1156 15th St.,
N.W. #1005
Washington,
D.C. 20005
(202) 862-8514
ASSESSMENT OF
ENGLISH LANGUAGE LEARNERS
IN THE
NO CHILD LEFT BEHIND ACT
Maryln
McAdam
Moira
Lenehan-Razzuri
Adapted from the 1999 Department of
Education Peer Review Guidance for Evaluating Evidence of Final Assessments
under Title I of the Elementary and Secondary Education Act
1.
How
Should Limited English Proficient Children Be Included in State Assessments?
|
Statute:
Such
assessments shall ¾ provide
for the inclusion of limited English proficient students, who 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 extent 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); (Sec. 1111(b)(3)(C)(ix)(III))
Ø
Each State plan shall identify the languages other
than English that are present in the participating student population and
indicate the languages for which yearly student academic assessments are not
available and are needed. The State
shall make every effort to develop such assessments and may request
assistance from the Secretary if linguistically accessible academic
assessment measures are needed. Upon
request, the Secretary shall assist with the identification of appropriate
academic assessment measures in the needed languages, but shall not mandate a
specific academic assessment or mode of instruction. (Sec. 1111(b)(6)) |
Including LEP
students in assessments in valid and reliable ways has been required under
Title I since 1994, with flexibility for States to use a variety of strategies
to make certain that all students participate in the assessment system. A State’s assessment system must be designed
to be valid and accessible to the widest possible range of students, including
students with limited English proficiency. All
LEP students must be a part of the State’s assessment system. Furthermore, test results must be disaggregated
by LEP status both for purposes of reporting to parents, schools, and the
public and for determining adequate yearly progress. There is no waiver that allows the exclusion of students based on
limited English proficiency.
States must
assess LEP students in a manner that produces results that are valid and
reliable. However, the question of how
to include LEP students in the State's assessment has no single answer. Historically, most State assessments have
been developed using only native English speakers. As a result, assessments that have not been designed to include
LEP students may not yield accurate and reliable information about what LEP
students know and can do. These
assessments may in effect be measuring English language skills rather than the
knowledge and skills in other content areas for which the assessment was
intended. It may therefore be necessary
to provide accommodations for students who take such assessments.
The statute
presents a framework for the assessment of LEP students that requires:
·
identifying
and assessing the educational needs of the LEP population in the State;
·
developing
assessments in other languages, as necessary;
·
offering
reasonable accommodations for LEP students; and
·
“to the
extent practicable” assessing LEP students in a language and form most likely
to yield accurate and reliable results.
In addition to the State academic
assessments in reading, math, and science, LEP students must be assessed
annually for English language acquisition in reading, writing, speaking, and
listening.
One
of the elements of the statute that is challenging to interpret, however, is
what it means to assess LEP students “to the extent practicable in the language
and form most likely to yield accurate and reliable results.” The following information is designed to
assist States and school districts in determining when it is “practicable” to
assess LEP students in a language other than English.
States
must identify the languages other than English that are present in their
student population and the levels of English proficiency among their LEP
students, and use this information to determine if assessments written in
languages other than English are needed. If a State has a large population of LEP students who speak a
single non-English language, it may be practicable and appropriate to provide
assessments aligned with the State’s standards in those languages.
If
many different languages are spoken by LEP students and no single language
constitutes a significant concentration, it may not be practicable to assess in
students’ native languages, but appropriate accommodations must be offered that
reflect the instructional approaches those students are experiencing.
Determining the most
appropriate and most feasible assessment strategies for LEP students must be
considered within the context of each State or district. A one-size-fits-all approach is impossible
given the variety of student populations, their language proficiency and
concentration, and the range of instructional programs that are offered across
the States. Therefore, each State
should consider the following questions when determining whether it is
assessing LEP students, to the extent practicable, in the language and form
most likely to yield accurate and reliable results.
Who are the LEP students in the State or
district? What languages do they speak?
LEP students are
students who cannot speak, read, write or comprehend English well enough to
participate meaningfully in and benefit from the school’s regular education
program. School districts have an
obligation to provide instructional services that will enable these students to
overcome language barriers to academic achievement.
The first step
in determining strategies to include LEP students in the State assessment
system is to analyze the LEP student population in the State in order to decide
what language and form of assessments will yield accurate and reliable
information about what the students know and can do. States and districts should consider what languages their LEP
students speak, their native language literacy, their language of instruction,
and their level of English language proficiency. States should also consider their demographic trends to begin to
predict the needs of future populations.
What is the instructional approach or
language of instruction for LEP students in the State or district?
The
instructional approach and language of instruction used to teach LEP students
should be considered in determining how to assess those students. Native language assessment may be
appropriate if a student is receiving instruction in his/her native language or
if a student can better demonstrate his/her content knowledge through his/her
native language. Native language
assessment might not be appropriate, however, if a student has never received
instruction in his/her native language and lacks literacy skills in that
language. If a child is in a specially
designed English instructional program for LEP students, an English language
assessment may be more appropriate, particularly with accommodations that
reflect the special instructional strategies and approaches used in the
classroom.
Would
assessments (in subjects other than English) yield more accurate and reliable
information if the tests were in the English language or in a native language?
The language and
form of assessments most likely to yield accurate and reliable information on
LEP students' performance are dependent on such factors as English proficiency
level, native language literacy and proficiency, and type of instructional
program.
|
Statute:
Such assessments shall provide for ¾ Notwithstanding
subclause (III), the academic assessment (using written tests in English) of
reading or language arts of any student who has attended school in the United
States (not including Puerto Rico) for three or more consecutive school
years, except that if the local educational agency determines, on a
case-by-case basis, that academic assessments in another language or form
would likely yield more accurate and reliable information on what such
student knows and can do, a local educational agency may make a determination
to assess such student in the appropriate language other than English for a
period that does not exceed two consecutive years, provided such student has
not yet reached a level of English language proficiency sufficient to yield
valid and reliable information on what such student knows and can do on tests
(written in English) of reading or language arts; (Sec. 1111(b)(3)(C)(x)) |
Using English
language versions of reading/language arts tests:
Among the factors to consider in making such determinations are the
student’s English language proficiency in the four domains (speaking,
listening, reading, and writing) and the number of years the student has
received academic instruction in English.
The statute requires that, after three consecutive years in U.S. schools
(other than Puerto Rico), LEP students be tested in reading/language arts in
English. Exceptions can be made only on
a case-by-case basis for no more than two years.
Appropriate
adaptations and accommodations may be needed to facilitate inclusion of LEP
students in the State or district assessments that are administered in
English. Because of the diversity
within the LEP student population, no single method would be likely to be
effective for all LEP students. For
this reason, providing a range of adaptations or accommodations is important to
achieving the goal of providing accurate and reliable information about what
students know and can do. The State must ensure that validity and reliability
of the assessment instrument are not compromised if adaptations or accommodations
are used.
Using native
language versions of tests:
Even with accommodations, there may be LEP students for whom a test in English
is not the one most likely to yield accurate information on what they know and
can do. These students must be assessed,
to the extent practicable, in their native languages in order to produce
accurate and reliable information on what they know and can do in academic
content areas other than English. It
should be restated, however, that native language assessment might not be
appropriate if a student has never received instruction in his/her native
language and lacks literacy skills in that language.
Whether it is
practicable to assess students with a separate valid assessment in each native
language depends on a number of considerations, such as the language of
instruction, the alignment of the test to the State’s standards, the number of
students who speak a given language, the students' proficiency in their native
language, and the appropriateness of commercially available native language
assessments. For example, if a State
has a large number of LEP children whose native language is the same ¾ for example Spanish ¾ it would likely be practical, and thus
required, for the State to assess those students in their native language, if
that is the most appropriate measure of their knowledge and skills. Indeed, in most States, the population of
Spanish-speaking students is large enough to justify the development of Spanish
versions of the assessments. Such
assessments would need to be aligned with States’ academic content and
achievement standards. The State also must ensure the validity and reliability
of the assessment instrument.
Has the State
or district considered a variety of assessment options?
A State has
considerable flexibility in designing its assessment system, provided the
assessments are aligned with the State’s content and student performance
standards. For example, the State might select commercially available tests,
develop its own tests, or opt for a combination. If a State selects a
commercially available standardized test; inclusion of LEP students should be
taken into account. Is the test available in other languages? What are the
effects on reliability and validity of test scores for LEP students if accommodations
are used? On what populations was the test normed? Criterion-referenced tests,
depending on their specific characteristics and psychometric properties, might
lend themselves to accommodations during testing that do not compromise the
validity of the scores. A State that is developing its own assessment system
should include LEP students in the design, piloting, and field-testing.
A State might
consider joining one or more other States in order to develop native language
assessments. This strategy allows for leveraging various resources that might
not be otherwise available, and also provides an opportunity to learn from the
expertise of other organizations that are involved in similar efforts. It would
require working through challenges such as alignment with standards from
different States and ensuring LEP populations from all States are included, but
it may prove a smart choice for States with particular populations of LEP
students.
Has
the State or district utilized all available resources to ensure that LEP
students are assessed to the extent practicable in the language and form most
likely to yield accurate and reliable results?
A wide variety
of resources are available to help a State or district include LEP students in
its assessment system. For example, funds under Title I, Title II and Title VI
may be used to develop assessments for LEP students. Federal technical
assistance providers may also serve as resources. In addition, State and local
funds, such as those from State/local bilingual education programs, may be
available. Working with test publishers to incorporate specific requests or
requirements in their tests is another way of addressing the inclusion of LEP
students. States and districts may also request assistance from the U.S.
Department of Education to interpret requirements and access technical
assistance on these issues. Given the range of resources available, every State
is able to take proactive steps toward fully including LEP students in the
State assessment system in appropriate and meaningful ways.
Even after a
State or district has determined the nature of its LEP population and how best
to include its students in the State assessment system, there are scenarios
that may exist or develop that can interfere with meeting the statutory
requirements. The following questions
address some of those possible scenarios.
Would a State that has an English-only
law be in compliance with NCLB assessment requirements?
NCLB requires
States to include LEP students in final assessment systems used to hold schools
and districts accountable for students’ meeting the States’ academic content
and achievement standards. This can
only be done in a meaningful way if such students are tested in ways that
produce valid inferences about the progress of LEP students toward meeting the
State standards. Toward this end, the
law makes clear that for subjects other than English, if native-language
assessment of LEP students is practicable, and if it is the form of assessment
most likely to produce valid information on their academic achievement, then
States must utilize such
assessments. Thus, a statewide
English-only assessment policy would conform to NCLB only if the State could
demonstrate, for subjects other than English, that no native-language
assessment of LEP students is practicable, or that some other form of
assessment is more likely to produce valid information on what LEP students
know and can do.
If a State can
show that native-language assessment is inappropriate or impracticable, NCLB
still requires the State to provide reasonable adaptations and accommodations
necessary to measure the achievement of LEP students relative to State
standards. Also, the State may
supplement its statewide test with other measures that provide meaningful
information about the performance of LEP students.
If the LEP students in a State speak
numerous languages, none of which is most predominant, must native language
assessments be provided?
This
determination would need to be considered within the context of the types of
instructional programs offered in the State and the level of English language
and native language proficiency within the student population. If there are no concentrations of LEP students
with the same language, then they most likely do not have instruction in their
native language. So testing in English
may be appropriate. However,
accommodations or adaptations may be necessary to ensure that such students are
provided an opportunity to demonstrate what they know and can do in a given
content area. The types of
instructional programs such students are receiving and the accommodations and
adaptations that are provided to them in those instructional programs generally
can determine this.
2. What Are The Requirements For English Language
Proficiency Tests?
|
Statute: Each
State plan shall demonstrate that local educational agencies in the State
will, beginning not later than school year 2002-2003, provide for an annual
assessment of English proficiency (measuring students’ oral language,
reading, and writing skills in English) of all students with limited English
proficiency, except that the Secretary may provide the State 1 additional
year, if the State demonstrates that exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous and unforeseen
decline in the financial resources of the State, prevented full
implementation of this paragraph by that deadline, and that the State will
complete implementation within the additional 1-year period. (Sec. 1111(b)(3)(C)(6)) |
Beginning no later than the 2002-2003 school year, a State must require each LEA to assess annually the English proficiency of all students with limited English proficiency. The assessment must include reading, writing, speaking, and listening skills. The Secretary may extend the time of the first test by one year for exceptional circumstances, such as natural disasters or an unforeseen State financial crisis.
Information to Determine the Need for
Test in Language(s) Other Than English
|
Primary Languages in
Grade ___ |
Number of Limited English Proficient
Students |
|
Language 1 |
|
|
Language 2 |
|
|
Participation Information for Grade ___ |
|
|
General |
Number |
|
Total student population |
|
|
Total
limited English proficient students |
|
|
Total number of students who attended school in the LEA
for a full academic year |
|
Participation |
Included in Assessment |
Included in Measures of Progress |
|
Number of limited
English proficient students included in State assessment without appropriate accommodations |
|
|
|
Number of limited
English proficient students included in State assessment with appropriate accommodations |
|
|
|
Number of limited
English proficient students tested with State standards-based assessments in
their native language |
|
|
|
Number of students who
attended school in the LEA for a full academic year included in State
assessment |
|
|
|
Exemptions
and Exclusions |
From
Assessment |
From
Measures of Progress |
|
Number of limited
English proficient students excluded |
|
|