IHBE - Language Access Policy
Date Adopted: 6 December 2023
Current Review / Revision: 9 April 2025
Purpose
The Emery School District (ESD) adopts this Language Access Policy to ensure access to agency services, programs, and activities for individuals with limited English proficiency, as mandated by HB302. This policy aims to promote effective communication and inclusivity within the district.
Definitions:
Primary Language: The first language spoken by a student and their parent or guardian.
Interpretation: Simultaneous communication between a speaker of English and a speaker of another language.
Translation: The written communication wherein the written words of one person are communicated to others in writing in a different language.
Language Access Plan:
ESD will designate a Language Access Coordinator responsible for implementing and updating this plan annually, including relevant training.
ESD will notify school personnel of this language access plan, informing them of the rights of parents and students to language assistance services and the proper procedures to access these services.
Within 30 days of a student's enrollment, schools will determine the primary language spoken by the student and their parent or guardian, assessing the need for language assistance.
Schools will maintain an appropriate and current record of the primary language of each parent.
Obligation to Provide Language Assistance Service:
ESD and school offices will provide translation and interpretation services to students and parents requiring language assistance for effective communication.
Schools may provide translation and interpretation services beyond the outlined regulations.
Interpretation Services:
ESD will provide interpretation services during regular business hours for parents and students requiring communication about critical information regarding their child's education.
Depending on availability, interpretation services may be provided at the location or virtually.
Interpretation will be provided for various activities, including classroom activities, office visits, enrollment processes, IEP meetings, and more.
Interpreters and translators will be certified, with education-specific experience for various activities.
Translation will be provided for various materials, including registration documents, assignments, report cards, and other critical communications.
Centrally Produced Critical Communications:
ESD will identify critical documents distributed to guardians regarding their child's education.
ESD will procure timely translations of critical communications in covered languages and work with responsible offices to make translations available to schools.
Schools will provide parents with translations of documents containing individual, student-specific information.
This Language Access Policy is designed to ensure that language barriers do not hinder effective communication and access to educational resources for all members of the Emery School District community.
Special Programs:
Alternative Language Program
Definitions—
“Alternative language services program” or “ALS program” means an evidence-based language instruction educational program used to achieve English proficiency and academic progress of identified students.
“Alternative language services” or “ALS” means language services designed to meet the education needs of all students learning English so that students are able to participate effectively in the regular instruction program.
“Evidence-based language instruction education program” means evidence-based methods, recommended by the State Superintendent, that meet the “Non-regulatory Guidance: Using Evidence to Strengthen Education Investments” developed by the U.S. Department of Education.
“Language instruction educational program” means an instructional course:
1. in which the student learning English is placed for the purpose of developing and attaining English proficiency, while meeting challenging state academic standards;
2. that may make instructional use of both English and a child’s native language to enable the child to attain and develop English proficiency; and
3. that may include the participation of English proficient children if the course is designed to enable all children to become proficient in English and a second language.
“Student learning English” means an individual who:
1. has sufficient difficulty speaking, reading, writing, or understanding the English language, and whose difficulties may deny the individual the opportunity to:
a. learn successfully in classrooms where the language of instruction is English; or
b. participate fully in society;
2. was not born in the United States or whose native language is a language other than English and who comes from an environment where a language other than English is dominant; or
3. is an American Indian or Alaskan native or who is a native resident of the outlying areas and comes from an environment where a language other than English has had a significant impact on such individual’s level of English language proficiency.
Utah Admin. Rules R277-716-2 (March 11, 2024)
Services for Students with Limited English Proficiency—
As required by State Board of Education regulations and federal Title III, the District shall provide an approved language instruction educational program for students learning English.
Utah Admin. Rules R277-716-4 (March 11, 2024)
Alternative Language Services Program—
The District shall establish a written alternative language services plan that:
- includes an identification program for students learning English, including a State Board approved home language survey and a language proficiency for program placement, that is implemented with student registration;
- uses a valid and reliable State Board approved assessment of a student’s English proficiency in listening, speaking, reading, and writing;
- provides an evidence-based language instruction educational program based on State Board approved English Language Proficiency Standards;
- uses the State Board approved student exit criteria from ALS programs or services; and
- includes the count of students learning English, by classification, before July 1 of each year.
Utah Admin. Rules R277-716-4(1) (March 11, 2024)
Language Acquisition Instructional Services—
The District and each school shall:
- determine what type of Title III ALS services are available and appropriate for each student identified in need of ALS services, including:
- a. dual immersion;
- b. ESL content-based; and
- c. sheltered instruction;
- implement an approved language instruction educational program designed to achieve English proficiency and academic progress of an identified student;
- ensure that all identified students learning English receive English language instructional services in the least segregated environment, consistent with the Utah English Language Proficiency Standards;
- provide adequate staff development to assist a teacher and staff in supporting students learning English; and
- provide necessary staff with:
a. curricular materials approved under applicable State Board regulations; and
b. facilities for adequate and effective training.
Utah Admin. Rules R277-716-4 (March 11, 2024)
Communication with Parents and Community—
Each school in the District shall provide interpretation and translation services as needed for parents at registration, IEP meetings, SEOP meetings, parent-teacher conferences, and student disciplinary meetings.
Utah Admin. Rules R277-716-4(6)(c) (March 11, 2024)
The District shall provide the following notices in connection with its alternative language program:
1. The District shall notify parents who are not proficient in English regarding the District’s responsibility:
a. to identify students learning English;
b. to assess students’ English proficiency;
c. to provide English language acquisition instruction to students learning English whose level of English proficiency warrants such services; and
d. to provide interpretation and translation services for parents at registration, IEP meetings, SEOP meetings, parent-teacher conferences and student disciplinary meetings.
2. The District shall provide an annual notice to the parent(s) of each student who is placed into a language instruction educational program which includes
a. the student’s level of English proficiency;
b. how that level was assessed;
c. the status of the student’s academic achievement;
d. the methods of instruction proposed to increase language acquisition, including using both the student’s native language and English if necessary;
e. specifics regarding how the methods of instruction will help the child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation; and
f. the specific exit requirements for the program, including:
i) the student’s expected rate of transition from the program into a classroom that is not tailored for a student learning English; and
ii) the student’s expected high school graduation date if funds appropriated consistent with this rule are used for a secondary school student.
The notices shall be provided annually to the parent of a student placed in a language instruction educational program within 30 days of the first day of school. If a student has been identified as requiring ALS services after the first month of school, the District shall notify the student’s parent within 10 school days of the student’s identification and placement.
Utah Admin. Rules R277-716-4(6), (7) (March 11, 2024)
Consortium for Alternative Language Services—
If the District generates less than $10,000 from its count of students learning English, it may form a consortium with other educational entities to deliver alternative language services as provided for by State Board of Education rule.