Identification and Assessment of Multilingual Learners

An essential first step for districts is identifying all MLs in a timely manner. Learn more about the federal regulations related to identification and communication with multilingual families about identification procedures.

Guiding Questions

• How are MLs identified?
• What action steps should be taken to ensure all MLs are identified?
• What is a Home Language Survey?
• What are the requirements for informing families when a child is identified as an ML?

Federal Guidelines: Identification and Assessment

Federal guidelines require schools to:

• Have a clear set of procedures and criteria for identifying multilingual learners; 
• Use an assessment that measures English language proficiency in all four domains (reading, writing, speaking, and listening); 
• Complete the identification process in a timely manner and notify parents/guardians about their child’s language assistance program within 30 days of enrollment.

These guidelines are described in: U.S. Department of Education (1999); U.S. Department of Justice, Civil Rights Division and U.S. Department of Education (n.d.-a); and the Every Child Succeeds Act (ESSA, Title III, Section 2, 2015).

Note: According to ESSA (ESSA, Title III, Section 2, 2015 , p. 59), when a child is identified as an English learner after the school year has already started, the school must notify the parents within two weeks of the child being placed in a language instruction program.

Some schools think they have 30 days to identify a multilingual learner or two weeks after identification to tell parents about placement in a language program. This is not true or practical. Instead, it is essential to have procedures to identify potential multilingual learners within the first few days of enrollment. Doing so ensures that each student is identified and placed into an appropriate language assistance program as quickly as possible. (See Communication with Multilingual Families for more information.)

Home Language Surveys

In practice, many schools and districts use a Home Language Survey to screen potential multilingual learners. Some state education agencies [SEAs] furnish a mandated form. Schools and districts should check with their SEA to ensure they adhere to the laws. Please see our State Overview for state-specific resources.

Home language surveys typically include questions such as:

• What language did your child first understand or speak?
• What language do you or others often use when speaking with your child?
• What language does your child use most often when speaking at home?
• What language does your child use most often when speaking with family members?
• What language does your child use most often when speaking with friends?

When a parent or guardian responds that their child uses a language other than or in addition to English, the school must assess the child to determine whether the child is an ML or is proficient in English. However, the Home Language Survey is intended to be one of many means to identify potential multilingual learners. See additional information and sample Home Language Surveys in Chapter 1 of the English Learner Toolkit.

Note: Home Language Surveys are not intended (and should not be used) as the only means for identifying MLs. Federal law expects that local education agencies, under direction from their state education agency, will use state-approved assessments as well as parent/guardian and student interviews in a language that is meaningfully understood, teacher input, and student performance in class and on assessments to identify its MLs.

Figure 1.3: Identification Process of Multilingual Learners

In addition, it is important to know that parents/guardians have a legal right to information in a language they comprehend meaningfully.

According to federal law, schools and districts must Schools must "communicate information to limited English proficient parents in a language they can understand about any program, service, or activity that is called to the
attention of parents who are proficient in English." (U.S. Department of Justice, Civil Rights Division and U.S. Department of Education, n.d.-b)

According to Every Children Succeeds Act (ESSA, Title III, Section 2, 2015 , p. 59) schools and districts must provide:

 "outreach to parents of English learners to inform the parents regarding how the parents can—

(I) be involved in the education of their children; and 

(II) be active participants in assisting their children to— 

(aa) attain English proficiency;

(bb) achieve at high levels within a well-rounded education; and 

(cc) meet the challenging State academic standards expected of all students."

Further, the Every Child Succeeds Act of 2015 amplifies the U.S. Department of Justice Civil Rights Division and U.S. Office of Civil Rights (2015) Information for Limited English Proficient (LEP) Parents and Guardians and for Schools and School Districts that Communicate with Them which states that schools must "communicate information to parents/guardians in a language they can understand about any program, service, or activity that is called to the attention of parents who are proficient in English. This includes, but is not limited to, information related to:

• registration and enrollment in school
• grievance procedures and notices of school programs nondiscrimination
• language assistance programs
• parent handbooks
• report cards
• gifted and talented programs
• student discipline policies and procedures
• magnet and charter schools
• special education and related services, and requests for parent permission for meetings to discuss special education student participation in school activities
• parent-teacher conferences."

The ESSA Act (2015) requires that schools communicate with parents/guardians of multilingual learners in a meaningful way so that parents/guardians can make an informed decision about their child. As such, schools must explain:

• why it believes a child is an English learner;
• the level of proficiency in English (e.g., how well the child speaks, reads, writes, and understands English) and how the child was assessed to determine this level of proficiency;
• the type of language assistance program that will support the child's language and academic learning needs and how it will help the child succeed in school;
• the steps that will be taken to support a child to become proficient in English and successfully transition from the language education assistance program. They'll explain the steps your child needs to take to finish the English learning program;
• if a child has a disability, the school will provide information on how the language education program will work in conjunction with a child's Individualized Education Plan.

Tools for Educators

These tools can support educators in identifying MLs. A PDF version of these questions is available.

Copyright© 2023 by Corwin. All rights reserved. Adapted from Transforming Schools for Multilingual Learners: A Comprehensive Guide for Educators, Second Edition by Debbie Zacarian. Thousand Oaks, CA: Corwin, www.corwin.com. Posted with permission from Corwin Press.