Guidelines for Ensuring the Technical Quality of Assessments Affecting English Language Learners and Students with Disabilities:
Development and Implementation of Regulations
Public Law Title I and Title III
In order to effectively meet requirements for both Title I and Title III for ELLs, states must understand the requirements for valid assessments that are appropriate for both the needs of the states as well as the needs of their special student populations. To assist in this regard, Table 2 presents selected information from the Title I Public Law and Title III Public Law as they relate to the assessment of ELLs.
Table 2. Title I and Title III Requirements for Assessing ELLs
Notes: States can use the same assessment for testing English language proficiency under Title I and Title III. Both Title I and Title III require states to provide reasonable accommodations on state academic content assessments for LEP4 students (e.g., native language assessments, extra time, linguistic simplifications, etc.).
- Title I mandates the inclusion of LEP subgroup in AYP calculations (school and district).
- LEP students who have been in the U.S. for three consecutive years are assessed in reading/language arts in English (except for those residing in Puerto Rico).
- For first three years, ELLs may take assessment in student’s native language, but the assessment must be aligned with the state content and achievement standards. On a case-by-case basis, districts may continue to administer the assessment in the student's native language for an additional two years.
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- Students who receive Title III services must take assessment of English language proficiency; usually the local educational agency (LEA) decides, but the state may have policies that establish parameters for LEA decisions. Therefore, who is tested under Title III could vary by LEA and state.
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- Newly arrived LEP students are not counted in accountability for either reading/language arts or
mathematics for one year, even if they meet the state’s definition of full academic year.
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- ELLs not receiving Title III services.
Note: Some policies require all ELLs to be tested, but who is counted for
Title III accountability is dependent on who receives Title III services.
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- Assessment of English language proficiency in four domain areas: reading, writing, speaking, and listening.
- All LEP students must take the mathematics assessment with appropriate accommodations.
- Starting in school year 2007–2008, LEP students will be required to take state science assessment.
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- Assessment of English language proficiency in four domain areas: reading, writing, speaking, and listening.
- Must report a separate score for the domain of comprehension (can be demonstrated through reading and listening).
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- Each LEA is required to evaluate their program on an annual basis.
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- Each LEA is required to evaluate their program on an annual basis. In addition, Title III requires LEAs to report on the progress made by LEP students in meeting state academic content and achievement standards for each of the two years after they no longer receive Title III services.
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- To the extent practicable, assessments written in the native languages should be provided to LEP students
until students have achieved English language proficiency.
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Title III requires states to:
- Conduct an annual, standards-based assessment of English language
proficiency
- Define annual measurable achievement objectives (AMAOs) for increasing percentage of ELLs progressing toward and attaining English proficiency, and for meeting academic achievement standards:
- AMAO 1 – annual increases in the number or percentage of children making progress in learning English
- AMAO 2 – annual increases in the number or percentage of children attaining English language proficiency by the end of each school year
- AMAO 3 – adequate yearly progress for the ELL subgroup in meeting grade-level academic achievement standards in English language arts and mathematics
- Hold LEAs accountable for meeting the AMAOs
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4 The language of NCLB refers to the targeted student population as “limited English proficient.” Limited English proficient (LEP) students are a) 3 to 21 years of age, b) enrolled or preparing to enroll in elementary or secondary school, c) either not born in the United States or have a native language other than English, and
d) owing to difficulty in speaking, reading, writing, or understanding English, not able to meet the State’s proficient level of achievement to successfully achieve in English-only classrooms or not able to participate fully in society (Title IX, Section 9101). We recognize that many researchers and practitioners prefer the term English language learner (ELL). Consistent with this more general, common usage, the remainder of this document will use the term English language learner.
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