# Title 15.1 — Elementary and Secondary Education

## Chapter 15.1-38 — English Language Learners Instruction

### § 15.1-38-01. English language learners - Program of instruction.

Each school district shall provide a program of instruction for students who are English
language learners. The program may be provided by a school district or in conjunction with one
or more districts.
### § 15.1-38-01.1. English language learner - Definition.

English language learner means a student who:
1. Is at least five years of age but has not reached the age of twenty-one before August
first of the year of enrollment;
2. Is enrolled in a school district in this state;
3. Has a primary language other than English or comes from an environment in which a
language other than English significantly impacts the individual's level of English
language proficiency; and
4. Has difficulty speaking, reading, writing, and understanding English, as evidenced by a
language proficiency test approved by the superintendent of public instruction and
aligned to the state English language proficiency standards and the state language
proficiency test.
### § 15.1-38-01.2. New immigrant English language learner - Definition.

Repealed by S.L. 2009, ch. 175, § 64.
### § 15.1-38-02. Program establishment.

The superintendent of public instruction shall:
1. Appoint a state advisory committee to assist with the establishment and administration
of English language learner programs and the state English language proficiency
assessment;
2. Establish standards for English language learner programs;
3. Establish student caseload criteria for English language learner teachers, deviation
from which may not affect the accreditation or funding level of a school district;
4. Ensure that the English language learner programs use effective research-based
methods to teach the students;
5. Assist school districts with the development and administration of English language
learner programs and services;
6. Employ a program administrator and other necessary personnel; and
7. Coordinate federal, state, and local funding to maximize the services available to
students.
### § 15.1-38-03. English language learner services - Individualized plans.

If a school district determines through assessment that a student requires English language
learner services, the school district shall convene a team to review the student's language and
educational needs. The team may develop an individualized language plan and recommend
specialized language instruction and related services.
