EKBA(LEGAL) - STATE ASSESSMENT: ENGLISH LANGUAGE LEARNERS/LEP STUDENTS

Note: The terms English language learner, English learner, and limited English proficient student are used interchangeably.

Language Proficiency Assessment Committee (LPAC)

Documentation

  1. The decisions and justifications related to English language proficiency assessments under 19 Administrative Code 101.1003;
  2. The decisions and justifications related to selecting the appropriate assessment option under 19 Administrative Code 101.1005; and
  3. In conjunction with the admission, review, and dismissal (ARD) committee, the need for allowable testing accommodations under 19 Administrative Code 101.1003 and .1005.

Definitions

  1. Initially enrolled in a school in the United States as:
    1. An asylee as defined by 45 C.F.R. 400.41; or
    2. A refugee as defined by 8 U.S.C. 1101;
  2. 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
  3. 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.

English Language Proficiency Tests

Limitations on Exemptions

First Year After Enrollment

Subsequent Years

  1. 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
  2. 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

Testing in Grades 3–8

Spanish-Version Assessment

Linguistically Accommodated Assessments

  1. A Spanish-version assessment does not exist or is not the most appropriate measure of the student's academic progress;
  2. 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, above]; and
  3. 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, above].

Exemption for Asylee or Refugee

Refusal of Services

End-of-Course Assessments

Exception

Non-LEP Students

Special Education

Selecting Assessments

Alternative Assessment Instruments

Testing Accommodations

Grade Advancement Requirements

La Vega ISD

EKBA(LEGAL)-P

UPDATE 116

DATE ISSUED: 1/5/2021