STATE BOARD OF EDUCATION – TOPIC SUMMARY
Topic: Re-establishment of Proficiency Standards for English Language Proficiency Assessments
Date: January 7, 2007
Staff/Office: Tony Alpert, ODE
Action Requested: Information only Policy Adoption Policy Adoption/Consent Calendar
ISSUE BEFORE THE BOARD: Proficiency Standards for the English Language Proficiency Assessment
BACKGROUND: In March, 2007, the Board approved standards for the English Language Proficiency Assessment (ELPA) created at a standard setting session held in February, 2007. In November 2007, the department held an additional standard setting session for the ELPA. The purpose of this session validate the ELPA proficiency standards in the context of technical improvements that are being made for the 2007-08 adminstration.
Authority for these standards is found in both Titles I and III of NCLB. These standards are used in preparation of the Annual Measurable Achievement Objectives (AMAOs) as required under Title III of NCLB. The accuracy of these standards is important to decisions used for managing Title III at the local level.
The attached Executive Summary provides an overview of the outcomes of this effort. Also included are the Proficiency Level Descriptors used to set the Proficiency Standards during this session.
Response to Oregon State Board of EducationMember Questions on ELPA and ELL instruction
Prepared by staff from ODE’s Office of Educational Improvement and Innovation and Office of Assessment and Information Systems
Who are LEP kids? Who determines that?
LEP is defined in No Child Left Behind and this definition is endorsed by the state.
Limited English Proficient (LEP) includes any individual who:
· is aged 3 through 21;
· is enrolled or preparing to enroll in an elementary school or secondary school;
· was not born in the United States or whose native language is a language other than English;
· is a Native American or Alaska Native, or a native resident of the outlying areas; and
· comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or
· is migratory, whose native language is a language other than English, and
· comes from an environment where a language other than English is dominant; and whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual:
· the ability to meet the State’s proficient level of achievement on State assessments (described in section 1111(b)(3) of the No Child Left Behind Act);
· the ability to successfully achieve in classrooms where the language of instruction is English; or
· the opportunity to participate fully in society.
Are they given an assessment when they first come to the school?
Districts follow the guidelines provided by the Office for Civil Rights in their publication Developing Programs for English Language Learners: Guidance Document, as per OAR 581-023-0100 (4) Eligibility Criteria for Student Weighting for Purposes of State School Fund Distribution. The guidance directs districts to develop an entry criteria which shall include the administration of a home language survey (HLS) to all students to ascertain the students’ language of origin. Based on data from the HLS, students are identified for assessment for eligibility for English Language Development (ELD) services. These students are assessed according to local practices to determine eligibility. Any of a small number of commercially available placement exams can be used for this purpose. ELPA is not an appropriate placement measure and cannot be used for this purpose due to the fact that it is a secure test. The entry criteria also identify the local proficiency assessment and the score or range of scores that qualify a student as Limited English Proficient and in need of services from the districts’ ELD program.
Are they given assessments at the beginning and end of the school year to measure progress?
Students are measured during the ELPA window (January 9 – May 16 for 2007-08) to determine their progress toward proficiency. Baseline data are collected late in each student’s first full year of enrollment. Students are considered to be in their first year of enrollment in U.S. schools when enrolling for the first time after May 1, 2007.
What kinds of strategies are used with LEP kids? Does it vary from district to district?
Decisions on approaches are left to the discretion of the district. However, both state and federal statues require that approaches and instructional methodologies be recognized as effective with language minority students.
Does the state have any oversight?
The ODE conducts desk and on-site audits of services to ELLs. Every two years, every district serving ELLs is required to submit to the ODE an updated Plan of Service for ELLs that follows the OCR Guidelines. ODE staff reviews and approves these plans. On-site visitations verify the implementation of the districts’ approved ELL plan as well as compliance with state and federal statues around services to ELLs.
What are the federal requirements, if any?
Education of ELLs is governed by NCLB Title III, Title VI of the Civil Rights Act of 1964, Equal Educational Opportunities Act of 1974 ( EEOA); Court cases including Lau vs. Nichols and Castaneda v. Pickard, 648 F2d 989 (5th Cir 1981).
As indicated in US Department of Education guidance on NCLB testing of ELLs must include[1]:
Both Title I and Title III require two types of assessments (academic content and English language proficiency) for students with limited English proficiency (LEP):
· LEAs must annually assess their LEP students (K-12) in English language proficiency [In Oregon, this is accomplished using ELPA].
· States must include all LEP students in their academic content assessments in reading/language arts, mathematics, and science. Inclusion of LEP students can take the form of providing appropriate linguistic accommodations and/or using an assessment in the student’s native language that is aligned to the State content and achievement standards. However, after three years of attending a school in the United States (except for those residing in Puerto Rico), students must be assessed in reading/language arts in English. This does not exempt students from participating in the State assessment system in their first three years of attending schools in the United States. Inclusion in the State academic assessment system must begin immediately when the student enrolls in school. No exemptions are permitted based on time in English instruction [All students are included in annual assessment with language accommodations as needed].
Additionally, this same document offers guidance on necessary reporting[2]:
States are required to submit a report that incorporates the information provided in the evaluations by LEAs. The report must contain the following information:
1. Information about the programs and activities implemented under Title III, and the effectiveness of those programs and activities in improving the academic achievement and English language proficiency of LEP children;
2. Information on the types of language instruction educational programs used by LEAs receiving Title III funding;
3. The number of programs or activities that were terminated because the LEAs implementing those programs and activities did not reach program goals;
4. A synthesis of the data reported by LEAs in their evaluations;
5. A description of technical assistance and other assistance provided by the SEA;
6. An estimate of the number of certified or licensed teachers in the State who are working in language instruction educational programs and educating limited English proficient children, and an estimate of the number of teachers that will be needed for the succeeding five fiscal years;
7. The number of limited English proficient children served by LEAs receiving Title III funding who transitioned out of language instruction educational programs into instructional settings where instruction is not tailored for limited English proficient children; and
8. Other information gathered from the evaluations submitted by LEAs.
Who decides when a student is no longer an LEP student?
The ODE is working on adding exit criteria to OAR 581-023-0100 (4) and is also working on developing guidance for districts’ to develop exit criteria that includes the ELPA.
The discussion last month was moving kids to regular classes as soon as possible. Will these cut scores facilitate that?
The proficiency standards (cut scores) are set to indicate student proficiency. Given the performance level descriptors and the associated proficiency standards provide a clear target and expectation for teachers. Given these expectations and assistance in instructional design, school staff can work to improve their instructional program to move students toward proficiency as efficiently and effectively as can be accomplished.
Will these cut scores also become part of evaluating schools?
Through the Annual Measurable Achievement Objectives (AMAOs), schools are evaluated on their progress in moving students from one level to another and in transitioning students from services. Oregon has set incremental standards that indicate expectations of percentages of students moved from one level to the next and percentages of students transitioned from services. Districts are evaluated based on these standards.
Why do we set cut scores that anticipate that fewer students will make the standard as they get older?
Cut scores are set by Oregon Educators and other experts to represent the knowledge and skills students need to demonstrate. The impact of those decisions are incorporated into this analysis, but is not the driving force.
We can't say definitively why fewer students will make the standard as they get older. However, students in higher grades have a greater breadth of language they need to master.In addition, if studentsare in an LEP program in High School they are more likely to have been in recent newcomers than students in grades 5,6, or 7. Similarly, students who are currently in High School LEP programs may not have succeeded in earlier programs or perhapswere in programs that were not aligned to Oregon's Proficiency Standards. Finally, ELD programs (structure, curriculum and instruction) inlater gradesmay also benefit from review and revision.
These are all areas that could potentially be reviewed based on research and data if we had the resources.
1
[1] U.S. Department Of Education, Office Of English Language Acquisition, Language Enhancement, And Academic Achievement For Limited English Proficient Students Part II: Final Non-Regulatory Guidance On The Title Iii State Formula Grant Program -Standards, Assessments And Accountability:Elementary And Secondary Education Act, As Amended By The No Child Left Behind Act Of 2001 February 2003 (page 10).
[2] Same (page 17).