English as a Second Language

What Schools must do

English Language Learners (that is, children whose native language is not English) have special rights in Pennsylvania public schools. This fact sheet tells what schools must do for these students.

These rules apply even if the student is the only English Language Learner in the school. Also, they apply to charter schools as well as to traditional public schools.

Under federal and state law, the school must:

  • ENROLL the child using the same procedure that it uses for other students. Schools cannot require
  • COMPLETE a “home language survey” to determine the child’s native language, other language(s) that s/he may use, and the language(s) spoken at home.
  • TEST the child to determine his or her ability level in the native language and English.
  • INFORM parents if the child has been found to need a program for English Language Learners, and provide a description of the teaching methods used in the program.
  • PROVIDE ESL (English-as-a-Second-Language) instruction, if the child needs it. The Pennsylvania Department of Education recommends 2 to 3 hours of ESL per day for a child who speaks no English; 2 hours for a beginner; 1 to 1-½ hours for a student at the intermediate level; and 1 hour for an advanced student. ESL must be provided by a person with appropriate training.
  • ADJUST the student’s other classes to make sure that s/he can understand what is being taught. The school may provide bilingual instruction, or instruction in English with modifications and/or extra help to meet the child’s needs.
  • EVALUATE the child’s progress on an ongoing basis, and adjust the program as needed.
  • MAKE “accommodations,” as needed, when administering standardized tests to the child. (An example of an accommodation is providing directions in the child’s native language.)
  • COMMUNICATE with parents in their native language. Schools must provide translation and interpreter services to parents who need them.
  • EVALUATE students, when appropriate, for special education - but only if it has been determined that a student’s difficulties in school are not due to English-language problems.
  • ALLOW students to participate in special programs such as vocational education and gifted education, as well as extra-curricular activities. If the student needs extra support because of a language barrier, this support must be provided.
  • BE INFORMED about, and respectful of, the child’s background and culture, and make sure that the child and family do not face discrimination.

The Department of Education has issued a “Basic Education Circular” that gives more information about many of these requirements. You can get a copy from the Department’s website at http://www.pde.state.pa.us/k12/cwp/view.asp?A=11&Q=45272,

Adapted from the Education Law Center 2007