New Jersey Department of Education

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. 

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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