Tennessee revises ESL rule to require ELPA21 screener, co-teaching standards, ILP oversight

The Tennessee Department of Education revised its statewide ESL rule in May 2024 to reflect the state's shift from the WIDA Access assessment to the ELPA21 assessment and to clarify identification, service models, ILP requirements, staffing ratios and exit criteria for English learners (ELs).

The changes, presented in a departmental webinar, update definitions and procedures and impose clearer monitoring and documentation obligations on local education agencies (LEAs). The department said the rule is monitored annually through its results-based monitoring process and that LEAs found noncompliant will receive findings that must be corrected.

Key provisions

The rule explicitly defines co-teaching and pullout instruction. Co-teaching is described as collaborative planning, organization, delivery and assessment by a general education teacher and an ESL-endorsed teacher who jointly plan and teach all students in the classroom. The presenter distinguished co-teaching from "push in," saying "Push in is not an approved model, but co teaching is." Pullout instruction is defined as intensive language support delivered by an ESL-endorsed teacher to EL students in small groups or one-on-one settings outside the general education classroom using an approved direct ESL service model.

Identification and screening

Identification is a two-step process. First, every LEA and public charter school must administer a Home Language Survey (HLS) that asks the first language learned, the language most often spoken at home or outside school, and the language most often spoken to the student. If any HLS response lists a language other than English, the student is classified as a non-English-language-background (NELB) student. LEAs must have a set of follow-up questions and may interview parents to resolve discrepancies. The presenter noted that an HLS should be completed only once in a student's K-12 career; if a receiving LEA cannot obtain the original HLS after reasonable attempts, it may readminister a secondary HLS but must document attempts and mark it as secondary.

Second, LEAs must screen 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 and within 14 calendar days if the student enrolls after the school year begins, consistent with ESSA timelines. If a NELB student comes from another state that used the same department-approved screener, that prior screener score may be accepted; otherwise the Tennessee-approved screener must be used.

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 decided by an ILP team rather than a single teacher. ILPs must be reviewed and revised at least annually. LEAs must maintain an ILP oversight plan that requires quarterly monitoring, intensified supports for ELs not meeting growth expectations, parent communication and coordination for ELs with disabilities or characteristics of dyslexia, and training for teachers providing direct or indirect ESL services.

Service models and daily minutes

Approved service models listed in the rule include sheltered English instruction, structured English immersion, specially designed academic instruction in English, content-based instruction and heritage language instruction; LEAs may request department approval for other evidence-based models aligned to Tennessee ELD standards. Direct ESL services must be delivered by teachers who hold an ESL endorsement. Elementary students must receive a minimum of one hour of direct ESL service per school day until they meet exit or tailored-service criteria. Middle and high school students must receive a minimum of one hour per school day or the equivalent of one full class period (at least 45 minutes) per school day.

Staffing ratios and alternate approvals

The statewide LEA staffing ratio shall be based on 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 student proficiency levels, academic growth, the number of ELs served, evidence that no school in the LEA is designated additional targeted support and improvement for the EL subgroup, recent EL subgroup TCAP analysis, the proposed ratio and justification. The presenter said alternate ratios may be approved only when the LEA can show adequate academic growth and that required hours of service are being met.

Exit and transition rules

Exit criteria for the ELPA21 summative assessment is a score of 4 or above in all nonexempt domains. For students taking alternate ELPA summative assessments (those identified on an IEP as requiring alternate assessments), the qualifying score for exit is 3 or above in all nonexempt modalities. Students who exit direct or indirect ESL services are considered transitional ELs for four school years; transition years 1 and 2 require transitional ILPs and monitoring in general education classrooms, while transition years 3 and 4 remain part of the EL subgroup for accountability purposes. LEAs must have a written reclassification procedure with parent consent for any reentry to services.

Special education and dyslexia

The rule reiterates federal and state requirements that language proficiency must be considered when evaluating ELs for special education or characteristics of dyslexia and that ELs shall not be identified as students with disabilities or as having dyslexia solely because of limited English proficiency. LEAs must provide both language assistance and disability-related services to eligible students. The IEP team may exempt students from screener domains that are inaccessible due to a disability, and students who cannot access the traditional screener must be screened with an alternate screener.

Parent notification and waivers

LEAs must annually inform parents or guardians of ELs of the right to waive placement in ESL programs and the right to waive direct ESL services at any time. If parents waive direct services, the general education teacher is responsible for providing indirect ESL services such as linguistically appropriate accommodations and scaffolds described in the student's ILP. The presenter cautioned that LEA staff may explain options but must not attempt to persuade parents to waive or not waive services.

Monitoring and compliance

The department monitors the rule annually via a results-based monitoring process. The presenter said LEAs that do not meet the rule's requirements will receive monitoring findings that LEAs must correct rather than only recommendations for improvement.

The presenter summarized: "This webinar will cover ESL rule and policy updates..." and directed questions to the department contact provided at the end of the webinar.

The department's changes are intended to standardize documentation (HLS/ILP), clarify approved service models and staffing expectations, and align assessments and exit criteria to ELPA21. LEAs should review their HLS practices, screening timelines, ILP procedures, staffing plans and documentation ahead of state monitoring.