In Context: English Language Learners and No Child Left Behind

The federal legislation for Title III (Language Instruction for Limited English Proficient and Immigrant Students) of the No Child Left Behind Act (U.S. Department of Education, 2001) is both a continuation and an alteration of previous federal policies designed to meet the needs of diverse learners in the U.S. public school system. There are several key differences between the new legislation and the previous Improving America’s Schools Act of 1994, some of which have significant implications for the mainstream classroom teacher. These changes include:

• Title VII under IASA is now Title III in the No Child Left Behind Act.
• The bilingual education program and the immigrant education program were consolidated into a single, formula-driven, state grant program. All funds are awarded at the state level.
• All ELL students must be tested at least once a year using an English proficiency test.
• ELL students who have been in U.S. schools for three consecutive years must be tested in reading/language arts using a test written in English, although students who meet certain criteria may receive a waiver for up to two more years.
• ELL students must meet specific annual targets of Adequate Yearly Progress (AYP). Local Education Agencies (LEAs) and State Education Agencies (SEAs) will be held accountable for ensuring that ELL students meet these targets.
• SEAs must submit an education plan to the U.S. Department of Education containing a list of requirements for serving ELL students. The plan must be approved to receive Title III funding.
• LEAs must then submit a similar education plan to the SEAs. This plan must be approved to receive funding.