Governor Phil Murphy • Lt. Governor Tahesha Way

Identification of Students as Multilingual Learners

Multilingual learners are students with a primary language other than English who are in the process of developing proficiency in English. New Jersey local education agencies (LEA) must follow the below steps for identifying students who may be multilingual learners and therefore must be provided English language services.

Under section 3113(b)(2) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA). each State Educational Agency (SEA) is required to establish and implement standardized statewide procedures for multilingual learners (MLs) to enter and exit from ML status and language instruction educational programs (LIEPs) (Non-Regulatory Guidance: English Learners and Title III, Revised 2019). New Jersey’s Administrative Code for Bilingual Education (N.J.A.C. 6A: 15) mandates that Local Education Agencies (LEAs) begin the process to assess for a student’s ML status upon their enrollment. Local Educational Agencies must implement the standardized, statewide entrance and exit procedures for MLs, including an assurance that all students who may be MLs are assessed for such status in a timely manner such that the parent notification requirements are met (N.J.A.C. 6A:15-1.12).

Each LEA must follow the multi-step process for identification of multilingual learners, pursuant to N.J.A.C. 6A:15-1.3.   

Step 1: Administer the home language survey (HLS) to all 3- to 21-year-old students enrolled regardless of the student’s place of birth or spoken language. 

Step 2: Conduct a records review for all 3- to 21-year-old students for whom the HLS indicated to continue to records review. This is a required step and must be documented as part of the student’s record. 

Step 3: Administer an English language proficiency assessment for identification to any Kindergarten to grade 12 students who is eligible based on Steps 1 and 2. This step does not apply to preschool students. 

Any individual with knowledge of the student or ability to interview can complete the HLS. The HLS can be completed by a parent/guardian, or trained intake or front office staff. It can be completed verbally or in writing and must be in a language comprehensible to the parent or family.  Forms can be provided to families through email, or a hard copy can be provided or sent home. 

Questions on the HLS may not be altered and must be read verbatim, if administered verbally. Staff may clarify questions in an unbiased manner (e.g., use a district script, if available), but staff may not prompt or lead the parent to a response. The HLS must be retained in each student’s school record, regardless of whether the student is ultimately identified as a multilingual learner. 

State Home Language Survey 

The home language survey (HLS) is used solely to offer appropriate educational services (U.S. ED EL Toolkit, Chapter 1). This mandatory survey is the first of three steps to identify whether a student is a multilingual learner. The survey shall be completed, in writing, or by verbal interview by any individual with knowledge of the student, such as a parent(s), trained school district personnel, or a bilingual or ESL teacher (N.J.A.C. 6A:15-1.3). "Home" is defined as a student's current place of residence. 

The statewide home language survey has been translated into the top languages spoken by multilingual learners in NJ. 

LEAs should use the District Guide to determine whether the information received in the HLS indicates "proceed to Step 2" of the identification process. 

Conduct a records review, by a staff member who possesses a valid NJ instructional certificate, of any 3- to 21-year-old student for whom the HLS indicated to continue to Record Review. This is a required step and must be documented as part of the student’s record. It is also an opportunity to get to know the student and family and share the benefits of the LEA’s language instruction educational programs (LIEPs). This step may include:

  • Review any records including those from outside the district.
    • What do the transcripts say about the student's performance?
    • In what language were prior assessments taken? How did the student perform?
    • Has the student ever been identified as a multlingual learner?
  • Observations made by teaching staff.
    • Using the WIDA Rubrics to recognize what speaking and writing looks like at various ELP levels, what information can be gathered about the student's linguistic ability?
    • Is the learner in preschool?
    • Is the learner also a student with disabilities? (If yes, see Multilingual Learners with Disabilities).
  • Interview the student and/or parent in their primary language.
    • Is there a preference or ease when speaking one language?
    • In what spaces or ways is English and/or the primary language used?

Use the information collected from the records review process to complete the following:

  • Indicator 1 – The student has never been identified as a multilingual learner and has been attending any Kindergarten to grade 12 English-language U.S. school for more than 3 consecutive years.
    • Yes – Identification process is complete. The student is not a multilingual learner.
    • No – Go to Indicator 2.
  • Indicator 2 – The student was identified as a multilingual learner and was exited using an approved WIDA ELP Assessment from NJ or another WIDA state within the past school year. (Note: The LEA shall have evidence of the score report available).
    • Yes – Identification process is complete. The student is not a multilingual learner.
    • No – Go to Indicator Step 3, Administer a NJDOE approved ELP assessment (See Approved ELP Assessments).

For preschool, there is no testing. If ‘No’ was answered to either Indicator 1 or 2, the student may be identified as a multilingual learner. A resource supplement is provided in the Resource section.

All students grade Kindergarten to 12 found eligible through Steps 1 and 2 must be administered a NJDOE approved ELP assessment, by a bilingual/ESL certified teacher.

If the student does not meet the NJDOE established cut score, the student is considered a multilingual learner and shall be offered entry into the LEA’s language instruction educational program (LIEP).

For Preschool Student Entering Kindergarten

See Preschool Multilingual Learners.

For Kindergarten Students

  1. The student is administered the ELP assessment (See NJ Approved ELP Assessments, NJDOE Approved ELP Assessments).
    • Yes, the student is a multilingual learner: Student’s composite score is below a 4.5.
    • No, student is not a multilingual learner: Student’s composite score is a 4.5 or above.

For Students in Grade 1 to Grade 12

  1. The student is administered the ELP assessment (all four domains).
    • Yes, the student is a multilingual learner: Student’s composite score is below a 4.5.
    • No, student is not a multilingual learner: Student’s composite score is a 4.5 or above.

Each LEA shall maintain a roster of all students who are screened and students who are identified as multilingual. For record keeping, the roster should include the test name administered, the date of test administration, and overall composite score for all students who are screened.

Scenario 1: The home language survey (HLS) was sent home for a parent to complete. The HLS suggests a language other than English is spoken at home. School staff contact the parent to set up a records review. The parent clarifies they did not fully read the HLS and answered incorrectly. Based on a review of the student’s prior school records and the family information, the staff agrees the student’s primary language is English. Step 3, administering an ELP assessment screening for identification is not needed. The staff documents this information as part of Step 2. The student is not identified as a multilingual learner.
Scenario 2: The home language survey (HLS) is completed during intake. The student comes from a home where the parents normally speak Amharic. Staff learn the student was born in Ohio and moved to New Jersey. He will be enrolled in a New Jersey school as a first grader. The student also speaks Ahmaric at home. The student may be identified as a multilingual learner depending on the results of the ELP assessment used to screen for identification.
Scenario 3: The home language survey (HLS) was completed at intake. The HLS suggests a language other than English is spoken at home. School staff conduct a verbal records review with the parent. The parent shares that the 9-year-old boy was born in Mexico and Spanish is the language they speak at home. The parent also shares that while in Mexico the boy studied English at a private language institute. The staff documents this information in the student’s record as part of Step 2. The staff should proceed to Step 3, administering an ELP assessment screening for identification. The student may be identified as a multilingual learner depending on the results of the ELP assessment used to screen for identification.

Chapter 192 programs provide nonpublic school students with auxiliary services such as compensatory education, English language services and home instruction.  Nonpublic students who are identified as multilingual learners may receive supplementary language services through Chapter 192.  Additional information can be found on the NJDOE Nonpublic School Services page.

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Identification of Students as Multilingual Learners Statewide

  • Under the federal Every Student Succeeds Act (ESSA), Section 3102 specifies that these students must be:

    • Aged 3 to 21;
    • Enrolled or preparing to enroll in an elementary or secondary school; and
    • Not born in the United States or whose primary language is other than English.

  • Important to Know

    • Can a student born in Puerto Rico be identified as a multilingual learner?
      • Yes.
    • Can a student born in the mainland U.S. be identified as a multilingual learner?
      • Yes.
    • Can a student be identified as a multilingual learner and as a student with disabilities?
      • Yes.