W. Va. Code R. § 126-15-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-15-2 - Definitions

2.1. A student who is an English Learner (EL) in the State of West Virginia is classified according to the federal government definition as described in the ESEA. An EL is classified as one:

2.1.a. who is aged 3 through 21; and

2.1.b. who is enrolled or preparing to enroll in an elementary school or secondary school; or

2.1.c. who was not born in the United States or whose native language is a language other than English; or

2.1.c.1. who is a Native American or Alaska Native, or a native resident of outlying areas; and

2.1.c.2. who comes from an environment where a language other than English has had a significant impact on the individual's level of English Language Proficiency (ELP); or

2.1.c.3. who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

2.1.d. whose difficulties speaking, reading, writing, or understanding the English language may be sufficient to deny the individual:

2.1.d.1. the ability to meet the challenging state academic standards;

2.1.d.2. the ability to successfully achieve in classrooms where the language of instruction is English; or

2.1.d.3. the opportunity to participate fully in society.

2.2. EL with significant cognitive disabilities (ELSCD) are individuals who have one or more disabilities that significantly limit their intellectual functioning and adaptive behavior as documented in their Individualized Education Programs (IEP), and who are progressing toward ELP in speaking, reading, writing, and understanding. To be eligible for the Alternate ELP (ALT ELP) Assessment, students must meet the criteria for significant cognitive disability. For further information on the criteria for significant cognitive disabilities, refer to W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities (Policy 2419).

2.3. ELP. The criteria for ELP (exit EL status) are:

2.3.a. student no longer meets the definition of an EL; and

2.3.b. student no longer participates in language assistance programs nor receives monitoring services as a former EL; and

2.3.c. student scores proficient on the West Virginia ELP Assessment or scores proficient on the ALT ELP Assessment.

W. Va. Code R. § 126-15-2