Issue Paper 5a: Inclusion of English Language Learners in Academic Assessments (Updated for Session 2)
Based on the first negotiated rulemaking session in March 2016, this issue paper on the inclusion of English language learner (ELL) students in state assessments has been updated. In this draft regulatory language, there are provisions to ensure that the use of appropriate accommodations does not deny ELLs the opportunity to participate in testing or provide a benefit that is not equal to the benefit afforded to students who do not use accommodations. States must also identify any assessments that are provided in languages other than English and specify the grades and content areas in which these assessments are available. In identifying what languages other than English are present to a significant extent in the state’s student population, the state must ensure that the the most populous language is included and include languages spoken by at least 30 percent of English learners in the state. Considerations should also include languages other than English that are spoken by distinct populations of English learners and languages spoken by a significant portion of the participating student population.