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School staff often have questions concerning the enrollment of immigrant school-age children. The laws of Illinois and the United States guarantee all students in Illinois access to a quality education. This requires every district to guarantee all students equal access to the full range of programs and resources. Equal access is influenced by admission policies adopted at the district level and implemented at the school level. By law, immigrant students are entitled to the same access as nonimmigrant students, In Illinois today the growing number of immigrant and non-English-speaking students and changes in immigration law continue to generate questions and concerns about how to fulfill administrative duties without infringing upon children's educational rights.

This information is provided to help districts understand their role in regard to immigrant students. The State Board, with the assistance of its Illinois Advisory Council on Bilingual Education. had prepared the following answers to common questions about the enrollment of immigrant and non-English speaking students.

1. Who has the right to access?

   Existing law guarantees immigrant and non-English speaking students a free public education from kindergarten through grade twelve up until the age of twenty-one regardless of immigrant status. Additional, the U.S. Supreme Court ruled that undocumented children have the same right as U.S. citizens and permanent residents to receive a free public education.

2. Should Social Security numbers be required for enrollment?

   Because the law prohibits any action which might have a "chilling" effect on the right of access to schools, districts must not require parents or adult care-takers to provide information concerning their or their children's immigrant status. Policies or procedures which condition services or benefits by requiring a child's or a parent's Social Security number must be amended because these practices have the effect of exposing the immigration status of undocumented students or their parents. If a number is needed for identification or administrative purposes, to avoid infringing upon undocumented students rights, districts should assign a school-generated identification number. Similarly, when implementing residency policies, care must be taken to ensure that parents indirectly, reveal their immigration status. Thus, districts may accept as proof of residency, but cannot mandate, that parents or adults caretakers provide either an Illinois driver's license or a state identification card which require Social Security numbers.

3. What might be considered for determining residency?

   Among immigrant and non-English speaking families, it is not uncommon to find children who do not live in the same household as their parents. To safeguard immigrant students' right to a free public education, LEAs must not conclude that children who live within the district, but apart from their parents, must be charged tuition as if they were a non-residents.

4. Can districts mandate legal guardianship?

   Even when it's undisputed that a child resides in the district, but questionable whether the child lives apart from the parent simply to access educational programs, districts must not apply inflexible rules to determine residency. Districts cannot mandate adult caretakers or relatives with whom a child lives to establish legal guardianship as a condition for gaining access to the district's schools. Districts may require reasonable assurance from the responsible adult caretaker that they accept responsibility for the child. This may be done through a notarized affidavit.

5. Can F-1 Visa students be charged tuition?

   The F-1 Visa Program allows nonimmigrant foreign students from outside the U.S. to apply for student visas to attend our public schools. Recent changes to the Immigration and Nationality Act require districts to charge out-of-district tuition and limit attendance to twelve months. These changes do not affect J-1 (foreign exchange) students, F-2 (dependents of F-1) students, or students whose parents are here as diplomats, researchers, or foreign workers. Students attending private schools are not affected by the amendment. This amendment does not affect immigrant students residing in the U.S. nor does it alter a district's obligations to undocumented children since the changes made to the F-1 Visa Program only affect students specifically seeking F-1 status from outside the U.S.
   

6. Are immigrant students eligible for federal programs?

   Schools are required to provide undocumented immigrant students the same benefits and services made available to other students. Therefore, when determining eligibility for free or reduced lunch and/or breakfast programs under the School Lunch Act, do not reject applications which do not have the parent's Social Security number. Parents without Social Security numbers need only indicate on the application that they do not have a number. Districts must make it clear that any and all information provided is used solely to obtain federal funds.
   

7. Should LEAs enforce immigration laws?

   School personnel, especially building principals and those involved in student intake activities, have no legal obligation to enforce U.S. immigration laws. Conversely, the Immigration and Naturalization Service has no legal authority to determine or infringe on district residency policies.
   

8. Are funds avai​lable to help dis​tricts?

   Districts heavily affected by the enrollment of immigrant students (documented and undocumented) may qualify for Federal Emergency Immigrant Education Program funds through the State Board and should take full advantage of them. Districts may also be eligible for funding through the State Transitional Bilingual Education Program for limited English speakers or the federal Title VII program.​​​​​​​​​
   

9. Fact Sheet: Information on the Rights of All Children to Enroll in School
10. Information on the Rights of All Children to Enroll in School: Questions and Answers for States, School Districts and Parents
    

​​​How do you know if a student enrolling in your district is an Emergent Bilingual (EB) and is eligible for language support services?

Follow these steps:

Annually report identified EB students on the Student Information System (SIS)​​

• Home Language Survey (Section 228.15 Identification of Eligible Students)
  • English
  • Albanian
  • Amharic
  • Arabic
  • Bengali
  • Bosnian
  • Bulgarian
  • Cambodian
  • Chinese (Simplified)
  • Chinese (Traditional)
  • Farsi
    
  • French
  • German
  • Greek
  • Gujarati
  • Haitian-Creole
  • Hindi
  • Italian
  • Japanese
  • Korean
  • Lao
  • Lithuanian
  • Malayalam
  • Pilipino (Tagalog)
  • Portuguese
  • Polish
  • Punjabi
  • Romanian
  • Russian
  • Serbian (Cyrillic)
  • Serbian (Latin)
  • Somali
  • Spanish
  • Tamil
  • Telugu
  • Thai
  • Turkish
  • Ukrainian
  • Urdu
  • Vietnamese
  • Yoruba​
    

The Illinois Administrative Code, Part 228, Section 228.15 indicates districts shall administer an individual language proficiency assessment to each student identified through the home language survey. This assessment shall take place within 30 days of the student's enrollment in the district, for the purpose of determining the student's eligibility for bilingual education services.​​​

• Prescribed Screening Instrument(s)

  The Pre-IPT Oral English Language Proficiency Test is the recommended screener for children entering Preschool, ages 3 to kindergarten enrollment age as defined in Section 10-20.12 of the School Code [105 ILCS 5/10-20.12] to determine students’ English language proficiency and to identify students eligible to receive Emergent Bilingual services.

• Using Scores to Determine Placement 

  Districts should use the guidance included in the pre-IPT Oral for purposes of placing students. All potential EBs screened with the Pre-IPT Oral that qualify for EB services need to be rescreened with the WIDA MODEL upon entering Kindergarten.

• Training to Administer the Pre-IPT Oral

  Online training for administering the Pre-IPT Oral is available at www.ballard-tighe.com.

• Ordering the Pre-IPT Oral

  For information about ordering the Pre-IPT Oral assessment, please contact Melissa Cortez at mcortez@ballard-tighe.com or at 800-321-4332 ext. 203.​​​​​​​
  

• Prescribed Screening Instrument

  Measure of Developing English Language (MODEL)
  The WIDA MODEL must be used as a screener for students entering Kindergarten and the first semester of first grade to determine students’ English language proficiency and to identify students eligible to receive EB services.

• Using Scores to Determine Placement

  As of January 1, 2014, any child entering the first semester of kindergarten who is administered the MODEL and who scores below a 5.0 oral language composite (speaking/listening) proficiency level is considered an Emergent Bilingual (EB) and is eligible for EB services. A student entering the first semester of kindergarten who achieves a 5.0 oral language composite (speaking/listening) proficiency level is considered English proficient. See the chart below to determine eligibility for children in their second semester of kindergarten and the first semester of first grade.

CHART FOR DETERMINING EB ENGLISH PROFICIENCY FOR KINDERGARTEN STUDENTS

• Prescribed Screening Instrument 
• Beginning June 30th, 2017, the screening tool for 1st grade, 2nd semester through grade 12 is the WIDA Screener. The W-APT has been retired, and the MODEL is now only for use at Kindergarten and 1st grade, 1st semester.
• Using Scores to Determine Placement 
  
• When administering the WIDA Screener, the EB placement criteria is 5.0 for the Overall Composite score. There are no individual domain requirements.
• Training for W-APT or the MODEL Test Administration
• The WIDA Screener is to be administered by certificated instructional personnel (teachers including bilingual teachers and ESL teachers) and certificated non-instructional personnel (coordinators, program directors, school psychologists, speech and language therapists, assistant principals, principals, assistant superintendents and superintendents) who have completed the WIDA Screener training and passed the online quizzes.​
• How to get the WIDA Screener
• The WIDA Screener is available either online or on paper. The WIDA Screener Online is used via WIDA AMS. It is built into ACCES 2.0 software, and functions similarly. That software may be downloaded, at no cost, from the WIDA AMS website. An account is required. A paper version of the WIDA Screener may be purchased from the WIDA Store​.

For information about ordering and administering the WIDA MODEL see Screening Kindergarten Children above.​​​

Yes, if a student is determined to be an Emergent Bilingual (EB), the district must inform parents in writing of the results of the assessment and the program placement recommendations, describing the services that are available to assist the student to become English language proficient. Sample parent notification letters are available in English and 40 ​other languages on the ISBE website.​​​​

Yes, to refuse language support services, parents must provide the district with a signed, written statement that they are refusing services. However, this parental statement does not relinquish the district from its obligation to provide a meaningful education to the student and to continue to annually assess the student’s language proficiency with the ACCESS for ELLs.​​​

​Per 23 Ill. Admin. Code 228.15, potential EBs are not required to be screened AND are immediately placed in EB services if the following are true:

• The student was screened in another district in Illinois or another WIDA state at Kindergarten or later and the student did not meet the Illinois criteria for English language proficiency (ELP); OR
• The student took ACCESS in another district in Illinois or another WIDA state within the last year (scores are not older than 12 months) and the student did not meet the Illinois criteria for ELP.

Potential EBs are not required to be screened AND are NOT placed in EB services if the following are true:

• The student was screened in another district in Illinois and met ELP on the screener; OR
• The student took ACCESS in Illinois and met ELP; OR
• The student was screened in another WIDA state within the last year (scores are not older than 12 months) and the screener scores place the student as meeting ELP in Illinois; OR
• The student took ACCESS in another WIDA state within the last year (scores are not older than 12 months) and the scores place the student as meeting ELP in Illinois; OR
• The student has met the following criteria from 23 Ill. Admin. Code 228.15(e)(1)(c):
• The student was identified as a potential EB with the Home Language Survey, AND
• The student has not been screened or identified as an EB in the past year, AND
• The student was enrolled in a general program of instruction without EB supports last school year (in Illinois or another state), AND
• The student met or exceeded standards in the State's English Language Arts Assessment (in Illinois or another state).​​
  

1. WIDA FAQ IND​EX​
   
2. WIDA Screener FAQ​
   
3. Who needs to take ACCESS for ELLs?
   • All public school districts are required to assess annually all identified English Language Learners (ELLs)/Limited English Proficient (LEP) students in grades K-12 using the ACCESS for ELLs assessment until the students test as English language proficient. This includes all identified students whose parents have refused language support services. All LEP students must be tested until they achieve the state prescribed minimum score to be considered English language proficient.
     
4. What proficiency level score does a student have to obtain to be considered English language proficient?
   • In May of 2017, ISBE released new EL proficiency criteria to be applied retroactively to 2016-2017. A 4.8 Overall Composite score on ACCESS is now the requirement for reclassification. There are no individual domain requirements.
     Districts with additional questions regarding​ the determination of English language proficiency are encouraged to call the Division of English Language Learning at 312-814-3850.
     
5. Who can administer the ACCESS, WIDA Screener, WIDA MODEL, and/or Pre-IPT?
6. How do I get trained to administer the ACCESS for ELLs, WIDA Screener, and WIDA MODEL?
   • Each school district in WIDA’s user account system has a District Test Coordinator (DTC). The DTC’s roles include creating new WIDA training accounts for district staff and monitoring that district staff have completed WIDA training modules. If you need assistance with a WIDA account, contact WIDA Client Services, 866-276-7735, help@wida.us. 
   • ​Training for WIDA Screener: Educators who desire training for the WIDA Screener should thoroughly review the WIDA Screener webinar at http://www.wida.us/. Logging into a user account is required to access this webinar. 
   • Training for ACCESS for ELLs 2.0 Online: The ACCESS 2.0 in online format is new for 2015-16. Anyone who desires to administer ACCESS for ELLs 2.0 online must complete the four training modules. They are less than 10 minutes each. They do not have a quiz to pass. Certificate is awarded upon completion of each module.
   • Training for ACCESS for ELLs 2.0 in Paper: It is quite similar to the ACCESS for ELLs administered in 2014-15 for the domains of Listening, Reading, and Writing. Re-training for those domains is not required. Anyone training for the first time to administer these domains should use the new ACCESS for ELLs 2.0 training modules for the paper format. These modules do not have an associated quiz. A certificate is awarded upon completion of each module and its completion is recorded at www.wida.us. However, the Speaking domain in the paper format is significantly different for 2015-16. Anyone who intends to administer the ACCESS 2.0 Speaking test will need to complete the ACCESS for ELLs 2.0 speaking module to be released in October 2015. The average time to complete the training is 90 minutes, but could be a long as 2 hours, depending upon the number of grade clusters. This speaking training module requires passing a quiz for completion, and a certificate of completion will be issued upon passing. Completion of the Speaking module will be recorded at www.wida.us.
7. Are private schools required to give ACCESS for ELLs?
   • The Local Educational Agency (LEA) is required to consult with private schools regarding Title III, Part A specifically to determine how their ELL/LEP students will be identified and served. The LEA is responsible for assessing the English language proficiency of private school students and may be able to use Title III Part A funds to pay for initial LEP assessments for these students. (Please note: funds cannot supplant other federal, state and/or local funds.)
     
     Private schools are NOT required to use ACCESS for ELLs as recipients of Federal Title III program services. However, private schools seeking Title III program services, through their Local Educational Agency (LEA), must demonstrate that the English language proficiency of all students they report to their LEAs is assessed annually and that each student is limited English proficient. Private schools can identify students in need of EL services by using a WIDA Screener (for 2nd semester of 1st grade thru 12th garde) or the WIDA MODEL (k-1st semester of 1st grade). Kindergarten students must be screened using the WIDA MODEL for Kindergarten, which is purchased from WIDA. Private school staff administering the screener must be trained to administer and score the WIDA Screener and/or WIDA MODEL.​​
8. Updated Procedure for ACCESS 2.0 Student Transfer during the Testing window
9. What are the new English Proficiency definitions for identifying English Learners in Illinois?

   • ​New English Proficient definition identifying English Learners in Illinois - June, 2017

     • The New "Proficient"​ definition letter to Superintendent 
     • The New "Proficient" definition letter to Program Director
     • The New "Proficient" definition letter to Parents in:
       • New "Proficient" definition letter to Parents English
       • New "Proficient" definition letter to Parents ​Spanish
         
       • New "Proficient" definition letter to Parents ​Arabic​
         
       • New "Proficient" definition letter to Parents ​Cantonese - Traditional Chinese​
         
       • New "Proficient" definition letter to Parents ​French​
         
       • New "Proficient" definition letter to Parents ​Gujarati​
         
       • New "Proficient" definition letter to Parents ​Korean​
         
       • New "Proficient" definition letter to Parents ​Mandarin - Simplified Chinese​
         
       • New "Proficient" definition letter to Parents ​Polish​
         
       • New "Proficient" definition letter to Parents ​Tagalog​
         
       • New "Proficient" definition letter to Parents ​Urdu​
         
       • New "Proficient" definition letter to Parents ​Vietnamese​​
         
       • ​​​​Template letter from district to parents for sharing with families and parents in:
         • Template letter from district English​
           
         • Template letter from district Spanish
         • Template letter from district Arabic
         • Template letter from district Cantonese
         • Template letter from district Cantonese - Traditional Chinese
         • Template letter from district French
         • Template letter from district Gujarati​
         • Template letter from district Korean
         • Template letter from district Mandarin
         • Template letter from district Mandarin - Simplified Chinese
         • Template letter from district Polish
         • Template letter from district Tagalog
         • Template letter from district Urdu
         • Template letter from district Vietnamese​
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