The U.S. Department of Education recognizes that extended school closures have made it difficult for states to implement their statewide, standardized entrance procedures and has allowed SEAs to issue temporary guidance to assist districts in identifying English Learners as quickly as possible in order to begin providing services for those students. This temporary guidance for Nebraska districts is in effect from the period when school closures began during the 2019-2020 school year and extends to the point at which in-person instruction resumes, but is not to exceed beyond December 31, 2020.

Temporary Change from Regular Procedures

Potential English Learners (ELs) who enroll in Nebraska districts may be identified as presumptive ELs based on a home language survey with appropriate follow up. This follow up may include, among other things, discussion with parents and/or students (as appropriate) in order to provide needed language services, if the alternative is failing to provide any English language services to students in need of them.

District Responsibilities

1. Maintain records to indicate which students have been identified as presumptive ELs.
2. Formal identification, once in-person instruction resumes, will need to take place according to the following timeline:

1. • Districts who return to in-person instruction and can administer a screener instrument (either the ELPA21 Dynamic Screener or a screener which meets the requirements of Rule 15) by December 31, 2020 shall administer a screener to each student presumptively identified as an EL to confirm or rescind the presumptive identification of these students. Correct district SIS records as needed.
   • Students who are not physically present and able to be screened by December 31, 2020 shall have their presumptive identification confirmed or rescinded by the ELPA21 Summative, scheduled to be administered between February 8 – March 19, 2021.

EL Counts in District Student Information System– Students who have been presumptively identified as ELs are considered ELs for count purposes and should be identified as ELs in the district SIS by the end of September to be included in the fall ADVISER count.

Parent Notification – Students who have been presumptively identified as ELs are considered ELs for parent notification purposes. The school district shall notify the parent, or guardian that the student qualifies for services as an English learner within thirty calendar days after the beginning of the fall term or within the first two weeks of enrollment if the student was not enrolled at the beginning of the fall term.

Nebraska Reading Improvement Act– Students who have been presumptively identified as ELs are considered ELs for eligibility of the Nebraska Reading Improvement Act. English Learners who have received less than two years of English instruction are exempt from taking the approved reading assessments as required by the Act.