Module 3: META Consent Decree and Classroom Implications
Florida has been on the front line of legislation that has impacted education of ELLs. In August of 1990, a judge of the United States District Court, Southern District of Florida, signed a Consent Decree giving the court power to enforce an agreement between the Florida State Board of Education and a coalition of eight groups represented by Multicultural Education, Training and Advocacy, Inc. (META). The Consent Decree addresses first and foremost, the right of English language learners to equal access to all educational programs. It also serves to comply with federal and state laws regarding the education of English language learners.
The Consent Decree settlement terms center on six areas:
- Identification and Assessment
- Equal Access to Appropriate Programming
- Equal Access to Appropriate Categorical and Other Programs
- Personnel
- Monitoring
- Outcome Measures
The following is a synopsis of the six areas in the META Consent Decree.
I. Identification and Assessment
- All students classified as English language learners (ELLs) must be identified in a timely manner in order to provide these students with appropriate services. In the interim, the student shall receive ESOL services until the initial assessment is complete.
- If there is a question about whether a student qualifies as an ELL, an ELL committee meeting must be convened. The preference of the parent(s) will be considered in the final determination.
- Schools must have a system in place to properly assess the student’s prior education in order to develop an appropriate instructional program for the student. Special care should be exercised to ensure that a student’s limited English proficiency is not a factor in determining the student’s level of knowledge/skills in the basic subject areas.
- Each ELL will receive appropriate ESOL services and funding until the student is reclassified as English proficient.
- Lack of ESOL funding does not relieve schools of their legal obligation to provide appropriate services to ELLs beyond the six years of state ESOL program funding.
II. Equal Access to Appropriate Programming
- ELLs are entitled to equal access to programming in accordance with their levels of English proficiency, academic and special needs.
- ELLs shall be given access to intensive English instruction and instruction in the basic subject areas. This instruction shall be comprehensible, equal, and comparable in scope, sequence and quality to that provided to non-ELLs in the same grade level.
- Textbooks and other instructional materials used with ELLs must be the same as those used with non-ELLs in the same grade level.
III. Equal Access to Appropriate Categorical and Other Programs
ELLs are entitled to equal access to programs such as compensatory, exceptional, early childhood, vocational, dropout prevention, supportive services, and adult education, regardless of their English proficiency or immigration status.
IV. Personnel
All teachers responsible for the instruction of ELLs must register for required ESOL training. Requirements for training are dependent upon a teacher’s subject area certification.
V. Monitoring Issues
The Florida Department of Education will monitor school districts for compliance with the programmatic requirements for ELLs. Monitoring shall determine compliance in the following areas:
- Identification and assessment of ELLs
- Instruction of ELLs
- Employment of qualified personnel
- Parental involvement
VI. Outcome Measures
The Florida Department of Education will have a system in place to evaluate and address equal access and program efficacy in regard to ELLs.
Later, the Stipulated Agreement amended the Consent Decree to provide alternative methods for certified teachers to obtain ESOL coverage and require all administrators and guidance counselors to complete 60 hours of in-service training or continuing education in ESOL-approved courses within 3 years from September 10, 2003. Administrators and guidance counselors hired after September 10, 2003, have 3 years from the date of hire to meet the 60-hour requirement.
