The New York State Assessment System and LEP/ELLs: An Update

1. The New York State Assessment System and LEP/ELLs: An Update David Abrams Assistant Commissioner for Standards, Assessment, and Reporting OBE-FLS 2007 Teachers’ Institute

2. No Child Left Behind (NCLB) Act • NCLB requires that, by the 2005-06 school year, states have in place: • challenging academic content and achievement standards in reading/language arts and math; and • an aligned assessment system that measures student achievement towards meeting those standards in Grades 3-8 and once in Grades 10-12. • Goal – to enable all students to meet challenging academic content and achievement standards

3. NCLB: Title I • Title I, Part A accountability requires States to determine AYP, in part, by annually administering tests “aligned with challenging academic content and student academic achievement standards” in “reading or language arts” to all students.

4. NCLB: Title III • Title III, Part A requires that states, LEAs and schools show: • “Demonstrated improvements in the English proficiency of limited English proficient children each fiscal year; and • Adequate yearly progress [in meeting State academic content and student academic achievement standards] for limited English proficient children, including immigrant children and youth.”

5. Commissioner’s Regulations • Part 154 of the Commissioner’s Regulations: • “Annual English language assessment is the process followed to determine if a pupil with limited English proficiency continues to be limited English proficient, based upon such pupil scoring below a state designated level of proficiency on the NYSESLAT.”

6. Peer Review – Overview • NCLB requires that USDOE review and approve each state system of standards and assessments, including evidence of how the state has met the relevant NCLB requirements.

7. Peer Review – NYS Results • On June 27, 2006, SED received a letter from Assistant Secretary Henry L. Johnson stating that NYS must provide additional evidence to meet NCLB requirements. • USDOE has determined that NYS is not incompliance with NCLB with respect to: • NYSESLAT • Assessment of ungraded students • Alternative assessment for students with disabilities • NYS must come into full compliance by end of 2006-07 school year.

8. Peer Review – NYSESLAT • Regarding NYSESLAT, USDOE said: • “The NYSESLAT is not sufficiently comparable to the regular English language arts assessment to use…as a substitute language arts assessment for limited English proficient students.” • Henry L. Johnson Letter (June 27, 2006)

9. NYS Grades 3-8 Testing Program • Administered to all public school students in Grades 3-8 • Tests are timed • For ELA tests, schools may provide testing accommodations for LEP students: • Extended time • Separate location • Third reading of listening selection • Bilingual dictionaries and glossaries (only direct translations; no definitions or explanations permitted)

10. NYS Grades 3-8 Testing Program • For ELA tests: • Schools may not provide oral or written translations; • Students may not write their responses to open-ended questions in their native language.

11. Other States Testing Approaches: • Administer State’s ELA exam with accepted accommodations: some states do not allow any accommodations for LEP/ELL students. • Administer a translated version of State’s ELA exam or create a new, native language reading/language arts exam (States taking this approach must also demonstrate that exams are comparable and of equal rigor to their State’s ELA exam).

12. Commissioner’s Advocacy • Letter to administrators dated December 21, 2006. • Board of Regents and Commissioner support and are committed to the ESL Programs, transitional bilingual programs, and dual language programs. • NY has argued with USDE regarding their LEP/ELL testing policy.

13. Commissioner’s Advocacy • Department asked for a two-year waiver for newly arrived students; student performance would be counted for participation purposes only. • We have proposed research to determine the threshold when LEP/ELL students will be ready to take the tests

14. Commissioner’s Advocacy Additional Steps: • Provide test accommodations for LEP/ELLs. • SED staff participate in the USDE LEP Partnership. • Work with the Bi-Lingual Committee of Practitioners for short and long-term steps. • Outreach to the NY Congressional Delegation.

15. Accountability Issues NYS requires that schools and LEAs identify limited English proficient students when reporting Student Assessment Results.

16. Accountability Issues Beginning with the 2006-07 school year: A LEP student in grades 3-8 who has been enrolled in school in the US (excluding Puerto Rico) for less than one year and who receives a valid score on the NYSESLAT will be counted as participating in the elementary or middle level ELA assessment. Student performance would not be included in the calculation of the performance index for a school district.

17. Accountability Issues Beginning with the 2006-07 school year: A LEP student enrolled in the United States (excluding Puerto Rico) for one year or more, shall take the Grades 3-8 ELA assessments for participation and their performance will be included in calculating the Performance Index for a school or district.

18. Accountability Issues Beginning with the 2006-07 school year: Former LEP students will continue to be included in the LEP group for purposes of calculating the Performance Index, for the two years following the student’s attainment of English proficiency.

19. Town Hall Discussion • Your Questions and/or Comments