State Board of Education Administrative Rule Summary s4

STATE BOARD OF EDUCATION – ADMINISTRATIVE RULE SUMMARY Title/OAR #: OAR 581-022-0617 – Essential Skill Assessments for English Language Learners Date: June 24, 2010 Staff/Office: Doug Kosty, Tony Alpert / Office of Assessment and Information Services

New Rule Amend Existing Rule Repeal Rule Hearing Date: ____July 21, 2010______Hearings Officer Report Attached Prompted by: State law changes Federal law changes Other Action Requested: First Reading/Second Reading Adoption Adoption/Consent Agenda

PROPOSED/AMENDED RULE SUMMARY: Puts into rule the policy adopted by the Board in December 2009 to allow Limited English Proficient (LEP) students who are proficient in math and language arts in their native language to use a language other than English to demonstrate their proficiency in the Essential Skills required for graduation.

BACKGROUND: In December 2009, the Board adopted the following policy to allow Limited English Proficient (LEP) students who are proficient in math and language arts in their native language to use a language other than English to demonstrate their proficiency in the Essential Skills required for graduation:

1. Districts shall adopt a process to allow LEP students to demonstrate proficiency in the Essential Skill of Applying Mathematics in their language of origin using statewide or local assessments as appropriate and available.

2. Districts shall adopt a process to allow LEP students to demonstrate proficiency in Reading, Writing, and any additional Essential Skills in their language of origin using statewide or local assessments as appropriate and available if: a. The student has been in US schools 5 years or less b. The student receives at least a level 3 on the ELPA

For reference, the appendices from December’s docket have been attached. Appendix A reviews the student population addressed by this OAR. Appendix B reviews what other states are doing relating to this topic. In addition, Appendix C provides a description of the Board’s current adopted English language proficiency assessment option and proficiency level as it will appear in the 2010-11 Test Administration Manual.

ISSUES/CONCERNS THAT SURFACED DURING RULE WORK:  Whether to require districts to develop a policy and procedure to make available assessment options in ELL students’ native language. (Yes; see Section 4(a). Alternatively, the OAR could allow districts to develop a policy not to allow students to demonstrate proficiency in the Essential Skills in a language other than English)  Whether to require districts to establish a policy and procedure for ensuring qualified scoring in the student’s native language for work samples or other locally developed assessment options (Yes; see Sections 1(d) and 4(b))

CHANGED SINCE LAST BOARD MEETING? N/A; first read—hasn’t been before board

STAFF RECOMMENDATION: Adopt administrative rule as prepared in August 2010

1 FISCAL IMPACT: While ODE anticipates that this OAR will have a fiscal impact on some districts, the amount of the impact will likely vary by district based on the number of eligible students enrolled in each district and the languages involved. ODE estimates that the population of eligible students will be approximately 250-300 students statewide per year.

2 581-022-0617 – Essential Skill Assessments for English Language Learners (1) Definitions. As used in this rule: (a) “Assessment option” means an assessment approved to assess proficiency in the Essential Skills for the purpose of earning a high school diploma or a modified diploma. (b) “English Language Learner” (ELL) means students eligible for services under Title III of the No Child Left Behind Act of 2001 (NCLB). (c) “Essential Skills” means process skills that cross academic disciplines and are embedded in the content standards. The skills are not content specific and can be applied in a variety of courses, subjects, and settings. (d) “Qualified Rater” means any individual who is: (i) Trained to a high degree of proficiency in scoring the assessment administered to the student; and (ii) Endorsed by the school district or public charter school, consistent with local school board policy, as proficient in the student’s language of origin for the purposes of accurately scoring the student’s work in the student’s language of origin. (2) Consistent with OAR 581-022-0615, school districts and public charter schools must adopt a process to allow ELL students to demonstrate proficiency in the Essential Skill of “Apply mathematics in a variety of settings” in the students’ language of origin for those ELL students who by the end of their 11th grade year: (a) Are on track to meet all other graduation requirements; and (b) Are unable to demonstrate proficiency in the Essential Skills in English. (3) Consistent with OAR 581-022-0615, school districts and public charter schools must adopt a process to allow ELL students to demonstrate proficiency in Essential Skills other than “Apply mathematics in a variety of settings” in the students’ language of origin for those ELL students who by the end of their 11th grade year: (a) Meet the criteria in Section 2(a)-(b) of this rule; (b) Have been enrolled in a U.S. school for five (5) years or less; and (c) Have demonstrated sufficient English language skills using an English language proficiency assessment option that is approved by the State Board of Education. ODE will issue final notice of the State Board of Education’s adoption of English language proficiency assessment options by March 1 of each year as an addendum to the Test Administration Manual. (4) The process adopted by each school district and public charter school under Sections 2 and 3 of this rule must include the following: (a) Development of a policy and procedure to provide assessment options as described in the Test Administration Manual in the ELL students’ language of origin for those ELL students who meet the criteria in Section 2(a)-(b) of this rule. (b) Development of a policy and procedure to ensure that locally scored assessment options administered in an ELL student’s language of origin are scored by a qualified rater.

Stat. Auth.: ORS 329.451, 338.025, 339.115, and 339.505 Stats. Implemented: 329.045, 329.075, 329.485, and 338.115

3 Appendix A: Student Population

Which students are addressed by this policy? This proposal addresses the needs of a very small group of highly skilled, highly motivated students who have not had sufficient time in the US to gain the English skills to demonstrate their academic content knowledge. It is the belief of ODE staff, that in some cases, these students may benefit more from the ability to pursue higher levels of academic content while continuing to develop their English skills outside of high school. The question before the Board is: Is it in the best interest of students to remain in high school solely for the purpose of language acquisition if they meet all other graduation requirements?

How will requirements for ELL students differ from those of non-ELL students? In order to graduate, students proficient in English must:  Complete required credits  Demonstrate required Essential Skills in English In order to graduate, ELL students eligible to demonstrate their Essential Skills in a language other than English must:  Complete required credits  Demonstrate required Essential Skills in native language or English  Achieve at least a level 3 on the ELPA Any student unable to meet these requirements would need to stay in high school longer to gain additional skills or complete additional credits.

Scenarios of Two Oregon English Language Learners

Scenario #1 Luong and his family are sponsored by a microchip maker… A microchip maker is struggling to recruit high quality engineers for its Oregon division. Luong is an 11th grade student sponsored to come to the United States with 20 other Chinese students and their families. Luong goes to high school. Upon admission, his transcript is reviewed and Luong receives equivalence for most of his classes. Luong takes an English placement test and is scheduled to be receiving English support in an ELD early Intermediate class. Luong struggles in math class despite having excelled at math in China. An ELL aide helps him, but his grade suffers due to his inability to explain his mathematical reasoning in English. Despite this barrier, Luong meets the mathematics achievement standard on OAKS. On his SAT he scores a perfect score in Math. Luong is excited and his sponsor offers him a tour of University of Oregon. Unfortunately, because Luong came to the US as a junior, he has to take the OAKS in English and demonstrate his mastery of the required Essential Skills. While Luong could easily demonstrate proficiency in reading and writing in Mandarin Chinese, he cannot do so in English. Luckily Mrs. Chan, a highly qualified teacher in his district was able to evaluate Luong’s mastery of the Essential Skills in his native language. Luong could choose to defer graduation and stay an extra year in high school (until he reaches 21 years of age), or he could choose to graduate and take a year of English as a Second Language at the local community college before entering University.

Scenario #2 Yulia, refugee from the Republic of Georgia…when English becomes a barrier. Yulia is a refugee from Georgia. Yulia was home schooled for most of her life because of the war. Her parents were nuclear physicists in the former USSR and have been very involved and supportive of Yulia’s education. At Raspberry School in Oregon, Yulia settles into the routine of her classes. Most of her classmates are preparing for college visits. In April, Yulia takes the OAKS and easily meets the achievement standard in mathematics. She is exempt from taking the reading assessment through OAKS but must demonstrate her mastery of the Reading Essential Skill. It must be done in English, and Yulia wonders how she will be able to graduate this year. Her counselor suggests that Yulia stay back a year to acquire more English. After talking with her parents she accepts. The following Spring, Yulia prepares to take the OAKS reading assessment in English for the first time. She has been in a US school for over a year and must take the test. She fails… but … if this policy were adopted… she could use an alternate route: work samples in Russian (the language she is fluent in) reviewed and scored by her Russian teacher Mr. Gromiko. This time, Yulia will graduate, she is so excited and her parents so proud. 4 Appendix B: What are Other States Doing?

How are other states addressing the needs of English Language Learners as they relate to graduation requirements?

States with graduation exams in languages other than English:

New York Regents: ELL students must pass an exit exam or alternative test or other measure to receive a high school diploma. The Regents exit exam is available in 5 languages other than English (Chinese, Haitian Creole, Korean, Russian, and Spanish) and ELL students may take the tests in any of these languages regardless of the number of years they have been in a US school.

Ohio: ELL students must pass an exit exam to receive a high school diploma. ELLs enrolled in a U.S. school for fewer than 3 years that are classified at the beginning or intermediate level in reading and writing are also eligible to receive one additional accommodation, including administration of the test in their native language via audio cd or use of an oral translator.

New Jersey: ELL students must pass an exit exam or alternative test or other measure to receive a high school diploma. Students who do not pass the High School Proficiency Assessment (or parts of it) can apply to take an Alternate High School Assessment which is available in 3 languages (Spanish, Portuguese, or Gujaratu).

Oklahoma: ELL students may take state mandated tests in their native language for the first 3 years in US schools. After these 3 years, the tests must be administered in English, except in cases where the local district determines on a case-by-case basis, that a student has not yet acquired sufficient English to demonstrate his or her skills in English, in which case individual waivers are allowed for up to 2 more years of testing in the native language.

New Mexico: The state’s exit exam is available in a Spanish-language version. In addition, local school districts can request translation of the exit exam into any other language. This translation option is available for all sections of the test except for the Reading test which is only available in English and Spanish. ELL students may also receive a waiver for the exit exam (see CEP notes below).

A recent report by the Center on Education Policy also addresses this issue. This report found that:

 Many states allow specific testing accommodations for ELL students and some offer alternate pathways to graduation specifically for ELL students.  ELLs in Idaho may appeal for an alternate measure if they have been in the program for 3 years or less; if they successfully meet the requirements for this alternate pathway, they will be able to graduate with regular high school diplomas.  Minnesota allows districts to exempt ELLs from passing exit exams if they have been in the country for less than 4 years before graduation  Georgia, Indiana, New Mexico, and Ohio offer waivers where students may graduate without passing exit exams if they meet all the other graduation requirements. For the waiver option, the eligibility criteria become particularly important to maintain the rigor of the state testing system, so states often attach specific conditions for using the waiver. In Ohio, for instance, diplomas are given to waived students only when they pass 4 of the 5 exit exams and the score on the fifth exam is no more than 10 scale-score points below the cut scores.

(Reference: 2009 Center on Education Policy Report - State High School Exit Exams: Trends in Test Programs, Alternate Pathways, and Pass Rates)

5 How does Oregon’s approach to English Language Learners compare with other states in instruction and assessment?

Oregon’s programs for ELLs are required to follow the guidelines provided by the Office of Civil Rights and support four practices exhibited by successful schools serving large numbers of ELLs (Hakuta, 2007)  Using assessment data to improve student achievement.  Ensuring the availability of instructional resources.  Adequate classroom materials and facilities upkeep.  Implementing a coherent, standards-based curriculum and Instructional program. ESEA requires all states to include in their state assessment system an English Language Proficiency Assessment.

Other states, like Washington, contracted with a test publishing company to align a commercially available test to its standards. California and Oregon are two states that have developed their own assessments.

6 Appendix C: English Language Learners (excerpt from Essential Skills Appendix of the 2010- 11 Test Administration Manual

On December 3, 2009, the State Board of Education voted to adopt a policy allowing a small number of Limited English Proficient (LEP) students the option of demonstrating the Essential Skills in a language other than English.

Based on a recommendation by the Assessment of Essential Skills Review Panel (AESRP), an advisory group comprised of K12 and higher education representatives, the policy maintains the rigor of the Oregon diploma while allowing students more flexibility in demonstrating their proficiency in the Essential Skills required for graduation.

This policy addresses the needs of a small group of highly skilled, highly motivated students who have not had sufficient time in the US to gain the English language skills necessary to demonstrate their academic content knowledge. These students must be able to meet all other graduation requirements, including credit completion, in order to graduate under this option. ODE estimates that this population would be between 250- 300 students statewide per year.

The policy, as adopted unanimously by the State Board of Education, is as follows:

1. Districts shall adopt a process to allow LEP students to demonstrate proficiency in the Essential Skill of Applying Mathematics in their language of origin using statewide or local assessments as appropriate and available.

2. Districts shall adopt a process to allow LEP students to demonstrate proficiency in Reading, Writing, and any additional Essential Skills in their language of origin using statewide or local assessments as appropriate and available if:

a. The student has been in US schools 5 years or less

b. The student receives at least a level 3 (Intermediate) on the English Language Proficiency Assessment (ELPA)

As noted above, for the Essential Skills other than Apply Mathematics, eligible LEP students will be limited to those who will have been in U.S. schools for 5 years or less (at predicted time of graduation based on initial enrollment year in grade 9) and to those who have demonstrated sufficient English language skills using an English language proficiency assessment option approved by the State Board. This ensures that the policy is limited to those students who have not yet had sufficient time to fully master academic English but who have gained sufficient English skills to pursue their next steps (college, community-college, or workforce training). At this time, the only English language proficiency assessment option approved by the State Board is the ELPA. To be eligible to demonstrate proficiency in an Essential Skill other than Apply Mathematics, an eligible LEP student must receive at least a 3 on the ELPA by graduation. To provide districts with greater flexibility, ODE will work with stakeholders to investigate additional options for students to demonstrate their English proficiency.

The following table summarizes the approved English language proficiency assessment options and corresponding proficiency levels approved by the State Board as of June 2010. Districts may use an English language proficiency assessment option from this table to determine whether an LEP student is eligible to demonstrate their proficiency in an Essential Skill other than Apply Mathematics in the student’s language of origin.

7 ENGLISH LANGUAGE PROFICIENCY ASSESSMENT OPTIONS* PROFICIENCY LEVEL

(ONLY ONE ASSESSMENT IS REQUIRED)

English Language Proficiency Assessment (ELPA) 3

* ODE will work with stakeholders to investigate additional options for students to demonstrate their English proficiency.

The rigor of native language assessments offered to eligible LEP students to demonstrate their proficiency in the Essential Skills under this policy must be equal to the rigor of assessment options available in the English language. Districts may use side-by-side translations of OAKS provided by ODE under OAR 581-022-0620: Test Development for those Essential Skills for which the State Board has adopted OAKS as an assessment option. Districts may also develop work sample prompts in the LEP student’s language of origin.

Note: ODE is currently developing an Oregon Administrative Rule to address the assessment of Essential Skills for LEP students. ODE plans to update this Appendix by September 2010 following adoption of the proposed rule by the State Board of Education.