POLICIES AND REGULATIONS - TEAM 1

Policies and Regulations in ESL Instruction and Programs

by Alison Becerra, Lisa Marie Daugherty, and Nhan Tran
University of Houston - Clear Lake

Authors Notes
This Case Study was prepared as a collaborative assignment about policies and
regulations for the course Trends and Issues in Instructional Design and Technology
Prof. Dr. Crawford. For questions regarding this document you may contact Nancy Tran
at [email protected] , L.M. Daugherty at [email protected], or Alison Becerra
at [email protected] .

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Policies and Regulations in ESL Instructional Programs

In a Forbes article, Every Child Deserves a Quality Education, Desmond Tutu states,
"All children everywhere deserve a quality education which is one of their fundamental human
rights. The ability to read and write; laying a foundation for a future without poverty , hunger or
disease. Our future and the success of future generations depend on this. (Forbes, n.d.) He is a
Nobel Peace Laureate an advocate for disadvantaged students and promoting and advancing
education globally. This applies to all students regardless of economic status, race or ethnicity, or
family background. etc. Although this seems like an obvious and irrefutable point, there are
specific populations that still struggle with equal access to the best instructional strategies,
technologies and resources available to meet their special needs in all schools and all districts.
Therefore, policies and regulations must be established and put in place to determine and
guarantee these very rights of all to a quality education.
Policies and Regulations are critical steps within the field of Instructional Technology
that cannot be denied. They are the bookends and frame in which the new and innovative
instructional technologies exist. These virtual bookends of Policies and Procedures (P&P), along
with the Regulations that are developed, are the rules that govern the proper use, supervision, and
equitable dissemination of these instructional and literal technologies. Although they can seem
stuffy and cumbersome as they are introduced and applied, they are the essential and culminating
stage of the process to ensure effective and ethical implementation of the tools. They are meant
to protect the overriding organization (school or business), the distributor of services (the
instructor) and the user or recipient (the student or employee). They are even meant to protect the

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invisible participant (the academic, personal, or creative ideas and materials that are properties of
the original person or company), the protection through fair use and legal copyright laws.
In this study of education in an ESL setting and community, examples of policies and
regulations stages of innovative technologies will be highlighted, as a means of addressing the
needs of learning communities, namely this community of ESL learners, and determining the
factors that impact how schools monitor and regulate instructional use of technology.
Defining Policies and Regulations in Instruction
In the field of instructional technology, policies and regulations are the rules and actions
of society (or its surrogates) that affect the diffusion and use of Instructional Technology (Seels
& Richey, 1994, p. 47). From this definition, we can see that policies and regulations are acting
like a guiding set, leading the instructional strategies or technology application in an educational
institution, community or society. For example, according to the NMC Horizon Report K-12, in
order to deal with many changes in teaching and learning methods due to technology, such as a
shift to deeper learning approaches, Next Generation Science Standards was developed by US
Education policy, that sets out to promote a dual focus on academic learning and real-world
application, opening the door for increased experimentation with deeper learning; likewise,
many schools have revised their technology related policies to make it more inclusive of student
voice (NMC, 2015).
ESL Programs In Schools. English as a Second Language (ESL) or English Language
Learners (ELL) is a person whose primary language is not English. English is the persons
second language. The main purpose of the program is to improve English proficiency for nonnative speakers. ESL students can be classified as anyone, who speaks a different language rather
than English. For instance, someone, whose native language is Chinese, Arabic, or Spanish, will

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study English as a second language when they he or she comes to the United States for studying,
working, or immigrating. There are many purposes for studying English, the primary focus of
ESL is really for learners to become more fluent in English. At some schools, they hold ESL
classes to teach parents who want to learn English. The program teaches different language skills
like Grammar, Writing, Speaking, and Reading. They also have different levels, which are
suitable for students abilities. ESL classes are usually in small size, so teachers can focus more
on students and in verse, students also have more chance to interact with or receive more
individual attention from teachers. This creates a bond between teacher and student. If the
teacher and student do not have a bond, there is less chance the student will learn the material.
Its important to learn the students interests and what they like, in order to incorporate those into
the lesson.
Background of School Setting for this Case Study
This case study focuses on a small rural school in Texas ranging in grades K-11. Within
this school, they have a population of approximately 195 students, of which 25-30 percent are
ESL. The school area is categorized by the state as Region 4. Alison Becerra works with both
students with Special Needs, and ESL students and parents. She teaches English to parents along
with basic computer skills. This is optional for the parents and is paid by the school district. As
for the ESL students, they have small group pull outs that the aide works with individually, to
enhance their English Language. If the students are younger, the chances of learning the
language are better and the student will absorb the material more readily.
Policies Impacting ESL Programs. There are many policies that effecting ESL program.
However, according to Intercultural Development Research Association, those enacted by
Congress, the state legislatures and the courts have the most impact in this program. Chapter 89

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of the Texas Administrative Code (19 TAC), Subchapter BB Commissioner's Rules and Related
Rules of the State Board of Education (SBOE) are some example of the law that are state plans
for educating limited-English-proficient (LEP) students. Those policies have influence on what
is taught, how it is taught, how personnel are trained and licensed, how students are tested, what
classroom materials are used, and how schools affect the prosperity of the state and country
English Language Learners and Special Education. There are some students that are
both ELL students, but also special education students. Special Education programs are
designed for those students who are mentally, physically, socially and/or emotionally delayed.
This aspect of delay, broadly categorized as a developmental delay, signify an aspect of the
child's overall development (physical, cognitive, scholastic skills) which place them behind their
peers (What is Special Education?, 2016). In order for a teacher to recommend for the student to
be tested is a long process. However, if a parent is very concerned, a parent can request for their
student to be tested and must be completed by a certain date. A psychologist is the one to
determine if a child qualifies for special education. There are different types of tests that are
performed by the psychologist. When a psychologist tests a student, the process is time
consuming. If a student does qualify a special education student, there will be special education
meetings called ARD Meetings. The acronym for ARD stands for Admission, Review, and
Dismissal. ARD Meetings talk about in the best interest of the students education. In the ARD
Meetings, IEP (Individualization Education Program) are developed beforehand and these are
presented in the ARD. The IEP is meant to address each childs unique learning issues and
include specific educational goals. It is a legally binding document. The school must provide
everything it promises in the IEP (Understanding Individualized Education Programs, 2014).
The Individuals with Disabilities Education Act (IDEA) states that its a requirement that all

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special education students receiving these types of services must have an IEP development,
which is brought into the ARD Meeting. The people that need to be in the ARD meeting are:
parent(s) or legal guardian(s), student when its appropriate, at least one general education
teacher if the child is in a regular classroom, at least one special education teacher, special
education provider, representative knowledgeable about the availability of resources within the
local district, an individual who can interpret the instructional implications of evaluations, and
other individuals who have knowledge or special expertise regarding the student, including
related services personnel may be involved at the parent or schools request. In the ARD
Meeting, they will discussed the students goals, accommodation or modification if the student
needs any, any other information on how to help these student be successful in the class, and
view documentation.
At Alisons School, there are a bunch of English Language Learners that are both special
education and ELL (English Language Learners) also called ESL (English as a Second
Language) and the teacher develops the IEPs. Only a certified special education teacher can
develop an IEP on a program called ESPED. ESPED is an online website that has confidential
information that was discussed in the ARD. This basically paperwork on an online site that
certain people can edit and change. On the other hand, the special education teacher sends out
teacher input forms to bring to the ARD, so that the parent and ARD committee is aware of how
their child is doing in the classroom. If a special education student fails a class, a teacher must
fill out a failure analysis form and specifically state why the student failed. Also state if the
accommodations and modifications were used properly. People in the ARD Meetings must be
well prepared and know what they are going to state in the meeting. Its important that the
material being presented in the meeting is accurate and useful. In addition, it is always stated to

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always document as much as possible. In special education, one must document correctly.
Besides helping students one-on-one, in resource math, Alison is in charge of TLC which is
known as The Learning Center. Alison must document the required material for that particular
student. Alison documents what time they come to her and what time the student leave back to
the general education classroom. She also make notes in the TLC room on what accommodations
and modifications were used. Its important to document as much as possible because if a parent
is upset it can turn into a court issue. The special educator teacher must follow general education
and special education policies and regulations on top of the ESL policies and regulations.
The Problems Associated with ESL Programs Specific to Policies & Regulations
There are specific issues related to the ESL and ELL learners that can present problems
for any school of district. One of those issues is the fact that these students are often At-Risk in
terms of failure and dropping out of the education system if they do not feel successful. Another
crucial issue and problem that directly relates to ESL and ELL learners, is the need to provide
safety and protection of their privacy with regards to their educational records and family
background information. Both of these issues require policies and regulations to be in place to
guarantee these issues are being addressed.
ESL and ELL as an At Risk Population. One of the main purposes of school systems to
address the needs of non-English speaking students within the school system, is to develop
specific programs to enable successful education of this special population. According to the
government guidelines regulating ESL programs, second language learners are at risk in many
areas of concern in education. As stated in U.S. Department of Education site on Limited-English
Proficient students,

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Limited-English proficient students (also sometimes referred to as Englishlanguage learners) may suffer repeated failure in the classroom, falling behind in grade,
and dropping out of school if they are not provided services to overcome language
barriers. Students who are not proficient in English and sometimes inappropriately placed
in special education classes. Also, because of their lack of English proficiency, qualified
students often do not have access to high track courses or Gifted and Talented programs.
(OCR, 2015)

This is stated and reinforced by the Office of Civil Rights (OCR), through the Department of
Education. Thus, efforts must be made to ensure services are adequately provided. Also, it is
essential that ESL/ELL students have access to the same level of instruction, tools, and
instructional resources. This would include technologies that are available to English speaking
students. Policies and regulations must be implemented to protect the rights of this population.
Sometimes, when students are served outside the regular classroom in special services, they do
not always have access to the same teaching resources.

Protection of Privacy is Critical in ESL. One of the specific and important reasons for
different organizations (Educational, Business Industry, Medical Education) to develop and use P
& P and regulations associated with instructional technology materials is because of the nature of
personal information and data that may be contained within the instructional or organizational
use. These personal records, including personal family and demographic stats can be so easily
disseminated over a wide range of public networks. This may likely cause a breach in personal
rights and privacy that must be protected. There are laws that protect both the student and
families in this case. The Family Educational Rights and Privacy Act (FERPA) is a Federal law
designed to protect the privacy of a students education records. The law applies to all schools

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which receive funds under an applicable program of the U.S. Department of Education.
(FERPA, n.d.)
Privacy related to the students family and history is beyond critical in ESL, due to the
fact that the educational system is not allowed to deny a student education, regardless of race,
family history, immigration status, etc. So, with ESL students it is so important to ensure the
safety of this information so it does not fall into the wrong hands.
Alternatives and Solutions
Having established that policies and regulations are a vital part of the process to ensure
instructional programs and strategies are implemented, maintained, and monitored for all
students, it is important to provide some alternative and guidelines to schools to help ease the
pain of this process. The suggestions are outlined here. First, it is vital to train all staff on ESL
Laws, Programs, and Strategies & Regulations. Next, ensure these policies and regulations are in
place for ESL, including equal access to all the same instructional technologies as Regular Ed
students and classrooms. Third, it is necessary to monitor to ensure privacy in all email/
electronic communication regarding Educational and Family Records as outlined in FERPA. In
order to meet the very special needs, target specific instructional strategies and technologies
proven to work with this particular population. Finally, identify students that are ESL and SPED
and use enhanced technology strategies for their unique situation. In addition, it would be helpful
to have a more open policies to encourage teachers in searching and applying new technologies
into classroom, in order to help students accessing to new method and study more effectively.
All in all, policies and regulations will be the protection to guarantee that all students receive that
quality education that they all deserve.

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References
Forbes, Every Child Deserves a Quality Education, (n.d.). Retrieved April, 2016, from
http://www.forbes.com/sites/skollworldforum/2013/09/25/every-child-deserves-a-qualityeducation/#945dd5a6ef44
Association for Educational Communications and Technology. (n.d.). Retrieved April 10, 2016,
from http://www.aect.org/standards/initstand.html
FAQS on Limited-English Proficient Students -- Office for Civil Rights. (n.d.). Retrieved April
24, 2016, from http://www2.ed.gov/about/offices/list/ocr/qa-ell.html
Family Educational Rights and Privacy Act (FERPA). (n.d.). Retrieved April 24, 2016, from
http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
IXL. (n.d.). Retrieved April 10, 2016, from https://www.ixl.com/company/ixl
Seels, B., & Richey, R. (1994). Instructional technology: The definition and domains of the field.
Washington, D.C.: Association for Educational Communications and Technology.
Understanding Individualized Education Programs. (2014). Retrieved April 18, 2016, from
https://www.understood.org/en/school-learning/special-services/ieps/understandingindividualized-education-programs
Variables in the Setting and the Innovation Itself. (n.d.). Retrieved April 10, 2016, from
http://www.usouthal.edu/coe/bset/surry/papers/adoption/chap.htm
What is Special Education? (2016). Retrieved April 18, 2016, from http://teach.com/what-isspecial-education

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Why Instructional System Design and ADDIE? (n.d.). Retrieved April 10, 2016, from
http://www.nwlink.com/~donclark/hrd/sat1.html