N.J. Admin. Code § 6A:15-1.3

Current through Register Vol. 56, No. 23, December 2, 2024
Section 6A:15-1.3 - Identification of eligible multilingual learners
(a) The district board of education shall use, at the time of enrollment, the multi-step process set forth at (a)1 through 3 below to identify ML(s) enrolled in the school district.
1. Each district board of education shall administer to each student enrolled in the school district the Statewide home-language survey (HLS). The district board of education shall use the Statewide HLS to determine which students in preschool to 12th grade have a primary languages(s) other than English and, therefore, may be an ML. The Statewide HLS shall be completed, in writing, or by verbal interview by any individual with knowledge of the student, such as a parent(s), trained school district personnel, or a bilingual or ESL teacher;
2. Following the administration of the Statewide HLS, the school district shall conduct a records review process to determine whether the student is an ML.
i. The records review process may include, but is not limited to, reviewing available information about the student's overall academic performance from current or prior years, observations of teaching staff members who have worked with the student, interviews with the student or the student's parent or family in their primary language, and/or additional school records, as needed, and in compliance with State and Federal student privacy laws; and
3. The district board of education shall then determine the English language proficiency of all kindergarten to 12th-grade students who are found eligible through (a)1 or 2 above and whose primary language is other than English by administering an English language proficiency assessment. Students who do not meet the Department-established cut score on the English language proficiency assessment shall be considered MLs and shall be offered entry into the district board of education's LIEP.
i. Preschool students who are identified, pursuant to the processes set forth at (a)1 and 2 above, as having a primary language other than English shall be identified as MLs. Prior to the start of their kindergarten year, the district board of education shall administer an ELP assessment to preschool MLs as part of the screener process to determine the ML's English language proficiency level.
ii. The district board of education shall also use age-appropriate methodologies to identify preschool MLs to determine their individual language development needs.
(b) Each district board of education shall maintain a roster indicating all identified students whose primary language is other than English and who are MLs.

N.J. Admin. Code § 6A:15-1.3

Amended by 48 N.J.R. 485(c), effective 3/21/2016
Amended by 54 N.J.R. 1271(a), effective 7/5/2022
Amended by 55 N.J.R. 1708(a), effective 8/7/2023