL
Pre-k	preLAS	77
1st semester K	WIDA Screener for Kindergarten	Oral Language Level 4.5
2nd semester K/1st semester 1st grade	WIDA Screener for Kindergarten	Overall Composite Proficiency Level 4.5
2nd semester 1st grade-12th grade	WIDA Screener Online	Overall Composite Proficiency Level 4.5

 

Section III: Development of Individualized Language Acquisition Programs (ILAP)

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)

Appropriate placement and programming are determined by the Language Acquisition Committee (LAC) in the development of an Individualized Language Acquisition Plan (ILAP). Many factors are considered in designing a student’s program of supports, including but not limited to:

• Proficiency level

• Age/grade

• Parent/guardian and student preferences

• Previous educational experience

• Academic strengths

Support Structures Available for Students who are Multilingual Learners

Regular classroom instruction with modifications and ESOL strategies incorporated

Collaborative co-planning between ESOL teacher and general education teacher

In-class and/or pull-out supports with the ESOL teacher

Supplemental in-class and/or pull-out supports through an Ed Tech

 

ACCESS for ELLs Proficiency Level	Recommended English Language Development Services (ELD)	Recommended time for ELD Services  (Provided by a certified ESOL teacher)
Level 1 - Beginning Level 2 - Entering	Intensive ELD Support	Minimum of 2 class periods/day
Level 3 - Developing	Cognitive Academic Language Support	Minimum of 1 class period/day
Level 4-4.5 - Expanding	Cognitive Academic Language Support	Minimum of 1 class period/day

 

If a parent/guardian declines services for their student(s), academic and family support is still provided through consultation with classroom teachers and interpreter/translation services as needed. Students whose parents/guardians have declined services will still be required to participate in the annual assessment of English language proficiency, ACCESS for ELLs/Alternate ACCESS. ESOL teachers will maintain a file on each student with copies of all relevant documents (state and local assessment scores, Language Acquisition Committee meeting minutes, ILAPs, progress reports) in their cumulative files. 

 

Section IV: Meaningful and Equitable Access to Academic and Extracurricular Programs 

Legal Basis: 34 C.F.R. § 100.1-.2; 20 U.S.C. § 1703(f) 

Multilingual learners are entitled to equitable access to all academic and extracurricular programs that their schools offer, such as college preparatory classes, Advanced Placement, dual enrollment, Gifted and Talented, Career and Technical Education, athletics, academic/career counseling, performing and visual arts, clubs, honor societies, and others.

Students have equal access to academic and extracurricular activities, including summer programming. Language proficiency levels will not determine a student’s eligibility for such programming and activities.  Information about these programs is provided through individual school communication from teachers, district leadership, and other staff and community members. All communications will be provided in a language that is understandable to each family, in written and/or oral formats. 

 

Section V: Equitable Personnel, Facilities, and Materials

Legal Basis: Title VI of the Civil Rights Act of 1964; 20 U.S.C. § 6826(c); Castañeda, 648 F.2d at 1013 

Multilingual learners must be provided with sufficient, qualified teaching staff to meet their language learning and academic content acquisition needs, as well as facilities and materials of comparable quality to those of their peers. 

ESOL services are provided through qualified ESOL teachers, who are certified through the State of Maine 660 ESOL endorsement. Staffing is adjusted according to need and number of students on teacher caseloads. ESOL teachers are available to consult with mainstream teachers and may also provide professional development to staff when possible. ESOL teachers maintain a classroom/office space in each building where multilingual learners attend. An ESOL program budget line is used to provide multilingual learners with equitable educational materials, comparable to those of their non-multilingual learner peers. Multilingual learners have full access to all educational opportunities and materials provided by RSU 21.

 

Section VI: Annual English Language Proficiency Test Administration 

Legal Basis: 20 U.S.C. §§ 6311(b)(7) (Title I), 6823(b)(3)(C), (D) (Title III) 

All identified multilingual learners will be administered ACCESS for ELLs/Alternate ACCESS annually according to federal and State of Maine Department of Education policy. 

Section VII: Exit and Monitoring 

Legal Basis: 20 U.S.C. §§ 6311(b)(7) (Title I), 6823(b)(3)(C), (D) (Title III) 

When a multilingual learner meets Maine’s definition of English language proficiency on ACCESS for ELLs/Alternate ACCESS (currently an overall composite proficiency level of 4.5 or level P2 on Alternate ACCESS), the student is exited from multilingual learner status. Note that no other criteria may substitute for a proficient score on ACCESS for ELLs/Alternate ACCESS. 

RSU 21 monitors the academic performance of all exited multilingual learners for at least two years to ensure that ESOL services are no longer needed. If a student’s academic performance and progress is demonstrating that the student is no longer proficient in English, we will collect information from the student, parent, and staff to determine if there is another reason for a decline in performance (health, attendance, etc.) and make a plan of interventions before rescreening with the WIDA Screener Online. When rescreening is needed, a student who scores below an overall composite proficiency score of 4.5 must be reentered into multilingual learner status, provided ESOL services, and administered ACCESS for ELLs/Alternate ACCESS annually until exiting again. 

Section VIII: Ongoing Program Evaluation 

Legal Basis: Castañeda, 648 F.2d at 1014-15 

RSU 21 strives to provide an equitable and high-quality educational program for all multilingual learners. The effectiveness of ESOL teachers is assessed annually through the district-wide process of teacher evaluation. Longitudinal data collection and analysis methods are provided as needed via the Comprehensive Needs Assessment to ensure that long-term outcomes are comparable to those of students who were never multilingual learners. The following multilingual learner data will be reviewed by the Director of Special Services and the Assistant Director of Special Services annually, and program modifications will be made as necessary:

• State and local academic assessment scores

• Graduation rate

• Multilingual learner status exit rate

• Participation in advanced coursework (college prep, AP)

 

Section IX: Meaningful Communication with Parents/Guardians 

Legal Basis: Title VI of the Civil Rights Act of 1964; Titles I and III of the Elementary and Secondary Education Act of 1965 

RSU 21 ensures meaningful communication with parents/guardians in a language they can understand. Multilingual parents/guardians are notified about any program, service, or activity of the school district or individual schools. Per the ​Dear Colleague Letter​, under civil rights law schools must identify the interpretation/translation needs of all parents/guardians. RSU 21 does this through the intake process in the form of a question on registration paperwork. 

The essential information provided to parents/guardians includes but is not limited to information regarding: 

• language assistance programs

• special education and related services

• IEP meetings

• grievance procedures

• notices of nondiscrimination

• student discipline policies and procedures

• registration and enrollment

• report cards

• requests for parent/guardian permission for student participation in district or school activities

• parent/guardian-teacher conferences

• parent/guardian handbook

• gifted and talented programs

• health and wellness information provided by the district

• any other school and program choice options. 

School building administrators provide  support to office staff, teachers, school- based health care providers, and any other school- based staff on how to access interpreters and translation services for families.  
 

Legal Reference: 42 U.S.C. § 2000d (Title VI, Civil Rights Act of 1964)

20 U.S.C. § 6801 et seq.

Me. Dept. of Educ. Rule Ch. 127.02

Cross-Reference: IHBEA- Program for English Language Learners

Schools' Civil Rights Obligations for English Learners and Limited English Proficient Parents 

https://www2.ed.gov/about/offices/list/ocr/ellresources.html

Information for Limited English Proficient (LEP) Parents and Guardians and for Schools and School Districts that Communicate with Them 

https://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-lep-parents-201501.pdf

LUS Decision Tree  https://www.maine.gov/doe/sites/maine.gov.doe/files/inline-files/LUS%20Decision%20Tree%20revised%206-13-23.pdf

Registering and Enrolling New students from Multilingual Families

https://www.maine.gov/doe/sites/maine.gov.doe/files/inline-files/Info%20Sheet%20Registering%20and%20Enrolling%20New%20Students%20from%20Multilingual%20Families%20Final.pdf
 

Approved:  10/2021

Revised: 3/2024