Chapter 4 - Students who are Potentially Misclassified (Wisconsin DPI EL Policy Handbook)

Cross-District and Legal Context for Misclassification

English Learner (EL) status is a federally protected class, entitling students to discrimination protection and educational supports. Given these protections, districts must exercise caution when considering changes to a student’s EL status after the EL determination process has occurred. Wisconsin’s EL policy handbook aims to provide a uniform process for identification so that EL determinations in one district align with those in others within the state. When questions or issues arise, districts should first gather all available evidence about the student’s language background from both the current district and any prior districts. Potential sources include the student’s academic record, the district Student Information System (SIS), and data from WISEdash Secure. After collecting available information, districts should consult this handbook to verify that proper procedures were followed, all required data were collected, and the EL determination was made based on the data. Special care should be given to the rules governing when the Home Language Survey (HLS) and the screener can be readministered, as data from a previous district may take precedence over any readministration in the current district. If it appears that the full EL determination process was not followed, or was followed incorrectly, districts should complete any procedurally incomplete parts and collect any missing data. The results of the completed process should be used to classify the student’s EL status appropriately.

Key takeaway: avoid premature or inconsistent changes to EL status; rely on a uniform, data-driven process that respects prior records and the full EL determination steps.

Procedures for Misidentification: Re-Evaluating EL Status (Misidentified as EL)

If a parent/guardian or the district believes that the initial identification of EL was in error, the student may be re-evaluated with parental consent. To ensure uniform statewide practice and prevent inconsistent changes, the following process is defined:

1) The student’s parents must be informed about the potential error and why it might have happened.
2) The parents must be informed about the significance of a change in EL status for their child, including the programmatic changes and supports that follow.
3) The district must obtain written consent from the parents to re-evaluate the EL status.
4) With consent, the district must collect evidence using a Multiple Indicator Protocol (MIP).
5) The evidence collected through the MIP must be thoughtfully considered, and the determination of EL/not EL must be captured in writing in the student’s academic record, along with the MIP information and the rationale for the decision. Results of this investigation must be communicated to the parents, together with the final EL determination.

The MIP acts as a structured set of indicators used to support a re-evaluation decision and should be documented alongside the decision rationale.
Once the resolution is reached and the EL status is reclassified, the district record should reflect the updated status and the reasoning behind it.

Post-ACCESS Testing and Reclassification Procedures

If a student scores $5.0$ or higher on their initial ACCESS for ELLs assessment, they should be considered a Former EL (ELP $6$ ). Although it is very unlikely that a non-EL would be identified as a possible EL on their HLS, screened and identified as an EL, then take ACCESS for ELLs and score below $5.0$ , it is plausible in rare circumstances (e.g., inadvertent testing of a non-EL).

The majority of the re-evaluation process for a current EL who has taken ACCESS for ELLs follows the same steps listed above for a student who has not previously been identified as EL. In addition, districts must follow a formal process to gather and document information about the misclassification in consultation with the student’s parents.
The sample "Resolution of English Learner Misclassification" form (found at the end of this chapter) is designed to record the evidence gathered and to provide necessary information to the student’s parents so they understand the process and the implications of losing EL status. The form should be kept in the student’s academic record as evidence that the proper procedure was followed.
After the Resolution form is completed and added to the academic record, the student’s ELP code in the SIS should be changed to $7$ (Never EL). The WISEdata Portal will issue a warning, which the district may acknowledge.

Resolution of English Learner Misclassification: Form Contents and Use

Resolution of English Learner Misclassification

Student: Student ID: Grade: School: District: School Year: Initially Identified as EL: ELP Screener Score: ELP Assessment History (up to the last four years):

School Year Overall Composite ELP on ACCESS for ELLs
Notes

Evidence of Misclassification (check all that apply):

❑ Student’s parents have stated that the student’s first language was English.
❑ Student’s parents have stated that no language other than English was used in the home at the time of initial EL identification.
or ❑ Student was never identified as EL, but was inadvertently administered ACCESS for ELLs.

District Verification

The district of _, in consultation with this student’s parents, has gathered evidence verifying the misidentification of this student as an EL. The student’s parents have been communicated with in a language they can understand regarding the impact of this decision on their student and have given informed consent in writing to this process. Retain this document in the student’s academic record.

_
District Administrator Name Signature Date

Notes:

The form documents evidence and parental consent and should be retained in the student’s academic record as proof that proper procedures were followed to correct misclassification.
After completion, update the ELP code in the SIS to $7$ and acknowledge the WISEdata warning.

Parental Information and Consent to Remove EL Status

Parental Information

Schools are required by law to identify students who are not proficient in English and provide them with English language instruction and academic supports. ELs may access all educational opportunities, including gifted and talented programs, special education, and extracurricular activities. Students identified as ELs are assessed annually with the ACCESS for ELLs to measure English skills. When students show proficiency on this test, they are no longer ELs and no longer receive English language instruction. However, schools are not legally allowed to remove EL status from students who qualify for EL status through the misclassification process. Parents have the right to ask about language education services and the evidence showing how these services help their child develop English proficiency and succeed academically. Parents may refuse EL services at any time, but this does not remove the student’s EL status or protections under the law, nor the district’s responsibility to educate the student toward full English proficiency.

For a student to be identified as an English Learner, they must have learned a language other than English as a child, and must have received an English Language Proficiency test that showed a sufficient lack of English proficiency to hinder academic success. If a child was identified as an EL in error—if the first language learned was English—the parent may authorize the school to correct this misidentification by removing the EL status. To do so, the parent must initial and sign below to indicate understanding and agreement to remove EL status. If signed, the student will no longer be classified as an EL and will no longer receive EL services or be tested yearly on the ACCESS for ELLs.

Parental Consent

I have read the parental information above or I have had it read to me and I understand it. Initials: My child’s first language was English, and/or they first enrolled in school fully English proficient. Initials: I understand that my child will no longer have access to EL services and supports if their status of English Learner is removed. Initials: _

Parental Signatures

Parent Name: Signature: Date: Parent Name: ___ Signature: ___ Date:

Policy Version History and Updates

DPI recommends checking for updates to these policies at least annually. See http://dpi.wi.gov/english-learners for the most recent version of this document.

Version Date Modifications/Notes

0.9 4/25/2018 Initial release pending final edits
1.0 8/15/2018 Certification of Change process updated and form added
1.1 7/1/2019 Copyedits, revised post-ACCESS ELP $5$ + on initial test
1.2 1/31/2020 Copyedits

Connections to Foundational Principles and Real-World Implications

Legal and ethical obligation: ELs are protected by federal and state laws; misclassification can adversely affect access to services and supports meant to close opportunity gaps.
Uniformity and equity: The handbook’s procedures aim to standardize EL determinations across districts to minimize disparities in service provision.
Evidence-based practice: Decisions about EL status rely on multiple data sources (HLS, screener results, MIP, ACCESS history) and parental involvement.
Transparency and parental engagement: The process emphasizes informing parents about potential misclassification, the implications of EL status changes, and obtaining informed consent.
Documentation: All steps and rationale must be written into the student’s academic record, ensuring traceability and accountability.
Data integrity: When discrepancies exist between HLS results and prior data, the district must investigate and often resolve to consider the student as EL using the most recent ACCESS-based score until resolution.
Practical impact: Changing EL status affects program eligibility, language supports, and tracking, and must be handled carefully to avoid unintended loss of services or misallocation of resources.

Notes on Practical Implementation and References

Evidence sources to consider: academic records, SIS data, WISEdash Secure.
Precedence of data: HLS and screener results may be superseded by data from prior districts; consult the handbook to verify procedure.
When misclassification is confirmed: use the MIP, document the rationale, inform parents, and update the academic record accordingly.
If a student is misidentified as EL but later demonstrates English proficiency: ensure that the Misclassification Resolution form is completed, the EL status is adjusted, and the record reflects the updated status with appropriate coding (e.g., $7$ for Never EL).
The post-ACCESS process assumes there is a formal, parent-inclusive approach to documenting misclassification and ensures that the student’s record accurately reflects changes to their EL status and associated supports.

Summary of Key Concepts and References in this Chapter

EL status is protected; uniform determination is required across districts.
When issues arise, collect data from current and prior districts and follow the handbook procedures.
Home Language Survey (HLS) and screener readministration rules can cause precedence issues; verify data origin before reclassification.
If misidentification is suspected, steps include parent notification, consent, MIP data collection, and written EL/not-EL determination with rationale.
Post-ACCESS: a score of $5.0$ + on initial ACCESS leads to Former EL (ELP $6$ ); misclassification forms and procedures ensure correct status, with the final step of coding the SIS to $7$ (Never EL).
Resolution forms document misclassification investigations and consent, and are stored with the student’s academic record.
Parental consent is explicit and includes acknowledgment of potential loss of EL services.
Policy updates should be checked annually; key version history is summarized above.

Appendix: Concrete Language and Examples from the Transcript

Examples of potential data sources: a student’s academic record, the district SIS, and WISEdash Secure.
The process emphasizes documenting that all required data were collected before finalizing EL determinations.
The misclassification resolution form is designed to communicate with parents and is intended to be kept in the student’s academic record as evidence of proper procedures.
The policy acknowledges that sometimes students arrive without an educational record and that districts should communicate with parents with interpreter support to obtain prior history.