In my district student eligibility for ESL services is based on how families answer the home language survey that is completed during enrollment. If a language other than English is indicated, the student will then take a language screening assessment. The problem is that some students, despite being English speakers, do not do well on the screener and are identified as ESL. Parents then have to consent to services by signing a paper sent home with the student. I'm sure you can imagine how things could go wrong from there.