NCLB Recommendations #17 and #18
SUBJECT
Students with Limited English Proficiency (LEP)
P.L. 107-110 PROVISIONS
TITLE I PART A SUBPART 1 SEC. 1111(b)(3)(C) and SEC. 1111
NSBA RECOMMENDATIONS
#17: Current regulations are codified relating to 1) exempting first-year students in the United States from AYP; and 2) counting students as LEP for determining AYP once they leave the group except that such count may be extended to a third year.
#18: LEP students should be provided an alternate assessment that is based on making specific gains individually determined for that student toward meeting state standards for up to three years, as determined by the school district.
RATIONALE
The proposed flexibility in assessing LEP students for the first three years is necessary to meet the needs of individual students who enroll in schools with wide variations in English fluency and academic backgrounds. The proposed language is consistent with current regulations issued by the U.S. Department of Education.
PROPOSED BILL LANGUAGE
Section 1111 (b)(3)(C) (20 U.S.C. 6311(b)(3)(C)) is amended—
In clause (ix) by striking subclause (III) and inserting the following:
“(III) the inclusion of limited English proficient students, who—
“(aa) may, consistent with paragraph (2)(P), be assessed, as determined by the local educational agency, through the use of an assessment which requires achievement of specific gains for up to three school years from the first year any such student is assessed for the purposes of this subsection;
“(bb) may, at the option of the State educational agency, be assessed in the first year any such student attended school in the United States (not including Puerto Rico);
“(cc) shall not be included in any calculation of adequate yearly progress when such students are in the first year of attending school in the United States (not including Puerto Rico); and
“(dd) shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph, including, to the extend practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency as determined under paragraph (7).
Section 1111 (20 U.S.C. 6311) is further amended by adding at the end the following:
“(o) Regulations. –
“(1) Codification of Regulations Affecting Limited English Proficient Children.—This part shall be implemented consistent with amendments proposed to part 200 of title 34, Code of Federal Regulations, on June 24, 2004 (69 Fed. Reg. 35462) (relating to the assessment of limited English proficient children and the inclusion of limited English proficient children in subgroups) as if such amendments permitted students who were previously identified as limited English proficient to be included in the group described in subsection (b)(2)(C)(v)(II)(dd) for three additional years, as determined by a local educational agency (based on the individual needs of a child) for the purposes of determining adequate yearly progress.
*Note: (o) is a newly proposed subsection, its letter may vary in the final bill.
IMPACT OF CURRENT LAW
NCLB does not effectively hold schools and school districts accountable for the performance of LEP students because: 1) some LEP students’ academic backgrounds from their native countries are so poor that counting their scores for AYP based on grade-level standards when they are in the United States for less than three years is not appropriate; and 2) some states do not yet have valid and reliable standardized tests to measure these students’ academic performance.
For students who entered the country far below grade level academically, it would be more appropriate to determine their achievement for AYP purposes on the basis of academic progress for several years. After that they should be assessed on the same basis as other students. Research on language acquisition is consistent and clear that LEP students, particularly those with poor academic backgrounds from their native countries, need more 12 months to achieve English language proficiency, and as many as seven years to achieve grade-level academic performance in English. A three-year window to measure progress as individually determined at the local level is a reasonable balance.
NSBA CONTACT
Reggie Felton, director of federal relations, 703-838-6782 or rfelton@nsba.org.