50-State Comparison: English Learner Policies
What is the process for EL reclassification?
May 2020
The following information was gathered from state statute and regulation only. The information included here captures processes for the reclassification of English learners as English proficient. States provide for English language proficiency assessment administration, a review of student academic achievement and assessment results, and teacher observations and recommendations, among other methods for reclassification. For additional information, visit the state EL guidance documents.
View the full 50-State Comparison: English Learner Policies here.
View the full 50-State Comparison: English Learner Policies here.
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STATE
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What is the process for EL reclassification?
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Source
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| Federal Law | State and local education agencies must ensure the annual ELP assessment of all EL students and monitor their progress from year to year. The English language proficiency assessment must be valid, reliable, and aligned to state English language proficiency standards. To demonstrate proficiency on the ELP assessment and exit the English learner program, EL students must have either separate proficient scores in each language domain or a composite score of "proficient" derived from scores in all four language domains. | U.S. Department of Education 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 | Each district serving at least 8 students classified as English learners must develop a plan of service that includes procedures to monitor the progress of English learners. English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. | Alaska Admin. Code tit. 4, § 34.055 |
| Arizona | The process for reclassification is prescribed by the superintendent of public instruction. English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. Reclassified students must be transferred to "English language mainstream classrooms". | Ariz. Rev. Stat. Ann. § 15-756.05 |
| Arkansas | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| California | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. Teacher and parent involvement must be considered before reclassification. | Cal. Educ. Code § 313 Cal. Code Regs. tit. 5, § 11303 Cal. Code Regs. tit. 5, § 11304 |
| Colorado | English learners must be administered an English language proficiency test annually. A student must score above proficient on the English language proficiency assessment, and at least partially proficient on statewide core content assessments to exit English learner status. | 1 Colo. Code Regs. § 301-62:2224-R-2.00 |
| Connecticut | If 20 or more eligible students are identified, the local school district must administer a bilingual education program. The state board of education is charged with developing English mastery standards on which students in the bilingual education program are assessed annually. A student must score at or above proficient to exit the bilingual education program. | Conn. Gen. Stat. Ann. § 10-17f |
| Delaware | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. | Code Del. Regs. 14 900 |
| District of Columbia | The superintendent is charged with developing and implementing exit criteria for non- and limited- English proficient students. | D.C. Mun. Regs. Subt. 5-E, § 3101 |
| Florida | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient on the English language proficiency assessment and the statewide English language arts assessment to exit English learner status. A student may also exit an English language learner program upon a determination of proficiency by an ELL Committee after a review of student academic and assessment data. |
Fla. Admin. Code Ann. r. 6A-6.0903 |
| Georgia | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. A student who does not score proficient may be classified as English proficient following a reclassification review conducted by the local education agency. The procedure for a reclassification review is outlined in the statewide ESOL Resource Guide. |
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 | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. School districts may discontinue services for students who have participated in a transitional bilingual education program for three consecutive years even if a student has not achieved English language proficiency. If a district utilizes this authority, they must submit a plan to the state superintendent outlining actions to be taken to continue supporting the language acquisition of the student. |
Ill. Admin. Code tit. 23, § 228.25 |
| Indiana | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Iowa | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. Teacher observations and recommendations must be considered when making reclassification determinations. | Iowa Admin. Code r. 281-60.3(280) |
| Kansas | The state board of education is charged with developing exit procedures based on the English language proficiency of English learners. | Kan. Stat. Ann. § 72-3612 |
| Kentucky | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Louisiana | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. Students may receive an exemption from one or more of the domains tested in the English language proficiency assessment if a school submits a request for approval and supporting documentation prior to the testing window. | 28 La. Admin. Code Pt XI, 4001 |
| Maine | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Maryland | English learners must be administered an English language proficiency assessment annually. A student must meet a set overall composite proficiency score on the ACCESS for ELLs (K-12) or Alternate ACCESS for ELLs (1-12) English language proficiency assessments. | Md. Code Regs. 13A.05.07.03 Md. Code Regs. 13A.03.04.01 |
| Massachusetts | Each school district establishes reclassification criteria in accordance with department guidelines. | 603 Mass. Code Regs. 14.02 |
| Michigan | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Minnesota | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| 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. However, state policy outlines English language proficiency performance criteria associated with each English learner classification. | MT ADC 10.53.311 et seq |
| Nebraska | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. | 92 Neb. Admin. Code Ch. 15, 007 |
| Nevada | An English learner may be reidentified if their academic achievement and English language proficiency is assessed by the student's teacher and the teacher documents a recommendation for reidentification. English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. The parent or legal guardian must be notified of a reidentification determination and they must be allowed to participate in the final determination. |
Nev. Admin. Code 388.645 |
| New Hampshire | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| New Jersey | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. Reclassification determinations must also include a review of classroom performance, reading level in English, state achievement tests, and teacher recommendations. | N.J. Stat. Ann. § 18A:35-19.1 N.J. Admin. Code § 6A:15-1.10 |
| New Mexico | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. | N.M. Admin. Code 6.29.5 |
| New York | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient on the English language proficiency assessment and the statewide English language arts assessment to exit English learner status. | N.Y. Comp. Codes R. & Regs. tit. 8, § 154-2.3 |
| North Carolina | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. | 16 N.C. Admin. Code 6D.0312 |
| North Dakota | Each student must have a language support team and individualized language plan. The individualized language plan and classification as an English learner must be reviewed annually until the student has been reclassified as proficient by the language support team. English learners must be assessed in accordance with the North Dakota English language proficiency assessment process. | N.D. Admin. Code 67-28-01-03 N.D. Admin. Code 67-28-01-05 |
| 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 | School districts must develop a process for transitioning English learners out of EL services when they achieve proficiency on the English language proficiency assessment. English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. | Or. Admin. R. 581-023-0100 Oregon Department of Education Executive Numbered Memo 004-2018-19 |
| Pennsylvania | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Rhode Island | A student is eligible to exit an English learner program when they have met all state criteria outlined in the English Language Instructional Program Exit Criteria document. | R.I. Code R. 20-30-3.16 |
| 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 | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient on the English language proficiency assessment, a statewide English language arts assessment, and other agency-approved, criterion-referenced tests to exit English learner status. Students must also receive a teacher evaluation supporting reclassification. | Tex. Educ. Code Ann. § 29.056 |
| Utah | Local education agencies must establish exit criteria for an Alternative Language Service program. Local education agencies must notify parents when their student exits alternative language services. The notice must include the means used to assess the English language proficiency of the student. | Utah Admin. Code r. R277-716-4 |
| Vermont | Governed by the department of education’s EL guidebook or federal law rather than state policy. However, a student is no longer classified as an English learner if they demonstrate proficiency in English through multiple means and demonstrates acceptable performance in content subjects. | 7-1 Vt. Code R. § 24 |
| Virginia | Governed by the department of education’s EL guidebook or federal law rather than state policy. | |
| Washington | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. | Wash. Rev. Code Ann. § 28A.180.030 |
| West Virginia | Each county is required to exit English learners from language services in accordance with criteria established by the West Virginia department of education. | W. Va. Code R. 126-15-3 |
| Wisconsin | English learners must be administered an English language proficiency assessment annually. A student must score at or above proficient to exit English learner status. Schools may use supplemental indicators, including prior academic records, course grades, and information on everyday classroom performance. | Wis. Admin. Code PI § 13.07 Wis. Admin. Code PI § 13.09 |
| Wyoming | Governed by the department of education’s EL guidebook or federal law rather than state policy. |