ADMINISTRATIVE LETTER: Legal Requirements to Provide English Language Acquisition Services to Students Who Are Multilingual Learners (Revised October 9, 2025)

Administrative Letter: #2
Policy Code: IHBEA
TO: Public School Administrators
DATE: August 22, 2019, Revised September 15, 2021, Revised June 21, 2023, Revised October 9, 2025

SUBJECT: The legal requirements for providing English for Speakers of Other Languages (ESOL) services to students who are multilingual learners

Please note that “multilingual learners” is used with reference to students who were previously known as “English learners (ELs).” Federal language still uses “English learners (ELs)” to refer to “multilingual learners.”

Topics included in this letter:

Identification of Students Who Are Multilingual Learners
Exit Criteria from ESOL Services
Monitoring and Reentry into Multilingual Learner Status
Delivery of ESOL services
Administration of WIDA ACCESS and WIDA Alternate ACCESS (if applicable)
Enrollment of Immigrants and International Students
Rights of Students Who Are Multilingual Learners to Education
Students Who Are Multilingual Learners and Special Education

Identification of Students Who Are Multilingual Learners
It is a federal requirement that all students who are multilingual learners be identified within 30 days of enrollment from the beginning of the school year. For students enrolling at the start of the school year, parents/guardians must be notified of their child’s English learner status within the same 30-day period. After the start of the school year, school administrative units (SAUs) must notify parents/guardians within two weeks of their child’s identification.

Each SAU must provide the Maine Department of Education’s (DOE) Language Use Survey to the parent/guardian of every student, pre-kindergarten through grade 12, enrolling in the SAU for the first time. The Language Use Survey must be included in the SAU’s enrollment packet or online enrollment system. If a student changes schools within an SAU, a new Language Use Survey is not required.

The Language Use Survey is available for download in English and 29 of Maine’s most commonly spoken languages. Parents/guardians are entitled to complete the Language Use Survey in their preferred language. SAUs must provide translation/interpretation services upon request.

The purpose of the Language Use Survey is to identify students who might be multilingual learners. The Language Use Survey decision tree provides guidance on its use. If any question is answered with a language other than English, the student should be administered an English language proficiency screener. (Please note that Sign Language is not a qualifying language for multilingual learner status; however, if a student uses Sign Language and an additional language other than English, the student may be eligible for multilingual learner status.) See Multilingual Learner Identification for information about the required screeners and identification thresholds, by grade level.

Students who were screened for multilingual learner status but who did not initially qualify may be re-screened at any time if a potential need for ESOL support becomes apparent.

Exit Criteria from ESOL Services
A multilingual learner who demonstrates proficiency on the state’s annual English language proficiency assessment is eligible for exit from ESOL services. In Maine, the annual English language proficiency assessment is the WIDA ACCESS or, for multilingual learners with the most significant cognitive disabilities eligible for alternate assessments, the WIDA Alternate ACCESS. Information about both of these assessments can be found on Maine DOE’s English language proficiency assessment page, located here: English Language Proficiency Assessments | Maine Department of Education.

In Maine, an overall Composite Proficiency Level (CPL) of 4.5 on WIDA ACCESS qualifies multilingual learners for exit from ESOL services. Multilingual learners with the most significant cognitive disabilities, eligible for participation in alternate assessments, can be exited from ESOL services with an overall CPL of 4.0 on the WIDA Alternate ACCESS.

In rare instances, multilingual learners qualify for a domain exemption on the WIDA ACCESS or WIDA Alternate ACCESS based on a disability as documented in the student’s Individualized Education Plan (IEP). In these instances, the SAU must submit a Less Than Four Domains request to the Maine DOE. The Maine DOE will ensure the correct Do Not Score code is entered for the student domain(s) in WIDA Assessment Management System. The student’s state ID will also be submitted to WIDA/Data Recognition Corporation for calculation of an overall CPL and the development of an Individual Student Report. The Less Than Four Domains request can be located on the English language proficiency assessment webpage: English Language Proficiency Assessments | Maine Department of Education > Special Forms Request.

Monitoring and Reentry into Multilingual Learner Status
Per federal guidance, SAUs must monitor the performance of former students who are multilingual learners for at least two years after exiting. If, during the two years of monitoring, or at any time thereafter, a former student who is a multilingual learner shows a potential need for continued ESOL support, that student must be rescreened with the WIDA Screener Online to determine multilingual learner status. If a student scores below the state-defined identification threshold, the student must be reentered into multilingual learner status, must receive ESOL services, and must take WIDA ACCESS or WIDA Alternate ACCESS, if applicable, until exiting.

Delivery of ESOL Services
An SAU is required to determine the components of an effective English language acquisition program tailored to the needs of each student, which may include, but is not limited to, tutoring, additional classroom support, materials, sheltered instruction, professional development for content area teachers, or other strategies per the Office for Civil Rights December 1985 Title VI policy memorandum, Title VI Language Minority Compliance Procedures.

The Maine DOE requires the English Language Acquisition Service Provision for a student who is a multilingual learner to be provided or overseen by a 660 ESOL-endorsed teacher. (See 34 Code of Federal Regulations C.F.R. Section 100.3 (b)(ii)). All students who are multilingual learners must be provided with English language support services that enable them to meaningfully access the curriculum to meet grade-level standards. English language development and content area knowledge are to be acquired simultaneously rather than consecutively. In other words, English language proficiency is not a prerequisite to participate in grade-level, content classes. If students who are multilingual learners receive services that remove them from content area classes (such as a newcomer program or pull-out services), any academic deficits that result must be remedied so that the student remains on track with their non-multilingual learner peers academically.

English language support services are to be provided in a way that minimizes the isolation of students who are multilingual learners from the general student population and encourages students who are multilingual learners to participate in all aspects of the school program, including advanced coursework, career and technical education, gifted and talented programs, and extracurricular activities. Students who are multilingual learners are entitled to ESOL services until exiting by demonstrating English language proficiency on WIDA ACCESS or WIDA Alternate ACCESS, if applicable.

Administration of WIDA ACCESS and WIDA Alternate ACCESS
The annual English language proficiency assessment for all students identified as multilingual learners in kindergarten through grade 12 is required by federal law under the Every Student Succeeds Act (ESSA) of 2015. Participation in state assessments is also required under state statute; it is part of annual ESEA application assurances for Title funds. Participation is also included in the school approval process for public schools, including charter schools, and private schools with 60% or more publicly funded students.

In Maine, the required English language proficiency assessment is WIDA ACCESS. A small percentage of multilingual learners with the most significant cognitive disabilities, found eligible for participation in alternate assessment through the IEP team process using state guidance resources, participate in WIDA Alternate ACCESS. The Maine DOE defines English language proficiency as a composite proficiency level of 4.5 on WIDA ACCESS and 4.0 on WIDA Alternate ACCESS.

The Maine Multilingual Learner Identification and Placement Guidance Document, updated annually, outlines all training requirements for test administrators of WIDA ACCESS and WIDA Alternate ACCESS. Federal peer review requirements outline specific standards for test administration training across state assessments, and, therefore, these training requirements for test administrators of English language proficiency assessments are mandatory. It is not required that test administrators be an ESOL-endorsed teacher; however, only an ESOL-endorsed teacher is qualified to design, oversee, and implement an English language support program, which includes the interpretation of WIDA ACCESS and WIDA Alternate ACCESS results.

Enrollment of Immigrants and International Students
Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin, among other factors, by public schools. SAUs are required to enroll children regardless of citizenship or immigration status per Plyler v. Doe. This applies equally to students who are immigrants and international students attending a Maine public school as an exchange student or tuition-paying student.

All students, including those who are immigrants and international students, must be screened for multilingual learner status. Any student who is identified as a multilingual learner, regardless of citizenship or immigration status, is entitled to ESOL services and must be administered WIDA ACCESS or WIDA Alternate ACCESS, if applicable, annually. International/exchange students are not exempt from Title I required state academic assessments. In Maine, recently arrived multilingual learners who have been enrolled in a U.S. school for fewer than 12 months are exempt from one administration of the state’s English language arts assessment only. See the Maine Comprehensive Assessment System website for further questions and information.

SAUs are not permitted to discourage the enrollment of children who are undocumented immigrants by asking about their immigration status, denying enrollment to those with international birth certificates, or denying enrollment to children whose parents decline to provide their social security numbers or race and ethnicity information. Federal regulations allow schools to ask for children’s social security numbers to be used as student identifiers; however, they should inform parents of the purpose and that disclosure of such numbers is voluntary. Schools may not deny enrollment if parents refuse to provide a child’s social security number. SAUs may require proof that a child lives within SAU boundaries, which may include lease agreements, utility bills, or other documents; however, schools may not ask parents about a child’s immigration status to establish residency. SAUs may require proof of a child’s age, but they may not bar enrollment because a child has an international birth certificate or no birth certificate.

Rights of Students Who Are Multilingual Learners to Education
The Civil Rights Act of 1964 remains the foundation of the legal rights of a student who is a multilingual learner. Lau v. Nicholsconfirms that all students who are multilingual learners are entitled to meaningful access to the curriculum.

Although the 2015 U.S. Department of Education ‘Dear Colleague’ guidance on English learners has been rescinded, the civil rights protections underlying that guidance remain fully in effect. Under both federal law (Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974) and the Maine Human Rights Act, SAUs have an obligation to ensure that multilingual learners have meaningful access to the SAU’s educational programs and services. Failing to provide appropriate language assistance services or to remove barriers to program participation may constitute discrimination on the basis of national origin and language, which is prohibited under the Maine Human Rights Act. SAUs are accountable for implementing policies, practices, and supports that guarantee equitable access to instruction, comparable participation in academic and extracurricular programs, and timely communication with families in languages they can understand.

If a parent refuses ESOL services, this must be documented, but parental refusal does not release the school or SAU from its responsibility to provide meaningful education to students who are multilingual learners. If a student who is a multilingual learner cannot make academic progress without ESOL services, the student has a right to ESOL services, even if a parent refuses. Parental consent is not required to administer an English language proficiency screener or WIDA ACCESS or WIDA Alternate ACCESS, if applicable. Under state law, SAUs are responsible for administering WIDA ACCESS to all students who are multilingual learners, regardless of parental consent (20-A M.R.S. §6209 (1-A)).

Students Who Are Multilingual Learners and Special Education
Students may qualify for, and have legal entitlement to, both ESOL and special education services. There are specific guidelines for both ESOL and special education that are to determine students’ eligibility for each type of service. Depending on a student’s disability and IEP, universal testing tools or accommodations may be needed to measure English language proficiency. When evaluating a student who is a multilingual learner for disabilities, screening must be linguistically and culturally appropriate. It is advisable to measure a student’s skills in the student’s primary language to clarify whether challenges are due to a learning disability or English language development.

Students who are multilingual learners should not be placed in a special education program unless their IEP determines this placement is appropriate to access specially designed instruction. Multilingual learner status is not a disability and is not covered by the Individuals with Disabilities Education Act (IDEA) or Maine Unified Special Education Regulation (MUSER). The Maine DOE ESOL Team and Office of Special Services and Inclusive Education have collaborated to develop a policy and resource guide on Identifying and Serving Students Who Are Multilingual Learners with Disabilities. This resource can be used by school teams when making determinations about a student’s status and program of services.

For students who are multilingual learners with IEP teams, the U.S. Department of Education has provided the following guidance:

“When an EL student is determined to be a child with a disability—as defined in IDEA, or an individual with a disability under the broader definition of disability in Section 504—the student’s EL and disability-related educational needs must be met. For EL students, in addition to the required IEP team participants under IDEA, it is essential that the IEP team include participants who have knowledge of the student’s language needs. It is also important that the IEP team include professionals with training, and preferably expertise, in second language acquisition and how to differentiate between the student’s needs stemming from a disability or lack of ELP.”

Students who are multilingual learners with learning disabilities are eligible for exit from ESOL services when they demonstrate English language proficiency by achieving an overall composite proficiency level of 4.5 on WIDA ACCESS or an overall composite proficiency level of 4.0 on WIDA Alternate ACCESS, if applicable.

If you have questions or would like further information about serving students who are multilingual learners, contact Jane Armstrong, Maine DOE ESOL State Specialist, at Jane.Armstrong@maine.gov.

If you have questions regarding WIDA’s English language proficiency assessments, contact Mechelle Ganglfinger, Alternate and English Language Proficiency Assessments Coordinator, at Mechelle.Ganglfinger@maine.gov.

If you have questions regarding students who are multilingual learners and eligible for special education, contact Erin Frazier, Director of the Maine DOE Office of Special Services and Inclusive Education, at Erin.Frazier@maine.gov.

ADMINISTRATIVE LETTER: Details Surrounding Participation in the National School Lunch Program

Administrative Letter: #1
Policy Code: EFG/EFC

To: School Administrative Unit Administrators, Special Purpose Private School Administrators, and Public Regional Program Administrators
From: Jane McLucas, Maine Department of Education Child Nutrition Director
Date: August 6, 2025

The National School Lunch Program (NSLP) is a federally assisted meal program operating in public and nonprofit private schools and residential childcare institutions (RCCIs). It provides nutritionally balanced, low-cost, or free lunches to children each school day. In Maine, with legislative support, Healthy School Meals for All have been available since 2021. State funding covers the portion of the meal cost that is not covered by federal funds for students attending a public school or certain private schools participating in the NSLP and School Breakfast Program (SBP).

School Food Authorities (SFA) receive cash subsidies, as well as nutritious, 100-percent domestic foods—known as USDA Foods—for each reimbursable meal that they serve. In exchange, SFAs must serve meals that meet the Federal meal pattern guidelines and offer them at a free or reduced price to all eligible children. SFAs can also be reimbursed through NSLP for snacks served to children who participate in an approved afterschool program.

SFAs determine which meal programs to offer (breakfast, lunch, and/or snack) and select their operational model (self-operation, meal contracts, or commercial food service) with guidance from the Maine Department of Education (DOE) Child Nutrition team. Once operating their meal program(s), SFAs can submit claims for reimbursement monthly through the Child Nutrition program.

The Maine DOE recommends that meal provision for students attending programs outside of the school administrative unit (SAU) be addressed in the Memorandum of Understanding (MOU) between the SAU and any Special Purpose Private School (SPPS) or regional program.

Eligible SAUs (e.g., traditional and public charter schools), SPPS, regional programs, and Career and Technical Education (CTE) programs interested in joining the NSLP will be assigned a Maine DOE Child Nutrition team member for onboarding support. The onboarding process typically takes between four and six months and includes submitting required state and federal documentation, attending a two-day, in-person “New Director Bootcamp,” selecting a program model, determining staffing needs, and meeting all compliance requirements before receiving approval to participate.

If you are interested in learning more about the NSLP and the steps required to participate, please reach out to the Maine DOE Child Nutrition team at child.nutrition@maine.gov or 207-624-6842.

Administrative Letter: Legal Requirements to Provide English Language Acquisition Services to Students who are Multilingual Learners* (Revised 6.21.23)

Updated Administrative Letter #1: June 21, 2023

Administrative Letter: Legal Requirements to Provide English Language Acquisition Services to Students who are Multilingual Learners* (Revised 6.21.23)

Administrative Letter: #27
Policy Code: IHBEA
TO: Public School Administrators
FROM: Pender Makin, Commissioner
DATE: August 22, 2019, Revised September 15, 2021, Revised June 21, 2023

SUBJECT: The legal requirements for providing English for Speakers of Other Languages (ESOL) services to students who are Multilingual Learners.

Topics included in this letter:

Identification of students who are Multilingual Learners
Exit criteria from ESOL services
Delivery of ESOL services
Administration of ACCESS for ELLs®
Enrollment of students who are immigrants and international students

Rights of students who are Multilingual Learners to education
Students who are Multilingual Learners and Special Education

Identification of Students Who are Multilingual Learners (ML)

It is a federal requirement that all students who are multilingual learners be identified within 30 days of enrollment from the beginning of the school year. For students enrolling at the start of the school year, parents/guardians must be notified of their child’s English learner status within the same 30-day period. After the start of the school year, SAUs must notify parents/guardians within two weeks of their child’s identification.

Each School Administrative Unit (SAU) must administer the Maine Department of Education’s Language Use Survey to the parent/guardian of every student, pre-kindergarten through 12th grade, enrolling in the SAU for the first time. The Language Use Survey must be included in the SAU’s enrollment packet or online enrollment system. If a student changes schools within a SAU, a new Language Use Survey is not required.

The Language Use Survey is available for download in English and 25 of Maine’s most spoken languages. Parents/guardians are entitled to complete the Language Use Survey in their preferred language. SAUs must provide translation/interpretation services upon request.

The purpose of the Language Use Survey is to identify potential students who are multilingual learners. The Language Use Survey decision tree provides guidance on its use. If any question is answered with a language other than English, the student should be administered an English language proficiency screener. (Note that Sign Language is not a qualifying language for English learner status. However, if a student uses Sign Language and an additional language other than English, the student may be eligible for English learner status.) See Multilingual Learner Identification, for information about the required screeners and identification thresholds, by grade level.

Students who were screened for ML status but did not initially qualify may be rescreened at any time if a potential need for ESOL support becomes apparent.

Exit Criteria from ESOL Services

To exit from ESOL services, a student must demonstrate English language proficiency. The Maine Department of Education defines English language proficiency as an overall composite proficiency level of 4.5 on ACCESS for ELLs®. No other measure qualifies a student who is a multilingual learner for exit. While a SAU may choose to continue to provide language support services to students who have demonstrated English language proficiency, such students are no longer classified as multilingual learners and are no longer administered ACCESS for ELLs® (or Alternate ACCESS, if applicable).

Students who are multilingual learners with an IEP exemption from a domain or domains on ACCESS for ELLs/Alternate ACCESS are eligible to exit based on their performance on the non-exempt domains. The Maine Department of Education calculates an overall composite proficiency level for such students, utilizing a score of 4.5 on the exempt domain(s) and weighting domains according to WIDA’s overall composite score weighted formula.

Monitoring and Reentry into ML Status

Per federal guidance, SAUs are to monitor the performance of formerly identified students who are multilingual learners for at least two years after exiting. If, during the two years of monitoring, or at any time thereafter, a former student who is a multilingual learner shows a potential need for continued ESOL support, the student must be rescreened with the WIDA Screener Online to determine English learner status. If a student scores below the state-defined identification threshold, they must be reentered into ML status, must receive ESOL services, and must take ACCESS for ELLs (or Alternate ACCESS, if applicable) until exiting.

Delivery of ESOL Services

A SAU is required to determine the components of an effective English language acquisition program tailored to the needs of each student, which may include, but is not limited to, tutoring, additional classroom support, materials, sheltered instruction, professional development for content area teachers, or other strategies (Office for Civil Rights December 1985 Title VI policy memorandum, Title VI Language Minority Compliance Procedures).

The Maine Department of Education requires the English language support program for a student who is a multilingual learner to be provided or overseen by a Maine ESOL-endorsed teacher (endorsement 660). (See 34 Code of Federal Regulations C.F.R. Section 100.3 (b)(ii)). All students who are multilingual learners must be provided with English language support services that enable them to meaningfully access the curriculum to meet grade-level standards. English language development and content area knowledge are to be acquired simultaneously, rather than consecutively. In other words, English language proficiency is not a prerequisite to participate in mainstream classes. If students who are multilingual learners receive services that remove them from content area classes (such as a newcomer program or pull-out services), any academic deficits that result must be remedied so the student remains on track with his/her non-ML peers academically.

English language support services are to be provided in a way that minimizes the isolation of students who are multilingual learners from the general student population and encourages students who are multilingual learners to participate in all aspects of the school program, including advanced coursework, career, and technical education, gifted and talented programs, and extracurricular activities. Students who are multilingual learners are entitled to ESOL services until exiting by demonstrating English language proficiency on ACCESS for ELLs® (or Alternate ACCESS, if applicable).

Administration of ACCESS for ELLs® or Alternate ACCESS

Federal and State laws require that the English language proficiency of all students who are multilingual learners be measured annually as a component of accountability under the Elementary and Secondary Education Act (ESEA). If a student is identified as a multilingual learner, that student must be administered ACCESS for ELLs (or Alternate ACCESS, if applicable) annually until the student demonstrates English language proficiency. The Maine Department of Education defines English language proficiency as a composite proficiency level of 4.5 on ACCESS for ELLs or level P2 on Alternate ACCESS. Failure to have all students who are multilingual learners participate in the annual administration of ACCESS for ELLs/Alternate ACCESS may affect ESEA Title IA funding.

State law requires that ACCESS for ELLs/Alternate ACCESS be administered only by an individual trained it its administration. It is not required that this individual be an ESOL-endorsed teacher. However, only an ESOL-endorsed teacher is qualified to design, oversee, and implement an English language support program, which includes the interpretation of ACCESS for ELLs/Alternate ACCESS results.

Enrollment of Immigrants and International Students

Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin, among other factors, by public schools. SAUs are required under federal law to enroll children regardless of citizenship or immigration status (Plyler vs. Doe). This applies equally to students who are immigrants and international students attending a Maine public school as an exchange student or tuition-paying student. All students, including those who are immigrants and international students, must be screened for multilingual learner status. Any student who is identified as a multilingual learner, regardless of citizenship or immigration status, is entitled to ESOL services and must be administered ACCESS for ELLs (or Alternate ACCESS, if applicable) annually. International/exchange students are not exempt from state academic assessments required by Title I. In Maine, recently arrived multilingual learners who have been enrolled in a U.S. school for less than 12 months are exempt from one administration of the state’s English language arts assessment only. See Maine Comprehensive Assessment System site for further questions and information.

SAUs are not permitted to discourage the enrollment of children who are undocumented immigrants by asking about their immigration status, denying enrollment to those with international birth certificates, or denying enrollment to children whose parents decline to provide their social security numbers or race and ethnicity information. Federal regulations allow schools to ask for children’s social security numbers to be used as student identifiers. However, they should inform parents of the purpose and that disclosure of such numbers is voluntary. Schools may not deny enrollment if parents refuse to provide a child’s social security number. SAUs may require proof that a child lives within SAU boundaries, which may include lease agreements, utility bills, or other documents. However, schools may not ask parents about a child’s immigration status to establish residency. SAUs may require proof of a child’s age, but they may not bar enrollment because a child has an international birth certificate or no birth certificate. See this fact sheet from the Departments of Justice and Education for more details about acceptable documentation requests.

Rights of Students who are Multilingual Learners to Education

The Civil Rights Act of 1964 remains the foundation of the legal rights of aa student who is a Multilingual Learner. Lau v. Nichols confirms that all students who are multilingual learners are entitled to meaningful access to the curriculum. If a parent refuses ESOL services this must be documented, but parental refusal does not release the school or SAU from its responsibility to provide meaningful education to students who are multilingual learners. If a student who is a multilingual learner cannot make academic progress without ESOL services, the student has a right to ESOL services, even if a parent refuses. Parental consent is not required to administer an English language proficiency screener or ACCESS for ELLs/Alternate ACCESS. Under State law SAUs are responsible for administering ACCESS for ELLs® to all students who are multilingual learners, regardless of parental consent (20-A M.R.S. §6209(1-A)).

Students who are Multilingual Learners and identified to receive Special Education funding

Students may qualify for, and have legal entitlement to, both ESOL and special education services. Appropriate screening is required to determine students’ eligibility for each type of service. Depending on a student’s learning disability an Individual Education Plan (IEP), universal testing tools or accommodations may be needed to measure English language proficiency. When evaluating a student who is a multilingual learner for learning disabilities, screening must be linguistically and culturally appropriate. It is advisable to measure a student’s skills in the student’s primary language to clarify whether challenges are due to a learning disability or English language development.

Students who are multilingual learners should not be placed in a special education program unless their exceptionality is well-documented, and appropriate procedures for special education services have been followed. Multilingual learner status is not a disability and is not covered by the Individuals with Disabilities Education Act (IDEA) or Maine Unified Special Education Regulations (MUSER). The Maine DOE ESOL and Special Services teams have collaborated to develop a guidance manual on Identifying and Serving Multilingual Learners with Disabilities. We are hopeful that it will serve as a useful resource as school teams work together to make determinations about a student’s status and program of services.

For students who are multilingual learners with IEPss, the United States Department of Education has provided the following guidance:

“It is important that IEP Teams for MLs with disabilities include persons with expertise in second language acquisition and other professionals, such as speech-language pathologists, who understand how to differentiate between limited English proficiency and a disability. The participation of these individuals on the IEP Team is essential to develop appropriate academic and functional goals for the child and provide specially designed instruction and the necessary related services to meet these goals.”

Students who are multilingual learners with learning disabilities are eligible for exit from ESOL services when they demonstrate English language proficiency by achieving an overall composite proficiency level of 4.5 on ACCESS for ELLs (or level P2 on Alternate ACCESS, if applicable).

If you have questions or would like further information about serving students who are multilingual learners, please contact Jane Armstrong, Maine DOE ESOL Specialist, at jane.armstrong@maine.gov.

*Formerly referred to as English Learners. Please note that the federal language still uses English Learners to refer to Multilingual Learners.

Administrative Letter: Guidance for Expulsion, Suspension, and Modified Schedules in Public Preschool Programs

Administrative Letter: #2
Policy Code: JKE, JKD
To: Public School Administrators
Date: December 14, 2022
Subject: Guidance regarding suspension, expulsion and modified schedules in public preschool programs

This guidance is offered by the Maine Department of Education to clarify suspension, expulsion, and modified schedules as they apply to students attending public preschool programs. While the provision of public preschool programs is not mandated in Maine, public preschool is strongly encouraged. When offered, public preschool is intended to serve all eligible children, to the extent possible, including learners with a variety of needs. Children who attend high quality preschool programs have an opportunity to build social emotional skills, strengthen executive functioning skills and have a stronger start to school (Zinsser, et al, 2022). To realize these benefits, children must remain in school. Once enrolled in public preschool programs, in accordance with 20-A M.R.S. §1001(8-A), children may not be unenrolled or expelled. Additionally, if a school administrative unit (SAU) is unable to serve all 4-year-olds who wish to enroll in public preschool, protocols to determine enrollment decisions which result in preschool populations with demographics that reflect the SAU’s K-12 demographics are strongly encouraged.

Suspension and Modified Schedules in General Education

Suspension of 4-year-olds attending public preschool programs is permitted only in accordance with 20-A M.R.S. § 1001(9) which specifies that a school board may not authorize a principal to issue an out-of-school suspension to a student who is enrolled in grade 5 or below except as provided under subsection 9-A (federal Gun Free Schools Act) or unless the principal determines that there is an imminent danger of serious physical injury to the student or others and less restrictive interventions would be ineffective. An out-of-school suspension for a student who is enrolled in grade 5 or below may not exceed 3 days. Additionally, SAUs cannot unilaterally determine that a child attend public preschool on a modified schedule (e.g., reduced school day, reduced school week).  Parents/caregivers must understand the reason(s) for consideration of a modified schedule, and they must be involved in the decision-making process and agree to the modified schedule before it is implemented. Consider a modified schedule as an interim intervention in a multi-tiered systems of support (MTSS) plan only in situations where multiple accommodations and interventions have been implemented, but safety remains a concern.

Suspension and Expulsion for Children with Disabilities

In accordance with Federal and State law, a child may not be excluded from enrollment in a public preschool program based solely on the presence of a disability.  Enrolled children who are referred to Child Development Services (CDS) based on program concerns regarding the child’s development or behavior must be considered a child with a disability and afforded the same rights as their K-12 peers, until the child’s Individualized Education Program (IEP) team makes its determinations.

The Maine Department of Education recognizes that to support challenging behaviors and maintain safe environments for all students and staff, educators need training and resources. Please refer to the list below for helpful contacts and resources.

Please contact Nicole Madore, Early Childhood Specialist at 446-3967 and nicole.madore@maine.gov, or Dr. Roberta Lucas, State Director of Child Development Services/619 Coordinator at 207-624-6621 and Roberta.Lucas@maine.gov, with questions or comments about this guidance.

Resources:

United States Departments of Education and Health and Human Services Policy Statement on Expulsion and Suspension Policies in Early Childhood Settings

Maine DOE’s Early Learning Office Hours for Public Preschool

Maine’s Child Development Services System (Part B 619)

Maine Department of Education’s Office of School and Student Supports

Maine Early Childhood Consultation Partnership

Maine DOE’s Multi-Tiered Systems of Support

Center on the Social Emotional Foundations for Early Learning

National Center for Pyramid Model Innovations

ADMINISTRATIVE LETTER: Local and State School Bus Bid and Purchase

Administrative Letter: 1
Policy Code: EEAEB
To: Public School Administrators, Business Managers, Transportation Directors, and School Bus Vendors
Date: 12/09/2022
Subject: Local and State School Bus Bid and Purchase

To assist and support school administrative units (SAUs) in their work to purchase school buses, the Maine Department of Education is providing clarification concerning the process to bid and purchase school buses.

This administrative letter replaces Administrative Letter #24 (2019). Administrative Letter #24 is no longer in effect and does not reflect the position of the Department of Education.

For a school bus purchase to be eligible for State subsidy, per 20-A M.R.S. § 5401(15) the school administrative unit (SAU) must:

(1) purchase the bus from the bidder selected through the State of Maine Division of Procurement school bus bid Request for Quotations (RFQ) for bus Type and capacity, or
(2) upon request, provide to the Department documentation that demonstrates the purchase was the result of a competitive bidding process conducted by the SAU following 20-A M.R.S § 5402 bid procedures or was made in the most economical manner consistent with the welfare and safety of students in accordance with 20-A M.R.S. § 5401(14).

For school buses purchased by a SAU when the SAU is not seeking subsidy, the SAU must still engage in competitive bidding, or make its purchase in the most economical manner, as outlined above.

SAU use of the Maine Department of Education’s School Bus Bid and Purchase System (SBBPS) is voluntary. SAUs are encouraged to contact Robert Susi at robert.w.susi@maine.gov with any questions about the SBBPS, transportation programs, or policy questions.

Webinar: Online Safety Guidance and Resources for K-12 Schools (February 24)

Please join the Federal School Safety Clearinghouse on February 24 at 3:00 PM EST for an informational webinar on online safety featuring guidance and resources for kindergarten through grade 12 schools.

The session will feature guest speakers from the Homeland Security Investigations Cyber Crimes Center (C3) and the National Center for Missing & Exploited Children (NCMEC). Presenters will provide an overview of how to make the internet a safer place for students and protect children from crimes of victimization.

Schools, educators, and parents can help build resilience against online violence, as well as foster digital ecosystems that are safe and secure for students. Through promoting online safety practices and improving digital literacy and critical thinking skills, the K-12 community can help reduce certain risk factors among youth.

The discussion will feature additional school safety-related resources available through SchoolSafety.gov, as well as a Q&A session.

When: February 24, 2022, 3:00 PM to 4:00 PM EST
Where: Adobe Connect (access link to be provided one day in advance of the event)
For: K-12 School Superintendents and Principals; School and District Administrators; Teachers and School Staff; School Counselors and School Psychologists; Emergency Management; School Resource Officers; Parents
Registration: https://schoolonlinesafetywebinar.eventbrite.com

If you have any questions, please contact the School Safety team at SchoolSafety@hq.dhs.gov.

ADMINISTRATIVE LETTER: IEP REQUIREMENTS FOR OUT-OF-UNIT PLACEMENTS

Administrative Letter: 28
Policy Code: IHBEA
To: School Administrative Unit (SAU) Administrators, Special Purpose Private School Administrators and Public Regional Program Administrators
From: Pender Makin, Commissioner
Date: November 24, 2021
Subject: IEP Requirements for Out-of-Unit Placements

In Maine, before an IEP Team decides to place a student with a disability in an out-of-unit placement, it shall initiate and convene an IEP meeting to develop an Individualized Education Program for the student. The IEP developed will reflect the Team’s program design to meet the student’s needs and will include goals for the student’s growth in the areas of concern. The IEP Team shall discuss and document the program components of a placement that will support the IEP developed at this meeting (MUSER IX.3.H). The sending SAU has the administrative responsibility for the education of a student with a disability who has been placed in an out-of-unit placement. Special Purpose Private Schools (SPPS) and other out-of-unit entities must ensure compliance with IDEA, utilizing the IEP team process and maintaining “stay put” in the event of a dispute (34 CFR §300.518).

The Department is concerned that some School Administrative Districts, SPPS, and Public Regional Programs believe that the language of MUSER XI.3.I allows a receiving out-of-unit placement to remove a student with a disability from school for any reason, without utilizing the IEP Team process, and without maintaining ‘stay put” in the event of a dispute. MUSER IX.3.I requires a receiving placement to ensure compliance with “these rules and the Individuals with Disabilities Act.” While the Department views this language to cover the requirements for a change of placement, and for stay put, it is clear that some School Administrative Districts, SPPS, and Public Regional Programs have not operated with this understanding.

After consulting with counsel, the Department has determined that SPPS and other out-of-unit placements are not in compliance with IDEA when they terminate a student’ s placement without going through the IEP process. Maine will enforce the federal standard of using the IEP process in the change of placement. Effective immediately, All SAUs must notify the SPPS and out-of-unit placements that in order to continue these placements, they must abide by the federal standard and provide FAPE to eligible students who are placed at SPPS and other out-of-unit placements. The MUSER reference can be found here:

MUSER IX.3.I Revision of Out-of-Unit Placements

For more information, contact Erin Frazier, State Director of Special Education Birth to 22, at erin.frazier@maine.gov.

Administrative Letter: Legal Requirements to Provide English Language Acquisition Services to Students who are English Learners (Revised 9.15.2021)

Administrative Letter: #27
Policy Code: IHBEA
TO: Public School Administrators
FROM: Pender Makin, Commissioner
DATE: August 22, 2019, Revised September 15, 2021

SUBJECT: The legal requirements for providing English for Speakers of Other Languages (ESOL) services to students who are English learners

Topics included in this letter:

Identification of students who are English learners
Exit criteria from ESOL services
Delivery of ESOL services
Administration of ACCESS for ELLs®
Enrollment of students who are immigrants and international students
Rights of students who are English learners to education
Students who are English learners and Special Education

Identification of Students Who are English Learners (EL)

Revision:

It is a federal requirement that all students who are English learners be identified within 30 days of enrollment from the beginning of the school year. For students enrolling at the start of the school year, parents/guardians must be notified of their child’s English learner status within the same 30-day period. After the start of the school year, SAUs must notify parents/guardians within two weeks of their child’s identification.

Each School Administrative Unit (SAU) must administer the Maine Department of Education’s Language Use Survey to the parent/guardian of every student, pre-kindergarten through 12th grade, enrolling in the SAU for the first time. The Language Use Survey must be included in the SAU’s enrollment packet or online enrollment system. If a student changes schools within a SAU, a new Language Use Survey is not required.

The Language Use Survey is available for download on the Maine Department of Education website in English and 25 of Maine’s most commonly spoken languages. Parents/guardians are entitled to complete the Language Use Survey in their preferred language. SAUs must provide translation/interpretation services upon request.

The purpose of the Language Use Survey is to identify potential students who are English learners. The Language Use Survey decision tree provides guidance on its use. If any question is answered with a language other than English, the student should be administered an English language proficiency screener. (Note that Sign Language is not a qualifying language for English learner status. However, if a student uses Sign Language and an additional language other than English, the student may be eligible for English learner status.) See the resource and policy guide, Serving Maine’s Students who are English Learners, for information about the required screeners and identification thresholds, by grade level.

Students who were screened for EL status but did not initially qualify may be rescreened at any time if a potential need for ESOL support becomes apparent.

Exit Criteria from ESOL Services

In order to exit from ESOL services, a student must demonstrate English language proficiency. The Maine Department of Education defines English language proficiency as an overall composite proficiency level of 4.5 on ACCESS for ELLs®. No other measure qualifies a student who is an English learner for exit. While a district may choose to continue to provide language support services to students who have demonstrated English language proficiency, such students are no longer classified as English learners and are no longer administered ACCESS for ELLs® (or Alternate ACCESS, if applicable).

Students who are English learners with an IEP exemption from a domain or domains on ACCESS for ELLs/Alternate ACCESS are eligible to exit based on their performance on the non-exempt domains. The Maine Department of Education calculates an overall composite proficiency level for such students, utilizing a score of 4.5 on the exempt domain(s) and weighting domains according to WIDA’s overall composite score weighted formula.

Monitoring and Reentry into EL Status

Per federal guidance, SAUs are to monitor the performance of former students who are English learners for at least two years after exiting. If, during the two years of monitoring, or at any time thereafter, a former student who is an English learner shows a potential need for continued ESOL support, the student must be rescreened with the WIDA Screener Online to determine English learner status. If a student scores below the state-defined identification threshold, he/she must be reentered into English learner status, must receive ESOL services, and must take ACCESS for ELLs (or Alternate ACCESS, if applicable) until exiting.

Delivery of ESOL Services

An SAU is required to determine the components of an effective English language acquisition program tailored to the needs of each student, which may include, but is not limited to, tutoring, additional classroom support, materials, sheltered instruction, professional development for content area teachers, or other strategies (Office for Civil Rights December 1985 Title VI policy memorandum, Title VI Language Minority Compliance Procedures).

The Maine Department of Education requires the English language support program for a student who is an English learner to be provided or overseen by a 660 ESOL-endorsed teacher. (See 34 Code of Federal Regulations C.F.R. Section 100.3 (b)(ii)). All students who are English learners must be provided with English language support services that enable them to meaningfully access the curriculum in order to meet grade-level standards. English language development and content area knowledge are to be acquired simultaneously, rather than consecutively. In other words, English language proficiency is not a prerequisite to participate in mainstream classes. If students who are English learners receive services that remove them from content area classes (such as a newcomer program or pull-out services), any academic deficits that result must be remedied so the student remains on track with his/her non-EL peers academically.

English language support services are to be provided in a way that minimizes the isolation of students who are English learners from the general student population and encourages students who are English learners to participate in all aspects of the school program, including advanced coursework, career and technical education, gifted and talented programs, and extracurricular activities. Students who are English learners are entitled to ESOL services until exiting by demonstrating English language proficiency on ACCESS for ELLs® (or Alternate ACCESS, if applicable).

Administration of ACCESS for ELLs® or Alternate ACCESS

Federal and State laws require that the English language proficiency of all students who are English learners be measured annually as a component of accountability under the Elementary and Secondary Education Act (ESEA). If a student is identified as an English learner, that student must be administered ACCESS for ELLs (or Alternate ACCESS, if applicable) annually until the student demonstrates English language proficiency. The Maine Department of Education defines English language proficiency as a composite proficiency level of 4.5 on ACCESS for ELLs or level P2 on Alternate ACCESS. Failure of all students who are English learners to participate in the annual administration of ACCESS for ELLs/Alternate ACCESS may affect ESEA Title IA funding.

If parents/guardians have questions about the purpose of ACCESS for ELLs/Alternate ACCESS, direct them to ACCESS for ELLs: FAQs for Parents/Guardians.

Enrollment of Immigrants and International Students

Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin, among other factors, by public schools. SAUs are required under federal law to enroll children regardless of citizenship or immigration status (Plyler vs. Doe). This applies equally to students who are immigrants and international students attending a Maine public school as an exchange student or tuition-paying student. All students, including those who are immigrants and international students, must be screened for English learner status. Any student who is identified as an English learner, regardless of citizenship or immigration status, is entitled to ESOL services and must be administered ACCESS for ELLs (or Alternate ACCESS, if applicable) annually. International/exchange students are not exempt from Title I required state academic assessments. In Maine, recently arrived English learners who have been enrolled in a U.S. school for less than 12 months are exempt from one administration of the state’s English language arts assessment only. See the

SAUs are not permitted to discourage the enrollment of children who are undocumented immigrants by asking about their immigration status, denying enrollment to those with international birth certificates, or denying enrollment to children whose parents decline to provide their social security numbers or race and ethnicity information. Federal regulations allow schools to ask for children’s social security numbers to be used as student identifiers. However, they should inform parents of the purpose and that disclosure of such numbers is voluntary. Schools may not deny enrollment if parents refuse to provide a child’s social security number. SAUs may require proof that a child lives within SAU boundaries, which may include lease agreements, utility bills, or other documents. However, schools may not ask parents about a child’s immigration status to establish residency. SAUs may require proof of a child’s age, but they may not bar enrollment because a child has an international birth certificate or no birth certificate. See this fact sheet from the Departments of Justice and Education for more details about acceptable documentation requests.

Rights of Students who are English Learners to Education

The Civil Rights Act of 1964 remains the foundation of the legal rights of aa student who is an English learner. Lau v. Nichols confirms that all students who are English learners are entitled to meaningful access to the curriculum. If a parent refuses ESOL services this must be documented, but parental refusal does not release the school or SAU from its responsibility to provide meaningful education to students who are English learners. If a student who is an English learner cannot make academic progress without ESOL services, the student has a right to ESOL services, even if a parent refuses. Parental consent is not required to administer an English language proficiency screener or ACCESS for ELLs/Alternate ACCESS. Under State law SAUs are responsible for administering ACCESS for ELLs® to all students who are English learners, regardless of parental consent (20-A M.R.S. §6209(1-A)).

Students who are English Learners and Special Education

Students may qualify for, and have legal entitlement to, both ESOL and special education services. Appropriate screening is required to determine students’ eligibility for each type of service. Depending on a student’s learning disability and Individual Education Plan (IEP), universal testing tools or accommodations may be needed in order to measure English language proficiency. When evaluating a student who is an English learner for learning disabilities, screening must be linguistically and culturally appropriate. It is advisable to measure a student’s skills in the student’s primary language in order to clarify whether challenges are due to a learning disability or English language development.

Students who are English learners should not be placed in a special education program unless their exceptionality is well-documented, and appropriate procedures for special education services have been followed. English learner status is not a disability and is not covered by the Individuals with Disabilities Education Act (IDEA) or Maine Unified Special Education Regulations (MUSER).

For students who are English learners with IEP teams, the United States Department of Education has provided the following guidance:

“It is important that IEP Teams for ELs with disabilities include persons with expertise in second language acquisition and other professionals, such as speech-language pathologists, who understand how to differentiate between limited English proficiency and a disability. The participation of these individuals on the IEP Team is essential in order to develop appropriate academic and functional goals for the child and provide specially designed instruction and the necessary related services to meet these goals.”

Students who are English learners with learning disabilities are eligible for exit from ESOL services when they demonstrate English language proficiency by achieving an overall composite proficiency level of 4.5 on ACCESS for ELLs (or level P2 on Alternate ACCESS, if applicable).

If you have questions, or would like further information regarding serving students who are English learners, please contact April Perkins, ESOL/Bilingual Programs, at april.perkins@maine.gov or (207)624-6627.

ADMINISTRATIVE LETTER: Change in the Ending Age for Special Education Eligibility – Effective Immediately

ADMINISTRATIVE LETTER

Administrative Letter: 1
Policy Code: IHBEA
To: Public School Administrators
From: Pender Makin, Commissioner
Date: January 21,2021
Subject: Change in the Ending Age for Special Education Eligibility – Effective Immediately

The Individuals with Disabilities Education Act (IDEA) requires states to provide “[a] free, appropriate public education . . . to all children with disabilities residing in the State between the ages of 3 and 21 inclusive[.]” 20 U.S.C. § 1415(a)(1)(A). IDEA permits an exception to this general age range: “[t]he obligation to make a free, appropriate public education available to all children with a disabilities does not apply with respect to children . . . [aged] 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to [such] children[.]” 20 U.S.C. § 1415(a)(1)(B)(i).

Maine’s generally applicable age-eligibility statute states that students are eligible for a pK-12 public education until the end of the school year in which they turn 20 years old. 20-A M.R.S. § 5201(1). As a result, Maine has historically terminated a student with a disability’s eligibility for a free, appropriate public education (FAPE) at the end of the school year in which they turn 20.

In 2018, the Court of Appeals for the First Circuit held that students are entitled to FAPE until age 22 (the so-called “federal standard”) where the state provides public education in the form of adult education to students who are under age 22 but older than the state “age out” for pK-12 education. K.L. v. Rhode Island Board of Education, 907 F.3d 639 (2018). The First Circuit concluded that for purposes of the IDEA, “public education” contains three basic attributes: (1) “a significant level of state or local government funding, [] (2) the public administration or oversight of the educational services” and (3) the education of students “up to the level of academic proficiency associated with the completion of secondary school.” Id. at 642, 644.

Maine’s adult education system meets the First Circuit’s definition of “public education” as it receives significant state and local government funding, is administered by the Department of Education and local public entities (primarily school administrative units either alone or in collaboration), and provides coursework that allows students to complete and receive their high school diplomas. As such, there is little question that the same result would be reached by the First Circuit if Maine’s statutes were challenged.

After consulting with counsel, the Department has concluded that terminating eligibility to a free, appropriate public education at the end of the school year in which a student turns 20 pursuant to 20-A M.R.S. § 5201(1) years is inconsistent with the IDEA as interpreted by the First Circuit in K.L. v. Rhode Island Board of Education, 907 F.3d 639 (2018).

Effective immediately, Maine will implement the “federal standard” and provide FAPE to eligible students until their 22^nd birthday.

All school administrative units must notify adult students who would have previously “aged out” of special education on June 30, 2021 of their right to receive a free, public education until either they receive a regular high school diploma or their 22^nd birthday, whichever comes first.

The Department will be providing technical assistance around the provision of FAPE beyond age 20. For more information, contact Erin Frazier, State Director of Special Education Birth to 22, at erin.frazier@maine.gov.

Special education counts and costs for students over 20 will be counted under Title 20 A §15681-A.2. Students 5-22 are now part of your child count and SAUs will receive state subsidy based on this count.

Administrative Letter: Updated Remote Learning English Learner Identification Procedures

Administrative Letter: #28
Policy Code: IHBEA
TO: Public School Administrators
FROM: Pender Makin, Commissioner
DATE: August 5,2020
SUBJECT: Updated Remote Learning English Learner Identification Procedures

The Maine Department of Education has developed a revised process for the identification of students as English learners during the COVID-19 pandemic. This revised process will remain in effect during any period when there is an interruption in face-to-face school operations as a result of the pandemic. Federal law requires that all English learners be identified within thirty days of enrolling at the beginning of the school year, or within two weeks for students who enroll mid-year (Sections 1112[e][3] and 3113[b][2] of Elementary and Secondary Education Act).

Please note that English learner identifications made in other states are not recognized in Maine, and all newly-enrolling students must undergo the identification process required by the Maine Department of Education.

Under the previous provisional identification process provided by the Department of Education in response to the challenges faced due to the COVID-19 pandemic, students were screened for approximate level of English proficiency using a set of informal rubrics. Provisional English learner status did not require official English learner identification. However, under the new revised process, students must be officially identified as English learners in the student data system by inputting an EL Start Date. Any student who was identified using the provisional identification process previously in place must now be officially identified by adding an EL Start Date, which must be the date on which the informal screening occurred. It is essential that all students who are English learners have an EL Start Date by October 1, 2020, to ensure that accurate enrollment counts are used in the state funding formula.

In order to accommodate the varying needs of SAUs across the state, the new, revised identification procedure allows for SAUs to exercise discretion in determining which of the following screening methods is most appropriate for the specific circumstances of their communities at any given time.

Prior to administering an English language proficiency screener (whether face-to-face or remotely), schools must provide the Language Use Survey to the parent/guardian of each student to complete. The Language Use Survey may be mailed, emailed, or completed in-person, as appropriate. Note that some families may require translation and/or interpretation by a qualified professional in order to complete the Language Use Survey and/or the enrollment process as a whole, and these services must be provided by the SAU at no cost to the family.
All Language Use Surveys and English language proficiency screener score reports must be kept in students’ cumulative files.

Screening Method 1: Face-to-Face
If a SAU determines through consultation with various stakeholders (including school board, staff, and families) that face-to-face screening can be conducted safely, SAUs may opt to administer an English language proficiency screener per the usual identification policy. According to current CDC requirements for health and safety in schools, face masks/face shields, hand sanitation stations, frequent sanitizing of computers and other items and surfaces involved in screening, physical distancing, and use of COVID-19 symptom screening questions must be used.

If a parent/guardian or screener administrator is not comfortable with face-to-face screening due to concerns about virus transmission, it is advisable to offer remote screening as an alternative.

Screening Method 2: Remote
For students in grades K-12, screening may be conducted remotely (via phone or video call) using the WIDA Remote Screener. (For students in pre-K, please see the final section of this document.) Training for screener administrators can be found within the WIDA Secure Portal, and screening materials are available in WIDA Assessment Management System (AMS). If you do not yet have login credentials, please contact WIDA Client Services at help@wida.us or 1-866-276-7735.

Students who perform at the “developing” level or below will be officially identified as English learners in the student data system and must receive English language acquisition support services. Students identified as English learners must also participate in Maine’s annual English language proficiency assessment ACCESS for ELLs/Alternate ACCESS (when state-required assessment resumes as normal).

If a student performs at the “entering” or “emerging” level on the WIDA Remote Screener, no further validation of English learner status is required. However, when a student scores at the “developing” level, the student’s status must later be validated once face-to-face assessment is possible. There are two possible means of validation.

Validation Method 1: Face-to-Face Screening per Usual State Policy
When face-to-face screening can be safely conducted, a student must complete the regular screening assessment required by state policy. If the student performs below the identification threshold of 4.5, the student will remain in English learner status and no further steps are necessary. If the student performs above the identification threshold of 4.5, the SAU must submit a request for change in English learner identification to the Department. One request may be submitted for multiple students.

If requests for change in English learner identification are not received prior to the start of the ACCESS for ELLs/Alternate ACCESS assessment window (January 11, 2021), all identified English learners must participate in the ACCESS for ELLs/Alternate ACCESS, which will also serve as validation of the student’s English learner status.

Validation Method 2: ACCESS for ELLs/Alternate ACCESS
ACCESS for ELLs/Alternate ACCESS assessment window is scheduled to open January 11^th and closes March 5^th, 2021. If it is not possible to administer a face-to-face screening assessment prior the start of the assessment window, students’ English learner status will be validated via ACCESS for ELLs/Alternate ACCESS.

Assessment results will be available to SAUs in early May of 2021, so any student in English learner status must continue to receive English language acquisition support services until student performance reports are received and proficiency is confirmed. Students who receive an overall composite proficiency level of 4.5 or higher (or level P2 on Alternate ACCESS) will be automatically exited from English learner status by the Department.

In the event that state-required assessments are suspended for the 2020-21 school year, students will remain in English learner status until such time as either validation method can be utilized.

For assessment-related questions, please contact Jodi Bossio-Smith, WIDA Assessments Coordinator, at jodi.bossiosmith@maine.gov.

Identification of Students in Pre-Kindergarten
For students in pre-K, administering a remote screening assessment is not advised. Instead, as recent guidance from the US Department of Education permits, the Language Use Survey will be used to determine a student’s English learner status. If the Language Use Survey reflects a primary/home language other than English, the student will be temporarily identified as an English learner until validation is possible through an English language proficiency assessment (see validation methods 1 and 2 above). Educators must collaborate with parents/guardians in order to determine the type, frequency, and amount of English language acquisition support a student in pre-K will receive.

Re-entry of Former English Learners into English Learner Status
Students who have previously exited English learner status may experience a change in English proficiency level at any time. It is essential to monitor the performance of such students in order to ensure that any student who needs English language acquisition support services receives them.

Federal guidance recommends two years of intensive monitoring, but monitoring should continue throughout the rest of the student’s academic career. The federal guidance also includes recommendations on what the monitoring process should entail.

Given the unique and challenging learning conditions of the 2019-20 school year due to the pandemic, this fall it will be especially critical to monitor students’ performance and re-evaluate them for English learner status when appropriate, using the Maine Department of Education’s re-identification policy. It is recommended to allow a period of four to six weeks for students to re-acclimate to an English-speaking school environment before re-evaluating for English learner status.

If you have any questions about this notice, please contact April Perkins, Director of ESOL/Bilingual Programs & Title III, at april.perkins@maine.gov.