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

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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

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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

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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.

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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.

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Commissioners Regulations

• Part 154 of the Commissioners 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.

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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.

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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.

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Peer Review NYSESLAT

• Regarding NYSESLAT, USDOE said
• The NYSESLAT is not sufficiently comparable to
  the regular English language arts assessment to
  useas a substitute language arts assessment for
  limited English proficient students.
• Henry L. Johnson Letter (June 27, 2006)

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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)

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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.

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Other States

• Testing Approaches
• Administer States ELA exam with accepted
  accommodations some states do not allow any
  accommodations for LEP/ELL students.
• Administer a translated version of States 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 States
  ELA exam).

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Commissioners 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.

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Commissioners 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

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Commissioners 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.

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Accountability Issues

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

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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.

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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.
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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 students attainment of English proficiency.
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Town Hall Discussion

• Your Questions and/or Comments