Local education agencies (LEAs) are required to identify ELs at the time of enrollment, notify parents of the identification and programming options, and appropriately place the ELs into a language instruction educational program (LIEP). This requirement extends to pre-K students in public LEA-funded programs. This process must be completed within the first 30 days of school or within 14 days of enrollment if a student enrolls after the first day of school. The specific requirements for carrying out this process for pre-K through 12th grade students are outlined in the “Screening, Identification, and Placement” document. General enrollment procedures to which LEAs must adhere are contained in the Enrollment of Students BEC located on the Department’s Basic Education Circular website. Parent permission to identify students as ELs, including screening for English language proficiency, is NOT required. LEAs are required to notify parents in a timely manner of the process for identifying their children as ELs, the results of that process, and the recommended program placement. LEAs must also provide the parents with a detailed description of the LIEP, its intended benefits for their children, and an explanation of its effectiveness.

SCREENING, IDENTIFICATION, AND PLACEMENT

IDENTIFICATION

The Civil Rights Act of 1964, Title VI, Language Minority Compliance Procedures, requires school districts/charter schools/comprehensive CTC's to identify EL students. LEAs have a responsibility under federal law to serve ELs who need ESL/bilingual instruction as well as academic supports in order to be successful in school. See the English Learner Identification Procedure documents below. They outline the required procedures for identifying ELs and related policies.

• • English Learner Identification Procedure - K-12

  • English Learner Identification Procedure - Pre-K

    • May 2020 Update: Provisional English Learner Identification Procedure During Extended School Closures (COVID-19) – K-12 (PDF): This procedure provides a means of provisionally identifying English learners (ELs) when continuity of education services are being provided virtually and face-to-face screening is not possible due to extended school closures.

  • Home Language Survey

  • Evaluating Foreign Transcripts (PDF): This document is intended as a reference tool to assist school staff members with evaluating foreign transcripts for students newly enrolling from other countries.

Required Enrollment Documentation

This section provides guidance to parents and LEAs as to what documents are mandatory for enrollment.

The school district or charter school shall require that the following information be documented before enrolling the child and allowing the child to attend school:

1. Proof of the child's age

2. Immunizations required by law

3. Proof of residency

4. Parent registration statement

5. Home Language Survey

Documents Which May Be Requested But Not As a Condition of Enrollment

This section provides guidance to parents and LEAs as to what additional documents may be requested, but may not be required and may not delay admission of a child.

• Information from families

• Registration form

Documentation Required From Other Sources

This section provides guidance to parents and LEAs as to what documents from other sources may be requested but may not delay admission of a child.

• Student education records

• Disciplinary records

Prohibited Requests

This section provides guidance to LEAs and parents as to what documents an LEA is prohibited from requesting or requiring as part of the enrollment process.

For both enrollment and also for residency determinations, a school district or charter school may not request or require any of the following:

• Social security number

• Reason for a child’s placement if not living with natural parents

• Child’s or parent’s visa

• Agency records

• Court order or records relating to a dependency proceeding, except in the limited circumstances as described in the Enrollment of Students BEC

A child’s right to be admitted to school may not be conditioned on the child’s immigration status. A school may not inquire regarding the immigration status of a student as part of the admissions process. Plyler v. Doe, a U.S. Supreme Court decision, held that it is unconstitutional to deny free public education to children who are not legally admitted into the United States.

Other Issues Related to Enrollment

This section provides guidance to LEAs on establishing the age at which a child can begin the kindergarten program and how long a child is entitled to attend a public school and information about translation and interpretation services for families with limited English proficiency.

Age

• Children are considered school age from the time they are admitted to the public school educational program until graduation from high school or the age of 21.

Children and Families with Limited English Proficiency

• Children and families with limited English proficiency must be provided translation and interpretation services to the extent needed to help the family understand the enrollment process and enroll the student in school promptly per the Civil Rights Act of 1964, Title VI, 42 U.S.C. §2000d et seq. and the Equal Education Opportunity Act, 20 U.S.C.§ 1703.