Section 92-15-003 - Identification of English learnersQuality Indicator: A home language survey and a valid and reliable English language proficiency assessment are administered by school district personnel. As a result, districts can appropriately identify and place students in a language instruction educational program so that all students have an equal opportunity to achieve academically, regardless of the student's native language. Timely parental notification allows parents to make an informed decision regarding student program placement.
003.01 Each school district shall administer a home language survey to be completed by the student's parent, guardian, or other person enrolling the student as part of the admission process for all kindergarten students and for all other students new to the district. A student who is emancipated or who has reached the age of majority and who is enrolling himself or herself may complete the survey instead. A sample survey is contained in Appendix A of this Chapter. The survey shall ask the following questions:003.01A What language did the student first learn to speak?003.01B What language is spoken most often by the student?003.01C What language is primarily used in the student's home regardless of the language spoken by the student?003.02 If an answer to any one of the home language survey questions in Subsections 003.01A to 003.01C indicates that a student speaks a language other than English, the school district shall administer an English language proficiency assessment to the student in order to determine if the student may be an English learner. The assessment shall assess listening, speaking, reading, and writing. The district shall determine the assessment to be valid and reliable in measuring English language acquisition. The English language proficiency assessment shall yield composite scores or levels that indicate whether the student is proficient or not proficient in English, as defined by the assessment instrument.003.03 If the home language survey indicates that the student has a home language other than English and the student has a composite score or level on the English language proficiency assessment indicating that the student is not proficient in English, the student shall be determined by the school district to have met the definition of an English learner in Subsection 002.02 of this Chapter.003.04 On an annual basis, the school district shall notify the parent, or guardian, or other person enrolling the student within thirty (30) calendar days after the beginning of the fall term or within the first two (2) weeks of enrollment if the student was not enrolled at the beginning of the fall term, that the student qualifies for services as an English learner.003.05 If a student has been identified as an English learner in his or her previous Nebraska school district and has not met the exit requirements in Section 007 of this Chapter, the enrolling school district shall continue to identify the student as EL . The school district shall not be required to administer an English language proficiency assessment upon enrollment. The school district shall obtain documentation of the previous EL determination in order to provide timely notification consistent with provisions in this Chapter.92 Neb. Admin. Code, ch. 15, § 003
Amended effective 5/8/2018