Designation and Redesignation of English Language Learners

Eligibility Requirements for Special Services: Identifying ELLs

Historically, a national consensus has never been reached regarding the definition of English language learners or the counterpart legal term, limited-English-proficient students. The 2001 reauthorization of the Elementary and Secondary Education Act, commonly known as the No Child Left Behind Act, provides broad guidelines toward reaching a common understanding: ELLs are elementary or secondary school students, aged 3 through 21, not born in the United States or whose native language is other than English. According to Part A, Section 9101 of the act, these students' non-English home environment has significantly affected their level of English language proficiency so that their speaking, reading, writing, or understanding of English may affect “their ability to meet the State's proficient level of achievement on State assessments, or ability to successfully achieve in classrooms where the language of instruction is English.”

These general descriptive criteria, provided at a federal level, produce many different interpretations across states and the outer territories of the United States. These variations in defining ELLs can be attributed to many factors. Such differences emanate from the following factors: (a) use of various language proficiency instruments, (b) the varied cut-scores of these measures, (c) state expectations of student progress and attainment of English language proficiency, (d) the amount of time (in years) allowed for language support, and (e) the financial backing states are willing to bear.

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