Legal Requirements for Districts Enrolling ELLs

There is no equality of treatment merely by providing students with the same facilities, textbooks, and curriculum, for students who do not understand English are effectively foreclosed from any meaningful education. Basic English skills are at the heart of what these schools teach. Imposition of a requirement that, before a child can effectively participate in the educational program, he must have already acquired those basic skills is to make a mockery of public education. We know that those who do not understand English are certain to find their classroom experiences wholly incomprehensible and in no way meaningful. (U.S. Supreme Court, 414 U.S. 56, Lau vs. Nichols, 1974).

In Wisconsin, each school board shall identify potential ELL students within the school district as part of the enrollment process using a home language survey and the state approved English proficiency assessment (PI 13.07). The HOME LANGUAGE SURVEY (HLS) is a required document as the first step in the ELL identification process in Wisconsin. The HLS must be completed for each student at the time of registration. Per the state statute (s.115.96 (1), Wis. Stats.), the school board shall identify students meeting any of the following criteria:

1. Pupils who communicate in a language other than English.
2. Pupils whose families use a language other than English.
3. Pupils who use a language other than English in daily non−school surroundings.

Many schools across the state are incorporating the HLS into their student registration forms. This system ensures a consistent use for all students enrolling in the district and avoids additional paperwork. Most importantly, such systematic use avoids subjectivity on the part of school staff.

Sample Home Language Survey (HLS):

HOME LANGUAGE SURVEY Please answer the following questions for each student
Is a language other than English spoken in the home on a regular basis?	YES       NO □            □       If YES, what language(s)?_______________
Does the student use language other than English on a regular basis?	YES      NO     If YES, what language(s)?_______________ □           □
Is the student currently receiving “English Language Learner” services?	YES     NO □          □
School Note: If any question is marked “YES”, then the district has a legal obligation to evaluate for limited-English proficiency following the WI identification process.  For more information see the following bulletin:  http://www.dpi.wi.gov/esea/pdf/bul_0701.pdf.

Further Resources:

• Chapter PI 13, Wis. Admin. Code, Limited English Proficient Pupils
• 115.95 - Bilingual-Bicultural Education.
• From the U.S. Dept. of Education, Office for Civil Rights: The Provision of an Equal Education Opportunity to Limited-English Proficient Students
• Policy Regarding the Treatment of National Origin Minority Students Who are Limited English Proficient
• Questions and Answers on the Rights of Limited-English Proficient Students
• From the U.S. Department of Justice, Civil Rights Division Discrimination Against English Language Learner Students
• State Statute and Federal Law Requiring Assessment of English Language Proficiency
• NCELA: A history of federal legislation related to ELLs

For questions about this information, contact Jacqueline Iribarren (608) 266-7292 or Tolu Sanabria (608) 267-9235.

Last updated on 10/17/2011 1:43:49 PM