Why this guide matters for districts—and for service partners
Washington State serves more than 150,000 students identified as multilingual learners (MLs) through Transitional Bilingual Instruction Programs (TBIP). The 2024 Multilingual Learners: Policies and Practices Guide from the Office of Superintendent of Public Instruction (OSPI) clarifies what districts must do to meet federal and state civil rights obligations, and how to design services that are both compliant and effective.
For school and district leaders, the guide is more than a reference document—it is a roadmap for consistent procedures, defensible decision-making, and improved student outcomes. For providers who support schools (including online therapy and related services), it also signals the operational expectations districts must meet: timely identification, meaningful access to core instruction, designated English language development (ELD), and robust family communication practices.
Civil rights obligations: the non-negotiables
OSPI grounds multilingual learner services in civil rights requirements, including Title VI of the Civil Rights Act of 1964, the Equal Educational Opportunities Act of 1974, and federal guidance such as the 2015 Dear Colleague Letter. In practice, districts must ensure three core elements are in place:
- Appropriate identification, screening, testing, notification, and reporting
- Meaningful access to core content delivered by trained and supported educators
- Designated ELD planned and delivered by an educator with the knowledge and skills to teach language acquisition
The guide also highlights landmark court cases that shape district responsibilities:
- Lau v. Nichols (1974): MLs must receive supports for meaningful access to rigorous content.
- Castañeda v. Pickard (1981): Programs must be research-based, properly resourced, and evaluated for effectiveness.
- Plyler v. Doe (1982): Undocumented students have the right to attend public K–12 schools; districts may not “chill” access by requesting immigration documentation.
Step 1: Identification must be timely, consistent, and documented
OSPI is explicit: districts must determine each newly enrolled student’s primary language and eligibility by the 10th day of attendance. The Home Language Survey (HLS) is the first gate in the process, and districts must ensure enrollment staff are trained to administer and interpret it correctly.
Home Language Survey: what matters most
For identification purposes, OSPI emphasizes two questions (aligned to the state-approved HLS):
- What language(s) did your child first speak or understand?
- What language does your child use the most at home?
If the answer to either question indicates a language other than English (or English plus another language), the student should be referred for English language proficiency screening. The completed, dated HLS must be retained in the student’s cumulative file (paper or electronic).
Enrollment protections for immigrant students
The guide is clear that districts must identify “immigrant children and youth” for Title III reporting purposes, but may not take steps intended to determine documentation status. Prohibited practices include requiring Social Security numbers from students, asking questions that expose undocumented status, or treating students differently to determine residency.
Step 2: Screening and eligibility—WIDA is central
Washington State uses WIDA assessments for screening and annual proficiency measurement:
- WIDA Screener for Kindergarten
- WIDA Online Screener (Grades 1–12)
- WIDA Paper Screener when accommodations are required
Students whose primary language is not English must be screened by the 10th school day.
Eligibility thresholds (Grades 1–12)
Eligibility for ELD services is determined by domain scores and overall composite score. To be considered proficient and ineligible for services:
- Grade 1: minimum domain score 4 and minimum overall score 4.5
- Grades 2–12: minimum domain score 4 and minimum overall score 5.0
Kindergarten and Transitional Kindergarten (TK) nuances
- Kindergarten: screening requirements vary by time of year (listening/speaking only prior to January 1; all domains after January 1).
- Transitional Kindergarten: because WIDA K assessments are not validated for children under 5, TK students can be provisionally qualified based on HLS and then screened beginning May 1.
OSPI also discourages pull-out services as “best practice” for early multilingual learners, favoring inclusive supports and educator professional learning.
Placement and family notification: timelines districts must meet
Eligible MLs must be screened and placed in an ELD program within 10 school days. Parent/guardian permission is generally not required for ELP screening for placement, but notification is required when a student qualifies for services.
Notification deadlines:
- Within 30 days after the beginning of the school year, or
- Within two weeks of placement if the student qualifies during the school year
Families also must receive annual results from the state language proficiency assessment and notification of continued eligibility.
Waivers (opt-out) are parent-initiated and must be documented
Under WAC 392-160-015, parents/guardians may opt their child out of TBIP services, but districts must:
- Explain benefits in a language the family can understand
- Keep a signed waiver in the cumulative file
- Continue annual English language proficiency assessment until exit criteria are met
- Ensure the student still has equal opportunity to meet language and academic needs
Program models and service design: what “counts” as designated ELD and accessible content
Washington recognizes multiple TBIP program models, with Dual Language identified as the priority model statewide. However, districts may implement Transitional Bilingual Education, Supportive Mainstream, Content-Based (Sheltered) Instruction, Newcomer Programs, and services within Alternative Learning Environments.
Designated ELD: OSPI’s practical criteria
Designated ELD must be intentional and standards-based. Key expectations include:
- Planning: designed by or with an ELD specialist (ELL/Bilingual endorsed) and aligned to proficiency level and WIDA ELD Standards Framework
- Teaching: uses adapted resources and addresses all four domains (as needed)
- Staffing: may be delivered by teachers or paraprofessionals only when there is sufficient expertise and direct supervision/support by endorsed staff
Meaningful access to core content
“Supportive” is not a label—it is an instructional obligation. Content instruction must be planned collaboratively (content teacher + ELD expertise), integrate academic language expectations, and use strategies such as GLAD, SIOP, and UDL to reduce linguistic barriers without lowering rigor.
MTSS for multilingual learners: ELD must be embedded across tiers
OSPI frames MTSS as a way to organize adult actions to ensure access, equity, and inclusion. A critical point for implementation: ELD services are not separate from MTSS. Language supports must be integrated in Tier 1, Tier 2, and Tier 3 interventions so that academic supports are actually accessible.
Progress monitoring should include both language and academic measures, and districts are encouraged to build an assessment plan that uses multiple data points across the year—not only the annual WIDA ACCESS.
Early literacy screening: avoid conflating language development with disability
OSPI requires that eligible MLs participate in early literacy screening, with an important exception: newcomers are exempt for their first four months in U.S. schooling. The guide warns against directly comparing ML screening results to grade-level norms and recommends examining growth over time, considering opportunity to learn, and using home-language screeners when appropriate and properly normed.
Staffing, training, and compliance: districts must show capacity, not just intent
OSPI underscores that TBIP is a basic education requirement grounded in civil rights law. TBIP and Title III funds are supplemental; they cannot replace what districts must already provide.
Key staffing takeaways include:
- Teachers funded by TBIP must hold an ELL or Bilingual endorsement.
- Paraprofessionals may not replace qualified teachers and must be trained and supervised.
- While ratios vary by model, OSPI notes an ideal endorsed-teacher-to-ML ratio around 1:25, with 1:50 as an “adequate” benchmark.
Program evaluation and OSPI monitoring: be ready to show evidence
Districts are expected to evaluate TBIP effectiveness annually, aligning with the Castañeda framework. Evaluations typically include:
- Process evaluation: procedures, staffing, service delivery, perceptions, implementation fidelity
- Summative evaluation: proficiency attainment, time to exit, LTEL rates, graduation outcomes, post-exit academic performance
OSPI’s Program Review and Support (PRS) process requires documentation in student cumulative files (HLS, screener results, notifications, annual scores, waivers, transition letters). In other words: if it is not documented, it effectively did not happen during monitoring.
Family communication and language access: vital information must be understandable
Districts must provide vital communications in a language parents/guardians can understand, using qualified interpreters/translators (never students). Vital communications include parent-teacher conferences, special education meetings, discipline matters, consent forms, and notices of rights.
Title III also requires family engagement activities that help families support English development and academic achievement, and that create regular opportunities for families to provide recommendations.
Where TinyEYE fits: aligning online therapy with multilingual learner systems
TinyEYE provides online therapy services to schools, and multilingual learner guidance has practical implications for how related services are coordinated and delivered. In many districts, students who are MLs may also receive speech-language or other support services, and the OSPI guide repeatedly emphasizes multidisciplinary collaboration, appropriate accommodations, and careful differentiation between language acquisition and disability-related needs.
When schools align therapy delivery with ML program requirements, they strengthen compliance and outcomes by:
- Supporting team-based decision-making (ELD staff, general education, special education, related service providers)
- Ensuring families receive meaningful communication with qualified interpretation
- Using progress monitoring practices that consider language development alongside academic and functional performance
- Reducing misidentification risk by distinguishing second-language development patterns from disability indicators
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