The term English Language Learner is used in NM Laws (statute and regulation). The term is synonymous with English learner (EL) which is used by the federal government in the Every Student Succeeds Act (ESSA) Section 8101[20] where an EL is defined as an individual:
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in an elementary school or secondary school;
(C)(i) who was not born in the United States or whose native language is a language other than English;
(ii)(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and (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; or
(iii) who is migratory, whose native language is not English, and who comes from an environment where a language other than English is dominant; and
(D) whose difficulties in speaking, reading, writing, or understanding English may be sufficient to deny the individual (i) the ability to meet the challenging state academic standards;
(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
(iii) the opportunity to participate fully in society
ELD refers to English Language Development. This would be used in reference to an English Learner (EL) student who is provided instruction in English language development.
The identification process for English Learner (ELs) is a three-step process. First, a parent or guardian completes the Language Usage Survey (LUS) upon initial enrollment in public school. A parent or guardian only completes this form once in a student’s public education career. If a student is transferring from one district to another (or from one school within a district to another school within it), in New Mexico, the LUS completed at the previous district or school has to transfer as part of student records to the new school. The new school should request this information specifically. The LUS is kept in the cumulative file.
Secondly, if any answers to questions 1-6 on the LUS are ‘yes’ or if a language other than English is indicated in question 7 of the LUS, then the department-approved English language proficiency (ELP) screener (WIDA Screener for Kindergarten or WIDA Screener Online for grades 1-12) is administered to the student. Based on the ELP screener results a student is either identified as an initial fluent English proficient student (IFEP) or as an EL student. The ELP screener results are kept in the cumulative file and are transferred as part of student records to schools the student attends.
As a third step, districts must inform parents or legal guardians that their student has been identified as an EL student and qualifies for an English Learner Program and/or language support services. Districts and schools must notify parents with the required information in an understandable, uniform format and in a language the parents can understand no later than 30 days after the beginning of the school year. For further information on the English Learner identification process and sample initial parent notification letters please visit the NMPED LCD website under English Learner Identification.
NOTE: For a student who joins the public school system after the beginning of the school year, the district must notify parents within two weeks, giving the parents/guardians the choice of the child being placed in such a program.
The Language Usage Survey, the WIDA Screener for Kindergarten or WIDA Screener Online for grades 1-12 results, and the ACCESS for ELLs or WIDA Alternate ACCESS results must be kept in the student’s cumulative file and transfer as part of student records to the schools the student attends. This information is also recorded in the NOVA system (previously STARS) for each student. For further information on NOVA reporting please visit the NMPED Information Technology website under NOVA.
No, the three-step identification process (per 6.29.5 NMAC) must be followed.
However, if it appears that a student is struggling academically or behaviorally due to difficulties with English proficiency, a teacher observation form can be used as part of Tier 2 data collection. The student assistance team (SAT) gathers other available data on the student, develops a hypothesis regarding possible causes for the difficulties, and designs an individualized SAT intervention plan or behavior intervention plan for the student. If the frequent progress monitoring indicates that the difficulties are related to lack of English proficiency the SAT can, in such a case, make the decisions to administer the English language proficiency screener (WIDA Screener for Kindergarten or WIDA Screener Online for grades 1-12) to the student. A second language acquisition specialist should be part of the SAT in such a case.
For further information concerning this process, please visit the LCD website under English Learners and select the Serving English Learners technical assistance manual.
Serving ELs is a federal requirement and EL teachers must be proficient in English and be provided appropriate training for serving ELs. A TESOL endorsement is not required to teach ELs, but it can serve as an indicator of proper training. The following offers further guidance on staffing an EL program and service:
Districts/schools must provide the personnel necessary to effectively implement EL programs. Necessary personnel includes teachers who are qualified to provide EL services, core-content teachers who are highly qualified in their field as well as trained to support EL students, and trained administrators who can evaluate these teachers. Districts must provide adequate professional development and follow-up training in order to prepare EL program teachers and administrators to implement the EL program effectively. Districts must ensure that administrators who evaluate EL program staff are adequately trained to meaningfully evaluate whether EL teachers are appropriately employing their training in the classroom in order for the EL program model to successfully achieve its educational objectives. (EL Toolkit, chapter 3)
Please note: A TESOL endorsement may be required if serving ELs in a New Mexico state-funded bilingual multicultural education program (BMEP). See this document for further information on BMEP licensure requirements.
The federal requirement is that a district must offer an English Learner (EL) program or services until an EL student is proficient in English and can participate meaningfully in the standard instructional programs without language supports within a reasonable amount of time. Such an EL program and service must meet the standards established in Castañeda v. Pickard:
- It must be based on a sound educational theory.
- Programs and practices must be reasonably calculated so that the program and service can be implemented effectively (including having the necessary resources).
- The program must be evaluated for effectiveness to ensure it produces results within a reasonable period of time.
Again, the two goals of an EL program are
- Attaining English language proficiency.
- Meaningful access to the standard instructional program within a reasonable period of time.
Under state regulation, 6.29.5.13 required instruction for ELs, districts must provide both designated and integrated English language development. Designated English language development is instruction to develop the English language proficiency of ELs based on the student’s English language proficiency level and grade level; instruction shall be distinct from content area instruction. Integrated English language development (also known as sheltered content instruction) is integrated instruction to attain English language proficiency and to meet content standards and benchmarks; shall occur in all content area instruction.
To support English language proficiency a district/school has to offer a designated English language development (ELD) course depending on the English language proficiency (ELP) level of the student or a dedicated ELD block in elementary school that has to be at the minimum 45 minutes. The primary goal is learning English and learning content is secondary. (Saunders, Goldenberg, Marcelletti, 2013). An integrated ELD-ELA class can be offered to English Learners (ELs) whose overall score on the ACCESS for ELLs assessment is nearing proficiency.
English Learner programs must be designed to enable English Learner students to attain both English proficiency and parity of participation in the standard instructional program within a reasonable length of time. To meet these goals, an English Learner program has to include a dedicated English language development (ELD) course. In their article, English Language Development: Guidelines for Instruction, Saunders et al. state:
English Language Development instruction is designed to advance English Learner students’ knowledge and use of English in increasingly sophisticated ways. In the context of the larger effort to help English Learner students succeed in school, ELD instruction is designed to help them learn and acquire a level of English proficiency that maximizes their capacity to engage successfully in academic studies taught in English. Although there might be multiple goals for ELD instruction—engaging in social interactions inside and outside of school and in other pursuits requiring English proficiency e.g., obtaining news, shopping, banking, locating and using information—the preparation for academic studies taught in English remains the top priority because of its relevance to school and career success. The American Federation of Teachers English Language Development instruction should be leveled by English language proficiency (ELP) levels, as measured by the annual ACCESS for ELLs assessment, which is the required English language proficiency assessment for EL students in New Mexico.
District/schools also have to offer integrated ELD to ensure meaningful access to the standard instructional program within a reasonable period of time. In order for an EL student to learn grade-level content and thus have meaningful access to the standard instructional program all content area classes have to integrate ELD (shelter instruction) and offer language supports for ELs. Designated English language development is instruction to develop the English language proficiency of ELs based on the student’s English language proficiency level and grade level; instruction shall be distinct from content area instruction. Integrated English language development (also known as sheltered content instruction) is integrated instruction to attain English language proficiency and to meet content standards and benchmarks; shall occur in all content area instruction. Learning content is the primary goal and language is secondary. (Saunders, Goldenberg, Marcelletti, 2013)
The following questions are helpful when planning for ELD instruction:
- Does the English Language Development instruction prepare English Learners to participate in the standard grade-level curriculum in English?
- Is the English Language Development instruction tailored to the English Language Proficiency levels of the English Learners?
- How is the progress toward English Language Proficiency measured on an ongoing basis?
For more information, please visit the NMPED LCD English Learners page and select the English Language Development Instructional Framework Guidance Hand book or English Learner Toolkit, you may also visit the LCD English Learner Resources page.
In addition to the annual English language proficiency assessment, ACCESS for ELLs or WIDA Alternate ACCESS, English Learners (ELs) like all students are assessed for academic achievement as follows pursuant to New Mexico Administrative Code (NMAC) 6.29.1.9L(1)-(2):
All English Learners must participate in the New Mexico’s statewide student assessment program. English learners who have been in U.S. schools for fewer than three consecutive years must participate in the state assessment program in one of three ways. The student may participate in one of the following assessment formats:
- standard administration of the English language version of the assessment without accommodations;
- English language version of the assessment with appropriate accommodations; or
- standard administration of the Spanish language version of the assessment (where available and appropriate).
An EL student who has been in U.S. schools under three years can be assessed in the home language of Spanish in language arts, in math, and in science. A student can receive a Testing in English waiver for testing in the home language of Spanish for the available content assessments if the district requests this through the Testing in English waiver process. This waiver is valid for one year and can be requested up two times. No more, than two waivers are allowed.
In order to be granted a Testing in English Waiver, a student must be an EL and must have attended a U.S. school less than five years including kindergarten.
Students who are enrolled for the first year in a U.S. school may receive an exemption from the system of assessments for English language arts, including all subtests therein. (6.29.1.9.L.(2)(a)(i) NMAC).
No. The Testing in English waiver is for tests in the home language of Spanish only, per 6.29.1.9 M(2)(a)(iii) New Mexico Administrative Code (NMAC). However, any EL student can receive accommodations. For allowable accommodations for each assessment, please see the assessment vendor accommodations manuals.
Note: An allowable accommodation should have been used in daily instruction for a sufficient period of time prior to testing for a student to become comfortable with it. A school-based team of at least three staff members who are familiar with the EL student’s abilities and language needs, standardized test procedures, and valid EL test accommodations reviews individual student progress in order to determine accommodations. Assessment accommodations are allowable changes in assessment administration that help an EL student access the content of the assessment without giving undue assistance. In most cases, assessment accommodations enable an EL student to overcome a language barrier. An allowable assessment accommodation does not alter the concept being measured.
No. An overall score of 4.8 or higher on the ACCESS for ELLs assessment means that the student is proficient in English and therefore no longer classified as an EL. Students reach English proficiency (exit from EL status) by scoring an overall composite score of 4.7 or higher on the ACCESS for ELLs assessment. A student who is no longer an EL student cannot receive a Testing in English Waiver.
Students with disabilities who are also English learners must receive services in both areas: language services as well as disability related services; neither service supersedes the other. A parent can decide to opt their child out of EL services but not out of the ACCESS for ELLs assessment. The student takes the ACCESS for ELLs assessment annually; any accommodations must be allowable under the ACCESS for ELLs assessment and written into the IEP or 504 Plan of the student. Students with cognitive disabilities who also take the DLM assessment can take the WIDA Alternate ACCESS assessment, if this is specified in the student’s IEP. An IEP team for an EL student with a disability should include a second language acquisition specialist in order to ensure that all the needs of the student are being met. For further information please see the NMPED LCD English Learners page and select the Identifying and Serving English Learner Students with Disabilities Guidance Manual. There is also great information on ELs with disabilities in the English Learner Tool Kit (by USDE), specifically chapter 6.
Per NMAC 6.29.5.12 exited ELs (reclassified English proficient students—RFEPs) must be monitored for academic progress for two years. Each district can create its own monitoring system for RFEPs, including considerations for documents used. Such documents inform the district of the effectiveness of its chosen EL program or services as well as how well the particular program(s) and instruction have succeeded in creating a foundation for continued success for RFEPs. Furthermore, the English Learner Tool Kit (chapter 8) provides guidance and resources on monitoring and exiting English learners. These are helpful in creating district/school documentation that works in ensuring that students succeed after exiting English Learner status.
Please see Sample Monitoring Worksheet for Exited English Learner Students on the NMPED website for your reference.
No. However, districts/schools may choose to meet their federal obligations of serving English learners through a state-funded BMEP.
The federal requirement is that a district must offer an EL program and service until an EL student is
- proficient in English and
- can participate meaningfully in the standard instructional programs without EL supports within a reasonable amount of time.
English learners must be provided specific instruction in English language development. Please see questions on EL Programs and English Language Development in this FAQ for further details.
For more information on state-funded BMEPs please visit the NMPED LCD Bilingual Multicultural Education Programs page.