1. Data Pipeline and English Learners

2. English Learner (EL) Policies and Statutes
If a student is classified as Non-English Proficient (NEP) or Limited English Proficient (LEP) the district must provide language services and the student must be reported as an EL.
Lau v. Nichols – 414 U.S 563 (1974)
Equal Educational Opportunities Act of 1974
Castañeda v. Pickard (1981)
Colorado English Language Proficiency Act (ELPA),
Even if the district does not have a structured ESL or Bilingual program the district must provide some sort of language services.
The Home Language Survey (HLS)/Home Language Questionnaire (HLQ) is a tool to help identify if a student speaks a language other than English or if a language is present at home. An HLS is not an English language proficiency assessment and does determine if the student is an EL or not.

3. Three Fields associated with English Learner Data Coding.
Data Fields
Three Fields associated with English Learner Data Coding.
Language Background
Program (ESL/Bilingual)
Language Proficiency

4. Language Background
English Learners must be assigned a language background other than ‘eng’
An Excel version of the language codes can be viewed at: 
Deactivated codes can be viewed at:

5. English Learners (ELs) Bilingual and ESL
It is up to the District to determine the ELD (English Language Development) program that best describes the ELD program(s) provided to EL students.
Bilingual
Is only for reporting EL students in Bilingual programs to develop English. 
Districts may not include English speaking students in Dual language programs in this field.
Bilingual or ESL ?
It is up to the District to determine the program that best describes the student’s English language development educational setting.
For parent refusal of services: It is up to the District to determine the program that best describes the program from which the parent/guardian has refused English Language Development services. 5

6. English Learners (ELs) Language Proficiency
Non English Proficient (NEP)
Enrolled in an ESL or Bilingual program (ESL or Bilingual status code = 1) or parent refusal of ELD program services (status code = 5)
Proficiency code = 1
Language Background = Same as prior year’s Language Background or if the student is new, a language other than English
Limited English Proficient (LEP)
Proficiency code = 2
Only use NEP and LEP if the EL is neither re-designated (Monitored) nor exited from an ELD program

7. English Learners (ELs) Language Proficiency
Fluent English Proficient (FEP)
Moves out of (re-designated from) an ESL or Bilingual program to monitoring phase
Proficiency code = 3
Language Background = Previously coded Language Background
Only code as FEP if the EL is re-designated or exited from an ELL program
ELs not yet re-designated or exited should be coded with LEP or NEP
Students coded with FEP proficiency do not take ACCESS for ELLs, the annual test that measures a student’s progress in acquiring academic English

8. For a student who is new to the district
English Learners (ELs) Students New to District And PHLOTE and FELL Language Proficiency
For a student who is new to the district
The parent/guardian must complete a home language survey (HLS or HLQ)
If HLS/HLQ indicates primary or home language other than English, the student must be (there are no exceptions) assessed using the W-APT assessment as part of Colorado’s EL identification process.
W-APT™ stands for the WIDA-ACCESS Placement Test
District/School produces a body of evidence to identify if the student is not English proficient and eligible for an English language development program
(Continue on next slide)
Colorado has become a full member of the WIDA Consortium.
The screener to assist in the identification of students that qualify for English Language Acquisition (ELA) programming will be the W-APT™ which stands for the WIDA-ACCESS Placement Test.
The annual test that measures a student’s progress in acquiring academic English is ACCESS for ELLs®. This assessment is administered to all students identified as an English Learners (NEP and LEP) in grades K-12.
There is an alternate assessment available for students who meet qualifications for instruction using alternate standards in grades For more information on WIDA please visit

9. English Learners (ELs) Students New to District And PHLOTE and FELL Language Proficiency (continued)
Language proficiency will be PHLOTE or FELL if:
W-APT and body of evidence indicate student is English proficient
AND
Primary or home language is other than English (PHLOTE)
Language background should be other than English and ESL and Bilingual should be 0
PHLOTE
FELL
Has never been identified as an English Learner
Former ELL (received ELD instruction in a different district)
Language Proficiency code = 4
Language Proficiency code = 5
Can apply to Preschool (PK)
Cannot apply to PK
Colorado has become a full member of the WIDA Consortium.
The screener to assist in the identification of students that qualify for English Language Acquisition (ELA) programming will be the W-APT™ which stands for the WIDA-ACCESS Placement Test.
The annual test that measures a student’s progress in acquiring academic English is ACCESS for ELLs®. This assessment is administered to all students identified as an English Learners (NEP and LEP) in grades K-12.
There is an alternate assessment available for students who meet qualifications for instruction using alternate standards in grades For more information on WIDA please visit

10. English Learners (ELs) Re-designated and Exited
Monitored (Re-designated) Status
A re-designated EL is monitored for 2 years (report as either Monitored Year 1 or Monitored Year 2)
Code the program from which the EL was re-designated (either ESL or Bilingual)
Continue to code that program each year the student is reported, including after the student is exited 3+ years (status code = 4) and is no longer considered an EL. The exception is if the student returns to an ELD program during Monitored Year 1 or 2, in which case code the program to which the student returns with a status code of 1.
A monitor year is for the entire school year
Therefore, a student coded as Monitored Year 1 for Student October would also be coded M1 for EOY submission
Exiting a FEP (Fluent English Proficient) student from ESL or Bilingual
Student has completed two consecutive years of monitoring
Language Proficiency = 3 (Fluent English Proficient)
Language Background = Previously coded Language Background
ESL or Bilingual Status Code = 4 (exited program)

11. English Learners (ELs) Return to an ELD Program and Federal Definition
Re-designated EL returns to ESL or Bilingual program
During Monitoring period (Monitored Year 1 or 2)
District determines that the EL student is not meeting District standards/expectations in monitoring period
Language Proficiency = 1 (NEP) or 2 (LEP)
Language Background = Previously coded Language Background
ESL or Bilingual status code = 1 (enrolled in program). Code the EL program to which the student returns
The student will need to be tested annually on ACCESS until he or she is re-designated again
English Learner State Definition (as reflected on CDE’s reports)
NEP + LEP + FEP Monitor Year 1 + FEP Monitor Year 2
(excludes FEP Exited Year 3+)

12. English Learner Coding
EL Status
Language Proficiency code
ESL or Bilingual status code
Language Background
NEP 1
1 or 5
Other than English
LEP 2
FEP 3
2 or 3 or 4
PHLOTE 4
FELL 5
N/A
English
ESL/Bilingual Codes
1 = Yes. In the applicable program
5 = Student has been identified as an ELL but parental refusal of ELL program services exists
2 = Re-designated. Monitored Year 1
3 = Re-designated. Monitored Year 2
4 = Exited Year 3+

13. EL- Example of progress
Language Background
Language Proficiency
ESL Status
Bilingual Status
Home language survey indicates Spanish.
Testing indicates not English proficient.
spa
(Spanish) 1
(NEP)
(In Program)
Year 1
Testing indicates limited English proficient. 2
(LEP) 1
(In Program)
(N/A)
spa
(Spanish)
Year 2
Testing shows English proficiency. EL is re-designated into monitoring
(N/A) 2
(Monitored 1) 3
(FEP)
spa
(Spanish)
Year 3
District determines need for ELD support. Returns to ELD program. 1
(In Program)
(N/A) 2
(LEP)
spa
(Spanish)
Year 4
Testing shows English proficiency and is re-designated.
(N/A) 2
(Monitored 1) 3
(FEP)
spa
(Spanish)
Year 5

14. EL Dis-enrollments
An EL that dis-enrolls from your district and then re- enrolls should be tested on the W-APT placement and a body of evidence used to determine the student’s eligibility for a language instructional education program
If determined not to be an EL, the student should be coded as FELL (Former ELL)
1 Yes – Student is in a Bilingual or ESL Program
2 Redesignated Bilingual or ESL Program (Monitored Year 1)
3 Redesignated Bilingual or ESL Program (Monitored Year 2)
4 Exited Bilingual or ESL Program (Year 3+)
5 Not in Bilingual or ESL Program, Parent Choice

15. English Learners Status Edits
Students identified as ELs (ESL or Bilingual) by your district
must remain ESL or bilingual (codes 1-5) until they leave your district (but can move from one program to another)
Students reported in an ESL or Bilingual program last year cannot be reported as “Not Applicable” (ESL and Bilingual = 0) this year.
If the prior year ESL or Bilingual code = 1,2,3, or 5, the student cannot be reported as ESL and Bilingual = 0 (N/A) this year.
If the prior year ESL or Bilingual code = 4 (Exited Year 3+) and the district in which the student is enrolled has not changed, Bilingual and ESL cannot be 0 (N/A) this year
Students reported by another district as Exited Year 3+ (4) would best be reported as FELL in the district (but can be reported with ESL/Bilingual = 0)
*** In cases of misidentification of a student, an exception must be approved and granted***
1 Yes – Student is in a Bilingual or ESL Program
2 Redesignated Bilingual or ESL Program (Monitored Year 1)
3 Redesignated Bilingual or ESL Program (Monitored Year 2)
4 Exited Bilingual or ESL Program (Year 3+)
5 Not in Bilingual or ESL Program, Parent Choice

16. English Learners Contacts
If you have any questions regarding English Learners and/or submitting exception requests, please contact:
Morgan Cox ,Office of Federal Programs
(303) or
Christine Deines, Office of Language, Culture and Equity (303) or
Lindsay Swanton, Office of Federal Programs
(303) or

17. Migrant, Immigrant and Refugee

18. Definition of “immigrant children” USDE Definition under Section 3301(6) Title III
Ages
Were not born in a State
”States” defined in legislation as the 50 states, Washington D.C. and Puerto Rico.
Have not attended one or more schools in any combination of States for more than 3 full academic years (cumulative)
Immigrant status coding:
0 = No
1 = Yes
The definition provided is ONLY to determine Title III Immigrant Set-Aside funding.
Determining the legality of a student’s immigration status is not a duty of the LEA. Undocumented children have the same right to attend public schools as do U.S. citizens and permanent residents.
In fact, the student’s parents and the district officials have an obligation to see that the students attend school as mandated by the Colorado School Attendance Law.

19. Immigrant FAQs
Q:  May a child born overseas to U.S. military personnel be considered “immigrant” for the purposes of the Title III immigrant children and youth program authorized in section 3114(d) of ESEA?
A: Yes, if the child meets the definition of Immigrant (from previous slide) for Title III
Q:  If a parent is a foreign exchange student at a university, would his/her children be considered immigrant? 
A: Yes, if the children meet the definition of Immigrant for Title III. The children’s visa status or the visa status of their parents is not a consideration for determining immigrant status under Title III.
Q: Can children born abroad who have been adopted by U.S. parents be considered immigrant students for purposes of Title III?
A: Yes, if they meet the definition of Immigrant for Title III.
The definition provided is ONLY to determine Title III Immigrant Set-Aside grant funding.
More information on Immigrant children and youth under Title III can be found at this U.S. Department of Education website under section J.

20. Refugee Refugee status coding 0 = No 1 = Yes
Students not identified as refugee should default to “No”
If LEA is unable to verify student's refugee status, value should default to "No."
Refugee definition:
Any person who is outside any country of such person's nationality or, in the case of a person having no nationality, outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
To be admitted to the US, refugees must be determined to meet the definition of refugee as defined in the Refugee Act of 1980 by an officer of the Immigration and Naturalization Service (INS) .
Refugees are considered to be "Refugees" until they become US citizens.

21. Contact Information for Migrant, Immigrant, and Refugee
For questions on Immigrant and Refugee students, please contact:
Morgan Cox (303)
Lindsay Swanton (303)
Christine Deines (303)
For questions on Migrant students, please contact Brenda Meyer in the Data Services Unit at (303) or