English learner (EL) education is widely conceived as services for immigrant-origin students, however nearly one in ten American Indian, Alaska Native, and Native Hawaiian students are classified in school as ELs. Title III of the Every Student Succeeds Act (2015) defines EL eligibility differently for Indigenous, compared to non-Indigenous, students with implications for who is identified as an EL and how best to serve their academic and linguistic interests. This study presents findings from a 50-state review of Indigenous EL identification policy. We find that states fall into four categories ranging from no differentiation in Indigenous EL identification to clear differentiation. We describe each of these four categories and conclude with reflections on how this wide variation in state policies has implications for Indigenous students’ educational resources and experiences.
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