# Title 67 — Public Instruction, Superintendent of

## Article 67-28 — English Language Learner Programs

## Chapter 67-28-01 — English Language Learner Programs

### § 67-28-01-01. Responsibilities of all school districts.

Every school district shall:
1. Provide a written assurance to the department that it has a policy for providing alternative
language services in compliance with North Dakota Century Code chapter 15.1-38, regarding
English language learner instruction. The assurance must be made in the form and manner
and at intervals prescribed by the department.
2. Designate a program representative who serves as a contact for English language learner
student services and data. The school district must report the designated program
representative's status in a manner and at intervals prescribed by the department, consistent
with the department's fall reporting requirements.
3. Develop a plan to identify and assess the language proficiency of students who have a
primary language other than English or come from an environment in which a language other
than English significantly impacts the student's level of English language proficiency. The plan
must incorporate participation in the North Dakota English language proficiency assessment
program and the North Dakota state assessment program for academic achievement.
History: Effective July 1, 2006.
General Authority: NDCC 15.1-38-02, 28-32-02
Law Implemented: NDCC 15.1-38-01, 15.1-38-02
### § 67-28-01-02. Options for compliance.

A school district may choose one of the following options as a means of complying with the
requirements of this chapter:
1. The school district may adopt and implement its own program;
2. The school district may participate in a program through a multidistrict association; or
3. The school district may pay tuition and other costs as agreed to by cooperating districts for its
English language learners to participate in the program of another school district or
multidistrict association of school districts.

A school district or multidistrict association of school districts may consider providing services through
any delivery method not contrary to state law that is consistent with the program model adopted by the
school district or multidistrict association of school districts and may consider providing services by
means of classroom or individual instruction and distance learning options, including interactive video
and computer instruction.
History: Effective July 1, 2006.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 15.1-38-01
### § 67-28-01-03. Assessment of English language learners - Classification.

1. The assessment process shall follow the North Dakota English language proficiency
assessment program. The English language proficiency assessment process must be
supervised by a teacher of English as a second language or a bilingual education teacher. A
school district may use a screening protocol prior to conducting the assessment. Criteria for
the screening protocol may include observation, a checklist, writing samples, and other
indicators of language proficiency.
2. The assessment process will result in classification of the student by determining whether the
student has preliterate - level I, beginning - level II, intermediate - level III, basic - level IV, or
proficient - level V English language skills.
History: Effective July 1, 2006.
General Authority: NDCC 15.1-38-02, 28-32-02
Law Implemented: NDCC 15.1-38-01, 15.1-38-02, 15.1-38-03
### § 67-28-01-04. Eligibility for English language learner services.

To be eligible for English language learner services, a student must:
1. Be at least five years of age, but must not have reached the age of twenty-two;
2. Be enrolled in a school district in North Dakota;
3. Have a primary language other than English or come from an environment in which a
language other than English significantly impacts the individual's level of English language
proficiency; and
4. Have difficulty speaking, reading, writing, and understanding English as shown by assessment
results.
History: Effective July 1, 2006.
General Authority: NDCC 15.1-38-02, 28-32-02
Law Implemented: NDCC 15.1-27-12, 15.1-38-01, 15.1-38-02
### § 67-28-01-05. Individualized language plan - Parent communication.

1. The school shall convene a team of persons to review the language and educational needs of
each student whose assessment results show the student is eligible for English language
learner services. The team may be known as the "language support team". The team shall
include a teacher of English as a second language or a bilingual teacher and a person with
the authority to commit resources necessary to deliver the plan. The team may include other
individuals involved with the student's instruction, such as a classroom teacher or
paraprofessional. The school shall invite the student's parent or guardian to be a team
member. The team shall develop an individualized language plan for the student based on the

student's language proficiency and academic achievement and on alternative language
services being provided.
2. The individualized language plan must be written and implemented. In developing the written
individualized language plan, the language support team shall consider:
a. The background of the student and a description of the student's needs;
b. Goals and objectives for improving English language proficiency and its relationship to
academic achievement;
c. Specialized language instruction to be provided to the student, including type of service
and amount of service time;
d. Related services to be provided to the student, if any;
e. Appropriate instructional strategies to be used in the general education classroom; and
f. Accommodations, if any, for instruction and assessment.
3. While the student is enrolled in the school district, the student's individualized language plan
and classification must be reviewed annually until the student has been reclassified as
proficient by the language support team.
4. The school district shall inform the student's parents or guardians how they may be involved in
their child's program of English language acquisition, including periodic progress reporting.
The school district shall provide information at least annually to the student's parents or
guardians on the progress of the student's language proficiency and academic achievement
and on alternative language services being provided. The information must be provided, to the
extent practicable, in a language the parents or guardians can understand.
History: Effective July 1, 2006.
General Authority: NDCC 15.1-38-02, 28-32-02
Law Implemented: NDCC 15.1-38-01, 15.1-38-02, 15.1-38-03
### § 67-28-01-06. Requirements of English language learner program.

An English language learner program must:
1. Provide alternative language instruction that is based on research and effective practice;
2. Provide an alternative language curriculum, including materials and resources, that is based
on North Dakota English language proficiency and academic content standards, is consistent
with the school district's program model, and is appropriate for the identified student
population;
3. Use instructional facilities that are comparable to that provided for non-English language
learner students and may not unreasonably segregate English language learners;
4. Provide alternative language instruction by or under the supervision of a licensed teacher who
holds an endorsement from the North Dakota education standards and practices board in
English as a second language or bilingual education or a major in teaching English as a
second or other language;
5. Incorporate administrative oversight by a program director with an administrative credential.
The school district must report the director's status in a manner and at intervals prescribed by
the department, consistent with the department's fall reporting requirements; and

6. Incorporate a systematic evaluation and reporting plan that uses both summative and
formative methods of data collection and evaluation and that is consistent with federal
requirements on data collection and reporting.
History: Effective July 1, 2006.
General Authority: NDCC 15.1-38-02, 28-32-02
Law Implemented: NDCC 15.1-38-01, 15.1-38-02
### § 67-28-01-07. Department of public instruction responsibilities - Advisory committee.

1. The department of public instruction administers English language learner programs, including
distribution of state funding, monitoring of school programming, coordinating the English
language learner program advisory committee, providing consultative services and technical
assistance to schools, and updating and evaluating the North Dakota English language
proficiency standards and assessment.
2. The superintendent shall appoint an advisory committee to be known as the English language
learner program advisory committee to advise the superintendent and program personnel on
matters related to English language learner programs and the North Dakota English language
proficiency assessment. The committee shall make recommendations on the development of
rules and guidance documents, program standards, student instruction, and the English
language proficiency assessment program. Any significant changes to the rules, standards,
and assessment program shall be brought before the committee for review and
recommendation. The superintendent may consider nominations for committee membership
from schools, education organizations, institutions of higher education, community-based
organizations, parents, and others. The superintendent may develop protocols for meetings
and other aspects of committee functioning.
History: Effective July 1, 2006.
General Authority: NDCC 15.1-38-02, 28-32-02
Law Implemented: NDCC 15.1-38-01, 15.1-38-02
### § 67-28-01-08. Eligibility for funding - Application process.

1. To be eligible for payment for an English language learner program, a school district must
provide a program of instruction for English language learners that meets the requirements of
this chapter. The school district must also submit an application in the form and manner
prescribed by the department. Applications are due by December first.
2. School districts applying as a multidistrict association of school districts may submit one
application. An application submitted by a multidistrict association of school districts must
include a signature from each member school district. The application must include a plan for
management of funding and services. Payments will be made to individual school districts.
3. A year-end report must be submitted to the department in the form and manner prescribed by
the department. School districts that have applied as a multidistrict association of school
districts may submit one year-end report on behalf of all member districts.
4. A school district may apply for funding for English language learner students that are enrolled
as a member of the school district on December first or had been enrolled as a member of the
school district but left the district before December first. Students who have been members of
more than one school district prior to December first shall be considered members of the most
recent district for payment purposes.
History: Effective July 1, 2006.
General Authority: NDCC 15.1-38-02, 28-32-02
Law Implemented: NDCC 15.1-27-12, 15.1-38-01, 15.1-38-02
