Recently Arrived Multilingual Learners (MLs) Section 1111(b)(3)(A)(ii) of ESSA provides accountability exceptions for MLs born somewhere other than one of the 50 United States, DC, or Puerto Rico and who have recently arrived in US schools. 

Per those requirements, recently arrived MLs will participate in all relevant achievement testing regardless of when they initially arrived in US schools. 

During the first 12 months after their initial arrival in US schools, MLs enrolled in Elementary and Middle Schools shall participate in all relevant achievement testing and shall be included in the Multilingual Learners’ Progress indicator and the School Climate indicator, but shall be excluded from both the numerator and the denominator of the Academic Achievement, Preparing for Success, and Student Progress indicators. 

During their second year of enrollment in US schools, MLs shall be included in the Multilingual Learners’ Progress, Student Progress, and School Climate indicators but shall be excluded from the Academic Achievement and Preparing for Success indicators. 

During their third year of enrollment in US schools and each subsequent year, MLs shall no longer be excluded from any accountability indicators based on the date of their initial enrollment in US schools. 

During the first 24 months after their initial arrival in US schools, MLs enrolled in High Schools shall participate in all relevant achievement testing and shall be included in the Multilingual Learners’ Progress, School Climate, and High School Student Success indicators, but shall be excluded from both the numerator and the denominator of the Academic Achievement and Preparing for Success indicators. During their third year of enrollment in US schools and each subsequent year, MLs shall no longer be excluded from any accountability indicators based on the date of their initial enrollment in US schools.