1. Texas Comprehensive Center @ SEDL Austin, Texas March 16–17, 2009 Making Consistent Decisions About Accommodations for English Language Learners – ResearchSummit – – Research Summit –

2. Linguistic Accommodations for Instruction Eliza Simental Director of Bilingual/ESL Education San Elizario ISD

3. Who is LAT for? Recent Immigrants

4. Recent Immigrant Chapter 74 does not provide a specific definition of “immigrant.” The dictionary defines an “immigrant” as a person who comes to a country to take up permanent residence. An immigrant student is a student who was not born in the United States.

5. LAT Used to fulfill federal NCLB requirements for testing recent immigrants ELLs who are LEP-exempt under Texas law in grades and subjects used in AYP calculations Grades 3-8 & 10 -Mathematics -Reading and ELA Grades 5-8 & 10 -Science

6. Eligibility Differences LAT Math & Science -Given to all LEP- exempt students whether it is their 1 st, 2 nd, or 3 rd school year in the U.S. LAT Reading & ELA -Given to 2 nd and 3 rd year LEP-exempt immigrants -NOT given to 1 st year LEP-exempt immigrants

7. State of Accommodations According to the NCLR Issue Brief on Improving Assessment and Accountability for English Language Learners in the No Child Left Behind Act, “…providing extra time, the most frequently reported accommodation by states, has been shown to improve test performance for both ELLs and non-ELLs, without narrowing the gap, indicating that it may not be an appropriate accommodation.”

8. Portrait of a Population: How English Language Learners are putting Schools to the Test state tests Progress…English-language learners lag far behind their fluent English-speaking peers in both math and reading proficiency “Whether measured by state tests required under the federal No Child Left Behind Act or by the National Assessment of Educational Progress…English-language learners lag far behind their fluent English-speaking peers in both math and reading proficiency.”

9. 81 st Legislature Senate Bill 548 The Texas State Legislature convened early this month and on January 26, 2009 Senator Zaffirini filed Senate Bill 548, relating to public school accountability for bilingual education and English as a second language and other special programs. This bill would require TEA to disaggregate all data regarding ELL students to campus levels; report high school dropout rate separately from the middle school dropout rate, and discrepancies in achievement among ELL and non-ELL students.

10. 81 st Legislature HB 1051 (companion for SB 548) SB 452 HB 3 HB 181 HB 182 HB 511 HB 1263

11. Accountability Systems State Accountability Federal Accountability Performance-Based Monitoring

12. Performance Based Monitoring District Effective Compliance (DEC) Performance Based Monitoring Assessment System (PBMAS) New indicators- #11 & 12

13. Curriculum Essential Elements(EE) English as a Second Language Texas Essential Knowledge and Skills (TEKS) Secondary Courses English Language Proficiency Standards (ELPS)

14. Bilingual Program Models Past Transitional/Early Exit Maintenance/Late Exit Two-Way DualPresent 2008-2009 and beyond Transitional/Early Exit Maintenance/Late Exit Dual Language Immersion/Two Way Dual Language Immersion/One Way

15. ESL Program Models Past ESL Middle School Program ESL High School Program Present 2008-2009 and beyond English as a second language/content- based English as a second language/pull-out

16. Newcomer Programs Centers Classes

17. Assessment Past Past TAAS RPTE Present Present TAKS TELPAS

18. Practices Content Bilingual Dictionaries Linguistic Simplification Oral Translation Side by Side (Math/Science) Reading Assistance

19. Questions to Consider Are practices consistent? When are accommodations implemented? How are teachers prepared to implement the current allowable accommodations?

20. Senate Bill I Exiting Monitoring

21. Exiting Criteria Sec. 29.0561. EVALUATION OF TRANSFERRED STUDENTS; REENROLLMENT. (a) The language proficiency assessment committee shall reevaluate a student who is transferred out of a bilingual education or special language program under Section 29.056(g) if the student earns a failing grade in a subject in the foundation curriculum under Section 28.002(a)(1) during any grading period in the first two school years after the student is transferred to determine whether the student should be reenrolled in a bilingual education or special language program. in first and second grade Districts no longer have the option of exiting students in grades 3-12 based on results of any commercially available, TEA-approved standardized tests. This option is limited to students in first and second grade. If the LPAC exits a student at the end of 1 st or 2 nd grade based on this criteria, they must demonstrate that the student is able to speak and write on grade level.

22. Monitoring if the student earns a failing grade in a subject Sec. 29.0561. EVALUATION OF TRANSFERRED STUDENTS; REENROLLMENT. (a) The language proficiency assessment committee shall reevaluate a student who is transferred out of a bilingual education or special language program under Section 29.056(g) if the student earns a failing grade in a subject in the foundation curriculum under Section 28.002(a)(1) during any grading period in the first two school years after the student is transferred to determine whether the student should be reenrolled in a bilingual education or special language program.

23. Bilingual/ESL Rules TAC §89.1220(g) Language Proficiency Assessment Committee (LPAC) Designates language proficiency, level of academic achievement and initial instructional placement Facilitates participation in other special programs TEC §29.063(c)(d)

24. Bilingual/ESL Rules TAC §89.1230 Districts shall implement procedures which differentiate between language proficiency and handicapping conditions Ensure that placement in bilingual/ESL programs is not refused solely because the student has a disability TEC §29.056(f)

25. ARD and LPAC Committee Collaboration ARD committee needs the LPAC to help identify potential language barriers in the evaluation process LPAC needs the ARD committee to help identify disabilities that may be barriers in the language assessment process

26. ARD and LPAC Committee Collaboration- Entry TAC §89.1225(f)(4) The admission review and dismissal (ARD) committee in conjunction with the language proficiency assessment committee shall determine an appropriate assessment instrument and designated level of performance for indicating limited English proficiency…for students for whom those tests would be inappropriate as part of the individualized education program (IEP). The decision for entry into a bilingual education or English as a second language program shall be determined by the ARD committee in conjunction with the language proficiency assessment committee…

27. ARD and LPAC Committee Collaboration- Exit TAC §89.1225(k) The ARD committee in conjunction with the language proficiency assessment committee shall determine an appropriate assessment instrument and performance standard requirement for exit…for students for whom those tests would be inappropriate as part of the IEP. The decision to exit a student who receives both special education and special language services from the bilingual education or English as a second language program is determined by the ARD committee in conjunction with the language proficiency assessment committee…

28. Documentation