AS

Knowledge Base

Knowledge BaseEnglish Learner RightsEnglish Learner Identification & Placement

English Learner Identification & Placement

English Learner Rights
Updated 2026-01-15

California requirements for identifying English Learners, the Home Language Survey, initial ELPAC assessment, and program placement options.

Identification Process

Home Language Survey (HLS)

Upon enrollment, every student must complete a Home Language Survey. If any answer indicates a language other than English, the student must be assessed for English proficiency.

The HLS asks four questions:

  1. What language did your child learn when they first began to talk?
  2. What language does your child most frequently speak at home?
  3. What language do you (parent/guardian) most frequently use when speaking to your child?
  4. What language is most often spoken in your home?

Initial ELPAC Assessment

  • Must be administered within 30 calendar days of enrollment (EC §52164.1)
  • The Initial ELPAC determines if the student is an English Learner (EL) or Initially Fluent English Proficient (IFEP)
  • Results must be shared with parents within 30 calendar days of assessment

Program Placement

Once identified as an EL, the student must receive:

  • Designated English Language Development (ELD) — Direct instruction in English
  • Integrated ELD — Scaffolded content instruction across all subjects
  • Access to the full curriculum — ELs cannot be excluded from core subjects

Long-Term English Learners (LTELs)

Students who have been classified as EL for 6 or more years without reclassifying are considered LTELs (EC §313.1). They require:

  • Targeted intervention addressing specific language development needs
  • Progress monitoring with additional support services
  • LTEL-specific strategies in content areas

Rights of English Learners

  • Right to receive ELD instruction
  • Right to access grade-level content with appropriate supports
  • Right to not be segregated unnecessarily from English-proficient peers
  • Right to receive translated communications in the parent's primary language
  • Right to participate in all school programs and activities

Dean/Counselor Responsibilities

  1. Know your EL students — Review EL data in your student information system
  2. Understand EL protections — ELs cannot be disciplined for language-related behaviors
  3. Ensure access — Verify ELs are enrolled in appropriate courses with support
  4. Communicate with families — Provide interpretation/translation services
  5. Monitor LTELs — Track progress and advocate for additional services

Legal References

  • CA Education Code §313 — English Learner Identification
  • CA Education Code §313.1 — Home Language Survey
  • CA Education Code §306 — Definition of English Learner
  • CA Education Code §52164.1 — Initial Assessment Timeline
  • Title III of the Elementary and Secondary Education Act (ESEA)