Districts, Schools and Educators

Critical Elements for English Learner Program Compliance

Critical Element 1: Student Identification, Program Entrance and Exit:

Local education agencies (LEAs) must identify, enter ELs into effective language instruction educational programs (LIEPs), and exit ELs upon proficiency.

1.1 The LEA follows Minnesota’s standardized procedures for identifying English learners (ELs) (including data entry procedures for classifying ELs in the Minnesota Automated Reporting Student System [MARSS]).

Public Law 114-328, Every Student Succeeds Act of 2015, sections 1112(e)(3)(D), 3111(b)(2)(A), and 3113(b)(2)

Minnesota Statutes, section 124D.59 and 124D.61(1) Education for English Learners Act

1.2 The LEA follows Minnesota’s standardized procedures for entering ELs into a LIEP and determining ongoing need (including entering program start date into MARSS).

  1. The LEA communicates with parents regarding their children’s participation in the LIEP (in accordance with Minnesota’s statewide standardized procedures) in a language and format accessible to the parents:
  • Initially, within 10 days of enrollment in the LIEP, and
  • Annually, within 30 calendar days after the beginning of the school year, or within two weeks after the enrollment of the child in a program during the middle of the school year.

Public Law 114-328, Every Student Succeeds Act of 2015, sections 1111(b)(2)(G), 1112(e)(3)(A), 3111(b)(2)(A)

Minnesota Statutes, section 124D.59 to 124D.61 Education for English Learners Act

1.3 The LEA follows Minnesota’s standardized procedures for exiting students from EL instruction (including data entry procedures for reclassifying no-longer ELs in MARSS).

Public Law 114-328, Every Student Succeeds Act of 2015, section 3111(b)(2)(A)

Minnesota Statutes, section 124D.59 Education for English Learners Act

Lau versus Nichols, 1973 [Title VI of the Civil Rights Act of 1964]

1.4 The LEA identifies students with limited or interrupted formal education (SLIFE) and submits the SLIFE identification to MDE via the Student Support Data Collection (SSDC) System by June 1 annually. SLIFE are defined as ELs who:

  1. come from a home where the language usually spoken is other than English, or usually speaks a language other than English;
  2. enter school in the United States after grade six;
  3. have at least two years less schooling than the English learner's peers;
  4. function at least two years below expected grade level in reading and mathematics; and
  5. may be preliterate in the English learner's native language.

Minnesota Statutes, section 124D.59(2)(a) Education for English Learners Act

1.5 For Title III Immigrant Children and Youth, the LEA has a data collection procedure to ensure that the immigrant student count submitted to MDE by June 1 annually via the SSDC system includes only eligible immigrant students that may or may not be English learners. Immigrant children and youth are defined as individuals who:

  1. are aged 3 through 21,
  2. were not born in any State; and
  3. have not been attending one or more schools in any one or more States for more than three full academic years (on a cumulative basis).

Public Law 114-328, Every Student Succeeds Act of 2015, sections 3114(d) and 3201(5)

Sample Evidence to support Critical Element 1:

  • A completed Minnesota language survey (MNLS)
  • Written policies and procedures
  • Language Instruction Educational Program Plan (LIEP Plan) describing procedures
  • Documentation of additional criteria and results
  • Informational documents for parents
  • Samples of parent notification letters with required elements (returned to sender)
  • An example of how students progress through the program, from intake through exit and reclassification, such as a flowchart or decision-making tree
  • A description of how data informs additional criteria for exit decisions
  • A written set of procedures used to identify students with limited or interrupted formal education (SLIFE) and immigrant children and youth
  • Student Information System (SIS) data
  • Native language assessment information/data

Updated 5/2/2018