SECTION 210:15-35-2. Responsibilities of school districts

(a)   Identification of ELL students. Pursuant to federal law, school districts are required to implement procedures for identifying English Language Learner (ELL) students.

(1)   Timeframe. Identification, screening, and parental notification of ELL students eligible for language assistance services shall occur within thirty (30) days of the beginning of the school year. For students who transfer to a district during the school year, identification as an ELL student eligible for language assistance services and parental notification shall occur within two weeks of enrollment.

(2)   Home Language Survey. Each school is required to conduct a home language survey in regard to every student, which requests from the student's parent or guardian only the following information:

(A)   What the native language of the student is;

(B)   What language is spoken most often by the student; and

(C)   What language is spoken by the student in the home.

(3)   Screening tools.

(A)   A student in an early childhood education program whose Home Language Survey indicates that another language is spoken in the home, either "more often" or "less often" than English, shall be assessed using the ELL Pre-K Screening Tool. A student who scores 7/10 or higher on the Pre-K Screening Tool is deemed ineligible for language assistance services. A student who scores 6/10 or lower on the Pre-K Screening Tool is deemed eligible for language assistance services.

(B)   A kindergarten student or a student in the first semester of first grade whose Home Language Survey indicates that another language is spoken in the home, either "more often" or "less often" than English, shall be screened with the Kindergarten WIDA ACCESS Placement Test (W-APT). All Kindergarten students assessed with the W-APT qualify for language assistance services and should be given the ACCESS for ELLs annual assessment. A student in the first semester of first grade will qualify for services if they score a 28 or below on Listening/Speaking, a 12 or below on Reading, or a 14 or below on Writing.

(C)   A student in the second semester of first grade whose Home Language Survey indicates that another language is spoken in the home, either "more often" or "less often" than English, shall be screened with the W-APT (Cluster 1-2). A student in the second semester of first grade will qualify for services if they score a Grade Adjusted Composite Proficiency Level of 4.9 or below, or a Grade Adjusted Literacy Composite Proficiency Level of 4.4 or below.

(D)   A student in grades two (2) through twelve (12) whose Home Language Survey indicates that another language is spoken in the home, either "more often" or "less often" than English, shall be screened with the W-APT. A student in second through twelfth grade will qualify for services if they score a Grade Adjusted Composite Proficiency Level of 4.9 or below, or a Grade Adjusted Literacy Composite Proficiency Level of 4.4 or below.

(b)   English language acquisition program. Every school district must provide an evidence-based English language acquisition program for students identified as ELLs. A school district may participate in a consortium to provide an appropriate English language acquisition program to ELL students of member districts.

[Source: Added at 32 Ok Reg 906, eff 8-27-15]