1. (a) Each school district that enrolls English learners shall administer a state-approved assessment for identification of English language proficiency to all students who may be English learners but have not been identified as English learners. The district is responsible for taking appropriate steps to develop English learners' English-language skills and to provide them meaningful participation in the school district's academic program consistent with applicable state and federal standards. In addition, each school district with a school that is attended by at least eight students who are English learners shall

   1. (1) prepare a plan of service for English learners; the school district may designate the effective dates of the plan of service, which may be for up to five school years;
   2. (2) file a plan of service by June 30 of the fiscal year in which the district enrolls eight or more English learners in a school or the fiscal year in which the existing plan of service expires;
   3. (3) implement the plan of service in the school year following the submission; and
   4. (4) file changes to an existing plan of service with the department before implementation of the change.

2. (b) The plan required under (a) of this section must provide for the following:

   1. (1) a statement of the district's educational goals and instructional methodology;
   2. (2) the district's plan of identification of all students who are or who may be English learners, according to the standardized statewide entrance procedures, must include the use of a state-approved assessment for identification of English language proficiency; an enrolling district must assess a student who may be an English learner for such status not later than 30 days from the date of the student's enrollment in a school in the state;
   3. (3) the district's procedure for assessing the educational progress of English learners;
   4. (4) the district's program of services and instructional model for English learners;
   5. (5) an identification of instructional staff and educational resources;
   6. (6) the district's process for monitoring the academic progress of former English learners for four years after they are no longer identified as English learners;
   7. (7) the district's program evaluation that addresses the effectiveness of the program in meeting students' English-language development needs, in achieving student academic progress goals, and reflecting any identified need for program modification;
   8. (8) parent and community involvement.
3. (c) The commissioner will approve an English language proficiency assessment that tests an English learner's proficiency under the English language proficiency standards adopted by reference in 4 AAC 04.155. A district shall annually administer, between February 1 and March 31 of each school year, the state-approved assessment of English language proficiency to all students who have been identified as English learners.
4. (d) If, under (b) and (c) of this section, a district identifies a student as an English learner eligible for services under this chapter, the student remains identified as an English learner until the student obtains an overall composite score of 4.5 or higher on tier B or tier C of Assessing Comprehension and Communication in English State-to-State for English Language Learners (ACCESS for ELLs), if that is the approved assessment under (c) of this section. If an identified English learner has a disability that precludes assessment in one or more domains of ACCESS for ELLs, the identified English learner is eligible for alternate scoring under the department's Alternate Scoring Process Guide, 2021 edition, adopted by reference.
5. (e) A district shall monitor the academic progress of each student who had been identified as an English learner for four years after the student is no longer identified as an English learner. A former English learner is not required to participate in the annual English language proficiency assessment unless the district determines that a student's failure to make academic progress may be a result of a lack of English language proficiency and the student may need to be re-identified as an English learner.
6. (f) Repealed 10/16/2013.

(Eff. 1/14/78, Register 65; am 8/15/78, Register 67; am 6/28/87, Register 102; am 5/4/2000, Register 154; am 11/23/2003, Register 168; am 8/29/2004, Register 171; am 12/7/2004, Register 172; am 2/18/2007, Register 181; am 7/13/2012, Register 203; am 10/16/2013, Register 208; am 10/20/2018, Register 228; am 12/23/2021, Register 240)