Foreign Language Teachers and English Learner Authorization

The Commission has been receiving questions concerning foreign language teachers and if an English learner (EL) authorization is required. On 9/7/2006, the California Department of Education (CDE) posted FAQ's regarding teaching English learners. The complete list of the FAQs may be found at: http://www.cde.ca.gov/sp/el/er/elteachersfaq.asp and should be reviewed in their entirety. The text of the one of the questions has been recently distributed that was different than what appears on CDE's website. The following question and answer is correct:

Are any teachers providing instruction to ELs exempt from this certification?

No. The state laws do not specify exemptions for a subject area or particular number of ELs in a class. This requirement includes areas such as special education and vocational education. However, there are a few situations where this authorization may not apply.

Foreign language teachers are required to have a specific type of credential that authorizes instruction of a language other than English. If they only teach foreign language classes/course sections that may include ELs, they do not need an additional authorization for ELs.

Providing services such as counseling or speech therapy does not require an EL authorization as the EL authorization is a teaching authorization.

The local employing agency is responsible for assessing and determining if EL services are required, the type of services, how the services will be provided, and for appropriately assigning staff to meet the needs of their students. The FAQ above does not state that foreign language teachers are exempt from holding an EL authorization but only that foreign language teachers are appropriately authorized to teach the language of their authorization. If teachers are appropriately authorized for the services they provide, this does not constitute an exemption.

It is important to note that some local employing agencies have created policies requiring that all teachers attain an EL authorization. If a district is requesting that their teachers hold an EL authorization even though they are not providing any EL services, they may do so as an employment requirement for the position. If the requirement is for employment and not for appropriate authorization, the CCTC does not have purview in the issue.

There are three types of instruction that may be authorized for teachers of ELs:

1) English Language Development (ELD);

2) Specially Designed Academic Instruction in English (SDAIE); and

3) Primary Language Instruction or bilingual (authorization in target language).

ELD and SDAIE instruction applies to courses of instruction in English. Foreign language teachers are usually providing language instruction in a language other than English and are authorized on the basis of their credential or authorization in the foreign language. However, if foreign language teachers are providing ELD/SDAIE instruction within their foreign language class or as a separate class, they would also need to hold an authorization for ELD/SDAIE.

NOTE: Questions concerning appropriate assignment of teachers for EL and non-EL assignments should be addressed to the Commission's Assignment Unit at cawassignments@ctc.ca.gov.