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1. What are the criteria for identification of an English language learner (ELL)?
(click on each state to go to a page on that state's policies)

California

Texas

Bilingual/ESL Education Commissioner's Rules
§89.1225. Testing and Classification of Students.
(a) For identifying limited English proficient students, districts shall administer to each student who has a language other than English as identified on the home language survey:
     (1) in prekindergarten through Grade 1, an oral language proficiency test approved by the Texas Education
     Agency (TEA); and
     (2) in Grades 2-12, a TEA-approved oral language proficiency test and the English reading and English language
     arts sections from a TEA-approved norm-referenced measure, or another test approved by TEA.
(b) Districts which provide a bilingual education program shall administer an oral language proficiency test in the home language of the students who are eligible for being served in the bilingual education program. If the home language of the students is Spanish, the district shall administer the Spanish version of the TEA-approved oral language proficiency test which was administered in English. If the home language of the students is other than Spanish, the district shall determine the students' level of proficiency using informal oral language assessment measures.
(c) All the oral language proficiency testing shall be administered by professionals or paraprofessionals who are proficient in the language of the test and trained in language proficiency testing.
(d) The grade levels and the scores on each test which shall identify a student as limited English proficient shall be established by TEA. The commissioner of education shall review the approved list of tests, grade levels, and scores annually and update the list.
(e) Students with a language other than English shall be administered the required oral language proficiency test within four weeks of their enrollment. Norm-referenced assessment instruments, however, may be administered within the established norming period.
(f) For entry into, or placement within, a bilingual education or English as a second language program, a student shall be identified as limited English proficient using the following criteria.
     (1) At prekindergarten through Grade 1, the score on the English oral language proficiency test is below the level
     designated for indicating limited English proficiency under subsection (d) of this section.
     (2) At Grades 2-12:
          (A) the student's score on the English oral language proficiency test is below the level designated for
          indicating limited English proficiency under subsection (d) of this section;
          (B) the student's score on the reading and language arts sections of the TEA-approved
          norm-referenced measure at his or her grade level is below the 40th percentile; or
          (C) the student's ability in English is so limited that the administration, at his or her grade level, of the
          reading and language arts sections of a TEA-approved norm-referenced assessment instrument or
          other test approved by TEA is not valid.
     (3) In the absence of data required in paragraph (2)(B) of this subsection, evidence that the student is not
     academically successful as defined in subsection (k) of this section is required.
(g) Within the four weeks of their initial enrollment in the district, students shall be identified as limited English proficient and enrolled into the required bilingual education or English as a second language program.