Knowledge Base
English Learner Identification & Placement
English Learner Rights
Updated 2026-01-15California 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:
- What language did your child learn when they first began to talk?
- What language does your child most frequently speak at home?
- What language do you (parent/guardian) most frequently use when speaking to your child?
- 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
- Know your EL students — Review EL data in your student information system
- Understand EL protections — ELs cannot be disciplined for language-related behaviors
- Ensure access — Verify ELs are enrolled in appropriate courses with support
- Communicate with families — Provide interpretation/translation services
- 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)