Help for newcomer and English learner students, and your right to an interpreter

This page is general information, not legal advice. For every school right in one place, see Your child's rights in California public schools.

Who counts as a newcomer or English learner?

Newcomer is a broad word for children born outside the U.S. who are new to U.S. schools. The California Department of Education says it can include English learners, refugees, asylees, unaccompanied children, undocumented youth, migratory students, and students whose schooling was interrupted.

For some state laws, "newcomer pupil" has an exact meaning: a student ages 3 to 21, born outside the U.S., who has not attended U.S. schools for more than three full school years. CDE uses that definition for the AB 714 rules below.

English learner means a student whose home language is not English and who is still building the English needed to succeed in class.

CDE says newcomer students are protected under federal law in accessing a free, safe and appropriate public education, regardless of their home language or immigration status. Every child can enroll. See Every child can go to public school.

What happens when we enroll?

1. Home language survey. You answer a few questions about the languages spoken at home.
2. The Initial ELPAC. If a language other than English is spoken, the school gives an English test called the Initial ELPAC. The school must tell you in writing before the test and send you the results in writing within 30 calendar days of your child's first day, per CDE.
3. Placement. A child who is still learning English is classified as an English learner and gets English support.

Do not worry if your child is placed as an English learner. It is a service, not a label against them.

Schools may not ask your immigration status to enroll. They may ask a birthplace or entry date question only as optional and separate, and it cannot block enrollment, per the Attorney General.

What help does my child get?

Every English learner gets two kinds of English instruction, per CDE:

• Designated English language development (ELD): a set time each day focused on English.
• Integrated ELD: English support inside math, science, history and other classes.

Many districts also offer newcomer programs, bilingual or dual language classes, tutoring and counselors for families who just arrived. These vary by district. Ask what yours has.

Can I choose a program? Yes, within limits. Parents may choose a language program that fits their child. A school must offer a language program, to the extent possible, when the parents of 30 or more students at the school, or 20 or more in one grade, ask for it (Education Code 310). The district must describe its programs in its yearly parent notice or at enrollment.

How does my child stop being an English learner?

This is called reclassification. It changed in 2026.

Under AB 2555, starting in 2026 to 2027, a student who reaches overall level 4 on the Summative ELPAC (or level 3 on the Alternate ELPAC) can be reclassified as fluent on that score alone. Starting with the 2027 to 2028 test, reclassification becomes automatic, and the school monitors the student for four years after, per CDE's AB 2555 FAQ.

As a parent of an English learner, you have the right to meet the teacher about your child's English progress, what they need to be reclassified, and chances to become bilingual, including the State Seal of Biliteracy. You also have the right to your child's English test results (Education Code 51101).

Ask every fall: "Is my child still an English learner? What score do they need?"

Do I have a right to an interpreter?

It depends on the kind of meeting or paper. Here is what California law clearly says.

Written notices in your language. If 15 percent or more of a school's students speak one language other than English at home, the school must send notices, reports and records to those parents in that language as well as English. You can answer in either language (Education Code 48985). Bullying and discrimination complaint forms follow the same rule (Education Code 234.1).

Notices to parents of English learners. Districts must take all reasonable steps to tell these parents about their rights in English and in their home language. A parent's limited English does not stop them from using those rights (Education Code 51101.1).

Special education meetings (IEP). The school must do what is needed so you understand the meeting, including arranging an interpreter if your native language is not English (Education Code 56341.5). Federal rules also require special education notices in your native language unless that is clearly not feasible (34 CFR 300.503). See How to get special education services for your child.

Other meetings (parent conferences, discipline meetings, enrollment). The Education Code sections above cover written notices and IEP meetings; they do not spell out an interpreter for every other meeting. Many districts provide one anyway. Ask in writing a few days before. If the school says no, ask the district's English learner office.

Federal civil rights. The U.S. Office for Civil Rights says national origin discrimination includes discrimination based on limited English or English learner status. If your child is shut out of learning because of language, or you are shut out because no one will communicate with you, you can file a complaint. See How to file a discrimination complaint against a school.

Do not let your child interpret at meetings about their own grades, behavior or disability. It puts them in a hard spot, and important details get lost.

Can my teen graduate on time?

Maybe. California has a special rule for newcomer teens who arrive late in high school.

A newcomer student in their third or fourth year of high school may be exempt from graduation requirements the local district added on top of the state's minimum course list, unless the district finds the student can reasonably finish the local requirements by the end of the fourth year (Education Code 51225.1). Being in grade 11 or 12 can be used to show the student is in the third or fourth year.

Key points:

• The district must tell you. Within 30 calendar days of the transfer, it must notify the student and parent about the exemption and whether the student qualifies.
• A fifth year may be possible. If the student could finish the district requirements in a fifth year, the district must talk with you about that option.
• It is your choice. The student or parent decides whether to accept the exemption, based on the student's best interests.
• Think about college. The state minimum may not meet UC or CSU course requirements. Ask a counselor before you accept.

If your teen is 18 or older, adult school and community college are also options. AB 540 can count adult school years toward in state tuition. See Who qualifies for in state tuition in California (AB 540).

How can I have a voice at school?

• ELAC. A school with more than 20 English learners must have an English Learner Advisory Committee. Parents of English learners must hold seats at least in proportion to their children's share of the school (Education Code 52176).
• DELAC. A district with more than 50 English learners must have a districtwide committee. Parents of English learners who are not district employees must be the majority.

These committees advise on programs and plans. Ask the school office when ELAC meets. Meetings are a good place to ask for interpreters and newcomer services.

What if my child had little schooling before?

Some newcomers had their schooling interrupted by war, travel, work or poverty. CDE calls them students with limited or interrupted formal education (SLIFE). Tell the school what grades your child finished and when. Ask about tutoring, smaller classes or a newcomer program.

If your child also seems to have trouble beyond learning English, ask for a special education assessment. Learning English alone does not qualify a child for special education (Education Code 56026), but an English learner can also have a disability.

Many newcomers have been through a lot. If your child is scared, sad or not sleeping, see Help children who are afraid of immigration raids or Mental health help for children in California.

What mistakes should I avoid?

• Not asking for an interpreter because you do not want to bother anyone. Ask every time.
• Signing papers you don't understand. Ask for a translation first.
• Assuming English classes mean your child is behind. Many strong students start as English learners.
• Accepting a graduation exemption without checking college plans.
• Missing the 30 day notice. If your teen transferred and the school never mentioned the newcomer exemption, ask.

Questions people ask

Will the school ask about our immigration status? No. California schools may not collect status information except as the law requires (Education Code 234.7).

My language is not common at our school. Will I get anything in my language? The 15 percent rule may not apply. You can still ask for an interpreter, and you have a clear right to one at IEP meetings.

Can my child skip the ELPAC? The Initial ELPAC is part of identifying English learners. Talk with the school if you think the result was wrong.

My child is in a dual language program. Is that allowed? Yes. California lets parents choose language programs, and schools must offer one when enough parents ask.

I live outside California. Federal civil rights protections apply in every state. The California rules on this page do not. Ask your district for its English learner and language access policies.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your district's English learner or multilingual office: program choices, ELAC, interpreters.
• CDE Language Policy and Leadership Office (statewide): 916-319-0845, per the newcomer page.
• California Attorney General, Bureau of Children's Justice (statewide): (800) 952-5225, BCJ@doj.ca.gov.
• Community Legal Services in East Palo Alto (low income residents of San Mateo and Santa Clara counties): (650) 326-6440, per CLSEPA.