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Management Bulletin 23-03 Updated Guidance

Updated Guidance on Identification of Dual Language Learners for Managment Bulletin 23-03.

Early Education Division

Subject: Updated Guidance on Identification of Dual Language Learners

Number: 23-03

Date: March 2023

Expires: Until rescinded

Authority: Assembly Bill (AB) 1363 (Chapter 498, Statutes of 2021); California Education Code (EC) Section 8241.5; Assembly Bill 210 (Chapter 62, Statutes of 2022); Assembly Bill 321 (Chapter 903, Statutes of 2022)

Attention: Executive Directors and Program Directors of all California State Preschool Programs

<begin add> Note: This Management Bulletin (MB) revises and replaces MB 22-04(a). This MB is being revised to remove Attachment C and Attachment D and provide a link to the Preschool Language Information System (PLIS) Landing Page, all other guidance has remained the same.

For ease in determining what has been revised from MB 22-04(a), all new text can be seen in bold italic font with difference marking around the additions that reads <begin add> and <end add>. Any deletions can be found as bold italic font that is struck through, also with difference marking around the deletions that read <begin delete> and <end delete> Any changes between MB 22-04 and MB 22-04(a) that were reflected in change formatting in MB 22-04(a) are now embedded within this MB.

All changes and or additions found in this MB supersede the guidance found in MB 22-04(a). <end add>

Purpose

The purpose of this REVISED MB is to notify and provide guidance to California State Preschool Program (CSPP) contractors regarding new requirements for identifying and collecting data on dual language learners (DLL) including multilingual learners, language characteristics of preschool programs and language composition of program staff.

Policy

Except as provided below, CSPP contractors are required to use the Family Language Instrument and the directives in this MB to identify dual language learners in CSPP and report child and program data to the California Department of Education (CDE).

For children that are dually enrolled in CSPP for Extended Learning and Care around their Transitional Kindergarten (TK) or kindergarten program day (under the provisions of Education Code [EC] 48000[l]), contractors may do either of the following for the purposes of determining dual language learner status in CSPP:

  • Conduct the Family Language Instrument to determine the dual language learner status of the child, or
  • Use the child’s designation as an English learner through the state assessment for English Language Proficiency, as provided in the directive below.

Once contractors determine whether a child is a dual language learner as described above, contractors must conduct the Family Language and Interest Interview for children that are designated as dual language learners.

Contractors must also collect and report data on dual language learner status for children, language characteristics of preschool programs, and language composition of program staff as specified in the directive below

Directives for Implementation

This MB includes the following:

Determining Dual Language Learner Status

Contractors must determine dual language learner status for every child enrolled in CSPP by one of two approaches:

  • Conduct the Family Language Instrument to determine dual language learner status, or
  • Obtain information on the child’s designation as an English learner in TK or kindergarten as specified below. <begin delete> (This approach is only possible if the child is dually enrolled in CSPP and TK or K for expanded learning and care.) <end delete> <begin add> (This approach is only possible if the child is dually enrolled in TK or kindergarten and CSPP for extended learning and care.) <end add>
Conducting the Family Language Instrument

The Family Language Instrument (Attachment A) is a four-question survey. When conducting the Family Language Instrument, contractors must ask all four questions in the instrument to the child's family. However, contractors have the flexibility to place the four-question survey onto their own forms.

A completed Family Language Instrument must be kept and saved in the family data file.

The Family Language Instrument must be completed for each child even if there are multiple children from the same family. (When multiple children are enrolled from the same family, the CDE recommends the instruments be conducted at the same time to minimize burden for families.)

The Family Language Instrument can either be completed in person or via phone and web conferencing with the enrollment staff or be shared with families as a form for them to fill out and return as part of their enrollment paperwork. The CDE recommends that the staff providing the instrument share information with families about the intent and purpose of the Family Language Instrument before requiring families to complete it. To aid in this conversation, the CDE has included some information in Attachment A that contractors can share with parents.

To the extent possible, the CDE strongly encourages contractors to communicate with the parent about the instrument and provide it in the language the family speaks. To assist with this, the CDE will be providing translations of the Family Language Instrument in: Spanish, Vietnamese, Mandarin (Putonghua), Arabic, Cantonese, Filipino (Pilipino or Tagalog), Punjabi, Russian, Farsi (Persian), and Korean.

These translations can be accessed here: < begin delete>Management Bulletin 22-04 Translations <end delete> <begin add> https://www.cde.ca.gov/sp/cd/ci/csppdlltools.asp <end add>

Determining Dual Language Learner Status

Contractors must designate children as dual language learners in CSPP in accordance with the following:

  • If a language other than English is the answer to questions 1, 3, or 4 of the Family Language Instrument, or
  • If the answers to the Family Language Instrument questions 1, 3, or 4 indicated English only, but program staff determine within 30 calendar days, through child observations, that the child demonstrates they speak, respond to, or understand a language other than English, the contractor must share these observations with the family and review with the family the responses to the Family Language Instrument, updating as necessary to ensure proper designation.
Determining Dual Language Learner Status from English Learner Status in TK-12 System

Children enrolled in CSPP may also be enrolled in TK or kindergarten. For example, children may be receiving extended learning and care from CSPP outside of their TK or kindergarten instructional minutes, pursuant to EC 48000. Contractors have two main options for determining the dual language learner status for these children as described below.

If a child enrolled in CSPP is also enrolled in either TK or kindergarten, the contractor may choose (but is not required) to determine the dual language learner status of the child based on their English learner designation in the TK-12 system. The English learner designation is determined through the Initial English Language Proficiency Assessments for California (ELPAC).

Contractors that are not the local educational agency (LEA) serving the TK or kindergarten student may determine that the child is designated as an English learner in the TK-12 system through one of the following ways:

  • Contractors may ask families with children enrolled in TK or kindergarten for a copy of the Initial ELPAC Student Score Report (or more recent documentation, if that is available), designating whether their child is an English learner in the TK-12 system.
  • Contractors may ask parents and guardians to sign a consent form for the LEA serving the TK or kindergarten student to allow the release of the Initial ELPAC Student Score Report (or more recent documentation, if available) to the contractor.
  • Contractors may enter into written agreements with LEAs serving the same children to have those LEAs deem the contractor to be their authorized representative for purposes of sharing information on English learner status for CSPP-enrolled students with the contractor. Such agreements must conform to federal and state privacy law requirements including the Family Educational Rights and Privacy Act ([FERPA] 20 U.S.C. § 1232g; 34 Code of Federal Regulations [CFR] Part 99) in order for the LEA to share educational records with the contractor without parental and guardian consent. The CDE encourages all LEAs to create such agreements with contractors in their attendance area so they can share information on English learner status with CSPP contractors at their request to remove the burden from families and ensure important information on children is shared with those responsible for serving the children.

Contractors that are the LEA serving the TK or kindergarten child may share the child’s English learner status with the LEA’s preschool staff, as necessary, without the need for parental and guardian consent or a written agreement.

Under any of these approaches, documentation from families or from LEAs serving the child must be saved in the Family Data File.

If contractors are unable to or choose not to determine dual language learner status based on English learner designation for dually enrolled children, contractors must administer the Family Language Instrument for those children to determine dual language learner status.

If a TK or kindergarten student has been identified as Initially Fluent English Proficient (IFEP) as determined by the Initial ELPAC assessment but appears to know and understand another language besides English, the CDE recommends administering the Family Language Instrument to determine the child’s dual language learner status in CSPP.

If a child enrolled in CSPP is designated as a dual language learner based on the results of the Family Language Instrument, and is subsequently enrolled in TK or kindergarten while remaining in CSPP (for example, a three-year old served in CSPP and dually enrolled in TK and CSPP the following year), contractors have two options:

  • The contractor can continue to use the designation of a child as a dual language learner based on the previous results of the Family Language Instrument, or
  • The contractor can update the designation for dual language learner to align with the TK-12 English learner designation determined by the Initial ELPAC assessment.

If the contractor obtains the English learner status and it is not aligned with the dual language learner determination based on the results of the Family Language Instrument, the contractor can choose which determination to rely on.

Supporting Dual Language Learners

For any child who is identified as a dual language learner, the CDE recommends CSPP contractors provide families with resources on the benefits of strengthening children’s bi- and multilingualism and ideas for what they can do at home to support their child’s language development. Suggested resources to support this can be found at the bottom of this MB.

The Family Language and Interest Interview

The Family Language and Interest Interview (Attachment B) must be completed for all children enrolled in CSPP who have been identified as a DLL under the processes described above.

The Family Language and Interest Interview must be conducted by the child's teacher or other designated staff in collaboration with the child's family.

If the child’s teacher is not the staff conducting the interview, staff conducting the interview must share the results with the child’s teacher in order to best support the child.

The CDE recommends at least fifteen minutes be dedicated per family. Ideally, the interviews are to be conducted in person when it is safe to do so; but can be done by phone or through an online conferencing application such as Zoom, WebEx, or Teams.

The CDE recommends the teacher or other designated staff conducting the interview provide families with information about the intent and purpose of the Family Language and Interest Interview before asking the questions. To aid in this conversation, the CDE has included some information in the beginning of Attachment B that contractors can share with parents.

To the extent possible, the CDE strongly encourages contractors to conduct the interview in the language the family speaks. To assist with this, the CDE will be providing translations of the Family Language and Interest Interview in Spanish, Vietnamese, Mandarin (Putonghua), Arabic, Cantonese, Filipino (Pilipino or Tagalog), Punjabi, Russian, Farsi (Persian), and Korean.

These translations can be accessed here: <begin delete> Management Bulletin 22-04 Translations <end delete> <begin add> https://www.cde.ca.gov/sp/cd/ci/csppdlltools.asp<end add>

Contractors have the flexibility to place the questions for the Family Language and Interest Interview onto their own forms. Notes from the Family Language and Interest Interview must be kept as part of the family data file.

The Family Language and Interest Interview must be completed for each child identified as a dual language learner even if there are multiple children from the same family. (When multiple children are enrolled from the same family, the CDE recommends the interview questions for both children be asked at the same time to minimize burden for families.)

Timeline for Implementation

Before January 1, 2023

The CDE encourages contractors, as much as they are able, to (1) conduct the Family Language Instrument or obtain English learner designation documentation at enrollment, and (2) conduct the Family Language and Interest Interview for any identified dual language learners within 30 calendar days of enrollment.

By January 1, 2023, contractors must do the following for all currently enrolled children that will continue to receive services after January 1, 2023:

  • Make determinations of whether children are dual language learners using the processes described above titled Determining Dual Language Learner Status
  • Conduct the Family Language and Interest Interview for identified dual language learners
January 1, 2023 and Beyond

Beginning January 1, 2023 for any child enrolled, contractors must:

  • Determine Dual Language Learner Status: Contractors must determine dual language learner status using the process described in this MB. If using the Family Language Instrument, contractors must complete the instrument with the parent or guardian of each child no later than upon enrollment. These questions must be completed by the parent or guardian of the child no later than upon enrollment. If using English learner designation to determine dual language learner status, contractors must obtain documentation of the designation no later than upon enrollment.
  • Family Language and Interest Interview: Contractors must conduct the Family Language and Interest Interview for children identified as a dual language learner within 30 calendar days of enrollment.

Requirements for CSPP Contractors Operating Family Child Care Home Education Networks (FCCHENs)

As required by EC 8241.5, the procedures to identify and report dual language learners as described in this MB are the sole responsibility of the CSPP contractor. As a result, CSPP contractors operating a FCCHEN are responsible for conducting the Family Language Instrument or obtaining documentation on English learner status for all children enrolled in their CSPP program as described above. CSPP contractors operating a FCCHEN are also responsible for conducting the Family Language and Interest Interview with families enrolled in their FCCHEN contract.

The CDE encourages CSPP contractors operating a FCCHEN to conduct the Family Language and Interest Interview alongside, and in collaboration with, the family child care provider. To the extent this is not possible, the CSPP contractor operating the FCCHEN must share the results of the interview with the family child care provider serving the child.

Per EC 8241.5, family childcare providers operating in a CSPP FCCHEN are not responsible or liable for the accuracy of data. Additionally, the identification and reporting of dual language learners by CSPP FCCHEN contractors shall not impact the status of a provider within a CSPP FCCHEN.

Data Reporting

Per EC 8241.5, contractors are required to report data on dual language learners enrolled in a CSPP along with family, classroom, and teacher information.

To submit this report, the CDE has created a separate portal to enter in required data. This portal <begin delete> will be <end delete> <begin add> is <end add> called the Preschool Language Information System (PLIS). To log in to the portal, contractors will enter their same credentials used for the Child Development Management Information System (CDMIS). The PLIS can be accessed here: http://www3.cde.ca.gov/plis <begin add> The Preschool Language Information System (PLIS) Data Reporting Instructions (formerly Attachment C) and the Preschool Language Information System (PLIS) Reporting Schedule (formerly Attachment D) can be found on the PLIS Landing Page which can be accessed here: https://www.cde.ca.gov/sp/cd/ci/plissupportlanding.asp <end add>

Contractors are required to submit the PLIS Report on a quarterly basis, with the first required report containing information on children enrolled between January 1–March 31, 2023. The submission period for the first required report will open on April 1, 2023, and will remain open until April 20, 2023.

The CDE encourages contractors to begin data collection for the PLIS Report on enrolled children and their preschool programs for the December 1, 2022 to December 31, 2022, reporting period, and to use this data to submit a discretionary PLIS Report. This will be used as an optional reporting period for contractors to familiarize themselves with the PLIS, and to receive technical assistance on submitting the PLIS Report. The submission period for the optional report <begin delete> will open <end delete> <begin add> opened <end add> on January 1, 2023, and will remain open until <begin delete> January 20 <end delete> <begin add> March 31 <end add>, 2023.

The CDE will be notifying contractors of an upcoming technical assistance webinar on the PLIS and PLIS Report at a later date. Contractors can also expect to receive reminders for data collection and reporting.

Contractor Reimbursement and Fiscal Reporting Requirements

Adjustment Factor for Dual Language Learner Children

Assembly Bill (AB) 210 increased the dual language learner adjustment factor from 1.1 to 1.2. The Fiscal Year (FY) 2022–23 Enrollment, Attendance, and Fiscal Report in the Child Development Provider Accounting Reporting Information System (CPARIS) will be updated to reflect this change to the dual language learner adjustment factor.

<begin delete> Note: Due to the provisions of EC 8244, the dual language learner adjustment factor does not apply to part-day CSPP. <end delete>

<begin add> Note: Unless superseded by a change in statute, due to the provisions of EC 8244, the dual language learner adjustment factor does not apply to part-day CSPP. <end add>

Enrollment, Attendance, and Fiscal Reporting within CPARIS

In order to utilize the dual language learner adjustment factor, the process for identification of a dual language learner set forth in this MB must be used as of January 1, 2023.

Prior to January 1, 2023, contractors can either report the child days of enrollment within the dual language learner adjustment factor category using their current process or may implement the provisions set forth in this MB. Effective January 1, 2023, contractors must implement the provisions of this MB before they may report under the dual language learner adjustment factor. Contractors who enroll children after January 1, 2023, must have made the determination that the child is a dual language learner as described in the Determining Dual Language Learner Status section above in order to report the child under the dual language learner adjustment factor category. Documentation of dual language learner status using the process described above will support the reporting of the child days of enrollment under the dual language learner adjustment factor category.

Background and Authority

EC Section 8205 defines “dual language learner children” as children whose first language is a language other than English or children who are developing two or more languages, one of which may be English.

EC Section 8244 allows for actual child days of enrollment to be adjusted by an adjustment factor when the child meets specified criteria. Adjustment factors recognize that different categories of children require special and appropriate services and that the costs for these services vary. Specifically, EC Section 8244(b)(4) states that in order to reflect the additional expense of serving full-day preschool children, the adjustment factor for dual language learners, as defined in EC Section 8205(o) and have been identified as a dual language learner, shall be 1.2.

Pursuant to EC Section 8241.5, enacted through AB 1363 in 2021 and later modified by AB 210 (2022), the CDE is required to develop procedures for CSPP contractors to identify and report data on children that are dual language learners enrolled in a CSPP. Pursuant to EC Section 8241.5, enacted through AB 1363 in 2021 and later modified by AB 210 (2022), the CDE is required to develop procedures for CSPP contractors to identify and report data on children that are dual language learners enrolled in a CSPP. At a minimum these procedures are required to include all of the following:

  • The distribution and collection of a completed family language instrument
  • A family language and interest interview
  • Criteria for CSPP contractors to use to accurately identify dual language learners enrolled in their preschool programs

Among other changes, AB 321 modified EC Section 8241.5 to require that the Family Language Instrument be completed no later than upon enrollment of the child. This requirement is effective January 1, 2023.

EC 8241.5 also requires data to be reported about children that are dual language learners and the preschool program that they are being served in, which shall include at a minimum all of the following:

  • A child’s home language, the language the child uses most, and the family’s preferred language in which to receive verbal and written communication.
  • A child’s race or ethnicity.
  • Language characteristics of the preschool program, including, but not limited to, whether the program uses the home language for instruction, such as a dual language immersion program, or another program that supports the development of home languages.
  • The language composition of the program staff.

As required by EC 8241.5, dual language learner identification for CSPP students enrolled in TK or kindergarten may be determined through the English learner designation process (through administration of the Initial ELPAC) in the TK-12 system and that identification for children enrolled in CSPP will not be connected to or associated with the English learner (EL) designation in the TK-12 system.

The CDE intends to promulgate regulations in the future to implement these new requirements. In the interim, pursuant to authority provided in EC 8241.5(g)(2), this MB and accompanying attachments constitute informal guidance, and the directives in this MB are mandatory to implement the legislation and, as such, must be followed by contractors.

Resources

Resources to share with families regarding the benefits of multilingualism and home language development:

If you have programmatic questions regarding the information in this MB, please contact your assigned Early Education Division (EED) Program Quality Implementation (PQI) office Regional Consultant. The CDE, EED Consultant Regional Assignments directory web page can be located at https://www.cde.ca.gov/sp/cd/ci/assignments.asp.

If you have fiscal questions regarding the information in this MB, please contact your assigned Early Education Nutrition and Fiscal Services (EENFS) fiscal apportionment analyst. The EENFS fiscal analyst directory web page can be located at https://www.cde.ca.gov/fg/aa/cd/faad.asp.


Stephen Propheter, Director
Early Education Division

Questions:   Early Education Division | 916-322-6233
Last Reviewed: Monday, February 12, 2024
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