Section 228.10  Definitions

"English as a Second Language" or "ESL" means specialized instruction designed to assist students whose home language is other than English in attaining English language proficiency.  ESL instruction includes skills development in listening, speaking, reading and writing.  (ESL is not to be confused with English language arts as taught to students whose home language is English.)

"English Language Development Standards" means either the:

"English Language Development Standards Framework, 2020 Edition " (2020) for students in kindergarten and grades 1 through 12 published by the Board of Regents of the University of Wisconsin System on behalf of the WIDA (formerly World-Class Instructional Design and Assessment) Consortium, Wisconsin Center for Education Research (WCER), University of Wisconsin-Madison, 1025 West Johnson Street, Suite 785, Madison WI 53706 and posted at https://wida.wisc.edu/teach/standards/eld/2020 (no later amendments to or editions of these standards are incorporated); or

"Early English Language Development Standards Ages 2.5-5.5 2013 Edition" (2013) for students in preschool education programs published by the Board of Regents of the University of Wisconsin System on behalf of the WIDA Consortium, Wisconsin Center for Education Research (WCER), University of Wisconsin-Madison, 1025 West Johnson Street, Suite 785, Madison WI 53706 and posted at https://wida.wisc.edu/teach/early (no later amendments to or editions of these standards are incorporated).

"English Language Proficiency Assessment" means the ACCESS for ELLs^® (WIDA Consortium, Wisconsin Center for Education Research (WCER), University of Wisconsin-Madison, 1025 West Johnson Street, Suite 785, Madison WI 53706).

"English Learner" means any student in preschool, kindergarten or any of grades 1 through 12, whose home language background is a language other than English and whose proficiency in speaking, reading, writing or understanding English is not yet sufficient to provide the student with:

the ability to meet the State's proficient level of achievement on State assessments;

the ability to successfully achieve in classrooms where the language of instruction is English; or

the opportunity to participate fully in the school setting.

For the purposes of this Part, the terms "limited English proficient student" and "students with limited English proficiency", as used in Article 14C of the School Code, are understood to refer to English learners.

"Home Language" means that language normally used in the home by the student and/or by the student's parents or legal guardians.

"Language Background other than English" means that the home language of a student in preschool, kindergarten or any of grades 1 through 12, whether born in the United States or born elsewhere, is other than English or that the student comes from a home where a language other than English is spoken by the student, the student's parents or legal guardians, or anyone who resides in the student's household.

"Preschool Program" means instruction provided to children who are ages 3 up to but not including those of kindergarten enrollment age as defined in Section 10-20.12 of the School Code in any program administered by a school district, regardless of whether the program is provided in an attendance center or a non-school-based facility.

"Prescribed Screening Instrument" means the:

WIDA Screener (2016) for students in the second semester of grade 1 or in grades 2 through 12 (WIDA Consortium at the Wisconsin Center for Education Research (WCER), University of Wisconsin-Madison, 1025 West Johnson Street, Suite 785, Madison WI 53706-1706) and accessible at: https://wida.wisc.edu/assess/screener; or

WIDA Screener for Kindergarten (2020) for students in kindergarten or the first semester of grade 1 (WIDA Consortium at the Wisconsin Center for Education Research (WCER), University of Wisconsin-Madison, 1025 West Johnson Street, Suite 785, Madison WI 53706-1706); or

Through the 2022-2023 school year, Measure of Developing English Language (MODEL™) (2008) for students in kindergarten or the first semester of grade 1 (WIDA Consortium at the Wisconsin Center for Education Research (WCER), University of Wisconsin-Madison, 1025 West Johnson Street, Suite 785, Madison WI 53706-1706); or

If the State Superintendent determines that exigent circumstances exist due to an issue related to the health and safety of students, and, as a result of such circumstances, students are participating in remote learning, then the prescribed screening instrument shall be a provisional screener identified by the State Superintendent and posted at www.isbe.net. If the State Superintendent determines that an exigent circumstance no longer exists before the annual English Language Proficiency exam, then all students given the provisional screener shall be screened using either the WIDA Screener, WIDA Screener for Kindergarten, or the Measure of Developing English Language (MODEL™). If a student is provisionally screened and takes the annual English Language Proficiency Assessment before having an opportunity to take the WIDA Screener or the (MODEL™), then the scores of the annual English Language Proficiency Assessment will serve as a prescribed screening instrument.

"Prescribed Screening Procedures" means the procedures that a school district determines to be appropriate to assess a preschool student's level of English language proficiency (minimally in the domains of speaking and listening), in order to determine whether the student is eligible to receive bilingual education services.  The procedures may include, without limitation, established screening instruments or other procedures provided that they are research-based.  Further, screening procedures shall at least:

Be age- and developmentally appropriate;

Be culturally and linguistically appropriate for the children being screened;

Include one or more observations using culturally and linguistically appropriate tools;

Use multiple measures and methods (e.g., home language assessments; verbal and nonverbal procedures; various activities, settings, and personal interactions);

Involve family by seeking information and insight to help guide the screening process without involving them in the formal assessment or interpretation of results; and

Involve staff who are knowledgeable about preschool education, child development, and first and second language acquisition.

"School District" means a public school district established under Article 10 or Article 34 of the School Code [105 ILCS 5] or a charter school established under Article 27A of the School Code.

"Sheltered Content Instruction" means instruction that is generally intended for English learners who demonstrate intermediate or advanced English proficiency and consists of adapting the language used in the particular subject to the student's English proficiency level to assist the student in understanding the content of the subject area and acquiring the knowledge and skills presented.

(Source:  Amended at 46 Ill. Reg. 13258, effective July 13, 2022)