16 NCAC 06D .0106         ENGLISH LEARNER PROGRAMS

(a)  For purposes of this Rule, the following definitions shall apply:

(1)           "Annual testing program" is defined in 16 NCAC 06D .0307(c).

(2)           "Caregiver" means a parent, custodian, legal guardian, or other person having formal or informal responsibility for the care and education of an English learner. "Caregiver" does not include employees of the public school system acting in their professional capacities.

(3)           "English language proficiency assessment" means the diagnostic test approved by the State Board of Education and administered to an English learner to evaluate the English learner's achievement and progress in English language development. The approved test is the WIDA ACCESS.

(4)           "English language proficiency alternative assessment" means the diagnostic test approved by the State Board of Education and administered to an English learner who has been identified as a child with a disability, as defined in G.S. 115C-106.3(1), and has a significant cognitive disability to evaluate the English learner's achievement and progress in English language development. The approved test is the WIDA Alternate ACCESS.

(5)           "English language proficiency screener" means the diagnostic test approved by the State Board of Education and administered to a student to determine if the student is an English learner. The approved tests are the WIDA Screener and WIDA Screener for Kindergarten.

(6)           "English language proficiency alternative screener" means the diagnostic test approved by the State Board of Education and administered to a student who has been identified as a child with a disability, as defined in G.S. 115C-106.3(1), and has a significant cognitive disability to determine if the student is an English learner. The approved test is the WIDA Alternate Screener.

(7)           "English learner" is defined in 20 U.S.C. 7801(20).

(8)           "English learner plan" means a comprehensive document, unique to each English learner, that outlines how the public school unit will support the English learner's English language development and access to grade-level academic content. The plan shall include key information such as the English learner's identification, English proficiency level, language development goals, instructional services, testing accommodations, and parent or caregiver notifications.

(9)           "Home language survey" means one or more questions posed to a student and the student's caregiver(s) upon the student's initial enrollment in a public school unit ("PSU") to determine the language or languages spoken in the home.

(10)         "Language instruction educational program" or "LIEP" is defined in 20 U.S.C. 7011(7).

(b)  Upon a student's initial enrollment in a North Carolina public school unit ("PSU"), the PSU shall administer a home language survey and maintain the results of that survey in the student's educational record. If a student has been previously enrolled in another North Carolina PSU, the enrolling PSU shall use the results of the previous survey. The home language survey shall collect at least the following information:

(1)           The student's name.

(2)           The student's date of birth.

(3)           The student's current grade.

(4)           The name of the student's parent(s) or caregiver(s).

(5)           The telephone number of the parent(s) or caregiver(s).

(6)           The primary language used in the student's home, regardless of the language spoken by the student.

(7)           The language the student speaks most often.

(8)           The first language the student learned to speak.

(9)           If the student has attended any other primary or secondary school in the United States:

(A)          The state, territory, or federal district in which the student attended school;

(B)          The name of the PSU the student attended, if the student attended another PSU in North Carolina; and

(C)          The years that the student attended each school.

(c)  The PSU shall take the following steps within 30 days of a student's enrollment:

(1)           The PSU shall investigate the English language skills of the student if the home language survey indicates that:

(A)          The student's first language is other than English;

(B)          The student's primary language is other than English; or

(C)          The student most often speaks a language other than English.

(2)           Based on this investigation, the PSU shall determine whether the student's English language skills will impair the student's ability to access academic content.

(3)           The PSU shall administer one of the following English language proficiency screeners:

(A)          The WIDA Screener for Kindergarten, if the student is in the first semester of Kindergarten;

(B)          The WIDA Screener, if the student is in the second semester of Kindergarten or in Grade 1 through Grade 12; or

(C)          The WIDA Alternate Screener, if the student is identified as a child with a disability.

(4)           The PSU shall designate a student as an English learner if the student scores the following on the applicable English language proficiency screener:

(A)          Below a 4.5 overall (listening, speaking, reading, and writing) composite score on the WIDA Screener;

(B)          Below a 4.5 oral language (listening and speaking) composite score on the WIDA Screener for Kindergarten; or

(C)          Below a 3.0 on the WIDA Alternate Screener.

(5)           Once a student is identified as an English learner, the PSU shall enroll the student in a language instructional educational program that will best enable the student to:

(A)          Increase English language proficiency; and

(B)          Access academic content and curriculum.

(d)  Each English learner shall participate in the annual testing program using one of the following methods of test administration:

(1)           The standard test administration provided to non-English learners.

(2)           The standard test administration with accommodations identified in the English learner plan, if the English learner scored below Level 5.0 Bridging on the reading domain of the WIDA Screener or WIDA Access.

English learners who are in their first year of enrollment in a United States public or nonpublic school and enrolled in a course with an End-of-Course test in reading, mathematics, or science shall take the End-of-Course test, but the test scores shall not be included in the student's final grade for the course.

(e)  The PSU shall administer one of the following English language proficiency assessments to each identified English learner during the annual testing program:

(1)           The WIDA ACCESS, if the English learner is in Kindergarten or in Grade 1 through Grade 12; or

(2)           The WIDA Alternate ACCESS, if the English learner is identified as a child with a disability, as defined in G.S. 115C-106.3(1), and has a significant cognitive disability.

(f)  The PSU shall deem a student to no longer be an English learner and exit the student from the language instructional educational program if the student:

(1)           Achieves an overall composite score of 4.5 or above on the WIDA ACCESS;

(2)           Achieves a Level 2 or higher on the WIDA Alternate ACCESS; or

(3)           Achieves an overall composite score of 4.2, 4.3, or 4.4 on the WIDA ACCESS; achieves a score of less than 4.0 on no more than one individual domain of the WIDA ACCESS; and demonstrates other evidence of English proficiency using the Multiple Measure Tool developed by the Department of Public Instruction.

If the PSU has evidence that a student who was previously identified as an English learner has English language skills that may impair the student's continued ability to access academic content, the PSU may re-administer the applicable English language proficiency to re-assess the student's eligibility for English learner services and accommodations.

(g)  The PSU shall not exclude English learners from special education programs due to limited English language proficiency. The PSU shall conduct evaluation, placement, and notification to parents of students with special needs in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. 1401 et seq. and its implementing regulations at 34 C.F.R. Part 300.

(h)  The PSU shall not exclude English learners from programs for the academically gifted and other specialized programs or support services due to limited English proficiency.

(i)  The PSU shall educate English learners in the least segregated manner consistent with each student's English learner plan and include these students in all aspects of the regular school program for which they are otherwise eligible and qualified.

(j)  The PSU shall report the following information to the SBE no later than November 1st of each year:

(1)           The number of English learners identified and receiving services from the PSU.

(2)           The number of English learners receiving special education services in accordance with Chapter 115C, Article 9 of the General Statutes.

(3)           The number of English learners receiving services for academically or intellectually gifted students in accordance with Chapter 115C, Article 9B of the General Statutes.

(4)           Any other information required by the United States Department of Education.

History Note:        Authority G.S. 115C-12(9); 115C-12(48); 115C-83.7; 115C-83.15; 115C-83.16; 115C-218.85; S.L. 2007-323, Section 7.9; 20 U.S.C. 6311; 20 U.S.C. 6811–7014; 20 U.S.C. 1703; 34 C.F.R. 200.6;

Eff. June 1, 1996;

Readoption Eff. July 1, 2026.