ESL / ELL: NOT LABELED ELL BUT SHOULD HAVE BEEN

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Melissa: Our daughter was adopted from India at age 4. On her Kindergarten enrollment form we put 2 foreign languages down as her first languages. I have a copy of that form. There was a “mistake” and the “secretary” entered “English” into the system. Our daughter was never given the WIDA Access test. She was in 4th grade last year we fought to have her tested and she was labeled ESL. Do we have any recourse for the mistake they made and for those years of her never receiving the help she needed? Did they violate the law by not having her tested even though we stated two different foreign languages on her enrollment form?

  1. Where is she now in terms of her academic strengths and weaknesses? If she is behind, what remediation is required to move her forth so she makes progress in a timely manner?

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