Q: Can an English Language Learner be retained?
A: ELL students must not be retained in grade level because of their language skills. (Tennessee English as a Second Language Program Guide)
Lack of ability to read and write in English cannot be the basis for an F. It is against the law to fail a student because he/she is not proficient in English.(Office of Civil Rights OCR)
However if the regular education teacher AND the ESL teacher feel that a student has failed due to circumstances other than English (attendance or refusal to do modified at his/her level assignments), a student can receive a failing grade. (OCR)
If both the teacher and ESL teacher believe that retention is in the best interest of the child, the following steps must be completed:
- Parents will be notified when problems are identified and shall be informed periodically of remedial efforts and given progress reports. (Jefferson County School Board Policy 4.603)
- Documentation of all accommodations/modifications must be made available to assure that the student has had full access to the curriculum content within the context of his/her limited English. (OCR)
- Parents shall be informed in writing and shall be requested to participate in a conference at least nine (9) weeks before the end of the school year. (JCS Board Policy 4.603)
- Notification and information must be provided to parents in an “understandable and uniform format, and to the extent practicable, provided in a language that the parents can understand.” (No Child Left Behind Act, 2001).