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Who Are Multilingual Learners & Immigrant Students?

Step One:

  • Complete the Enrollment Survey (ES)/Home Language Survey (HLS)

    • #1 What is the language(s) that the student first acquired?

    • #2 What language(s) is spoken most often by the student?, 

    • #3 What is the primary language(s) used in the home, regardless of the language(s) spoken by the student?

If one or more answers to the HLS questions indicate a language other than English, proceed to step two.

 

Note: American Sign Language (ASL) is not considered a language other than English. If included on the HLS, the student should not participate in ELP screening.

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Step Two:

  • English Language Proficiency (ELP) Screening

    • WIDA Assessments

    • Based on assessment scores and/or previous records, students may or may not qualify for MLP services.

MLs May Also Be:

  • an immigrant

  • a Student with Limited or Interrupted Formal Education (SLIFE)

  • a newcomer or recently arrived

  • a refugee or evacuee 

  • a long-term or experienced ML

  • a Multilingual Learner with a Disability (MLWD)

  • in Advanced Placement (AP) courses

  • identified as Gifted and Talented (GT)

  • have a 504 plan

  • included in the Multi-Tiered System of Support (MTSS) process

  • experiencing homelessness (McKinney-Vento)

  • a migrant student

  • ...and so on!

American Sign Language (ASL) Exemption

According to the United States Department of Education (USED), under the former Title VII of the Elementary and Secondary Education Act (ESEA), as amended by the Improving America’s Schools Act (IASA), Title VII was designed to address the needs of students whose language minority status was tied to their national origin status; hence it provided services to students covered by the Lau obligation under Title VI of the Civil Rights Act of 1964, rather than students with disabilities. USED’s position was that individuals cannot be considered LEP solely because of their reliance on American Sign Language (ASL) for communication due to deafness or a hearing impairment. 

 

It did not mean that individuals with deafness or a hearing impairment who rely on ASL for communication can never be served under Title VII. For example, an individual whose native language is Spanish and who also has a hearing impairment and relies on ASL for communication could be considered an English learner (EL) under Title III because their native language is a language other than English.

 

Under ESEA Section 8101(20), as amended under the Every Student Succeeds Act (ESSA),“English Learner” (EL) is an individual who (ESEA Section 8101(20)):

  1. is aged 3-21;

  2. is enrolled or preparing to enroll in an elementary or secondary school;

  3.  

    1. who was not born in the United States or whose native language is a language other than English; 

    2. (I) who is a Native American or Alaska Native, or a native resident of the outlying (II) who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency

(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

  1. whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual 

    1. the ability to meet the challenging State academic standards;

    2. the ability to successfully achieve in classrooms where the language of instruction is English; or

    3. the opportunity to participate fully in society.

 

Such individuals, who will have an original Home Language Survey (HLS) indicating a language other than English, must undergo an English Language Proficiency (ELP) Screening to determine whether they qualify for services under Title III - Multilingual Learner Program (MLP) based on assessment scores and/or previous records.

 

Therefore, a student who uses ASL for communication due to deafness or hearing impairment, who meets the definition of EL as stated above, and whose primary language is based on national origin in which the Home Language Survey (HLS) indicates a language other than English, may qualify for Title III services.

 

American Sign Language (ASL) is not considered a language other than English. If included on the HLS, the student should not participate in ELP screening.

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