The Tennessee Department of Education updated its state English as a Second Language (ESL) rule in May 2024 to reflect a shift from the WIDA ACCESS assessment to ELPA21 and to clarify identification, services, individual learning plan (ILP) requirements, staffing and exit criteria, a department webinar said.

The revision matters because the rule sets required procedures that local education agencies (LEAs) must follow and that the department monitors annually; LEAs found out of compliance receive monitoring findings that must be corrected rather than only recommendations. The webinar presenter said the rule update carries forward prior policy language while adding new definitions and implementation details.

The rule history and scope: ESL policy 3.207 was converted into State Board rule 0520‑01‑019 and first became official on July 6, 2021. It was revised in October 2022 to align with the Tennessee Investment in Student Achievement (TISA) program, and again in May 2024 to reflect Tennessee’s shift to ELPA21 for English language proficiency assessment and screening.

Identification and screening: Identification is a two‑step process. LEAs must administer a home language survey (HLS) one time in a student’s educational career to identify non‑English language background (NELB) students; if the receiving LEA cannot obtain an original HLS after reasonable attempts, a secondary HLS may be administered but must be marked as such. If any HLS response lists a language other than English, the student should be classified as NELB and proceed to screening. LEAs must clarify HLS discrepancies with the family when needed.

Step two requires screening NELB students with a Department‑approved English language proficiency screener. Tennessee currently uses the ELPA21 dynamic screener. The screener must be completed within 30 calendar days of initial enrollment if the student enrolls at the start of the school year; under ESSA, students who enroll after the start of the school year must be screened within 14 calendar days. If a student transfers from another state that used the same department‑approved screener and the student met that state’s fluent English proficient definition on that screener, the receiving Tennessee LEA may accept the prior score; otherwise the Tennessee screener must be used.

Entry and exit criteria: The webinar presented the qualifying cut scores used for entry and exit. For first‑semester kindergarten, the entry threshold is below a level 3 in any nonexempt domain; for second‑semester kindergarten through grade 12, entry is below level 4 in any nonexempt domain. The ELPA21 summative exit criterion is a score of 4 or above in all nonexempt domains. Alternate summative exit criteria apply for students identified on IEPs who require alternate assessments (exit criterion described as a score of 3 or above in all nonexempt modalities for the alternate summative). Students who exit direct or indirect ESL services should be considered transitional English learners for four school years, with specific monitoring and ILP requirements during that period.

Individual Learning Plans and oversight: ILPs must include assessment data from the English language proficiency assessment, demographic data (including years of ESL service and long‑term EL status), short‑term goals in each of the four domains, growth trajectories based on individual data, and strategies, accommodations and scaffolds determined by the ILP team. ILPs must be reviewed and revised at least annually. Each LEA must maintain an ILP oversight plan that spells out ILP development procedures, quarterly monitoring, intensified supports for ELs not meeting growth expectations, parent communication requirements, coordination for ELs with disabilities or dyslexia characteristics, and training expectations for teachers providing direct or indirect ESL services.

Service models and delivery: The rule adds two definitions (including co‑teaching) and distinguishes co‑teaching from push‑in instruction: co‑teaching requires collaborative planning and instruction by a general education teacher and an ESL‑endorsed teacher for all students; push‑in alone is not an approved model. Pull‑out instruction (intensive small group or one‑on‑one support outside the general classroom) is an approved direct service model. Approved service models include sheltered English instruction, structured English immersion, specially designed academic instruction in English, content‑based instruction, heritage language instruction, and other department‑approved, evidence‑based models aligned to Tennessee ELD standards. LEAs must seek department approval before using an alternate model; the LEA must demonstrate the model is evidence‑based and increases English proficiency and academic achievement.

Minimum service time and staffing: The rule requires elementary EL students to receive a minimum of one hour of direct ESL service per school day from an ESL‑endorsed teacher until they reach qualifying exit or tailored service scores. Middle and high school students must receive at least one hour of direct ESL service per school day or the equivalent of one full core class period of at least 45 minutes per day until exit or tailored‑service criteria are met. The rule specifies that these service requirements are per school day rather than a weekly total.

LEA‑wide staffing ratios are limited to an average of no more than 35 identified EL students per full‑time‑equivalent ESL teacher unless an alternate staffing ratio is approved by the department. Requests for alternate ratios must include evidence of adequate academic growth and proficiency for ELs, a school‑level analysis showing no school is in Additional Targeted Support and Improvement for the EL subgroup, recent TCAP analysis for the EL subgroup, the proposed ratio, and justification; alternate ratio requests should be sent to the Office of the Commissioner.

Parent notification and waivers: LEAs must annually inform parents or guardians of the right to waive placement in ESL programs and must provide the option to waive direct ESL services before services begin or at any time during the school year. If parents waive direct services, the general education teacher must provide indirect ESL services through linguistically appropriate accommodations and scaffolding described in the student’s ILP. The presenter emphasized that staff must not attempt to persuade parents to waive or not waive services and that LEAs should take care when offering waivers in IEP or intervention meetings so families understand their rights to both ESL and special education services.

Students with disabilities and dyslexia considerations: The rule states that ELs must not be identified for special education or dyslexia solely because of limited English proficiency. IEP teams may exempt students from screener domains that are inaccessible due to disability; LEAs must use alternate screeners or assessment accommodations as appropriate and provide both language assistance and disability‑related services to eligible students. LEAs must create an ILP for ELs identified with dyslexia characteristics (an ILPD) and consider language proficiency when selecting assessments and evaluation materials.

Reclassification and interstate transfers: LEAs must maintain a written reclassification procedure that includes parent consent for reentry of exited ELs who require additional services. The webinar noted that if a student was exited from ESL services by another state, that exit status stands as valid in Tennessee.

The presenter offered an email contact transcribed as "hannah.gribbletn dot gov" for follow‑up questions; the webinar recording transcript provides that string as given.