EKBA(LEGAL) -

Note: The terms English language learner and limited English proficient student are used interchangeably. 19 TAC 89.1203

Language Proficiency Assessment Committee (LPAC)

Documentation

The decisions and justifications related to English language proficiency assessments under 19 Administrative Code 101.1003;

The decisions and justifications related to selecting the appropriate assessment option under 19 Administrative Code 101.1005;

In conjunction with the admission, review, and dismissal (ARD) committee, the need for allowable testing accommodations under 19 Administrative Code 101.1003 and .1005; and

The reason for a postponement under 19 Administrative Code 101.1023.

19 TAC 101.1003(b), (c), .1005(a), (c), .1023

Definitions

Initially enrolled in a school in the United States as:

An asylee as defined by 45 C.F.R. 400.41; or

A refugee as defined by 8 U.S.C. 1101;

Has a visa issued by the U.S. Department of State with a Form I-94 Arrival/Departure record, or a successor document, issued by the U.S. citizenship and Immigration Services that is stamped with "Asylee," "Refugee," or "Asylum"; and

As a result of inadequate schooling outside of the United States, lacks the necessary foundation in the essential knowledge and skills of the curriculum prescribed under Education Code 28.002, as determined by the LPAC established under Education Code 29.063.

Education Code 39.027(a-1); 19 TAC 101.1005(c)

English Language Proficiency Tests

Limitations on Exemptions

First Year After Enrollment

Subsequent Years

An additional two years if the student is a recent unschooled immigrant or is in a grade for which no assessment instrument in the primary language of the student is available; or

An additional four years if the student's initial enrollment in a school in the United States was as an unschooled asylee or refugee.

Minimum Days for Enrollment

Education Code 39.027(a)(1)–(2), (a-1), (a-2), (g)

Testing in Grades 3–8

Spanish-Version Assessment

Linguistically Accommodated Assessments

A Spanish-version assessment does not exist or is not the most appropriate measure of the student's academic progress;

The student has not yet demonstrated English language proficiency in reading as determined by the English language proficiency assessments required above [see ENGLISH LANGUAGE PROFICIENCY TESTS]; and

The student has been enrolled in U.S. schools for three school years or less or qualifies as an unschooled asylee or refugee enrolled in U.S. schools for five school years or less [see DEFINITIONS].

Exemption for Asylee or Refugee

19 TAC 101.1005(b), (c)

Refusal of Services

End-of-Course Assessments

Exception

19 TAC 101.1007(a), (b)

Exit-Level Assessments

Postponement

Non-LEP Students

Special Education

Selecting Assessments

19 TAC 101.1005(a)

English Language Proficiency Tests

Alternative Assessment Instruments

Testing Accommodations

Grade Advancement Requirements

Lohn ISD

EKBA(LEGAL)-P

UPDATE 108

DATE ISSUED: 5/14/2017