Testing Limited English Proficiency Students

The U.S. Department of Education (ED) has issued non-regulatory guidance on assessment and accountability for limited English proficiency (LEP) students under the No Child Left Behind Act (NCLB), as well as a notice requesting recommendations on developing a federal framework to consider in evaluating the quality of their standards and assessments for English language proficiency (ELP). Non-regulatory guidance does not have the force of law but reflects the current state of an agency’s thinking about the subject. ED issued the final regulations on which the guidance is based in September 2006. These regulations are summarized at the second link below. The guidance provides questions and answers concerning the use of native language and English language assessments for recently arrived LEP students and the inclusion of former LEP student scores in the LEP student subgroup for purposes of calculating adequate yearly progress under NCLB.

The ELP framework for states will be used not only to help states examine their standards and assessments but also to help them identify their technical assistance needs. ED specifically invites recommendations on four questions: (1) What are the critical elements to ensure ELP standards promote effective instruction? (2) What are the critical elements to ensure ELP assessments are valid and reliable? (3) What are the critical elements to ensure ELP standards and assessments are aligned? (4) What strategies can ensure ELP standards are aligned with challenging state academic standards and student achievement? Recommendations are due August 1, 2007. In addition, ED will hold a series of public meetings to seek recommendations: on June 20 in Nashville, TN, and on July 18 and July 26 in Washington, DC.

The issue of assessments of LEP students was recently the focus of a high-profile confrontation between federal officials and some Virginia school boards, as well as litigation in the state of California, detailed at the respective links below.
[ED non-regulatory guidance on LEP assessments]
[NSBA School Law pages on final regulations on LEP accountability]
[ED notice regarding ELP standards]
[NSBA School Law pages on ELL testing dispute]
[NSBA School Law pages on Coachella litigation]