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 Elementary and Secondary Education Act, as amended by 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.
In New Mexico, there are standardized statewide entrance and exit procedures for English Learner students. 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 careerin New Mexico. If a student is transferring from one district or charter school 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 student’s 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 student’s cumulative file and are transferred as part of student records to schools the student attends.
As a third step, districts and charter schools 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 Layer 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.
Yes, a student can be dually identified as both an English Learner and a student with a disability.
For further information please refer to the Identifying and Serving English Learner Students with Disabilities Guidance Manual.
The use of American Sign Language (ASL) cannot, in and of itself, serve as the basis for determining that a student is an EL that is eligible for EL Program or Services.
An answer of “yes” in response to any of the Language Usage Survey questions #1-6 and indicating ASL only for #7 would not result in administering the English language proficiency screener.
In the case that a parent or guardian answers “yes” in response to any of the Language Usage Survey questions #1-6 and indicates one or more language(s) in addition to ASL, please clarify that the student speaks a language other than English and uses ASL. A student that is part of deaf culture/families, whose parent or guardian indicates one or more language(s) in addition to ASL, would be screened using the English language proficiency screener.
Note: This applies only to ASL. ASL is not considered a language other than English by the U.S Department of Education. This would not apply to other forms of sign language (Mexican Sign Language, Chinese Sign Language, Australian Sign language, etc.).
If a student is transferring from one district or charter school to another (or from one school within a district to another school within it), in New Mexico, the documents completed at the previous district or charter school have to transfer as part of student records to the new school. The new school should request this information specifically. The documents are kept in the student’s cumulative file. The following guidance is on the steps to obtain information on a student’s EL status if the student has previously attended another public school in New Mexico:
- Please specifically request from the previous district or charter school the Language Usage Survey, WIDA Screener for Kindergarten (W-APT for students in kindergarten prior to school year 2021-2022) or WIDA Screener Online results (or English language placement test results for older students), and ACCESS for ELLs or Alternate ACCESS results (or NMELPA results for older students)
- If you cannot obtain these required documents, then look for student’s English language proficiency information in Nova and STARS.
- If, after following all the steps above, you are still unable to determine the EL status of the student, please follow the state’s three step EL identification process starting with the Language Usage Survey.
You can find more information on transfer students, including step by step directions on how to find English language proficiency information in Nova/STARS, in the Serving English Learners Technical Assistance Manual that can be accessed on the English Learners page of the LCD website.
For a student who has previously attended a public school in a state other than New Mexico, please follow the three step EL identification process, starting with the Language Usage Survey.
Only Exception: If the student is transferring from a State that is a current WIDA Consortium member, ACCESS for ELLs or Alternate ACCESS results could be obtained. A score of 4.7 or higher on the ACCESS for ELLs (school year 22-23 on) or a score of P1 or higher on the WIDA Alternate ACCESS indicate that the student has exited EL status and is a Reclassified Fluent English Proficient (RFEP) student in the state of New Mexico. In this case, the parent or guardian would not complete a Language Usage Survey and the student would not need to be administered the English language proficiency screener. Please file ACCESS for ELLs or Alternate ACCESS results received from the sending State’s district/charter school in the student’s cumulative file.
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 necessary personnel to effectively implement EL programs. Necessary personnel include 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 or charter school 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. 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 Handbook or the U.S Department of Education’s English Learner Tool Kit, 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).
Districts and charter schools shall provide accommodations to English language learners after consideration of their appropriateness for the individual student (6.29.1.9.M.(2)(a)(iii)). Appropriate accommodations to English Learner students must be decided by a school-based team, which consists of at least three members from the school staff. The accommodation must be based on what is used daily in the classroom and must be determined on a case-by-case basis. Accommodations must be justified by data, including the student’s English Language Proficiency level in each of the four domains of language, annual review of the student’s progress to attain English Language Proficiency, the primary language of instruction used in the content area to be assessed, the length of time that the student has received instruction in that language, as well as the grade level of the student. The accommodations must be documented and kept in the student’s cumulative file.
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 the U.S. Department of Education), specifically chapter 6.
Per NMAC 6.29.5.12 exited ELs (reclassified fluent 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.
By law, the language needs of a child as they relate to the IEP must be considered by the IEP team (34 CFR §300.324 (a)(2)(ii)). It is highly recommended that at least one second language acquisition specialist (such as an ELD teacher, EL program coordinator, or a teacher who holds a TESOL endorsement) who is knowledgeable about the student participates in IEP teams of EL students. These specialists can contribute information about the student’s language development,including language proficiency in the four language domains (listening, speaking, reading, or writing), and language development needs. They may also have critical knowledge about the district or charter school’s EL program, ELD and the language development trajectory of EL students, and options for testing accommodations when assessing an EL student.
During triennial reviews, current language proficiency and growth in language proficiency must be analyzed in reference to academic progress in IEP goal areas to determine whether the student continues to be eligible for special education services. Students with disabilities who are ELs are expected to progress in their language development and show growth on all assessments, including ACCESS for ELLs. These are not to supersede the English proficiency goals of the student, nor do special education services supersede language support services for which the EL student is eligible.
Parental involvement is vital in developing Individualized Education Programs (IEPs), with the rights of parents of EL students well-protected under Special Education Law. To ensure parents of students with disabilities are informed of their rights and responsibilities, procedural safeguards must be provided annually in their native language or another mode of communication (Section (D) of 6.31.2.13 NMAC). The Individuals with Disabilities Education Act (IDEA) mandates that parental consent, defined as full information disclosure in the parent’s native language, be obtained for any relevant activity (34 CFR §300.9(a)(2009)). Written notices must be in the parent’s native language whenever a district or charter school intends to evaluate or reevaluate a child, change their educational placement, or initiate or modify special educational services. IDEA also stipulates the involvement of EL parents in IEP meetings, which must be convened annually or whenever there is a change in services, with provisions for interpreter services if needed (34 CFR §300.322(e)). Additionally, parents must receive a final copy of the IEP at no cost (34 CFR §300.322(f)).
For further information please refer to the Identifying and Serving English Learner Students with Disabilities Guidance Manual.
In the case that a district or charter school suspects possible erroneous EL identification of a student, that is, the standardized statewide entrance procedures were not followed, please use the following guidance:
- Please obtain the student’s Language Usage Survey and English language proficiency screener scores.
- If, after reviewing these documents, it is determined that there was an error in the EL identification process, document the specific circumstances of this discrepancy in the student’s cumulative file.
- Correct the student’s English language proficiency in the district/charter school student information system and Nova.
Staff from the Language and Culture Division are available to provide support and guidance through this process. You may also review question 4 on page 46 of the Non-Regulatory Guidance: English Learners and Title III of the ESEA for additional information (https://www2.ed.gov/policy/elsec/leg/essa/essatitleiiiguidenglishlearners10219.pdf).