Instruction
Administrative Regulation No. 6174
Regulation reviewed: February 6, 2020
Revised: May 30, 2024
Updated: May 12, 2025
Education for English Learners (also known as Multilingual Learners)
Definitions
English learner or multilingual learner means a student who is age 3-21 years, who is enrolled or is preparing to enroll in an elementary or secondary school, and whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the student the ability to meet state academic standards, the ability to successfully achieve in classrooms where the language of instruction is English, or the opportunity to participate fully in society. An English learner may include a student who was not born in the United States or whose native language is a language other than English; a student who is Native American or Alaska Native, or a native resident of the outlying areas, who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or a student who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant. (Education Code 306; 20 USC 7801)
Designated English language development means instruction provided during a time set aside in the regular school day for focused instruction on the state-adopted English language development standards to assist English learners to develop critical English language skills necessary for academic content learning in English. (5 CCR 11300)
Integrated English language development means instruction in which the state-adopted English language development standards are used in tandem with the state-adopted academic content standards. Integrated English language development includes specially designed academic instruction in English. (5 CCR 11300)
Long-term English learner means:
1. For the purpose of setting the local control and accountability plan (LCAP) priorities, a student who has not attained English language proficiency within seven years of initial classification as an English learner (Education Code 52052)
2. For the purpose of English language proficiency assessment, an English learner in grades 6- 12 who has been enrolled in school in the United States for six years or more and who either: (Education Code 313.1)
a. Has remained at the same English language proficiency level for two or more consecutive years, or has regressed to a lower proficiency level; or
b. Is a student in grades 6-9 who has scored far below basic or below basic on the prior year's English language arts standards-based achievement test, or a score determined by the Superintendent of Public Instruction on any successor test
Native speaker of English means a student who has learned and used English at home from early childhood and English has been the primary means of concept formation and communication. (Education Code 306)
Identification and Assessments
Upon enrollment in the district, each student's primary language shall be determined through the use of a home language survey. (Education Code 52164.1; 5 CCR 11307, 11518.5)
Any student in kindergarten or grades 1-12, not including transitional kindergarten, who is identified as having a primary language other than English, as determined by the home language survey, and who has not previously been identified as an English learner by a California public school or for whom there is no record of results from an administration of an English language proficiency test, shall be initially assessed for English proficiency using the English Language Proficiency Assessments for California (ELPAC). Prior to administering the ELPAC, the Superintendent or designee shall notify the student's parent/guardian in writing that the student will be administered the initial ELPAC. (Education Code 313, 52164.1; 5 CCR 11518.5)
Administration of the ELPAC, including the use of variations and accommodations in test administration when authorized, shall be conducted in accordance with test publisher instructions and 5 CCR 11518.5-11518.37.
Based on the initial assessment, the student shall be classified either as Initial Fluent English Proficient or as an English learner. The Superintendent or designee shall notify the student's parent/guardian, in writing, of the results of the ELPAC initial assessment within 30 calendar days after the student's date of initial enrollment, or, if administered prior to the student's initial date of enrollment, up to 60 calendar days prior to such enrollment, but not before July 1 of the school year of the student's initial enrollment. The notice shall indicate whether the student met
the ELPAC initial assessment criterion for proficiency and include the district's contact information for use if the parent/guardian has questions or concerns regarding the student's classification. (5 CCR 11518.5)
Each year after a student is identified as an English learner and until the student is redesignated as English proficient, the summative assessment of the ELPAC shall be administered to the student during a four-month period after January 1 as determined by the California Department of Education. (Education Code 313)
The Superintendent or designee shall notify parents/guardians of their child's results on the summative assessment of the ELPAC within 30 calendar days following receipt of the results from the test contractor or, if the results are received from the test contractor after the last day of instruction for the school year, within 15 working days of the start of the next school year. (Education Code 52164.1; 5 CCR 11518.15)
The parent/guardian of a student participating in, or identified for participation in, a language instruction program supported by federal Title I or Title III funds shall receive notification of the assessment of the student's English proficiency. Such notice shall be provided no later than 30 calendar days after the beginning of the school year or, if the student is identified for program participation during the school year, within two weeks of the student's placement in the program. The notice shall include all of the following: (Education Code 313.2, 440; 20 USC 6312)
1. The reason for the identification of the student as an English learner and the need for placement in a language acquisition program
2. The level of English proficiency, how the level was assessed, and the status of the student's academic achievement
3. A description of the language acquisition program in which the student is, or will be, participating, including a description of all of the following:
a. The methods of instruction used in the program and in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction
b. The manner in which the program will meet the educational strengths and needs of the student
c. The manner in which the program will help the student develop English proficiency and meet age appropriate academic standards for grade promotion and graduation
d. The specific exit requirements for the program, the expected rate of transition from the program into classes not tailored for English learners, and the expected rate of graduation from secondary school if applicable
e. When the student has been identified for special education, the manner in which the program meets the requirements of the student's individualized education program
4. As applicable, the identification of a student as a long-term English learner or at risk of becoming a long-term English learner, as defined in Education Code 313.1, and the manner in which the program for English language development instruction will meet the educational strengths and needs of such students and help such students develop English proficiency and meet age-appropriate academic standards
5. Information about the parent/guardian's right to have the student immediately removed from a program upon the parent/guardian's request
6. Information regarding a parent/guardian's option to decline to enroll the student in the program or to choose another program or method of instruction, if available
7. Information designed to assist a parent/guardian in selecting among available programs, if more than one program or method is offered
Language Acquisition Programs
Whenever parents/guardians of enrolled students, and those enrolled for attendance in the next school year, request that the district establish a specific language acquisition program in accordance with Education Code 310, such requests shall be addressed through the following process: (5 CCR 11311)
1. The school shall make a written record of each request, including any request submitted verbally, that includes the date of the request, the names of the parent/guardian and student making the request, a general description of the request, and the student's grade level on the date of the request
As needed, the school shall assist the parent/guardian in clarifying the request.
All requests shall be maintained for at least three years from the date of the request in accordance with Board Policy 3580 - District Records.
2. The school shall monitor requests on a regular basis and notify the Superintendent or designee when the parents/guardians of at least 30 students enrolled in the school, or at least 20 students in the same grade level, request the same or a substantially similar type of language acquisition program
If the requests are for a multilingual program model, the district shall consider requests from parents/guardians of students enrolled in the school who are native English speakers in determining whether this threshold is reached.
3. If the number of parents/guardians described in Item #2 is attained, the Superintendent or designee shall:
a. Within 10 days of reaching the threshold, notify the parents/guardians of students attending the school, the school's teachers, administrators, and the district's English Learner Parent Advisory Committee and parent advisory committee, in writing, of the requests for a language acquisition program
b. Identify costs and resources necessary to implement any new language acquisition program, including, but not limited to, certificated teachers with the appropriate authorizations, necessary instructional materials, pertinent professional development for the proposed program, and opportunities for parent/guardian and community engagement to support the proposed program goals
c. Within 60 calendar days of reaching the threshold number of parents/guardians described in Item #2 above, determine whether it is possible to implement the requested language acquisition program and provide written notice of the determination to parents/guardians of students attending the school, the school's teachers, and administrators
If a determination is made to implement the language acquisition program, create and publish a reasonable timeline of actions necessary to implement the program. If a determination is made that it is not possible to implement the program, provide a written explanation of the reason(s) the program cannot be provided. The district shall notify parents/guardians at the beginning of each school year or upon the student's enrollment regarding the process to
request a language acquisition program, including a dual-language immersion program, for their child. The notice shall also include the following: (5 CCR 11309, 11310)
1. A description of the programs provided, including structured English immersion
2. Identification of any language to be taught in addition to English when the program includes instruction in a language other than English
3. The manner in which the program is designed using evidence-based research and includes both designated and integrated English language development
4. The manner in which the district has allocated sufficient resources to effectively implement the program, including, but not limited to, certificated teachers with the appropriate authorizations, necessary instructional materials, pertinent professional development, and opportunities for parent/guardian and community engagement to support the program goals
5. The manner in which the program will, within a reasonable period of time, lead to language proficiency and achievement of the state-adopted content standards in English and, when the program includes instruction in another language, in that other language
6. The process to request establishment of a language acquisition program not offered at the school
7. For any dual-language immersion program offered, the specific languages to be taught
The notice also may include the program goals, methodology used, and evidence of the proposed program's effectiveness.
The district shall provide additional and appropriate educational services to English learners for the purposes of overcoming language barriers and academic deficits in other areas of the core curriculum. (5 CCR 11302)
Advisory Committees
A school-level English Learner Advisory Committee (ELAC) shall be established when there are more than 20 English learners at the school. Parents/guardians of English learners, elected by parents/guardians of English learners at the school, shall constitute committee membership in at least the same percentage as English learners represent of the
total number of students in the school. The school may designate for this purpose an existing school-level advisory committee provided that it meets these criteria for committee membership. (Education Code 52176; 5 CCR 11308)
The ELAC shall be responsible for assisting in the development of a schoolwide needs assessment, recommending ways to make parents/guardians aware of the importance of regular school attendance, and advising the principal and school staff in the development of a detailed master plan for English learners for the individual school and submitting the plan to the Governing Board for consideration for inclusion in the district master plan. (Education
Code 52176)
When the district has more than 50 English learners, the Superintendent or designee shall establish a District English Learner Advisory Committee (DELAC), the majority of whose membership shall be composed of parents/guardians of English learners who are not employed by the district. Alternatively, the district may use a subcommittee of an existing districtwide advisory committee on which parents/guardians of English learners have membership in at least the same percentage as English learners represent of the total number of students in the district. (Education Code 52176)
The DELAC shall advise the Board on at least the following tasks: (5 CCR 11308)
1. Developing a district master plan, including policy(ies), for education programs and services for English learners, taking into consideration the school site plans for English learners
2. Conducting a districtwide needs assessment on a school-by-school basis
3. Establishing a district program, goals, and objectives for programs and services for English learners
4. Developing a plan to ensure compliance with applicable teacher or instructional aide requirements
5. Administering the annual language census
6. Reviewing and commenting on the district's reclassification procedures
7. Reviewing and commenting on the required written parental notifications
In order to assist the advisory committee in carrying out its responsibilities, the Superintendent or designee shall ensure that DELAC and ELAC committee members receive appropriate training and materials. This training shall be planned in full consultation with the members. (5 CCR 11308)
Local Control and Accountability Plan (LCAP) Advisory Committee
When there are at least 15 percent English learners in the district, with at least 50 students who are English learners, a district-level English Learner Parent Advisory Committee shall be established to review and comment on the district's LCAP. Such advisory committee shall provide input regarding the district's existing language acquisition programs and language programs, and, where possible, the establishment of other such programs, in accordance with Board Policy 0460 - Local Control and Accountability Plan. The committee shall be composed of a majority of parents/guardians of English learners. If the DELAC acts as the ELAC pursuant to Education Code 52063 and 52062, the DELAC shall also review and comment on the development or annual update of the LCAP. (Education Code 52062, 52063; 5 CCR 11301, 15495)
The DELAC may also serve as the LCAP ELAC, as specified in Board Policy 0460 - Local Control and Accountability Plan
Policy Reference Disclaimer: These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the Governing Board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
State Description
5 CCR 11300-11316 English learner education
5 CCR 11510-11517.5 California English Language Development Test
5 CCR 11517.6-11519.5 English Language Proficiency Assessments for California
5 CCR 853 Administration of CAASPP
5 CCR 854.9 CAASPP and unlisted resources for students with disabilities
Ed. Code 200 Prohibition of discrimination
Ed. Code 300-340 English language education for immigrant children
Ed. Code 310 Language acquisition programs
Ed. Code 313-313.5 Assessment of English proficiency
State Description
Ed. Code 33050 Nonwaivable provisions
Ed. Code 361 Statewide implementation plan for the “EL Roadmap Policy”
Ed. Code 42238.02 Local Control Funding Formula
Ed. Code 430-446 English Learner and Immigrant Pupil Federal Conformity Act
Ed. Code 44253.1-44253.11 Qualifications of teachers of English learners
Ed. Code 48345 Interdistrict instruction collaboration agreements
Ed. Code 48980 Parent/Guardian notifications
Ed. Code 48985 Notices to parents in language other than English
Ed. Code 52052 Accountability; numerically significant student subgroups
Ed. Code 52060-52077 Local control and accountability plan
Ed. Code 52160-52178 Bilingual Bicultural Act of 1976
Ed. Code 56305 CDE manual on English learners with disabilities
Ed. Code 60603 Definition; recently arrived English learner
Ed. Code 60640 California Assessment of Student Performance and Progress
Ed. Code 60811.8 Newcomer student; definition
Ed. Code 62002.5 Continuation of advisory committee after program sunsets
Federal Description
20 USC 1412 State eligibility
20 USC 1701-1721 Equal Educational Opportunities Act
20 USC 6311 State plan
20 USC 6312 Local educational agency plan
20 USC 6801-7014 Limited English proficient and immigrant students
20 USC 7011 Definition of immigrant children and youth
20 USC 7801 Definition of English learner
34 CFR 100.3 Prohibition of discrimination on basis of race, color or national origin
Management Resources Description
Attorney General Opinion 83 Ops.Cal.Atty.Gen. 40 (2000)
California Department of Education Communication Updated Reclassification Guidance for 2018-19
California Department of Education Communication Interim Guidance on Transitional Kindergarten Students and English Language Proficiency Testing, June 2024
California Department of Education Publication EL Roadmap Policy
California Department of Education Publication Summative English Language Proficiency Assessments for California, Assessment Fact Sheet, July 2023
California Department of Education Publication Englisher Learner, Federal Program Monitoring Instrument
California Department of Education Publication Monitoring Reclassified Students, December 2019
California Department of Education Publication California Practitioners’ Guide for Educating English Learners with Disabilities, 2019
California Department of Education Publication English Language Proficiency Assessments for California Information Guide, July 2023
California Department of Education Publication California Digital Learning Integration and Standards Guidance, May 2021
California Department of Education Publication Integrating the CA ELD Standards into K-12 Mathematics and Science Teaching and Learning, December 2015
California Department of Education Publication Accessibility Resources Matrix, 2022
California Department of Education Publication Next Generation Science Standards for California Public Schools, Kindergarten through Grade Twelve, rev. March 2015
California Department of Education Publication Reclassification Guidance for 2020-21 and Statewide Testing Window Extension, CDE Correspondence, June 14, 2021
California Department of Education Publication California English Learner Roadmap: Strengthening Comprehensive Educational Policies, Programs and Practices for English Learners, 2017
California Department of Education Publication Common Core State Standards for Mathematics, 2013
California Department of Education Publication English Language Development Standards for California Public Schools: Kindergarten Through Grade Twelve, 2012
California Department of Education Publication English Language Arts/English Language Development Framework for California Public Schools: Kindergarten through Grade Twelve, 2014
Commission on Teacher Credentialing Publication Bilingual Authorization Educator Preparation Preconditions, Program Standards, and Bilingual Teaching Performance Expectations, December 2021
Court Decision Valeria O. v. Davis (2002) 307 F.3d 1036
Court Decision California Teachers Association v. State Board of Education et al. (9th
Circuit, 2001) 271 F.3d 1141
Court Decision McLaughlin v. State Board of Education (1999) 75 Cal.App.4th 196
Court Decision Teresa P. et al v. Berkeley Unified School District et al (1989) 724 F.Supp.
698
CSBA Publication English Learners in Focus, Issue 1: Updated Demographic and Achievement
Profile of California's English Learners, Governance Brief, September 2016
CSBA Publication English Learners in Focus, Issue 3: Ensuring High-Quality Staff for English
Learners, Governance Brief, July 2016
CSBA Publication English Learners in Focus, Issue 4: Expanding Bilingual Education in
California after Proposition 58, Governance Brief, March 2017
CSBA Publication English Learners in Focus: The English Learner Roadmap: Providing
Direction for English Learner Success, Governance Brief, February 2018
CSBA Publication English Learners in Focus, Issue 2: The Promise of Two-Way Immersion
Programs, Governance Brief, September 2014
The Education Trust- West Publication Unlocking Learning: Science as a Lever for English Learner Equity, January
2017
The Education Trust- West Publication Unlocking Learning II: Math as a Lever for English Learner Equity, March
2018
U.S. Department of Education Publication
English Learners and Title III of the Elementary and Secondary Education
Act (ESEA), as Amended by the Every Student Succeeds Act (ESSA),
September 2016
U.S. Department of Education Publication Innovative Solutions for Including Recently Arrived English Learners in State
Accountability Systems: A Guide for States, January 2017
U.S. Department of Education Publication English Learner Tool Kit for State and Local Educational Agencies (SEAs and
LEAs), rev. November 2016
U.S. Department of Education Publication Dear Colleague Letter: English Learner Students and Limited English
Proficient Parents, January 7, 2015
Website Observation Protocol for Teachers of English Learners (OPTEL)
Website California Department of Education home language survey
Management Resources Description
Website Bilingual teacher professional development program
Website Bilingual teacher training programs
Website California Department of Education, English Language Proficiency Assessments for California (ELPAC)
Website CSBA District and County Office of Education Legal Services
Website National Clearinghouse for English Language Acquisition
Website The Education Trust-West
Website California Department of Education, English Learners
Website California Association for Bilingual Education
Website CSBA
Website U.S. Department of Education
Cross References Description
0200 Goals For The School District
0415 Equity
0420 School Plans/Site Councils
0420 School Plans/Site Councils
0460 Local Control And Accountability Plan
0460 Local Control And Accountability Plan
1220 Citizen Advisory Committees
1220 Citizen Advisory Committees
3100 Budget
3100 Budget
3580 District Records
3580 District Records
4112.22 Staff Teaching English Learners
4131 Staff Development
4231 Staff Development
4331 Staff Development
5020 Parent Rights And Responsibilities
5020 Parent Rights And Responsibilities
5126 Awards For Achievement
5126 Awards For Achievement
5148 Child Care And Development
5148 Child Care And Development
5148.3 Preschool/Early Childhood Education
5148.3 Preschool/Early Childhood Education
6000 Concepts And Roles
6011 Academic Standards
6020 Parent Involvement
6020 Parent Involvement
Cross References Description
6120 Response To Instruction And Intervention
6141 Curriculum Development And Evaluation
6141 Curriculum Development And Evaluation
6142.1 Sexual Health And HIV/AIDS Prevention Instruction
6142.1 Sexual Health And HIV/AIDS Prevention Instruction
6142.2 World Language Instruction
6142.2 World Language Instruction
6142.91 Reading/Language Arts Instruction
6151 Class Size
6152.1 Placement In Mathematics Courses
6152.1 Placement In Mathematics Courses
6159 Individualized Education Program
6159 Individualized Education Program
6161.1 Selection And Evaluation Of Instructional Materials
6161.1 Selection And Evaluation Of Instructional Materials
6161.1-E(1) Selection And Evaluation Of Instructional Materials
6161.11 Supplementary Instructional Materials
6162.5 Student Assessment
6162.51 State Academic Achievement Tests
6162.51 State Academic Achievement Tests
6164.5 Student Success Teams
6164.5 Student Success Teams
6164.6 Identification And Education Under Section 504
6164.6 Identification And Education Under Section 504
6170.1 Transitional Kindergarten
6171 Title I Programs
6171 Title I Programs
6172 Gifted And Talented Student Program
6172 Gifted And Talented Student Program
6173 Education For Homeless Children
6173 Education For Homeless Children
6173-E(1) Education For Homeless Children
6173-E(2) Education For Homeless Children
6173.1 Education For Foster Youth
6173.1 Education For Foster Youth
6173.2 Education Of Children Of Military Families
6173.2 Education Of Children Of Military Families
6175 Migrant Education Program
6175 Migrant Education Program
6190 Evaluation Of The Instructional Program