Official Site of The State of New Jersey
Incorrectly Identified Students
In New Jersey, all LEAs shall follow the required multi-step process pursuant to N.J.A.C. 6A:15 (see Identification of Multilingual Learners). Therefore, the identification of a multilingual learner in one LEA should rarely differ from that of another LEA in NJ.
- Review the identification process and determine whether each step has been appropriately followed.
- Collect evidence about the student’s language background, academic performance and progress, any interventions implemented (e.g., NJTSS) and special education needs, if applicable, and document any notes regarding the identification process.
- Consult with the student’s parent about the possible misidentification and determine whether the parent agrees.
If the LEA considers an error has occurred, the evidence collected should be submitted to the NJDOE.
- Using the Three-Year Plan application upload the evidence collected via NJDOE Homeroom. Note: All evidence shall include the county and district code (00-0000) in the filename.
- Complete Statement of Assurance
Send a notification to ML@doe.nj.gov with subject line: Incorrect Identification (County Code-DistrictCode). Note: Do not submit any student personally identifying information via email.
The NJDOE will contact the LEA for next steps and determine whether the student has been correctly or incorrectly identified. Next steps include, but are not limited to:
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- Addressing any parts of the required multi-step process which were not procedurally followed correctly.
- Determining the correct identification for the student (e.g., continue as a multilingual learner, identify student as multilingual learner or correct identification).
- Completing the “Resolution of Multilingual Learner Misidentification” Form and upload to Homeroom LIEP Three-Year Plan.
- Notifying LEA of determination and provide instruction on how to correct NJ SMART data entry (See Reporting Multilingual Learners in NJSMART).
Determinations are made on a case-by-case basis.
Q. A transfer student from another WIDA state was screened for identification and received a 4.2 composite score. At the time, the LEA had not received any school records from the prior school. After the 30-day period, the LEA received the school records and realized the student had been exited from a LIEP three years prior. Does the student still need to continue as a multilingual learner?
A. If the LEA had received the student’s school records in a timely manner, the records review would have indicated the student was already exited from a LIEP and the student would not have been screened for identification. At this time, if the school staff observe the student may not need services (as evidenced by data), schedule a meeting with the parent. If the parent determines their child should continue in the program, the student should continue as a multilingual learner. If the parent agrees, the student should not have been identified, follow the steps in the LEA and NJDOE Responsibility tabs above.
Q. The parent completed the home language survey and indicated English. No further steps were taken as part of the multi-step identification process. A teacher notices the student speaks a creolized English and recommends the student is administered an ELP assessment for identification. Can this be done?
A. While the home language survey was completed correctly, and staff correctly followed procedural steps, it is important to ensure that if a student speaks a form of English which is different enough from English in the U.S., then the student may require language supports. An LEA can have a meeting with a parent to discuss possible language support needs. If the parent wants their child screened, the LEA may do so by following the steps in the LEA and NJDOE Responsibility tabs above. If the parent does not want their child screened, the LEA shall continue to support the student through instructional adaptations (N.J.A.C. 6A:8-3.1).
Q. A student with a disability was identified as a multilingual learner four years ago. The LEA feels language is not the issue and the student was incorrectly identified as a multilingual learner. Can the student be exited?
A. Once the student is identified as a multilingual learner, the student cannot be exited unless the student demonstrates proficiency in one of the approved ELP tests. If the LEA feels the student was incorrectly identified, the LEA may follow the steps in the LEA and NJDOE Responsibility tabs above. Note, a student shall continue to receive both services until otherwise determined.
Q. A student is not identified as a multilingual learner, but a teacher considers the student may be. Can I administer the ELP assessment for identification?
A. The LEA should investigate whether the multi-step process was completed correctly. The LEA may contact the parent and confirm whether the HLS is correct. If the parent indicates the HLS was answered correctly, the student should not be screened. If the parent indicates, the HLS was completed incorrectly, the LEA may follow the steps under the LEA Responsibility tab.
Q. A student is new to the LEA. The home language survey suggests no language other than English is spoken at home. The identification process is complete. The LEA later in the same school year receives school records from the prior school and a review of the student’s educational history shows prior ACCESS tests scores. Do I screen the student for identification?
A. This discrepancy should be investigated. Communicate with the parents if a possible error occurred with the HLS. As part of the records review, check prior school records and record observations from current teachers. If the records review indicate Step 3, administer ELP assessment should have been completed, follow the steps in the LEA and NJDOE Responsibility tabs above.
Q. A student is identified as a multilingual learner this school year. A teacher observes the student’s English language proficiency is not an issue. Instead, the teacher considers a learning disability may have impacted the student’s ELP assessment screening score. Can I exit the student?
A. Once the student is identified as a multilingual learner, the student cannot be exited unless the student demonstrates proficiency in one of the approved ELP tests. However, if the original identification was an error, the LEA may follow the steps in the LEA and NJDOE Responsibility tabs above. Note, a student shall receive both services, if needed. It is illegal to prioritize one program or service over another.