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Corrections and Updates to the 2009-2010 LPAC Decision-Making Process for the Texas Assessment Program 02/26/10 05 The following deletion has been made to the “Eligibility

and Documentation” section to clarify which documents serve as acceptable proof of asylee/refugee status.

• The student must: o have a visa issued by the United States Department of State with a Form I-94 Arrival/Departure record, or a successor document, issued by the United States Citizenship and Immigration Services that is stamped with “Asylee,” “Refugee,” or “Asylum.”

Updates have also been made to indicate where to find additional information about eligibility and documentation requirements.

Pages 107-109 These pages have been added to Appendix F to incorporate

new questions and answers (# 9–15) regarding special assessment provisions for qualifying asylees and refugees.

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Procedural Manual for the 2009–2010 School Year

Prepared by the Texas Education Agency

Student Assessment Division

What’s New in This Year’s Manual—Highlights

✎ Updated background on state assessment requirements for ELLs

See pages 4–6.

✎ Elimination of grade 6 Spanish-version assessments See page 9.

✎ Clarifi cation of LPAC’s role in making assessment decisions for non-LEP students in bilingual education programs

See page 10.

✎ Updated Category 1 and Category 2 defi nitions See page 13.

✎ Updated information about linguistically accommodated testing

See pages 31–35.

✎ Revised exit level LEP postponement policy See page 39.

✎ Updated state assessment results See pages 71–72.

✎ Clarifi cations regarding provisions for ELLs receiving special education services

See pages 74–77.

✎ New FAQs #10, #11, and #18 See pages 80–82.

✎ Provisions for qualifying unschooled ELL asylees and refugees

See Appendix F.

Copyright © 2009, Texas Education Agency. All rights reserved.

2009–2010 LPAC Decision-Making Process for the Texas Assessment Program i

Foreword

Section 39.027 (e) of the Texas Education Code (TEC) requires the Texas Education Agency (TEA) to develop an assessment system that evaluates the academic progress, including reading profi ciency in English, of English language learners (ELLs). In addition, Section 39.023 (m) of the TEC requires TEA to develop procedures for language profi ciency assessment committees (LPACs) to follow to ensure that exempted ELLs are administered the state’s assessments of academic skills at the earliest practical date.

This manual has two purposes: (1) to guide LPACs in making decisions about the inclusion of ELLs in the Texas Student Assessment Program, and (2) to help districts meet the educational needs of second language learners.

Five major topics are covered in this manual:

determining student needs•

providing instructional interventions•

monitoring student progress•

making assessment decisions•

maintaining necessary documentation•

Education service centers (ESCs) will provide school districts and charter schools with training about the procedures in this manual.

The terms limited English profi cient (LEP) students, ELLs, and second language learners are used interchangeably in this manual.

LPACs are required to follow the procedures in this manual to implement the assessment requirements of the Texas Student Assessment Program.

2009–2010 LPAC Decision-Making Process for the Texas Assessment Program ii

Table of Contents

Overview ........................................................................................................................................ 1Components of the Texas Student Assessment Program ...................................................................2Background on State Assessment Requirements for ELLs ................................................................4Role of the LPAC ............................................................................................................................7

Decisions About Administering TAKS in English or Spanish ........................................................ 8

LEP Exemptions for Students in Grades 3–10 ............................................................................. 11General Exemption Criteria ..........................................................................................................12Specific Exemption Criteria for Students in Category 1 .................................................................15Summary of Exemption Criteria—Category 1 ..............................................................................22Specific Exemption Criteria for Students in Category 2 .................................................................23Summary of Exemption Criteria—Category 2 ..............................................................................30Linguistically Accommodated Testing............................................................................................31

Exit Level LEP Postponement ...................................................................................................... 38

Student Examples ........................................................................................................................ 42

Documentation Requirements for Students Granted a LEP Exemption ...................................... 46Summary of Documentation Required for LEP-Exempt Students .................................................47Documentation Concerning General Exemption Criteria .............................................................48Documentation Concerning Specific Exemption Criteria ..............................................................49

Using State Assessment Results to Monitor Progress ................................................................... 63About TELPAS .............................................................................................................................64Using Individual Student TELPAS and TAKS Results ...................................................................67Annual Measurable Achievement Objectives (AMAOs) .................................................................69Interpreting Spring 2009 TELPAS Summary Reports ...................................................................71

Provisions for ELLs Receiving Special Education Services .......................................................... 73Choosing the Appropriate Assessment ...........................................................................................74TELPAS Reading Participation Guidelines for Grades 2–12 ..........................................................76Participation Guidelines for TELPAS Holistically Rated Assessments ............................................77

Frequently Asked Questions ........................................................................................................ 78

Appendices................................................................................................................................... 86A. Relevant Sections of Texas Administrative Code, Chapter 101. Assessment ..............................87B. Blank Sample Forms .................................................................................................................88C. Texas Student Assessment Program Chart...............................................................................101D. Instructions Regarding Years in U.S. Schools ..........................................................................102E. How TELPAS Composite Ratings and Composite Scores Are Generated ...............................103F. Provisions for Qualifying Unschooled ELL Asylees and Refugees ...........................................104

2009–2010 LPAC Decision-Making Process for the Texas Assessment Program 1

Overview


Components of the Texas Student Assessment Program

The • Texas Assessment of Knowledge and Skills (TAKS) measures a student’s mastery of core content areas of the state-mandated curriculum, the Texas Essential Knowledge and Skills (TEKS). TAKS includes a form called TAKS (Accommodated) for students receiving special education services who meet the eligibility criteria for specific accommodations. This is a general assessment based on the same grade-level academic achievement standards as TAKS. The TAKS (Accommodated) form includes format changes (larger font, fewer items per page) and contains no embedded field-test items. TAKS (Accommodated) is administered in the same grades and subjects as TAKS, including all Student Success Initiative (SSI) and exit level retest opportunities.

TAKS, including TAKS (Accommodated), is administered in English for

Grades 3–9 reading

Grades 3–10 and exit level mathematics

Grades 4 and 7 writing

Grade 10 and exit level English language arts (ELA)

Grades 5, 8, 10, and exit level science

Grades 8, 10, and exit level social studies

TAKS, including TAKS (Accommodated), is administered in Spanish for


Grades 3–5 mathematics

Grade 4 writing

Grade 5 science

TAKS–Modifi ed (TAKS–M)• is an alternate assessment based on modifi ed academic achievement standards and is designed for students receiving special education services who meet participation requirements for TAKS–M. Each test covers the same grade-level content as TAKS, but TAKS–M tests have been changed in format (larger font, fewer items per page, etc.) and test design (fewer answer choices, simpler vocabulary and sentence structure, etc.).

TAKS–M is administered in English for

Grades 3–9 reading, including SSI retest opportunities in grades 5 and 8

Grades 3–11 mathematics, including SSI retest opportunities in grades 5 and 8


Grades 10 and 11 English language arts (ELA)

Grades 5, 8, 10, and 11 science

Grades 8, 10, and 11 social studies

TAKS–Alternate (TAKS–Alt)• is an alternate assessment based on alternate academic achievement standards and is designed for students with signifi cant cognitive disabilities receiving special education services who meet the participation requirements for TAKS–Alt. This assessment is not a traditional paper or multiple-choice test. Instead, it involves teachers observing students as they complete state-developed assessment tasks that link to the grade-level TEKS. Teachers then evaluate student performance based on


the dimensions of the TAKS–Alt rubric and submit results through an online instrument. This assessment can be administered using any language or other communication method routinely used with the student.

TAKS–Alt is administered for


Grades 3–11 mathematics


Grades 10 and 11 English language arts (ELA)

Grades 5, 8, 10, and 11 science

Grades 8, 10, and 11 social studies

Linguistically accommodated testing (LAT)• is an assessment process for immigrant English language learners (ELLs) who qualify for linguistically accommodated testing provisions in accordance with state and federal regulations. The LAT process enables eligible immigrant ELLs to be assessed with linguistic accommodations that help them better understand the language used on state assessments of academic skills.

LAT administrations of TAKS, which includes TAKS (Accommodated), and TAKS–M are provided for students who meet participation criteria in the following grades and subjects.

Grades 3–8 reading and grade 10 ELA

Grades 3–8 and 10 mathematics

Grades 5, 8, and 10 science

Spanish-version LAT forms are available in grades 3–5 for TAKS, including TAKS (Accommodated).

The • Texas English Language Profi ciency Assessment System (TELPAS) assesses the progress that ELLs make in learning the English language. TELPAS assesses the domains of listening, speaking, reading, and writing. Multiple-choice assessments that are taken by students online are used for


Holistically rated assessments that are scored by teachers based on student observations and written student work are used for

Grades K–1 listening, speaking, writing, and reading

Grades 2–12 listening, speaking, and writing

For a chart illustrating the grades and subjects assessed by each component of the Texas ✎Student Assessment Program, see Appendix C.

For more information about the Texas state assessments, visit the Texas Education Agency ✎Student Assessment Division website at http://www.tea.state.tx.us/student.assessment.


Background on State Assessment Requirements for ELLs

ELLs make up a large and growing group of students in the United States. Nationwide there are more than 5 million ELLs in public schools, with higher concentrations of ELLs in lower grades. By the year 2025, ELLs are projected to represent 1 in 4 students in the U.S. In the 2007–2008 school year, ELLs in Texas public schools represented 1 in 6 students. More than 90% of ELLs in Texas speak Spanish, with over 100 different native languages represented.

Concerns have become increasingly pressing at the national and state level about the need to ensure that ELLs are included in academic achievement measures in an appropriate manner. Test scores have signifi cant consequences for school districts and individual students. The academic achievement of students weighs heavily in educational accountability systems, and test scores affect the ability of students to advance to the next grade, graduate from high school, and pursue postsecondary goals.

Test validity refers to the extent to which a test measures what it intends to measure. When ELLs take tests in English, the validity of inferences drawn from their test scores is affected when they miss test questions not because they do not know the content assessed but because they misunderstand the English used on the test. For ELLs, it is not always clear to what extent low scores on a subject-area test in English are the result of limited English profi ciency versus insuffi cient content knowledge.

Researchers and practitioners indicate that it may take a number of years for a student who does not know English initially to become profi cient enough to use English effectively in academic situations. The Texas Legislature provides for Spanish versions of the state assessments in elementary grades and allows schools to exempt eligible immigrant ELLs from statewide academic skill assessments for a limited period of time. As a safeguard against excessive exemptions and possible unintended instructional consequences, Texas law requires TEA to implement procedures to ensure that LPACs include exempted ELLs in state assessments at the earliest practical date.

Recent changes in Texas law and commissioner of education rules affect ELL inclusion policies related to Spanish-version assessments, exit level test postponements, and provisions for ELLs identifi ed as unschooled asylees or refugees.1 The effect of the changes on the state assessment program and LPAC decision-making procedures is described in the appropriate sections of this manual.

Federal Assessment Requirements for English Language Learners

The federal No Child Left Behind Act of 2001 (NCLB) holds schools, school districts, and states accountable for the achievement of all students. English language learners are included in federal Adequate Yearly Progress (AYP) measures in reading and mathematics, and additional accountability measures called Annual Measurable Achievement Objectives (AMAOs) exist just for ELLs. These accountability measures seek to ensure that English language learners receive the instruction they need to become profi cient in English and academically successful. Federal regulations require that English language learners participate annually in state academic skill assessments as well as in English language profi ciency assessments that align with and support attainment of the state’s academic achievement standards.

1 Testing provisions for unschooled asylees and refugees are found in Appendix F.


AYP and Linguistically Accommodated Testing (LAT)

To meet federal requirements, all ELLs, including recent immigrant ELLs granted a LEP exemption under state law, must be included in assessments in reading, mathematics, and science in designated grades. For ELLs, federal law authorizes states to use native language assessments for a certain period of time or other linguistically accommodated assessments aligned to state academic standards. Federal regulations allow fi rst-year ELL immigrants to meet AYP requirements for reading through participation in the state’s English language profi ciency assessment rather than the academic skills assessment.

Most ELLs in Texas take the standard state assessments in English. In elementary grades, some ELLs take Spanish-version tests. A small percentage of immigrant ELLs, those granted LEP exemptions under state law, take designated assessments using a linguistically accommodated testing (LAT) process.

Results from LAT administrations are not used for state accountability. LAT performance of LEP-exempt students is not included in district and campus summary reports. Such students are designated as LEP-exempt on test answer documents and summary reports.

More information about LAT reading, mathematics, and science administrations may be found beginning on page 31.

AMAOs and TELPAS

The TELPAS assessments are used in federal AMAO accountability measures designed to increase the rate at which ELLs learn the English language and ultimately attain academic English language profi ciency. TELPAS results indicate whether a student is at the beginning, intermediate, advanced, or advanced high level of English language profi ciency in each of four language domains: listening, speaking, reading, and writing. For federal reporting purposes, the student’s performance in each language domain is combined into a single composite English language profi ciency rating. The composite ratings, not the individual domain results, are used in AMAO accountability measures. More information about AMAO accountability may be found on page 69.

TELPAS Reading for Grades 2–12

In spring 2008 Texas implemented a revised version of the former TELPAS reading assessment, which was called the Reading Profi ciency Tests in English (RPTE). The revised TELPAS reading tests expand the academic contexts in which English language profi ciency in reading is measured, assessing to a greater degree than RPTE the kind of reading students encounter in science and mathematics classes. This shift in the test’s design aligns with the stronger cross-curricular focus of the state’s revised English Language Profi ciency Standards (ELPS), which were adopted in 2007 under 19 TAC Chapter 74, Subchapter A. Required Curriculum. The ELPS include cross-curricular second language acquisition essential knowledge and skills that teachers of all foundation and enrichment subject areas are required to teach ELLs. The ELPS include the profi ciency level descriptors that are used in TELPAS to assess the language profi ciency levels of ELLs. In line with federal and state standards, the TELPAS reading test ensures that the language profi ciency levels reported fully address the academic language profi ciency required for reading in core content areas.

Meeting the Needs of the Second Language Learner

English language learners come from a variety of language backgrounds, cultures, and educational settings. Some are born in the U.S. and educated here from kindergarten on, while others are immigrants who may be in any grade when they arrive in the U.S. Immigrant students come to the U.S. with varying knowledge of the English language. They also have widely differing educational backgrounds. Some immigrants have had excellent academic preparation; others have had limited prior school experience. The instructional


programs that schools are required to provide to second language learners also vary. These differences make it essential for decisions concerning instruction and assessment to be made on an individual student basis.

The following goals for instructing limited English profi cient students provide the framework for the state assessment requirements.

Goals

When the needs of ELLs are addressed promptly and effectively,

most ELLs who have been in U.S. schools since fi rst grade will be able to meet the • requirements of the TEKS in English or Spanish by grade 3.

most immigrant ELLs in Spanish bilingual programs will be able to meet the • requirements of the TEKS in Spanish by the spring of their fi rst school year in the U.S.

most immigrant ELLs who enter U.S. schools with little or no knowledge of • English or with limited prior schooling will be able to meet the requirements of the TEKS by their third year in the U.S.

Ensuring the academic success of ELLs is a national priority. While some U.S. schools have well-established programs that help second language learners reach their full potential, other schools need to take steps to effectively address the needs of this student population. Effective instructional programs enable ELLs who have a solid academic foundation to stay in step academically as they learn English. Effective programs intervene quickly on behalf of students who enter the U.S. with limited prior schooling.

This manual is designed to help LPACs include ELLs in the assessment system in a consistent and appropriate manner. Both administering state assessments to second language learners too soon and delaying the assessments too long can have undesirable consequences. Measuring ELLs’ academic skills in English before they have had time to learn English can confound assessment results. Students appear to be behind academically when, in fact, lack of English comprehension may prevent a reliable measure of either academic strengths or weaknesses. In addition, requiring immigrants with limited prior schooling to participate too soon may make instructional programs appear weak when, in fact, there has not been time to teach students the required skills.

On the other hand, delaying the testing of struggling second language learners until they no longer struggle distorts information about how well schools are meeting these students’ educational needs. ELLs must learn not only academic content but also a second language. Their learning load increases substantially when academic instruction is not delivered in a comprehensible manner or when they come to the U.S. with limited prior schooling. When their special needs are not identifi ed and addressed promptly, they may struggle academically long after they have learned the English language.

The assessment provisions in this manual refl ect the efforts of Texas educators, policymakers, and citizens to include ELLs in state assessments without delay and in a manner that provides meaningful information about their instruction and learning. The provisions encourage schools to act promptly to deliver the specialized instruction ELLs need to reach their potential and achieve long-term academic success.


Role of the LPAC

This manual is a component of the state assessment system for evaluating the academic progress of ELLs. The LPAC has a vital role in this system.

Section 101.1003 of the Commissioner’s Rules Concerning the Participation of Limited English Profi cient Students in State Assessments requires LPACs to make assessment decisions on an individual student basis and in accordance with administrative procedures established by TEA. This manual’s procedures will help members of the LPAC comply with state requirements as they make assessment decisions and monitor students’ progress and needs.

With regard to exemptions, this manual focuses the LPAC’s deliberations on whether an ELL is having academic or linguistic diffi culties that stem from school experiences outside the U.S. Inadequacies in instruction provided in U.S. schools must not enter into the exemption decision.

In order for the LPAC to implement the testing requirements, committee members must

adhere to the provisions in this manual,•

monitor student progress and determine appropriate instructional interventions,•

make assessment decisions on an individual student basis,•

function as a committee to make assessment decisions, and•

maintain appropriate documentation.•

For more information about the duties and composition of the LPAC and about instructional program requirements, refer to the TEA publication titled Framework for the Language Proficiency Assessment Committee Process Manual. It may be accessed at http://www.esc20.net/LPACFramework.


Decisions About Administering TAKS in English or Spanish


Decisions About Administering TAKS in English or Spanish

This section of the manual helps LPACs decide whether to administer TAKS in English or Spanish to Spanish-speaking ELLs in grades 3–5. Note that the grade 6 Spanish versions of TAKS were eliminated as a result of recent changes made by the Texas Legislature. Information specifi c to ELLs receiving special education services for whom TAKS (Accommodated), TAKS–M, or TAKS–Alt may be appropriate is found in the section of this manual titled “Provisions for ELLs Receiving Special Education Services.”

The Spanish versions of TAKS at grades 3–5 assess the academic progress of Spanish-speaking ELLs who receive academic instruction in Spanish while they learn English.

LPACs are responsible for deciding whether a Spanish-speaking ELL in grades 3–5 should be assessed with TAKS in English or TAKS in Spanish. This decision is to be based on the following:

the language of instruction and the language in which the student is • best able to demonstrate his or her academic skills

whether the student has already taken the Spanish-version state • assessment for three years

whether the student’s years of LEP exemptions combined with • administrations of the Spanish-version state assessment already total three years

The decision to administer TAKS in English or Spanish or to grant an exemption may vary by subject area if deemed appropriate by the LPAC.

Students in Bilingual Programs

TAKS in Spanish is generally the appropriate assessment for nonexempt ELLs in bilingual programs who are receiving most of their instruction in Spanish.

TAKS in English is generally the appropriate assessment for nonexempt ELLs in bilingual programs who are receiving most of their instruction in English.

Students must take TAKS in English after they have taken the Spanish-version state assessment for three years or after their years of LEP exemptions combined with Spanish-version testing total three.2

TELPAS Reading and Spanish TAKS Decisions

The LPAC may decide to administer TAKS in Spanish to an eligible student regardless of the student’s past TELPAS reading test performance if the student

is best able to demonstrate his or her academic skills in Spanish, and•

has taken the Spanish-version test for less than three years or has less than a total of three years of • LEP exemptions plus Spanish administrations.

2 Note the following:

Example 1. A student who took the Spanish-version reading test in grades 3, 4, and 5 is not eligible to take the Spanish-version reading test again in grade 5 if the student is retained. Similarly, an immigrant student who was exempt in grade 3 but took the Spanish-version reading test in grades 4 and 5 is not permitted to take the Spanish-version reading test again in grade 5 if the student is retained. These students must take TAKS in English.

Example 2. When a student is absent from a subject-area test, the student is not eligible for an additional year of exemption or an additional year to take Spanish TAKS.


Students in English as a Second Language (ESL) Programs

TAKS in English is generally the appropriate assessment for nonexempt ELLs in ESL programs because academic instruction in these programs is usually delivered in English.

An LPAC may determine, however, that TAKS in Spanish is appropriate for a student in an ESL program if the assessment in Spanish will provide a valid measure of the student’s academic progress. For example, an LPAC may determine TAKS in Spanish to be appropriate for a student who has enrolled in U.S. schools shortly before the TAKS administration and who has received suffi cient schooling in Spanish outside the U.S.

When determining whether Spanish TAKS is appropriate for students in ESL programs, the LPAC should carefully consider the student’s language of instruction. A student who has not had recent, ongoing academic instruction or academic support in Spanish may not be able to demonstrate in Spanish what he or she has been taught in English. To demonstrate certain knowledge and skills in Spanish, the student will need to have learned academic terminology in Spanish and acquired grade-level Spanish literacy.

Non-LEP Students in Bilingual Education Programs

In accordance with 19 TAC, Section 101.1007(e), school districts may administer Spanish TAKS to a student who is not identifi ed as limited English profi cient but who participates in a bilingual education program if the LPAC determines TAKS in Spanish to be the most appropriate measure of the student’s academic progress. The student may not, however, be administered the Spanish-version assessment for longer than three years.

This regulation is specifi c to the role of the LPAC in making this assessment decision and does not require the LPAC to conduct other types of LPAC meetings. Local documentation should be kept of the LPAC’s decision to administer the Spanish version of the test to the student.

Non-LEP students in bilingual education programs are not eligible for LEP exemptions.


LEP Exemptions for Studentsin Grades 3–10


LEP Exemptions for Students in Grades 3–10

The following procedures are based on the Texas Education Code, Chapter 39, and the Texas Administrative Code, Chapter 101, Subchapter AA. Commissioner’s Rules Concerning the Participation of Limited English Profi cient Students in State Assessments. The commissioner’s rules can be accessed from Appendix A.

ELLs in grades 3–10 must meet all of the following general exemption criteria before an LPAC may consider the need for a LEP exemption from TAKS. An ELL who does not participate in a bilingual or ESL program because of a parental denial is not eligible for a LEP exemption from state assessments. The LPAC must have documentation in the student’s permanent record folder indicating that the student meets all fi ve of these criteria. (Documentation requirements are explained beginning on page 48.)

3

LEP STATUS

PROGRAMPARTICIPATION

TAKS IMMIGRANTSTATUS

YEARS IN U.S.SCHOOLS

GRADES 2–12 TELPAS READING

RATING5

The student is identified as LEP, as defined by Texas state law in Section 29.052 of the Texas Education Code.

The student is in a state-approved bilingual or English as a second language (ESL) program.

At some point in his or her history, the student has resided outside the 50 U.S. states for at least two consecutive years.3

The student is in his or her first three school years4 of enrollment in U.S. schools.

• The student in his or her second school year of enrollment in U.S. schools has not yet received a rating of advanced high.

• The student in his or her third school year of enrollment in U.S. schools has not yet received a rating of advanced or advanced high.

General Exemption Criteria

45

Unless a student meets all five general exemption criteria, the LPAC may not give further consideration to the need for a LEP exemption.

3 This defi nition of immigrant status is for assessment purposes only. The defi nition differs from the one used for PEIMS. Country of birth and number of years in the U.S. are not used in determining immigrant status for state assessment purposes. Only students who at some point in their history have resided outside the 50 U.S. states for at least two consecutive years meet this criterion.

4 A partial year of school enrollment in the U.S. counts as one school year for purposes of both TAKS exemption eligibility and TELPAS data collection. Students in their fourth or subsequent school year of enrollment in a U.S. school are not eligible for a LEP exemption even if they have been enrolled for partial school years. Note, however, that schools should not include enrollment in prekindergarten or kindergarten in these counts.

5 RPTE ratings (from spring 2007 or earlier) do not apply here.


If a Student Meets All Five General Exemption Criteria

If a student meets all fi ve general exemption criteria, the LPAC will examine additional criteria—termed specifi c exemption criteria—to determine whether the student qualifi es for an exemption. Specifi c exemption criteria will be considered separately for two categories of students, as shown below.

Category 1

Immigrant ELLs in Spanish bilingual education programs in grades 3–5 (for whom state assessments exist in both

English and Spanish)

Category 2

Immigrant ELLs in grades 3–10 who are either (1) in an ESL program or (2) in a bilingual education

program but a native language assessment does not exist

Things to Know About the Specific Exemption Criteria

The specifi c exemption criteria require the LPAC to examine an immigrant student’s schooling outside • the U.S. in order to determine whether it is reasonable by the spring test administration to expect the student to meet the TEKS requirements as measured by the state academic skills assessment.

The specifi c exemption criteria differ according to whether students are in category 1 or 2. Fewer • exemptions are necessary for students in category 1 because of the availability of TAKS in Spanish.

The specifi c exemption criteria differ according to whether students are in•

the fi rst school year of enrollment in the U.S., or o

the second or third school year of enrollment in the U.S. o

Sixth-grade ELLs in Spanish bilingual programs for whom an exemption may be necessary are in • category 2 since Spanish versions of grade 6 TAKS no longer exist.

Recent immigrant ELLs receiving special education services for whom TAKS–M would be the • appropriate measure are in category 2 even if they are in a Spanish bilingual program because a Spanish version of TAKS–M does not exist.

A student who does not meet ✎ the specific exemption criteria for his or her category is not eligible for a LEP exemption.

Reminder: Regardless of their category, immigrant ELL third graders enrolled ✎in U.S. schools for all of first, second, and third grade are not eligible for a LEP exemption. Third graders who have been in U.S. schools for all of grades 1, 2, and 3 do not meet the specific exemption criterion related to having had insufficient schooling outside the U.S.


The remainder of this section of the manual is organized as follows:

Students in Category 1(pages 15–22)

Students in Category 2(pages 23–30)

First School Year in U.S. Specific exemption criteria Flow chart of LEP exemption decisions Second and Third School Years in U.S. Specific exemption criteria Flow chart of LEP exemption decisions LPAC Decision-Making Process Review schooling outside U.S. Determine and monitor interventions Examine current year’s progress Make and document assessment decision Summary of Exemption Criteria General exemption criteria Specific exemption criteria

First School Year in U.S. Specific exemption criteria Flow chart of LEP exemption decisions Second and Third School Years in U.S. Specific exemption criteria Flow chart of LEP exemption decisions LPAC Decision-Making Process Review schooling outside U.S. Determine and monitor interventions Examine current year’s progress Make and document assessment decision Summary of Exemption Criteria General exemption criteria Specific exemption criteria

Specific Exemption Criteria


Specifi c Exemption Criteria forStudents in Category 1


Category 1—Year 1

Students in Category 1—First School Year in U.S.Immigrant ELLs in Spanish bilingual education programs in grades 3–5 (for whom state assessments exist in both English and Spanish)

When a student in category 1 is in the fi rst school year of enrollment in the U.S. and meets the general exemption criteria on page 12, the LPAC will examine the following specifi c exemption criteria.

SCHOOLINGOUTSIDE U.S.

EFFECT OF CURRENTYEAR’S PROGRESS

The student’s schooling outside the U.S. did not provide the foundation of learning that Texas requires and measures on the state academic skills assessment.

AND

The student’s progress by the spring of the school year has not been sufficient to make up for the differences in his or her schooling outside the U.S.

Specific Exemption Criteria for Students in the First School Year of Enrollment in the U.S.

The following fl ow chart summarizes the LEP exemption decision process for these students.


Category 1—Year 1

Flow Chart of LEP Exemption Decisions—Category 1First School Year of Enrollment in U.S.

Does the student meet all five general exemption criteria on page 12?

➢ LEP status➢ Program participation➢ TAKS immigrant status➢ Years in U.S. schools➢ Grades 2–12 TELPAS reading rating

Did the student enter U.S. schools without the foundation of learning that Texas requires at the grade level in which the student is enrolled?

Does the LPAC have evidence that by the spring of the year the student is not yet progressing satisfactorily in the TEKS at the grade level of enrollment in either English or Spanish?

The LPAC may exempt the student if it attributes the student’s lack of progress by the spring of the year to the student’s insufficient foundation of learning outside the U.S. See pages 48–62 for documentation requirements. See pages 31–35 for LAT procedures for grades 3–8 and 10.

The student is not eligible for exemption.



yes

yes

yes

no

no

no

Category 1 includes immigrant ELLs in Spanish bilingual education programs in grades 3–5 (for whom state assessments exist in both English and Spanish).


Category 1—Years 2 and 3

Students in Category 1—Second and Third School Years in U.S.Immigrant ELLs in Spanish bilingual education programs in grades 3–5 (for whom state assessments exist in both English and Spanish)

When a student in category 1 is in the second or third school year of enrollment in the U.S. and meets all fi ve general exemption criteria on page 12, the LPAC will examine the following specifi c exemption criteria.

Students in category 1 who are in their second or third school year in the U.S. will be eligible for exemption only under rare circumstances.



There was an extensive period of time outside the U.S. in which the student did not receive schooling, as defined in A and B below.6

A. Students in second school year of enrollment in U.S. While residing outside the U.S., the student did not receive schooling for periods of time totaling at least one school year.

B. Students in third school year of enrollment in U.S. While residing outside the U.S., the student did not receive schooling for periods of time totaling at least two school years.

AND

The extensive absence of schooling outside the U.S. resulted in such limited academic achievement and/or literacy that by the spring of the student’s second or third school year in the U.S., the state assessment in either English or Spanish is still an inappropriate measure of the student’s academic progress.

Specific Exemption Criteria for Students in the Second and Third School Years of Enrollment in the U.S.

6


6 For more information about determining and documenting extensive periods of time in which students did not receive schooling, see page 49.



Flow Chart of LEP Exemption Decisions—Category 1 Second and Third School Years of Enrollment in U.S.

Did the student experience an extensive absence of schooling outside the U.S. as defined on page 18?

Does the LPAC have evidence that in the spring of the second (or third) school year in the U.S. the student is still not progressing satisfactorily in the TEKS at his or her grade level of enrollment in either English or Spanish?

The LPAC may exempt the student if it attributes the student’s lack of progress by the spring of the second (or third) school year to the extensive absence of schooling outside the U.S. and resulting limitations in academic achievement and/or literacy. See pages 48–62 for documentation requirements. See pages 31–35 for LAT procedures for grades 3–8 and 10.




yes

yes

yes

no

no

no

Category 1 includes immigrant ELLs in Spanish bilingual education programs in grades 3–5 (for whom state assessments exist in both English and Spanish).

Did the absence of schooling result in such limited academic achievement and/or literacy in both Spanish and English that the student required significant TEKS instruction below the student’s grade level of enrollment?

yes

The student is not eligible for exemption.no




Category 1

LPAC Decision-Making Process for Students in Category 1

The specifi c exemption criteria require the LPAC to review factors associated with the student’s schooling outside the U.S. and progress in U.S. schools, as described below.

The documentation LPACs need to maintain for students granted a LEP exemption is described beginning on page 46.

Steps for Decision Making

Step 1: Review schooling outside U.S.

Step 2: Determine and monitor instructional interventions

Step 3: Examine current year’s progress

Step 4: Make and document assessment decision

Step 1: Review Schooling Outside U.S.

When the LPAC evaluates the suffi ciency of the student’s schooling outside the U.S., documentation is needed concerning (1) the student’s general academic preparedness upon enrollment in U.S. schools and (2) any extensive absences of schooling outside the U.S.7 This information should be documented during the period in which the student initially enrolls and is classifi ed as LEP.8 A newly arrived immigrant is not eligible for exemption unless his or her schooling outside the U.S. did not provide the foundation of learning in English or Spanish required by the TEKS at the student’s current grade level of enrollment.

Step 2: Determine and Monitor Instructional Interventions

Students in category 1 who enter U.S. schools with an insuffi cient foundation of learning need accelerated instruction to (1) learn material that should have been mastered previously, (2) acquire the current grade’s knowledge and skills, and (3) become profi cient in English. The LPAC should coordinate with other appropriate school professionals to determine the type of instructional interventions that will best accelerate the student’s learning. LPACs are required to review and document instructional interventions9 made on behalf of ELLs for whom an exemption is necessary. Linguistically accommodated instruction, which is required by the Texas English Language Profi ciency Standards (ELPS), and other carefully targeted instructional interventions should be provided, monitored, and adjusted as needed.

7 Although evidence of an extensive absence of schooling outside the U.S. is not needed when granting a first-year exemption, this information will help the LPAC better understand and meet the student’s instructional needs.

8 If this information was not documented during the initial enrollment/classification period, it must be documented by spring 2010 before the assessment decision is made.

9 An instructional intervention is defi ned as assistance that is designed to accelerate the progress of a struggling learner and that requires carefully targeted, individualized instruction in class and, in many instances, beyond the classroom.


Category 1

Step 3: Examine Current Year’s Progress

In the spring of the year (prior to the state assessments), the LPAC will review and document both the student’s academic progress and progress in English language development.

Step 4: Make and Document Assessment Decision

An ELL whose schooling outside the U.S. was insuffi cient is not eligible for exemption if, by the spring of the year, the student is progressing satisfactorily in the TEKS required at his or her grade level of enrollment. The LPAC may exempt a student who meets all the exemption criteria and is making unsatisfactory progress if the committee considers it unreasonable to expect the student to have overcome the insuffi ciency of his or her schooling outside the U.S. If an exemption is granted, the reason must be documented and placed in the student’s permanent record fi le. The following documentation concerning the reason for the exemption should be used for students in category 1.

Year 1

The student meets all general and specific exemption criteria for students in their first school year of enrollment in the U.S. Given the student’s foundation of learning upon entry to U.S. schools, it is not yet reasonable to expect the student to meet the TEKS requirements as measured on the state assessment.

Years 2 and 3

The student meets all general and specific exemption criteria for students in their second (or third) school year of enrollment in the U.S. Given the student’s extensive absence of schooling outside the U.S. and resulting limitations in academic achievement and/or literacy, it is not yet reasonable to expect the student to meet the TEKS requirements as measured on the state assessment.


Category 1

Summary of Exemption Criteria—Category 1

To receive a LEP exemption, students in category 1 must meet all general exemption criteria as ✎well as the specific exemption criteria applicable to their number of school years of enrollment in the U.S.

Category 1 includes immigrant ELLs in Spanish bilingual education programs in grades 3–5 ✎(for whom state assessments exist in both English and Spanish).

See pages 31–35 for LAT requirements. ✎

LEP STATUS




GRADES 2–12 TELPAS READING

RATING10

The student is identified as LEP, as defined by state law in Section 29.052 of the Texas Education Code.

The student is in a state-approved Spanish bilingual program in grades 3–5.

At some point in his or her history, the student has resided outside the 50 U.S. states for at least two consecutive years.

The student is in his or her first three school years of enrollment in U.S. schools.






The student’s schooling outside the U.S. did not provide the foundation of learning that Texas requires and measures on the state academic skills assessment.


Specific Exemption Criteria—First School Year in U.S.



There was an extensive period of time outside the U.S. in which the student did not receive schooling, as defined in A and B below.

A. Students in second school year of enrollment in U.S. While residing outside the U.S., the student did not receive schooling for periods of time totaling at least one school year.

B. Students in third school year of enrollment in U.S. While residing outside the U.S., the student did not receive schooling for periods of time totaling at least two school years.

The extensive absence of schooling outside the U.S. resulted in such limited academic achievement and/or literacy that by the spring of the student’s second or third school year in the U.S., the state assessment in either English or Spanish is still an inappropriate measure of the student’s academic progress.

Specific Exemption Criteria—Second and Third School Years in U.S.



Specifi c Exemption Criteria forStudents in Category 2


Category 2—Year 1

Students in Category 2—First School Year in U.S.Immigrant ELLs in grades 3–10 who are either (1) in an ESL program or (2) in a bilingual education program but a native language assessment does not exist

When a student in category 2 meets all fi ve general exemption criteria on page 12, the LPAC will examine the following specifi c exemption criteria.



The student’s schooling outside the U.S. did not provide the foundation of learning that Texas requires and measures on the state academic skills assessment, whether the foundation is in knowledge of the English language or specific academic skills and concepts in the subjects assessed.

AND


Specific Exemption Criteria for Students in the First School Year of Enrollment in the U.S.


See page 10 for situations in which it may be appropriate to administer an ESL student TAKS in Spanish rather than grant a LEP exemption.


Category 2—Year 1

Flow Chart of LEP Exemption Decisions—Category 2First School Year of Enrollment in U.S.

Did the student enter U.S. schools without the foundation of learning that Texas requires at the student’s grade level of enrollment, whether the foundation was in knowledge of the English language or specific academic skills and concepts in the subjects assessed?

Does the LPAC have evidence that by the spring of the year the student has not been able to overcome the differences in his or her schooling outside the U.S.?

The LPAC may exempt the student if it attributes the student’s lack of progress by the spring of the year to the student’s insufficient foundation of learning outside the U.S. See pages 48–62 for documentation requirements. See pages 31–35 for LAT procedures for grades 3–8 and 10.




yes

yes

yes

no

no

no

Category 2 includes immigrant ELLs in grades 3–10 who are either (1) in an ESL program or (2) in a bilingual education program but a native language assessment does not exist.

Does the student meet all general exemption criteria on page 12?




Students in Category 2—Second and Third School Years in U.S.Immigrant ELLs in grades 3–10 who are either (1) in an ESL program or (2) in a bilingual education program but a native language assessment does not exist

When a student in category 2 is in the second or third school year of enrollment in the U.S. and meets all fi ve general exemption criteria on page 12, the LPAC will examine the following specifi c exemption criterion.

ACADEMIC LANGUAGE

PROFICIENCY

By the spring of the second or third school year in the U.S., the student continues to lack the academic language proficiency in English necessary for the state assessment in English to provide a valid and reliable measure of the student’s academic progress.

Specific Exemption Criterion for Students in the Second and Third School Years of Enrollment in the U.S.




Flow Chart of LEP Exemption Decisions—Category 2Second and Third School Years of Enrollment in U.S.


➢ LEP status ➢ Program participation ➢ TAKS immigrant status ➢ Years in U.S. schools ➢ Grades 2–12 TELPAS reading rating

By the spring of the year, does the LPAC have evidence that the student continues to lack the academic language proficiency in English for the state assessment in English to provide a valid and reliable measure of the student’s academic skills mastery?

The LPAC may exempt the student if it attributes the student’s lack of academic language proficiency by the spring of the year to the student’s insufficient foundation of learning outside the U.S. See pages 48–62 for documentation requirements. See pages 31–35 for LAT procedures for grades 3–8 and 10.



yes

yes

no

no

Category 2 includes immigrant ELLs in grades 3–10 who are either (1) in an ESL program or (2) in a bilingual education program but a native language assessment does not exist.


Category 2

LPAC Decision-Making Process for Students in Category 2

The specifi c exemption criteria require the LPAC to review factors associated with the student’s schooling outside the U.S. and the student’s progress in U.S. schools, as described below.

The documentation LPACs need to maintain for students granted a LEP exemption is described beginning on page 46.

Steps for Decision Making

Step 1: Review schooling outside U.S.

Step 2: Determine and monitor instructional interventions

Step 3: Examine current year’s progress

Step 4: Make and document assessment decision

Step 1: Review Schooling Outside U.S.

When the LPAC evaluates the suffi ciency of the student’s schooling outside the U.S., documentation is needed concerning the student’s English language profi ciency (oral and reading). This information is gathered when the student initially enrolls and is identifi ed as LEP. If possible, the LPAC should also (1) evaluate the student’s academic preparedness11 and (2) determine whether there were any extensive absences of schooling outside the U.S. This information will help the LPAC better understand and meet the student’s instructional needs.

Step 2: Determine and Monitor Instructional Interventions

Category 2 students who enter U.S. schools with an insuffi cient foundation of learning need carefully targeted linguistic accommodations and other instructional interventions. In addition to their need to learn English, these students may have weaknesses in academic preparedness. LPACs should coordinate with other appropriate school professionals to determine each student’s strengths and weaknesses and provide interventions that will address the student’s linguistic and academic needs. LPACs are required to review and document instructional interventions12 made on behalf of ELLs for whom an exemption is necessary. Linguistically accommodated instruction, which is required by the Texas English Language Profi ciency Standards (ELPS), and other carefully targeted instructional interventions should be provided, monitored, and adjusted as needed.

11 When a student has little or no knowledge of the English language, it may not be possible to assess a student’s academic preparedness in English using standardized assessment methods. When identifying LEP students, LPACs are not required to assess students in ESL programs using standardized primary language assessments but are encouraged to do so if they have the necessary tests and personnel. Documentation of academic preparedness may also come from student records and classroom observations and interactions.

12 An instructional intervention is defi ned as assistance that is designed to accelerate the progress of a struggling learner and that requires carefully targeted, individualized instruction in class and, in many instances, beyond the classroom.


Category 2

Step 3: Examine Current Year’s ProgressIn the spring of the year (prior to the state assessments), the LPAC will evaluate and document the student’s progress. In the student’s fi rst school year in the U.S., both academic language profi ciency in English and progress in the academic skills required by the TEKS are considered in the exemption decision.

In the student’s second or third school year in the U.S., the exemption decision is based on whether the student has the academic language profi ciency in English necessary to demonstrate his or her academic skills in a valid and reliable manner. A student with academic language profi ciency in English has minimal or no diffi culty with the grade-appropriate English used in class, textbooks, and tests.

Note that a student’s progress must be reviewed in the spring of the year; a student may not be exempted solely on the basis of the previous year’s TELPAS reading rating.

Step 4: Make and Document Assessment DecisionIf the student meets all the exemption criteria, the LPAC will determine whether it is as yet unreasonable, given the student’s school experiences outside the U.S., to expect the student to meet the assessment requirements13 by the time of the test administration.

For a student in the fi rst school year in the U.S., the LPAC may grant an exemption if the student is • not progressing satisfactorily in the TEKS required at his or her grade level of enrollment, either in terms of academic language profi ciency in English or academic concepts and skills measured on the state assessment.

For a student in the second or third school year in the U.S., the LPAC may grant an exemption if the • student continues to lack the academic language profi ciency in English necessary for the state assessment to provide a valid and reliable measure of the student’s academic progress.

If an exemption is granted, the reason must be documented and placed in the student’s permanent record fi le. The following documentation concerning the reason for the exemption should be used for students in category 2.

Year 1

The student meets all general and specific exemption criteria for students in their first school year of enrollment in the U.S. Given the student’s foundation of learning upon entry to U.S. schools, it is not yet reasonable to expect the student to meet the TEKS requirements as measured on the state assessment.

Years 2 and 3

The student meets all general and specific exemption criteria for students in their second (or third) school year of enrollment in the U.S. Given the student’s foundation of learning upon entry to U.S. schools, it is not yet reasonable to expect the student to have acquired the academic language proficiency necessary for the state assessment in English to provide a valid and reliable measure of the student’s academic progress.

13 In some cases it may be appropriate to administer TAKS in Spanish. See pages 9–10 for more information.


Category 2

Summary of Exemption Criteria—Category 2

To receive a LEP exemption, students in category 2 must meet all general exemption criteria as ✎well as the specific exemption criteria applicable to their number of school years of enrollment in the U.S.

Category 2 includes immigrant ELLs in grades 3–10 who are either (1) in an ESL program or ✎(2) in a bilingual education program but a native language assessment does not exist.

See pages 31–35 for LAT requirements. ✎

The student is identified as LEP, as defined by state law in Section 29.052 of the Texas Education Code.

The student is served in a state-approved ESL or bilingual education program as defined for category 2.

At some point in his or her history, the student has resided outside the 50 U.S. states for at least two consecutive years.

The student is in his or her first three school years of enrollment in U.S. schools.






The student’s schooling outside the U.S. did not provide the foundation of learning that Texas requires and measures on the state academic skills assessment, whether the foundation is in knowledge of the English language or specific academic skills and concepts in the subjects assessed.


Specific Exemption Criteria—First School Year in U.S.

Specific Exemption Criteria—Second and Third School Years in U.S.

ACADEMICLANGUAGE

PROFICIENCY

By the spring of the second or third school year in the U.S., the student continues to lack the academic language proficiency in English necessary for the state assessment in English to provide a valid and reliable measure of the student’s academic progress.

LEP STATUS




GRADES 2–12TELPAS READING

RATING14

14



Linguistically Accommodated Testing

The No Child Left Behind Act of 2001 requires states to assess all students in federally mandated grades and subjects. The state of Texas uses linguistically accommodated testing (LAT) procedures to assess recent immigrant ELLs who are determined to be LEP-exempt from testing under state policy.15 The LAT process enables these students to be provided linguistic accommodations that help them better understand the language used on the tests.

LAT administrations are available in the following federally required subjects and grades:

mathematics at grades 3–8 and 10•

reading at grades 3–8 and ELA at grade 10•

science at grades 5, 8, and 10•

For reading and ELA, LEP-exempt students do not participate in LAT administrations in their fi rst school year in the U.S. They take just the TELPAS reading test to meet federal requirements.

Districts receive LAT results with their TAKS and TAKS–M results. The same performance standards apply to LAT administrations as to TAKS and TAKS–M. Student-level test results are provided; however, LAT performance of LEP-exempt students is not included in district and campus summary reports. Such students are designated as “LEP-exempt” in the summary reports.

LAT process for TAKS–M: Procedures for LAT administrations of TAKS and TAKS–M differ slightly. TAKS–M differences are explained on page 35. More information about LAT administrations for ELLs receiving special education services may be found on page 75.

LPAC Role

The Texas English Language Profi ciency Standards (ELPS) require school districts to provide linguistically accommodated instruction to all ELLs in accordance with their English language profi ciency levels in order to support their learning of English and grade-level subject matter. The 2009–2010 Accommodations Manual is a useful resource for professional development and planning related to meeting the linguistic accommodation needs of ELLs.

For those ELLs for whom a LEP exemption may be necessary, the LPAC should coordinate with other appropriate school professionals to document the instructional interventions, including linguistic accommodations, that are to be provided to the student during instruction. This instructional coordination is vital for students for whom LEP exemptions may be necessary. As described in the decision-making steps on pages 20 and 28, linguistic accommodations should be provided and monitored throughout the year. See pages 51 and 52 for documentation requirements and a form that may be used.

Some linguistic accommodations used during instruction are not applicable or allowable in a standardized testing situation. Prior to the spring test administrations, when LEP exemption decisions are made, the student’s linguistic accommodations should be reviewed and decisions made about the accommodations to provide during LAT administrations. LPAC members (and ARD committee members if the ELL also

15 See Appendix F for information about unschooled asylees and refugees.


receives special education services) will need to collaborate with the subject-area teacher of the student and the testing coordinator to

make and document decisions concerning the linguistic accommodations to be provided;•

determine the need for individual versus small-group LAT administrations; and•

identify appropriate LAT test administrators.•

LAT Accommodations

Linguistic accommodations used during testing are categorized according to whether they provide indirect or direct linguistic support. The 2009–2010 Accommodations Manual and the LAT test administrator manual describe each LAT accommodation in detail. Be sure to use these resources when LAT accommodation decisions are made.

Accommodations providing indirect linguistic support do not need to be documented for individual students. They are built into the test administration procedures. The chart below summarizes the indirect support accommodations.

Mathematics/Science

✔✔

Reading/ELA

✔✔✔*

Clarification of Test DirectionsBreaks at Request of Student

Indirect Support Accommodations

Testing Over Two Days

*A two-day LAT administration of a TAKS–M reading/ELA test is optional. The LPAC and ARD committee should decide in advance whether the student should complete the test in one or two days.

Decisions concerning LAT accommodations that provide direct linguistic support must be made by the LPAC (and ARD committee, if applicable). These decisions must be documented in the student’s permanent record fi le and, in the case of an ELL receiving special education services, in the student’s individualized education program (IEP). The decisions must be based on the individual needs of the student and whether the accommodation is used routinely in instruction and testing. Testing personnel will indicate the student’s LAT participation on the test answer document. The following charts show the direct support accommodations and the tests to which they apply.

✔

✔

✔

✔

✔

✔

✔

✔

✔

✔

✔

Direct Support Accommodations

Mathematics and ScienceAccommodations

TAKS, IncludingTAKS (Accommodated) TAKS–M

Linguistic Simplification*Oral TranslationReading AssistanceBilingual DictionaryBilingual GlossaryEnglish and Spanish Tests Side by Side (Grades 3–5)

*For TAKS, including TAKS (Accommodated), secure linguistic simplification guides are provided to test administrators for use with this accommodation. Linguistic simplification is an allowable accommodation for LAT administrations of TAKS–M, but linguistic simplification guides are not provided.


✔

✔*✔

✔

✔

✔

✔

✔

✔

✔

✔✔*✝

✝

✝

*All grade 10 students who take TAKS, regardless of whether they take LAT tests, are to have access to English dictionaries and thesauruses for these sections of the test. It is not necessary to predetermine and document the need for this as an accommodation.

✝All grade 10 LAT students (regardless of their approved linguistic accommodations) may receive assistance to understand the written composition prompt and the rest of the instructions on the test page containing the prompt. The language may be clarified, translated, or read aloud at the student’s request. It is not necessary to predetermine and document the need for this as an accommodation. These three types of assistance are not allowed on the written composition itself.

ELAReading

ELA Revisingand Editing

ELA WrittenComposition

Bilingual DictionaryEnglish DictionaryReading Aloud—Word or PhraseReading Aloud—Entire Test ItemOral Translation—Word or PhraseClarification—Word or Phrase

✔

✔

✔

✔

✔

✔

Grades 3–8Reading

Reading/ELA Accommodations for TAKS, Including TAKS (Accommodated), and TAKS–M

Student scenarios illustrating appropriate linguistic assistance are provided in the LAT test administrator manual. This information should be reviewed when training testing personnel in LAT administration procedures.

For more information about LAT accommodations, see the 2009–2010 Accommodations Manual and LAT test administrator manual.

Planning for LAT Administrations

Rosters that LPAC members and testing coordinators may wish to use to list students and plan for the necessary test administrators, accommodations, testing materials, and testing locations are on pages 36–37.

Scheduling

LAT mathematics and science administrations are given in one day. LAT reading/ELA administrations • for TAKS, including TAKS (Accommodated), are given in two days, with a fi xed stopping point at the end of Day 1. LAT test administrators will be given explicit information about where to stop on Day 1 and where to begin on Day 2. LAT mathematics, reading, and science administration dates are as follows:


LAT Mathematics

LAT Reading/ELA

LAT Science

Grades 3–4, 6–7, and 10 April 26

Grades 5 and 8 May 17

Grades 3–4, 6–7, and 10 April 27 and 28

Grades 5 and 8 May 18 and 19

Grades 5, 8, and 10 April 30

LAT administrations of TAKS–M occur on the same schedule as LAT administrations of TAKS except • that a two-day administration of LAT reading/ELA for TAKS–M is optional. See the next page for details about two-day administrations of TAKS–M for reading/ELA.

In rare instances, a student taking a LAT administration may be LEP-exempt in some subjects but • taking regular TAKS tests in other subjects. In such cases, the student’s testing schedule may need to be adjusted to enable the student to take all necessary tests. Tests scheduled the week of April 26 must be completed between April 26 and April 30, and May testing for affected students must be completed between May 17 and May 21.

Test Administrator Training

LAT test administrators are required to receive general test administration training as well as • specialized training in LAT procedures. The LAT test administrator manual provides example test questions and student scenarios to use in training LAT test administrators. Training slides will be available on the TEA Student Assessment Division website prior to the spring 2010 administrations.

Accommodations

LAT administrations often require more than one type of linguistic accommodation.•

In addition to linguistic accommodations, a student taking a LAT administration who is receiving • special education services may be eligible for accommodations related to his or her disability, as indicated in the 2009–2010 Accommodations Manual.

Test Booklets

LAT test booklets for TAKS, including TAKS (Accommodated), indicate “LAT” on the cover and are • not interchangeable with TAKS tests. For students taking a LAT administration of TAKS (Accommodated), use the test booklet that is marked “LAT.” The format accommodations provided for TAKS (Accommodated) are also used on the LAT administrations of TAKS.

For LAT administrations of TAKS, including TAKS (Accommodated), in grades 3–5, students may • use an English-version test booklet or Spanish-version test booklet. For mathematics and science, the English and Spanish LAT tests are transadaptations and may be used together in the side-by-side linguistic accommodation. The grades 3–5 reading tests are not transadaptations and must NOT be used together. Note: Because Spanish-version TAKS tests are no longer available at grade 6, they are not available for LAT administrations at this grade.


Test Administration

Students taking LAT administrations must not be tested in a room with students taking regular TAKS • tests.

Students taking LAT administrations should be provided individual or small-group administrations. • When small-group administrations are used, students should be seated far enough apart that they are not disturbed by interactions between the test administrator and other students.

It may be possible to group students taking LAT administrations from more than one grade in the • same testing room. Testing personnel should review the needs of the students, their accommodations, their grade levels, and the test administration directions in the LAT test administrator manual when planning how to group students.

Students in grades 5 and 8 who participate in LAT administrations are not subject to the ✎Student Success Initiative grade advancement requirements.

Summary of Key Procedural Differences for LAT Administrations of TAKS–M

Two-day administration of reading/ELA:• A two-day LAT administration of TAKS–M for reading/ELA is optional, not required. The ARD committee in conjunction with the LPAC should determine in advance whether to provide a two-day administration. If a two-day LAT TAKS–M administration is provided for reading/ELA, an appropriate stopping point for the fi rst day will need to be determined in accordance with instructions in the LAT appendix of the appropriate TAKS–M test administrator manual.

Test booklets: • With the exception of the TAKS–M ELA test, the regular TAKS–M test booklets are used for LAT administrations. Students taking a LAT administration of the grade 10 TAKS–M ELA test in April use the test booklet marked “LAT.”

Test administrator manuals:• Rather than using the LAT test administrator manual for TAKS, test administrators who provide LAT administrations of TAKS–M will refer to LAT information in the appendix of the appropriate TAKS–M test administrator manual. The appendix includes student scenarios and TAKS–M sample items to show how to provide the linguistic accommodations.

LAT TAKS–M accommodations for mathematics and science:•

Linguistic simplifi cation guides are not provided for LAT administrations of TAKS–M. Test o

administrators may, however, simplify the language on the test at the request of the student in accordance with the specifi ed guidelines for students who receive this accommodation.

Because Spanish versions of TAKS–M are not available, they are not available for LAT o

administrations of TAKS–M, nor is the accommodation of using English and Spanish tests side by side available.


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Exit Level LEP Postponement



The following procedures are based on the Texas Administrative Code, Chapter 101, Subchapter AA. Commissioner’s Rules Concerning the Participation of Limited English Profi cient Students in State Assessments. A recent revision to the commissioner’s rules slightly revised the exit level LEP postponement policy. The revised policy is described below.

The commissioner’s rules can be accessed from Appendix A.


ELLs are not eligible for an exemption from exit level testing on the basis of limited English profi ciency. Like other Texas public school students, they are required to perform satisfactorily on the exit level tests in order to fulfi ll the assessment portion of their graduation requirements.

Although exemptions are not permitted, the LPAC may grant a postponement of the administration of the exit level assessment during a student’s fi rst 12 months of enrollment in U.S. schools. This deferral is called an exit level LEP postponement. The decision to grant a postponement must be made on an administration-by-administration basis, and must allow the student at least one opportunity to take the exit level assessment before the student’s scheduled graduation date.16 LEP postponements are not subject-specifi c.

Monitoring Student Needs

LPACs should promptly identify any newly arrived immigrant students for whom an exit level LEP postponement may be appropriate. It is important for school professionals to be aware of the unique educational needs of such students. It is equally important for the students to be aware of their course and testing requirements for graduation.

Students for whom a LEP postponement is necessary should be provided with instructional interventions that identify and address their individual needs. They may need special assistance not only with English acquisition and current course content, but also with certain academic content taught to U.S. students in earlier grades. The Texas English Language Profi ciency Standards (ELPS) adopted in 2007 require teachers of ELLs to linguistically accommodate (communicate, sequence, and scaffold) their instruction commensurate with their students’ English language profi ciency levels in order for them to make appropriate progress in learning English and academic content.

Content area teachers as well as ESL teachers should provide specialized instruction to the newly arrived immigrants in their classes. In order to help these students succeed in academic courses, teachers should be appropriately trained in methods that accelerate the English acquisition and academic achievement of immigrants who enter the U.S. in high school. More information about this type of professional development is available from regional education service centers and the Texas Education Agency.

16 See Appendix F for additional provisions for qualifying unschooled asylees and refugees who have been in U.S. schools for longer than 12 months.


Documentation

When a student is granted a LEP postponement, the student’s permanent record fi le must contain documentation of the following:

the student’s LEP status, program participation, and date of enrollment in U.S. schools;•

evidence of the student’s inadequate foundation of learning outside the U.S., as determined by scores • on required assessments for identifi cation and placement administered when the student initially enrolled and was classifi ed as LEP;

instructional interventions that are being implemented to accelerate the student’s learning;• 17 and

evidence that the student lacks the progress by the time of the test administration for the test to • provide a meaningful measure of the student’s skills, as determined by informal assessments or the subject-area teachers’ review of the student’s performance in class.

If a student is granted a postponement from more than one test administration, documentation of the student’s instructional interventions and progress by the time of the test administration must be updated accordingly. LEP postponement decisions must be made and documented on an administration-by-administration basis. If desired, the LPAC may use the form on the following page to document this information.

17 An instructional intervention is defi ned as assistance that is designed to accelerate the progress of a struggling learner and that requires carefully targeted, individualized instruction in class and, in many instances, beyond the classroom. The student’s instructional interventions should be documented, monitored, and adjusted as needed to maximize the student’s educational progress. Documentation of instructional interventions for students granted a LEP postponement is required.


Documentation of Decision to Grant an Exit Level LEP Postponement

Campus _________________________ District _________________________ School Year __–__ Student Name: _______________________________________________________ Student ID: ____________________________

Initial Date of Enrollment in U.S. Schools: _____________

Date Identified as LEP: _____________

Dates of Exit Level Assessment from Which Postponement Is Sought: _____________ Evidence of Inadequate Foundation of Learning Outside U.S. Indicate the test(s) used to determine the student’s inadequate foundation of learning outside the U.S. Keep this form and the complete report of the student’s test results in the student’s permanent record file. The assessment(s) must come from the state-approved list of tests for students in bilingual and ESL programs.

Test Name: ______________ Test Score: ______________ Date Administered: _____________

Test Name: ______________ Test Score: ______________ Date Administered: _____________ Prior Education List below any information about the student’s educational background that will help teachers and other school professionals address the student’s specific academic and linguistic needs. Professionals planning the instructional interventions for the student will benefit from information about areas of strength as well as areas of educational need.

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________ Description of Instructional Interventions The following ongoing linguistic accommodations and other instructional interventions are being implemented to target the student’s individual instructional needs.

Signature of LPAC member/designee _____________________________________________ Date ___________________

Review of Instructional Interventions The space below may be used to review the instructional interventions and modify them as needed based on student progress. It is recommended that the LPAC review the instructional interventions at least once per semester prior to the affected exit level test administration.

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

Signature of LPAC member/designee _____________________________________________ Date ___________________ Evidence of Insufficient Progress by Time of Test Administration This student has not yet made enough progress for exit level testing to be an appropriate measure of his or her academic skills. This judgment is based on informal assessments or reviews of the difficulty the student has with the English used in class, in texts, and on tests. Course _____________ Teacher Signature ____________________________ Date _____________

Course _____________ Teacher Signature ____________________________ Date _____________



Course _____________ Teacher Signature ____________________________ Date _____________ Signature of LPAC member/designee _____________________________________________ Date ___________________

Sample Form

Linguistic Interventions Academic Skill Interventions

An unreduced version of this form is included in Appendix B, page 99.

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