50-State Comparison: English Learner Policies
Which program approaches does state policy authorize?
May 2020
Research is mixed about which program approaches are most effective, but researchers agree that English learners perform better academically and achieve greater language proficiency when they have some type of English language instruction. Program approaches vary widely, but the most common types include:
A resource from the National Clearinghouse on English Language Acquisition details the types of language instruction education programs that focus on developing students’ literacy in two languages. Many states include some or all of these options in state guidance to districts or local education agencies when choosing a program of instruction for English learners.
The information in this resource was gathered from state statutes and regulations and does not include policies in state-level guidance documents or arising from court orders. View the full 50-State Comparison: English Learner Policies here.
- English as a Second Language: Academic content is taught in English in mainstream classrooms, and students receive ESL instruction to develop English language skills.
- Sheltered English/Structured English Immersion: Academic content is taught only in English and in EL-only classrooms. Instruction is adjusted to students’ English proficiency levels.
- Bilingual/Bilingual-Bicultural: English learners receive academic instruction in English and a second language, eventually transitioning to English instruction only with a goal of moving to a mainstream classroom. Transitional bilingual programs complete these transitions rapidly.
- Dual language immersion/two-way bilingual: Students are taught academic content in two languages with a goal of developing proficiency in both languages. Some programs include both English learners and English-only students.
A resource from the National Clearinghouse on English Language Acquisition details the types of language instruction education programs that focus on developing students’ literacy in two languages. Many states include some or all of these options in state guidance to districts or local education agencies when choosing a program of instruction for English learners.
The information in this resource was gathered from state statutes and regulations and does not include policies in state-level guidance documents or arising from court orders. View the full 50-State Comparison: English Learner Policies here.
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STATE
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Which program approaches does state policy authorize?
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Source
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| Federal Law | School districts must provide English learners with appropriate language assistance services. Language assistance services or programs for EL students must be educationally sound in theory and effective in practice; however, federal law does not require any particular program or method of instruction for EL students. EL programs must be designed and reasonably calculated to enable EL students to attain both English proficiency and participate at a comparable level to non-EL peers in the academic program within a reasonable length of time. Students in EL programs must receive appropriate language assistance services until they are proficient in English and can participate meaningfully in the district’s educational programs without language assistance services. |
Dear Colleague Letter: English Learner Students and Limited English Proficient Parents (2015) |
| Alabama | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Alaska | District choice | Alaska Admin. Code tit. 4, § 34.055 |
| Arizona | Sheltered English Immersion or Alternative English Instruction | Ariz. Rev. Stat. Ann. §15-752 Ariz. Rev. Stat. Ann. §15-756.01 Ariz. Rev. Stat. Ann. §15-756.02 Ariz. Admin. Code R7-2-306(E) |
| Arkansas | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| California | Structured English Immersion Program which includes Designated and Integrated English Language Development | Cal. Code Regs tit. 5, § 11309 Cal. Educ. Code § 305 |
| Colorado | LEAs chose from: Bilingual, English as a Second Language, or any other methods that achieve the purposes of the English Language Proficiency Act | Colo. Code Regs. § 301-10:2224-R-3.00 Colo. Rev. Stat. Ann. § 22-24-104(4) |
| Connecticut | English as a Second Language, Sheltered English, English Immersion, or other research-based language development programs. | Conn. Gen. Stat. § 10-17f(b) & (d) |
| Delaware | District choice: programs of instruction for English learners shall include formal instruction to increase English language proficiency and instruction in academic subjects which is designed to provide ELs with access to the regular curriculum. | Code Del. Regs. 14 920:3.1 |
| District of Columbia | Bilingual or English as a Second Language | D.C. Mun. Regs. tit. 5-E, § 3100 |
| Florida | English for Speakers of Other Languages (ESOL) instruction in English and ESOL instruction or home language instruction in the basic subject areas. | Fla. Stat. Ann. § 1003.56 |
| Georgia | English for Speakers of Other Languages (ESOL), including the pull-out model, push-in model or dual-language immersion model | Ga. Comp. R. & Regs. 160-4-5-.02 |
| Hawaii | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Idaho | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Illinois | Transitional Bilingual Education | 105 Ill. Comp. Stat. Ann. 5/14C-1 |
| Indiana | Bilingual-Bicultural Program | Ind. Code Ann. § 20-30-9-2 |
| Iowa | English as a Second Language or Transitional Bilingual Instruction | Iowa Admin. Code r. 281-60.3 |
| Kansas | Bilingual education | Kan. Stat. Ann. § 72-3609 |
| Kentucky | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Louisiana | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Maine | Transitional instruction using bilingual techniques. | Me. Rev. Stat. tit. 20-A, § 4701 |
| Maryland | Local school system choice | Md. Code Regs. 13a.05.07.03 |
| Massachusetts | Sheltered English Immersion or an alternative instructional program that meets the requirements of federal and state law, including transitional bilingual education and dual language education. | Mass. Gen. Laws Ann. 71A, § 4 |
| Michigan | Bilingual Instruction | Mich. Comp. Laws Ann. § 380.1152 |
| Minnesota | English as a Second Language or Bilingual Education Program | Minn. Stat. Ann. § 124D.59 |
| Mississippi | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Missouri | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Montana | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Nebraska | English as a Second Language or Bilingual Program | 92 Neb. Admin. Code Ch. 15, § 002 |
| Nevada | Bilingual program of instruction or program of instruction that teaches English language acquisition | Nev. Admin. Code 388.640 Nev. Admin. Code 388.605 Nev. Admin. Code 388.615 |
| New Hampshire | Bilingual Education | N.H. Rev. Stat. Ann. § 189:19 |
| New Jersey | Bilingual, English as a second language, or English language services education program | N.J. Admin. Code § 6A:15-1.10 |
| New Mexico | Bilingual Multicultural Education Program: dual language immersion, enrichment, heritage language, maintenance or transitional | N.M. Stat. Ann. § 22-23-2 N.M. Stat. Ann. § 22-23-4 N.M. Admin. Code 6.32.2.12 |
| New York | Bilingual Education or English as a Second Language | N.Y. Educ. Law § 3204 |
| North Carolina | English as a Second Language (ESL), bilingual Education or programs which provide neither instruction in the native language nor direct instruction in ESL but which adapt instruction to meet the needs of these students. | 16 N.C. Admin. Code 6D.0106 |
| North Dakota | District choice | N.D. Cent. Code Ann. § 15.1-38-02 |
| Ohio | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Oklahoma | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Oregon | Dual language or two-way bilingual grant program and structured English immersion | Or. Admin. R. 581-018-0200 Or. Rev. Stat. Ann. § 336.079 |
| Pennsylvania | Bilingual-Bicultural Program or English as a Second Language | 22 Pa. Code § 4.26 |
| Rhode Island | English as a Second Language, Sheltered Content Instruction, Collaborative ESL & General Education, Bilingual Education, Two-Way/Dual Language, or Newcomer Program | R.I. Code R. 20-30-3.10 |
| South Carolina | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| South Dakota | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Tennessee | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Texas | Bilingual education, instruction in English as a Second Language (ESL), or other transitional language instruction approved by the state department of education in post-elementary grades through grade 8. Instruction in ESL in grades 9 through 12. |
Tex. Educ. Code Ann. § 29.053 |
| Utah | Dual language immersion | Utah Admin. Code r. 53f-2-502 |
| Vermont | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Virginia | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Washington | Transitional bilingual program or an alternative program. | Wash. Admin. Code 392-160-010 Wash. Admin. Code 392-160-035 Wash. Admin. Code 392-160-010 |
| West Virginia | School districts must provide a research-based alternative language program to facilitate the student's achievement of English proficiency and the academic content standards. | W. Va. Code R. § 126-15-3 |
| Wisconsin | Bilingual-Bicultural Education Program | Wis. Stat. Ann. § 115.96 |
| Wyoming | Governed by the department of education’s EL guidebook or federal law rather than state policy. |