Identification, Screening, Placement, and Assessment

of English Learners

andExiting from LEP Status

January 12, 2012

Stacy Freeman, Title III SpecialistRobert Fugate, LEP Assessment Specialist

Purpose of Title III Improvement WebinarsThese webinars will address• compliance with federal and state provisions for

the education of English learners (ELs);• understanding and using assessment data to

inform instruction for ELs;• VDOE resources available for reading and

mathematics instruction; and • developing and implementing a continuous

improvement model for Title III.

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Purpose of WebinarUnderstanding the Elementary and Secondary Education Act of 1965 (ESEA) requirements for accountability (identification, screening, and placement) and assessment of ELs is critical to administering a compliant and effective English language instructional program to ensure ELs are provided full and equal access to the same curriculum and educational opportunities as all students.

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Federal and State Law

Federal LawThe requirement for school divisions to identify, screen, and place English learners (ELs) is not explicitly stated in federal law. Rather, this requirement stems from various court rulings and federal policy decisions relating to the civil rights of ELs over the years.

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Court Rulings and Federal Policy DecisionsTitle VI of the Civil Rights Act of 1964

Title VI prohibits discrimination on the grounds of race, color, or national origin by recipients of federal financial assistance. The Title VI regulatory requirements have been interpreted to prohibit denial of equal access to education because of a language minority student's limited proficiency in English.

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Court Rulings and Federal Policy DecisionsMay 25th Memorandum (1970)

To clarify a school district's responsibilities with respect to national-origin-minority children, the U.S. Department of Health, Education, and Welfare, on May 25, 1970, issued a policy statement stating, in part, that "where inability to speak and understand the English language excludes national-origin-minority group children from effective participation in the educational program offered by a school district, the district must take affirmative steps to rectify the language deficiency in order to open the instructional program to the students.

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Court Rulings and Federal Policy DecisionsLau v. Nichols (1974)

A class action suit brought by parents of non-English-proficient Chinese students against the San Francisco Unified School District. In 1974, the Supreme Court ruled that identical education does not constitute equal education under the Civil Rights Act of 1964. The court ruled that the district must take affirmative steps to overcome educational barriers faced by the non-English speaking Chinese students in the district.

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Court Rulings and Federal Policy DecisionsEqual Educational Opportunities Act of 1974

This civil rights statute prohibits states from denying equal educational opportunity to an individual on account of his or her race, color, sex, or national origin. The statute specifically prohibits states from denying equal educational opportunity by the failure of an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs.

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Court Rulings and Federal Policy DecisionsCastañeda v. Pickard (1981)

The case established a three-part test to evaluate the adequacy of a district's program for ELL students: (1) is the program based on an educational theory recognized as sound by some experts in the field or is considered by experts as a legitimate experimental strategy; (2) are the programs and practices, including resources and personnel, reasonably calculated to implement this theory effectively; and (3) does the school district evaluate its programs and make adjustments where needed to ensure language barriers are actually being overcome?

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Court Rulings and Federal Policy DecisionsPlyler v. Doe (1982)

A Texas statute which withholds from local school districts any state funds for the education of children who were not "legally admitted" into the United States, and which authorizes local school districts to deny enrollment to such children, violates the Equal Protection Clause of the Fourteenth Amendment.

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Court Rulings and Federal Policy DecisionsOffice for Civil Rights Title VI Policy Update

(1991)This policy update was primarily designed to ensure that schools are complying with their obligation under the regulation implementing Title VI of the Civil Rights Act of 1964 to provide any alternative language programs necessary to ensure that national origin minority students with limited English proficiency (LEP students) have meaningful access to the schools' programs. 

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As a result of the court rulings and federal policy decisions presented in the previous slides, school divisions must have a procedure in place for identifying, screening, and placing ELs regardless of whether the division receives Title III funds.

Civil rights requirements apply to all publicly funded education institutions, including public school divisions.

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Civil Rights Requirements

Section 1111(3)(C)(v) of the ESEA requires that ELs participate in state content assessments. ESEA also states in Section 1111(3)(C)(v)(ix)(III) that ELs “shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments” to yield accurate data on what such students know and can do in academic content areas until such students have achieved English language proficiency.

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Content Assessment of ELs

Section 1111(3)(C)(7) of the ESEA requires annual assessment of the English proficiency* of all students with limited English proficiency.

*Measuring students’ oral language, reading, and writing skills in English

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English Language Proficiency Assessment of ELs

Virginia LawThe requirement for the identification of students with limited English proficiency and enrollment of such students in appropriate instructional programs is also provided in the Code of Virginia. [COV § 22.1-253.13:1 D.11]

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Identification

To comply with civil rights requirements, ELs must be identified during the enrollment process which is in place for all students at the division or school level to ensure comprehensive, consistent, and fair identification:

• All students enrolling in the school division should be identified with the same procedures and in the same manner to ensure that students are not over- or under- identified as ELs.

• Students should not be selectively identified based on ethnicity, name, appearance, or background.

Equity in the Identification Process

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Identifying QuestionsIdentifying questions should be included in the enrollment process to ensure that ELs are consistently identified. Below are example questions:• What was the first language spoken by the

student?• Is there a language other than English spoken

at home? Which language(s)?• Does the student speak a language other than

English?

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Home Language SurveySchool divisions may choose to use a Home Language Survey (HLS) to determine the need for further English language proficiency screening and possible English as a Second Language (ESL) services. The HLS may be used to collect additional information about the student.

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Can parents refuse to allow the student to participate in the identification process?

No. Court rulings and federal policy presented on slides 6 through 12 have established the requirement that all school divisions must identify ELs during the enrollment process.

Questions about the Identification Process

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How should a student be identified as an English learner?

Identifying questions must be included in the enrollment process for all students and may be part of a separate document, such as a home language survey.

Questions about the Identification Process

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Questions about the Identification Process

Must school divisions identify, screen, and place the children of foreign military or foreign NATO families?Yes. Civil rights requirements provide that all students enrolling in the school division should be identified with the same procedures and in the same manner to ensure that students are not over- or under- identified as LEP. Students should not be selectively identified based on ethnicity, name, appearance, or background.

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Questions about the Identification Process

Must school divisions identify, screen, and place foreign exchange students?

The question has been forwarded to the U.S. Department of Education for clarification.

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Exiting LEP Status

Exiting LEP status means that ELs have met the proficiency criteria on the ACCESS for ELLs test. They are formerly LEP for the following two school years and designated as Level 6, years 1 and 2.

• Formerly LEP students no longer participate in ACCESS for ELLs testing.

• The SOL reading and mathematics scores of formerly LEP students are included in the AYP LEP subgroup for the two years that the student is designated as Level 6.

Exiting LEP Status

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• Formerly LEP students are no long eligible for testing options or accommodations available to LEP students.

• School divisions do not receive Title III funding for formerly LEP students.

• The ESEA requires that students classified as formerly LEP (Level 6 Year 1 and Year 2) be monitored for two full academic years to ensure that they are able to participate meaningfully in the regular educational program.

Exiting LEP Status (continued)

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Exiting LEP StatusSample documents are provided on the ESL page of the VDOE Web site under the Section (Standards, Assessment & Resources; Administrative Resources) to include:

Sample: Title III Formerly Limited English Proficient (FLEP) Student Monitoring Plan

Sample: Parent Notification of Exiting Limited English Proficient (LEP) Status and Two Year Monitoring Plan

Sample: Monitoring Documents for Formerly LEPStudents Grades K through 12

http://www.doe.virginia.gov/instruction/esl/standards_resources/index.shtml

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How does a student exit LEP status?

• An LEP student in kindergarten must take the Kindergarten ACCESS for ELLs test and earn an Overall Score (Composite) of 5.0 or higher and a Literacy Score of 5.0 or higher.

• An LEP student in grades 1 through 12 must take Tier C of the ACCESS for ELLs test and earn an Overall Score (Composite) of 5.0 or higher and a Literacy Score of 5.0 or higher.

Questions about Exiting LEP Status

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Can parents request that the LEP designation be removed from the student’s school records?

The question has been forwarded to the U.S. Department of Education for clarification.

Questions about Exiting LEP Status

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Screening

ScreeningRequirements:

Once the identifying questions have been asked and the student has been identified as a potential EL during the enrollment process, an English language screening tool must be administered to determine the student’s English language proficiency level.

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ScreeningSchool divisions must screen potential ELs to determine each student’s English language proficiency level. Divisions may use one of the following English language proficiency screening tools:

1. W-APT2. WIDA MODEL3. Locally developed or selected tool(s)

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ScreeningOptional Screening tools*:

Once a screening tool has been administered and the ELP level determined, additional assessments, such as reading or mathematics tests, may be administered to assist with placing the student appropriately in instructional programs.

*Optional screening tools may not be used to determine a student’s English language proficiency level.

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Questions about ScreeningCan the screening tool be used to determine that a student in kindergarten through grade12 has met the proficiency criteria?

No. The WIDA screening tools are not tiered(proficiency criteria include testing on Tier C of the ACCESS for ELLs test). Furthermore, locally selected and developed screening tools may not be tiered or provide both composite and literacy scores.

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Questions about ScreeningCan the score from the screening tool be used if no ACCESS for ELLs score is available?

Yes. The score from the screening tool may be used only in the student assessment record to identify the student as LEP if the student has no ACCESS for ELLs score.

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Questions about ScreeningHow are the Kindergarten W-APT scores aligned with the WIDA English language proficiency levels?

The Kindergarten W-APT score is descriptive, not numerical. The score is not aligned with the WIDA ELP levels and should only be used to determine instructional services. LEP students in kindergarten will be assigned a proficiency level after taking the Kindergarten ACCESS for ELLs test.

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Placement

PlacementOnce the screening tool has been used to determine the student is an EL and an ELP level has been provided, the student must be placed in an instructional program to help him or her attain high levels of academic achievement and develop English proficiency.

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PlacementAn effective instructional program for ELs should be an integral part of a divisionwide academic achievement program. The Virginia Standards of Learning (SOL), in conjunction with the World-Class Instructional Design and Assessment (WIDA®) English Language Proficiency (ELP) Standards, should guide the development of the instruction curriculum and the classroom instructional practices of both English as a Second Language (ESL) and general education teachers with ELs.

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PlacementInstructional programs and services for ELs must:

provide meaningful access to the same educational opportunities as all students;

allow meaningful participation in content classrooms with English speaking peers;

help ELs attain an academic level that is on par with English speaking peers; and

be based on sound educational theory. 

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PlacementAdditionally,

 • ELs cannot be placed in special education

programs solely based on their lack of English language skills. 

• LEAs implementing a program for ELs should provide resources sufficient enough to meet the intent of the program.

• After a reasonable period of time past implementation, a program that fails to help ELs overcome linguistic barriers should be evaluated and revised.

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Placement30-Day Notification Letter:

School divisions must inform parents annually regarding their child’s placement in a language instruction education program within 30 days after the beginning of the school year, or within two weeks of the child’s placement within a program.A checklist and sample letter have been posted to the VDOE/ESL Web site, which include the eight required elements by the ESEA.

http://www.doe.virginia.gov/instruction/esl/standards_resources/resources/parental_notification_checklist.pdf

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Questions about PlacementHow should ELs be placed in instructional programs with regard to age and grade?

It is recommended that ELs be placed in the appropriate grade as indicated by age. The table on the next slide displays the age and recommended grade-level placement for students younger than 14 years of age.

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Questions about Placement

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Questions about PlacementHow should ELs be graded?

The Virginia Department of Education does not provide guidance on grading policies. School divisions determine grading policies.

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Questions about PlacementWhat are the required minutes of service for ELs?

The Virginia Department of Education does not mandate minutes of service for ELs. School divisions determine whether to require minutes of service for ELs.

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Questions about PlacementIs a school division required to provide ESL teachers for ELs?The Code of Virginia states that school divisions shall provide17 full-time instructional positions for each 1,000 students identified as having limited English proficiency.[COV §22.1-253.13.2F]http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+22.1-253.13C2

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Are school divisions required to serve ELs beyond age 18?In 1994, the Code of Virginia was amended to address whether local school boards may provide instruction for students beyond age 18.

 School boards may accept and provide programs for students for whom English is a second language who entered school in Virginia for the first time after reaching their twelfth birthday, and who have not reached 22 years of age on or before August 1 of the school year. No tuition shall be charged such students, if state funding is provided for such programs.[COV, § 22.1-5. D]

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Questions about Placement

Questions about PlacementWhat are parent’s rights regarding removing a student from ESL programs and services?

Section 3302 of the ESEA provides that parents have the right to remove a student at any time from ESL programs and services. However, the parent’s decision does not waive the obligation of the school division to provide other programs and services to help the student attain high levels of academic achievement and develop English proficiency.

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Assessment

Standards of Learning (SOL) Assessments

In general, all ELs are expected to participate in SOL assessments.

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Certain exemptions on SOL assessments are available to ELs. Exemptions must be documented in the LEP Student Assessment Participation Plan and conveyed to the parent or guardian. The table on the next slide displays available exemptions on SOL assessments.

Note: Available does not mean required.

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SOL Assessments

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Content Area Available Exemptions on SOL Assessments

Reading

LEP students who have attended school in the United States for less than 12 months may receive a one-time exemption for the SOL Reading test in grades 3 through 8. This guideline also applies to students arriving from Puerto Rico. No exemption is available for the End-of-Course Reading test.

Mathematics LEP students may NOT be exempted from the SOL Mathematics tests.

Science

Under the requirements of NCLB, all students, including LEP students, are required to participate in Science tests once at the elementary school level, once at the middle school level, and once at the high school level. However, LEP students in Virginia may be exempt from the grade 3 SOL Science test but must take the grade 5 SOL Science test. No other exemptions for the SOL Science tests are available to LEP students.

History/Social Science and Writing

Under the Regulations Establishing Standards for Accrediting Public Schools in Virginia, 8 VAC 20-131-30.G, LEP students in grades 3 through 8 may exercise a one-time exemption from the SOL History and Social Science test and from the SOL Writing test (grade 5 or 8 only). No other exemptions for the SOL History and Social Science and Writing tests are available to LEP students.

Limited English Proficient Students: Guidelines for Participation in the Virginia Assessment Program, page 3

SOL Assessments

ELs must be provided accommodations on assessments to yield accurate data on what they know and can do in academic content areas until they have achieved English language proficiency.

(Section 1111 [3][C] [ix][III] of the ESEA)

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SOL Assessments

Testing accommodations on SOL assessments are available to ELs. The table on the next slide displays direct and indirect linguistic accommodations available to ELs on SOL assessments.

Note: Available does not mean required.

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SOL Assessments

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Limited English Proficient Students: Guidelines for Participation in the Virginia Assessment Program, 10

SOL Assessments

Resources:

Limited English Proficient Students: Guidelines for Participation in the Virginia Assessment Program

http://www.doe.virginia.gov/testing/participation/index.shtml

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SOL Assessments

Resources:

SOL Test Examiner’s Manualshttp://www.doe.virginia.gov/testing/participation/index.shtml

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SOL Assessments

How are 12 months counted for a “recently arrived” EL who enrolled in a U. S. school, withdrew, and then returned to the home country during one school year, and later reenrolled in a U.S. school?

All time in U.S. schools is counted. Once 12 months has passed, the EL is no longer considered “recently arrived.”

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Questions about SOL Assessments

May an EL use a bilingual and an English dictionary on SOL tests?

Yes, if determined by the LEP committee and documented in the LEP Student Assessment Participation Plan.

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Questions about SOL Assessments

English Language Proficiency (ELP) Assessment

All ELs in kindergarten through grade 12 must participate in the annual ELP assessment.

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Is additional time allowed for administering ACCESS for ELLs®?

No. The table on the next slide displays the administration times for each section of the ACCESS for ELLs test.

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Questions about ELP Assessment

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ACCESS for ELLsTest Section

Approximate Test Time in Minutes

Additional5 Minutes

TotalTest Time in

Minutes

Listening25 No 25

Reading35 Yes 40

Writing, Tier A Grades 1-2

30 Yes 35

Writing, Tier AGrades 3-5, 6-8, and 9-12 45

(15 per task)15

(5 per task) 60

Writing, Tiers B and CAll grade clusters

60 Yes 65

Speaking15 No 15

Questions about ELP Assessment

How does an EL with a disability participate in ACCESS for ELLs testing?

It is recommended that the IEP team and LEP committee work together to determine and document the student’s assessment participation in the student’s IEP and LEP Student Assessment Participation Plan.

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Questions about ELP Assessment

What are the ESEA requirements of parent refusal of the ELP assessment?

The ESEA does not require that parents provide consent before an EL is assessed on the annual ELP assessment. (Section IIII (b)(7) of ESEA)

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Questions about ELP Assessment

What is the requirement to include ELs age 22 during the school year in the ELP assessment?

ELs who are age 21 by August 1 are required to be assessed. ELs who are age 22 by August 1 are not required to be assessed because they do not fall under the definition of limited English proficient in the ESEA.

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Questions about ELP Assessment

What is the requirement to include home-schooled ELs in the ELP assessment?

In Virginia, school divisions are not required to assess ELs who are home schooled because home schools do not fall within the definition of public schools.

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Questions about ELP Assessment

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Questions?

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Contact InformationRobert FugateLEP Assessment SpecialistVirginia Department of Educationstudent_assessment@doe.virginia.gov(804) 225-2102

Stacy FreemanTitle III SpecialistVirginia Department of Educationstacy.freeman@doe.virginia.gov(804) 371-0778