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					                    Idaho
            LEP PROGRAM MANUAL
                            Updated: October 6, 2011




Title III/LEP Contact:                     IELA Contact:
Dr. Fernanda M. Brendefur                  Wendy St. Michell
Idaho State Department of Education        Idaho State Department of Education
208-332-6905                               208-332-6842
fmbrendefur@sde.idaho.gov                  wstmichell@sde.idaho.gov
                   Table of Contents – LEP Program Guidance


I.     Introduction …………………………………………………………………….…Page 4

II.    State LEP Program Goals ………………………………………………………...Page 5

                1. LEP Program Administrative Procedures
                    A. LEP Plans
                    B. LEP State Allocations
                    C. Title III Federal Allocations
                    D. Program Monitoring and Technical Assistance
                    E. Data Collection
                    F. Data Elements

III.   Identification of LEP Students .............................................................................Page 10

                1. Primary Home Language Other Than English (PHLOTE)
                2. ELL Placement Test for Language Development Services
                3. Parental Option to Waive Services
                4. Assurances Letter/ No LEP Student Certification Letter

IV.    Assessment of English Language Learners……………………………………..Page 18

                1. Language Proficiency Test (IELA)
                    A. English Language Development Level Descriptors
                    B. Transition/Exit out of LEP Program

                2. Annual Measurable Achievement Objectives
                    A. Part I: NCLB Requirements
                    B. Part II: State Defined AMAO Targets and Definitions
                    C. Part III: LEA sanctions and procedures

                3. Idaho Statewide Assessments
                    A. Accommodations
                    B. Educational Learning Plan (ELP)
                    C. Statewide Assessments: Idaho Standards Achievement Test (ISAT),
                       Idaho Reading Indicator (IRI), Direct Writing Assessment (DWA) and
                       Direct Mathematics Assessment (DMA)

V.     Instructional Approaches and Curriculum for LEP Students………………...Page 55

VI.    Staffing and Professional Development…………………………………………Page 58



                                                                                                                        2
VII.   Equal Access to Other School District Programs…………………………..…..Page 59
             1. Private School Participation in Title III Programs Authorities
             2. Frequently Asked Questions Regarding Equal Access


VIII. Parent Notification and Involvement……………………………………...……Page 63
            1. Notification of Placement and Parental Rights
            2. Notification of Failure to Meet Annual Measurable Achievement
               Objectives (AMAOs)
            3. Notification of Parental Rights and Participation

IX.    Exiting and Monitoring…………………………………………………...……...Page 65
              1. Exiting students from the LEP Program
              2. Reclassifying previously served LEP students back into the LEP program

X.     Program Evaluation, Review and Improvement…………………………...…..Page 69
             1. Why evaluate the LEP Program?
             2. Resources for LEP Program Evaluation
             3. Using Data to drive decision making for LEP Programs
             4. Using a School Improvement Planning Checklist for LEP Programs


XI.    Supplement vs. Supplant Guidance…………………………………………..…Page 72




                                                                                      3
                                                 I.
                                            Introduction



This manual will be periodically updated so please make sure you have downloaded the most
recent version. Any updated information will be in blue. This manual was most recently
updated on:
                                         October 6, 2011
It is the intention of this manual to provide specific information regarding each area of
importance within the Limited English Proficiency (LEP) Program. This manual is not meant to
be exhaustive, rather practical and hands-on. Most information is presented as a form that can be
printed off or saved and customized and then used within each district.

The LEP Program is run out of the State Department of Education (SDE). The Program is
managed in tandem with the Title I, II, IV, and V federal programs.     The Idaho English
Language Assessment (IELA) program is also run out of the State Department of Education and
resides in the Division of Assessment.

An overview of the current demographics of Idaho’s English language learners as of 2009:
    Over 110 recorded languages other than English are spoken in Idaho
    Almost 84% of the LEP student population’s first language is Spanish
    Almost 19% of the LEP students are considered as Migrant students1.

Some basic acronyms that you will need to know in working with LEP students are:
    ELL – English Language Learner. This would be a general designation for an English
      language learner of any status and any level of proficiency. An English language learner
      is not necessarily in an LEP program.
    LEP – Limited English Proficient. An English language learner who has been tested and
      placed in a specific language development program. They then must be designated as a
      Limited English Proficient student.
    LEP1 – Limited English Proficient – First Year. A student who qualifies as LEP AND is
      new to a U.S. School within the last 12 months.
    LEPX – Limited English Proficient – Exited. Exited from the LEP program and on 2-
      year monitoring status.
          o LEPX1 – first year of exited and monitored status
          o LEPX2 – second year of exited and monitored status
    Title III – The section in NCLB that applies funding and compliance for English
      language learners.
    FEP or FLEP- Fluent English Proficient. Fluent English proficient is the designation a
      student would receive after they are exited out of an LEP program and they are no longer
      on monitoring status.
    ELL-W- An English Language Learner whose parents have waived Title III funded
      services. These students still must be provided with an English language development

1
 A migrant student is in a specific program where the qualified student is one “who has moved with his family
within the last 36 months in search of agricultural work.”

                                                                                                           4
       program and still must be assessed on the IELA, and should be considered as LEP for
       funding purposes.


                                         II.
                              State LEP Program Goals


1. LEP Program Administrative Procedures


   A. LEP Plans: All districts are required to file an LEP Plan with the Idaho State
      Department of Education (NCLB Title III, Section 3116).

      Plans are written and uploaded by district # and located in the Idaho State Department of
       Education’s Continuous Improvement Plan (CIP) tool. Original Plans (03-04) were
       reviewed by the LEP Program Manager at the State Department of Education (SDE).
       Plans are reviewed and approved annually. Please contact the Title III-LEP Coordinator
       if you have any questions regarding the uploading of LEP plan into the CIP tool.
      Plan Updates/Revised Plans are due annually by June 30th.
      The State Title III-LEP Coordinator reviews and approves the LEP Plans.
      Plans are approved, provisionally approved, or rejected. Notices regarding the status of
       the Plan are sent to the districts. In order to receive funding, a district must have an
       approved Plan on file.
      The LEP Plan Guidance Document can be found at the following
       link:http://www.sde.idaho.gov/site/lep/guidance_docs.htm
      Assurances and Certifications: Every district is required to annually sign an Assurances
       and Certifications Form if there are LEP students in the district. All districts with no
       LEP students must sign a NO LEP Student Certification Form. These forms are filed in
       the district files. Please refer to section II.4 of this manual. Also, assurance forms are
       posted on the LEP website:
       http://www.sde.idaho.gov/site/lep/state_federal.htm

   B. LEP State Allocations

      The State Allocation for the LEP program is determined annually by the Legislature. The
       budget is finalized by the end of the Legislative session. The Legislature appropriates the
       funds in the State Department of Education’s budget.
      The SDE administers and distributes State LEP program funding.
      The LEP student count by district is due annually in April to the State Title III-LEP
       Coordinator. Districts will submit the number of LEP students and the number of LEP1
       (also referred to as Emergency Immigrant) students they have served during that school
       year.
      District allocations are determined by the number of LEP students in a district. Each
       district is given a per student amount. No other calculations are used. The State Title III-
       LEP Coordinator collects the number of students, does the calculation and then provides
       the data to the SDE for disbursement. LEPX (monitored) students are not included in the
       calculations for funding.

                                                                                                 5
   All districts receiving state LEP funds are required to have an approved LEP plan on file.
   All districts that have LEP students receive some funding and must use it for English
    language development services, inclusive of salaries for teachers.
   No State allocation is applicable for program administration at the State level. All funds
    are distributed directly to the districts.
   Districts are notified of their allocation amounts by May (via email notification) and
    budgets are due annually by June 30th. Federal Title III estimates are provided at the
    same time.
   Funds are distributed by the State Department of Education by February at the latest. The
    Districts do not need to request the State funds specifically.
   Use of funds is overseen by the State Title III-LEP Coordinator to ensure coordination
    with Title III.

C. Title III Federal Allocations

   Federal Title III funds are distributed to the State Education Agency (which is the State
    Board of Education in Idaho) directly in a non-competitive format. SEAs are allocated
    funds according to a formula described in the NCLB statute 3111. The SEA then sends
    the funding to the SDE to allocate to the districts.

   Districts are notified via email of their estimated Title III allocations in May of each year.
    Budgets are due June 30th of each year. Districts that do not have an approved LEP plan
    on file, or do not have enough students to meet the minimum of a $10,000 allocation, are
    not eligible for general Title III funds.

   Districts may claim their funds through submitting a quarterly Cash Balance Report
    through the cash balance online process at the Idaho State Department of Education.
    Funds are paid on a monthly basis to assure that expenses and receipt of federal funds are
    close in time, so that no federal funds accumulate with the Districts. Districts must
    indicate on the Cash Balance Report that they want to draw down Title III funds.

Reallocation of Federal funds:
 Federal funds may be allocated up to 27 months after the grant year (i.e., FY07 funds
   may be used through October 2009).
 Nine (9) months before the funds expire (in January of each year) the State Title III-LEP
   Coordinator will contact all districts that have been slow to expense their funds to
   determine if funds should be reallocated to other districts.
 Time is allowed for local review and revisions of plans before the decision is made to
   reallocate funds.
 The State Title III-LEP Program will account for the funds to be reallocated.
 Funds will be reallocated on a per student basis to all districts eligible for federal Title III
   funds.

    a. Title III LEP Funds
          i.     Title III allocations are committed annually by July 1st by the U.S. Dept. of
                 Education.
         ii.     Districts are allocated Title III LEP funds according to the number of LEP
                 students within the district.
        iii.     Districts that do not qualify for $10,000 or more of funding are not eligible
                 to receive funds. These districts may apply for Consortia funds.
                                                                                             6
b.       Title III Consortia Funds
     i.        The State LEP Program will solicit applications for the Consortia funds
               from those districts that did not receive a Title III allocation. Applications
               will be due annually by the end of September. Two or more districts must
               apply together for these funds. The State LEP Program will reserve Title III
               funds to award approximately 3-4 grants per year, in the amount of at least
               $10,000 each. Priority will be given to the Consortia applications that
               demonstrate the most need.
      ii.      The Consortium districts are required to join with a neighboring district to
               ensure cross collaboration. One district must sign as the fiscal agent. Funds
               are allocated to the Fiscal agent, which then allocates directly to the other
               district(s).
     iii.      Consortium districts are encouraged to share the allocation equally;
               however, there may be cases where this is not applicable.
     iv.       Information regarding Consortia grants will be posted on the Title III-LEP
               Webpage and sent only to eligible districts by mid August each year.

c. Title III Immigrant Funds
     i.    Title III Immigrant funds are Title III funds with a completely different
           formula requirement for district eligibility. Districts will now have to qualify
           and apply for funding. See section v below.
     ii. Immigrants are defined as new to the U.S. and to a U.S. school within the past
           36 months. The new student does NOT necessarily need to qualify for
           language development (LEP) services; however, most new immigrants will. A
           district could receive an immigrant student from India who is already fluent in
           English, but can still be counted for Immigrant funds.
     iii. Districts will be asked each year to submit their emergency immigrant count,
           which is defined as: a student new to a U.S. school in the past 12 months.
     iv. Immigrant funds are allocated on an annual basis.
     v.    District eligibility for Title III Immigrant funds is calculated according to the
           following formula: a significant increase of emergency immigrants reported,
           over the average increase of emergency immigrants in the district in the past
           2 years.
     vi. The State LEP Program is currently reserving up to 5% of the Title III funds
           for Immigrant Fund purposes. Only districts that qualify for Immigrant funds
           will be eligible to submit an application for funding.
     vii. The State Department of Education has revised the criteria for the Immigrant
           funds. These funds will be allocated through a competitive grant process.
           Only those districts that meet the following criteria, will be eligible to receive
           funding:
            i. Districts must submit their annual Emergency Immigrant Count.
           ii. Districts must qualify for Immigrant funding through the formula in v
               above.
          iii. Districts must submit an application to use the Immigrant funds to
               specifically serve the immigrant populations.
          iv. Districts that receive funding must be prepared to submit annual data
               pertaining to these funds.
           v. Districts that receive funding must be prepared to participate in webinars
               on appropriate and allowable uses of these funds and most effective ways
               to serve this population.
                                                                                            7
              vi. Districts that have refugee populations will be given priority.
                     1. The Refugee Act defines a refugee as “any person who is outside
                          any country of such person's nationality or, in the case of a person
                          having no nationality, is outside any country in which such person
                          last habitually resided, and who is unable or unwilling to return to,
                          and is unable or unwilling to avail himself or herself of the
                          protection of, that country because of persecution or a well-
                          founded fear of persecution on account of race, religion,
                          nationality membership in a particular social group, or political
                          opinion.”

D. Program Monitoring and Technical Assistance

The State Title III-LEP Program will monitor the districts on a three-year cycle and provide
technical assistance with LEP programs in the following manner:
               Through the LEP Plans and Budgets
               Phone, email and fax
               The LEP Website http://www.sde.idaho.gov/site/lep/
               District Visits – State Department of Education Federal Programs Monitoring,
                Technical Assistance, and Integrated Focus Visits

The factors that influence when districts and schools will be visited are listed below (not in a
particular order):
            1. Coordination with Title I, Title I-C, Title II, and Title V program reviews.
            2. Coordination with Integrated Focus Visits.
            3. Requests for program evaluation.
            4. Program improvement status as a result of failure to reach Annual Measurable
               Achievement Objectives (AMAOs) and/or AYP.
            5. Sudden and/or significant increase in number of Limited English Proficient
               students.
            6. Formal compliance complaint filed with the Idaho State Department of
               Education, Idaho State Board of Education and/or US Department of
               Education - Office for Civil Rights

More information regarding Program monitoring visits and the protocol used can be found at
the following website: http://www.sde.idaho.gov/site/nclb/program_monitoring.htm

E. Data Collection
         The State LEP Program will annually, each spring, collect data from every
           district serving LEP students. (See data elements below.)
         The test data will be collected through the testing vendor (currently Questar
           Assessments.) and proficiency reports will be run annually, that will inform
           Annual Measurable Achievement Objectives (AMAOs).
         Data is used for, but not limited to, the following:
             1. An annual legislative report due to the Department of Education by
                 December 1st to report on State funds.
             2.     A biennial report due every other year to the U.S. Department of
                    Education by December 1st.
             3.     Information provided for the annual Consolidated Plan Performance
                    Report.

                                                                                              8
               4.   Ongoing reports requested by the SDE, the Governor’s office and the
                    general public.

F. Data Elements
      All of the data elements listed below are required to be collected and reported by
      each district annually. New data elements may be added periodically.
       Field Name               Description
       Student ID               Student Local District Number
       Unique Student ID        Statewide Unique Student ID Number
       LEP Number               Unique LEP number assigned after taking IELA
       Last Name                Student Last Name
       First Name               Student First Name
       Middle Name              Student Full Middle Name
       DOB                      Date of Birth
       Gender Student           Gender (M or F)
       Grade Student            Grade
       Ethnicity                Student Ethnicity
       Native Language          Native Language
       FRL                      Free and Reduced Lunch
       TIA                      Title I
       MIG                      Migrant Student/Title I
       GAT                      Gifted and Talented
       NOD                      Neglected and Delinquent
       HML                      Homeless
       SPE                      Special Education
       LEP Date                 Date Placed in LEP Program
       LEPX                     2 year monitoring status
       LEPX1                    First year of monitoring status
       LEPX2                    Second year of monitoring status
       LEP1                     First year in the US (new to a US school within the last 12
                                months)
       ELL-W                    A student whose parents have waived Title III funded services.
                                These students must still be coded and tested on the IELA
       Immigrant Status         An immigrant student is a student who is new to a U.S. school
                                within the past 3 years. It is required that each school document
                                the date the student entered the U.S. for the first time. That way
                                each district can report which students are 1st, 2nd, and 3rd year
                                immigrants. Immigrant students do not necessarily have to be
                                limited English proficient, but most are.
       Teacher Information      All districts are now required to submit data each year on
                                professional development and certifications of the teachers that
                                serve LEP students.
       Missed 20+Days           Districts are required to report if the student missed 20 or more
                                days of instruction prior to taking the IELA.
       Accommodations           Districts are required to document if accommodations are used
                                and specifically what accommodations are used during the ISAT
                                and IELA assessments.




                                                                                                9
                                              III.
                                Identification of LEP Students


    1. Primary Home Language Other Than English (PHLOTE)


                                    Home Language Survey (HLS)

     All districts/schools are required to have registration cards for every new student that includes
     at least the question: What is the primary language spoken in the home?

    If a response is any language other than English, a survey must go home to the parents.

    A sample survey is below. The survey must be comprehensive and include at least the
     following questions.

    If the survey comes back indicating that a student may be Limited English Proficient (LEP),
     they must be tested with the ELL Placement Test (described in the next section) within 30 days
     of registration or within 2 weeks (15 days) of entry into the school (if during the year). This is
     an Office of Civil Rights (OCR) regulation and is not negotiable.

    If the student tests less than proficient on the ELL Placement test, then a letter must go home to
     the parents indicating that their child was identified as needing specific English language
     development services. The parent must be given the opportunity to waive any Title III funded
     language development services, if desired.

    If the parent does not waive any Title III funded language development services for their child,
     then the student must be placed in a program of “high quality language instruction, based on
     scientifically based research” (Section 3115(c)(1)), as determined by the individual district.

    Children who qualify as LEP and who are placed in a program can be counted for state and
     federal funding purposes.

    Once a student tests proficient on the English language proficiency test, they will be exited
     from the LEP program and monitored for 2 years. Students on monitoring status will be coded
     LEPX (now in effect: either LEPX1 or LEPX2) on the ISAT but are not counted for state and
     federal funding purposes.

    Those students whose parents waive Title III funded language development services are still
     considered as “LEP” for state and federal funding purposes and ISAT coding. They muststill
     be served according to their needs and annually tested, according to the Office of Civil Rights.




                                                                                                    10
   Identification of Native American Students in the LEP program


    Native American students can be considered for Limited English Proficient (LEP) program
    services, but should not be identified solely on the basis they are Native American. All students
    must fill out a Home Language Survey (HLS) to indicate what language is spoken in the home.
    If it is unclear from the HLS, a further survey, parent questionnaire, or parent conference must be
    initiated, so that the school or district has a clear indication on whether there is another language
    other than English that is influencing the child’s English language proficiency2. If there is no
    other language present that is influencing the child’s English, then they would not be given the
    ELL Placement test, or the Idaho English Language Assessment (IELA). If it is clear that a
    native language, or dialect, is in fact influencing the English of the child, then the ELL
    Placement Test would be given to see if the student would need LEP program services.

    It is very possible that some Native American students may need services or help, but are not
    eligible for the Title III program or State LEP funds. Several other funding sources may be
    applicable including:
           o Title I
           o Title VII – Indian Education
           o Local Tribal councils to provide/assist with vocabulary and literacy issues
           o Community resources




    2
        The definition of Limited English Proficient from Title IX (20 U.S.C. 7801 et seq.) indicates that there must be
    another language present in the immediate or extended family that influences the child’s English language ability.
     (25) LIMITED ENGLISH PROFICIENT- The term limited English proficient', when used with respect to an
    individual, means an individual —
    (A) who is aged 3 through 21;
    (B) who is enrolled or preparing to enroll in an elementary school or secondary school;
    (C)(i) who was not born in the United States or whose native language is a language other than English;
    (ii)(I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and
    (II) who comes from an environment where a language other than English has had a significant impact on the
    individual's level of English language proficiency; or
    (iii) who is migratory, whose native language is a language other than English, and who comes from an environment
    where a language other than English is dominant; and
    (D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny
    the individual —
    (i) the ability to meet the State's proficient level of achievement on State assessments described in section
    1111(b)(3);
    (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or
    (iii) the opportunity to participate fully in society.

                                                                                                                      11
                            Home Language Survey



Name of Student    Last          First         Second            Gender: M/F

Date of Entry into School                            Birthdate

School                                               Grade


Our school needs to know the language spoken and heard at the home of every
child. This information is necessary to provide the best instruction for all
students in the school. Please answer the following questions and return with
your child to his/her teacher. Thank you for your help.


   1. What language is spoken in the home?

   2. What was the first language learned by the child?

   3. What language do you most often use to speak to your child?

   4. What language does the child use most often in the home?

   5. What language does the child use most often with friends outside the
      home?

   6. In what country was your child born?

   7. When did your child first enter school in the USA? In what state?

   8. Is the student attending the school as a foreign exchange student?

   9. Has the student ever been in a bilingual education or an English as a
      Second Language program in a school in the U.S.?

   10. Did the student exit the program? Exit Date: __________________


   _____________________________                   ____________________
   Parent/Guardian Signature                       Date




                                                                              12
                     Preguntas del Lenguaje Hablado en Casa


Nombre del estudiate       Apellido            Primer Nombre        Segundo

Fecha de entrada a la                                       Género: F/M
escuela

Fecha de Nacimiento

Escuela                                                Grado



Nuestra escuela necesita saber el idioma hablado y oído en casa de cada niño/a.
Esta información es necesaria para proveer la mejor instruccion posible para
todos los alumnos. Favor de contestar las siguientes preguntas y regrese esta
forma con su hijo/a al profesor(a). Gracias por su ayuda.


   1. ¿Qué idioma usa en la casa?

   2. ¿Cual es el primer idioma de su hijo/a?

   3. ¿Qué idioma usa usted con mas frecuencia para hablar con su hijo/a?

   4. ¿Qué idioma usa más su hijo/a en la casa?

   5. ¿Qué idioma usa más su hijo/a afuera de la casa con sus amigos?

   6.     ¿En que pais nació su hijo/a?

   7. ¿Cuando entró su hijo/a en una escuela en los EEUU? En que estado?

   8. ¿Está atendiendo, su hijo/a, la escuela como un estudiante de
      intercambio?

   9. ¿Ha estado, su hijo/a, en un programa bilingue o un programa de Inglés
      Como Segundo Idioma en los Estados Unidos?

   10. ¿Ha terminado, su hijo/a, con este programa? Fecha de salida:


___________________________               _______________________
Firma del Padre o Guardian                   Fecha




                                                                              13
2. Placement Test for Language Development Services (ELL Placement Test)

Once a student has been identified through a Home Language Survey (HLS) as
having a home language other than English, districts/schools are required to test the
student with the Idaho English Language Learner (ELL) Placement Test for potential
placement into an LEP program. The HLS and the assessment must take place within
30 days of registration or 15 days upon enrollment, if during the school year.

Districts/schools are not required to inform parents of the placement testing; however,
they must inform the parents by letter immediately when the student qualifies for
services. If the student does not qualify for services then the school/district is not
required to inform the parents.

Idaho has developed the ELL Placement Test for placement testing purposes. The
ELL Placement test is available online to all districts, free of charge. All documents
can be downloaded with a secure password and copied for each school. The vendor
for the ELL Placement Test is:

                             (Questar Assessment, Inc.)
                             email: iela@QuestarAI.com
                               phone 1-888-854-9596

Secure website for ELL Placement Test:
https://idaho.questarai.com/index.cfm?fuseaction=home.login

* For your district’s secure password, please contact the testing vendor at
email/phone number above.

Placement into a language development program:
The ELL Placement test will be scored at the time of assessment and determinations
for placement are made immediately within the school and/or district. If a student
tests at the advanced level on all domains tested with the ELL Placement test, then
that student most likely does not need services. If the student tests anywhere below
the advanced level on any area of the ELL Placement test, then that student most
likely needs to be placed in a language development program which addresses the
specific needs of that student. The term most likely is used, as any determination for
special programs or services should use multiple measures, as sometimes the test
scores do not seem to fit with the behaviors of the student.

For example, if a student tests advanced on all areas of the ELL Placement test, but
still scores a 1 on the IRI and his/her classroom teacher says the student is struggling,
then that student most likely needs services. Therefore, it is imperative that a district
document in the student’s cumulative file what the decision is for special services and
why the determination was made. In addition, the ELL Placement Test answer
document and subsequent parental notification letter should be placed in the student’s
cumulative file.

 For more information regarding assessment for English language learners in Idaho,
                          please visit the IELA website:
            http://www.sde.idaho.gov/site/assessment/IELA/admin.htm
                                                                              14
3. Parental Notification and Option to Waive Services


 Districts and schools are required to inform parents that their child has qualified for
 placement into a language development program. If the parents are in a district
 served with Title III federal funding, the parents have the right to waive services
 provided by Title III funds. The parent may not waive the designation of LEP for
 their child, nor may they waive any programs if funded in any part by State LEP
 funding. If a parent does waive the Title III services, the school should document the
 conversation or keep the letter on file. It is recommended that the school or district
 discuss the issue directly with the parents, so they understand the importance of the
 services the school provides and that students with limited English proficiency are
 still required to receive assistance under the Office of Civil Rights (OCR). Even if
 the parent waives services, the district must still serve that student in a non Title III
 funded program and make sure he/she is successful in school, per OCR requirements
 for LEP students. In addition, the district is still required to assess the student with
 the annual Idaho English Language Assessment (IELA) even if the parent has waived
 Title III services. The waived student will be coded as ELL-W in the student
 information system. This code will be used when the student tests on the IELA.
 Therefore, no scores from waived students will be calculated in annual measurable
 achievement objective (AMAO) determinations.

 If a parent does opt to waive services, then please place the signed letter or notes from
 the conversation in the student’s file.

     (Sample Letter)

     Date____________

     Dear Parents:

     Your child has qualified for the Limited English Proficient (LEP) program for
     the purpose of receiving additional help in acquisition of the English language.
     The LEP program is developed through funding from Idaho and from the
     Federal Government to help students improve their English language skills.

     LEP services are designed to promote extra help for the student while in the
     classroom and/or in small group instruction outside the regular classroom.
     The goal of the project is to assist students in the development of their basic
     skills so they can become successful learners. The program of service that the
     _________ school district has decided to provide to your child is
     __________________________ (name of program and curriculum) and will
     be provided ________________ ( x number of days per week, x numbers of
     hours per day, etc).

     It is important that you contact us at ______________ if you do not wish your
     child to participate in the specific district programs of ________ which is
     funded with federal funds. By waiving this federally funded program, you are
     removing your child from a specific program to help them acquire the English
     skills necessary to access the content areas. However, your child will still be
                                                                                  15
designated as an English language learner and the district is still required by
law to serve your child’s needs in a language development program, as well as
annually assess them in their English language development.

[note to districts: those districts that receive only state LEP funding should
not put this last paragraph into the letter to parents. The parents do not have
a right to waive LEP program placement or services provided by the state].

Please do not hesitate to contact us if you have any questions.




                                                                            16
4. Assurances Letter/ No LEP Student Certification Letter


All districts, regardless of whether or not they have LEP students, must file an annual LEP assurance document
with the State LEP program. Either document must be filed by September 15th every school year.

A district must sign an Assurances and Certifications letter if they have LEP students.

Or

A district must sign a No LEP student Certification letter if they do NOT have LEP students.

Both documents can be found on the State LEP page: http://www.sde.idaho.gov/site/lep/state_federal.htm




                                                                                                           17
                                        IV.
                      Assessment of English Language Learners


1. Language Proficiency Test: Idaho English Language Assessment (IELA)

The Idaho English Language Assessment (IELA) will determine students’ proficiency in the English language.
The test is only for English language learners who have already been placed in a Limited English Proficiency
program. (Placement into an LEP program is determined through the administration of the ELL Placement
Test). In addition, students who qualify for LEP services, but whose parent’s waive the Title III funded
services, must still test on this annual assessment. The IELA will enable the State to comprehensively and
accurately track LEP student growth across Idaho, as well as within individual districts, in order to ensure that
all LEP students are being properly served.
“No Child Left Behind (NCLB)” requires school districts to test their LEP students with an annual English
language proficiency test in addition to the state content assessment like the Idaho Standards Achievement
Tests (ISAT). The IELA does not replace the ISAT for LEP students, because the IELA assesses language
proficiency rather than academic content knowledge. Unlike the ISAT, which is taken by computer, the IELA
will be given using pencil and paper.
The IELA will enable the school districts and the state to better understand the language development needs of
individual students in the areas of listening, speaking, reading, writing and comprehension.
Please note that a language proficiency test and the ISAT are two different tests that measure different
abilities. The language proficiency test measures a student's English language ability and the ISAT measures
content knowledge and skills. Districts are held accountable to growth and proficiency measures on each
assessment for their LEP students.
The IELA will be administered each spring (approximately February – April) through the State Department of
Education and the current testing vendor. Each fall there will be a pre-identification process in order to
identify all eligible LEP students so that Pre-Identification labels can be generated and the correct number of
tests (by grade span) can be shipped to each district. Training will be provided to each district’s LEP and
Testing Coordinator’s in order to help facilitate the process. The Pre-Identification will take place through the
same secure website of the ELL Placement test. Help lines and resources documents are posted on that
website in order to assist districts with the full assessment process.
It is essential that the LEP program and the testing program in each district work together for this statewide
assessment of all LEP students.
The contact information for the testing vendor is the same as the ELL Placement Test:
                                           (Questar Assessment, Inc.)
                                           email: iela@QuestarAI.com
                                             phone: 1-888-854-9596
                         Secure website for IELA Pre Identification Process and Reports
* For your district’s secure password, please contact the testing vendor at email/phone number above.



                                                                                                              18
PowerPoint presentations will be delivered either regionally or through a webinar session, in order to train
district staff in how to administer the assessment each year. Complete information regarding each annual
assessment        will     be      posted      online      on      the     State’s      LEP       webpage:
http://www.sde.idaho.gov/site/assessment/IELA/admin.htm
*Please note that it is optional for LEPX (exited and monitored) students to take the IELA. Only if a district
wishes to use the IELA as a type of monitoring for those exited students, will a district pre identify an LEPX
student to take the test. If a district does not wish for an LEPX student to take the IELA, then that student
should not be pre-identified to take the assessment.
*Please note that students who are eligible for LEP program services, but whose parents waive Title III funded
services, still must be served and tested annually on the IELA.
A. English Language Development Level Descriptors
The state adopted Idaho English Language Development Level Descriptors are:

Level 1 - Beginning
Students performing at mastery of this level of English language proficiency begin to demonstrate basic
communication skills. They can understand brief, very simple speech on familiar topics, with visual support.
They can respond to simple social talk and academic instruction by using gestures or a few words or phrases,
or very simple subject-predicate sentences. With assistance, they can read very brief text with simple
sentences and familiar vocabulary, supported by graphics or pictures. They can write words, phrases and very
simple sentences. They exhibit frequent errors in pronunciation, grammar, and writing conventions that often
impede meaning.
Beginning was chosen to reflect the skill level of English learners as they are just beginning to learn English; it
refers to the mastery level after roughly six months of English language development (ELD) instruction.

Level 2 - Advanced Beginning
Students performing at mastery of this level of English language proficiency communicate with increasing
ease in a greater variety of social and academic situations. They can understand brief, simple speech on
mostly familiar topics, and need visual support. They can engage in basic social talk and academic instruction
by using phrases or simple subject-predicate sentences. With assistance, they can read brief text with simple
sentences and mostly familiar vocabulary, supported by graphics or pictures. They can write phrases and
simple sentences. They exhibit frequent errors in pronunciation, grammar, and writing conventions that often
impede meaning.
Advanced Beginning was chosen for the second level because Objectives at that level generally reflect
advancement of skills above the Beginning level rather than lack of skills below the Intermediate level.

Level 3 - Intermediate
Students performing at mastery of this level of English language proficiency begin to expand the complexity
and variety of their communication skills. They can understand speech on familiar and some unfamiliar topics,
and may need some visual support. They can engage in social talk and academic instruction using increasingly
detailed sentences. They can independently read simple text with mostly familiar vocabulary, and can read
more complex text supported by graphics or pictures. They can write simple texts with support. They exhibit
fairly frequent errors in pronunciation, grammar, and writing conventions that may impede meaning.



                                                                                                                19
Intermediate tends to be a major benchmark in ELD progress; English learners with proficiency at this level
can learn in various content areas in a mainstream classroom as long as the teacher provides appropriate
support.

Level 4 - Early Fluent
Students performing at mastery of this level of English language proficiency communicate adequately in
complex, cognitively demanding situations. They can understand social and academic speech at their grade
level, and may need some visual support for unfamiliar topics. They can engage in social talk and academic
instruction using detailed sentences and expanded vocabulary. They can write texts near grade level. They
exhibit some errors in pronunciation, grammar, and writing conventions that usually do not impede meaning.

Level 5 - Fluent
Students performing at mastery of this level of English language proficiency communicate effectively with
various audiences on a wide range of topics, though they may need further enhancement and refinement of
English language skills to reach the native level of their peers. They can understand a variety of social and
academic speech at their grade level. They can engage in social talk and academic instruction using varied
sentence structures and vocabulary appropriate to the context. They can independently read grade-level text,
including technical text. They can write expanded texts appropriate to their grade level. They may exhibit a
few errors in pronunciation, grammar, and writing conventions that do not impede meaning.

Early Fluent and Fluent reflect the practice of considering English learners at these levels for redesignation as
Fluent English Proficient status (based on a variety of appropriate measures).


B. Transition/Exit out of LEP Program
The exiting criteria for LEAs in Idaho details that students should:

1. Score at the Early Fluent level or above (EF+) on each domain tested on the IELA;

AND one of the following:

2. Receive an Idaho Reading Indicator (IRI) score of at least a 3, or an Idaho Standards Achievement Tests
(ISATs) score that meets the “Basic” level;
OR
3. Demonstrate access to mainstream content curriculum in one of the following ways:
       - Elementary: Consistent proficient scores on grade level benchmark unit assessments; or
       - Secondary: Core content area GPA (non-modified) of 2.0; or
       - Qualified teacher observations that are based on language proficiency benchmarks and criteria, with
           supporting portfolio of student classroom work.

A student should not necessarily be kept in an LEP program if they are deemed “proficient” on the IELA, but
are not yet at the “proficient” level on the ISAT. These are two different measures of achievement and have
two different definitions.

Taking into consideration the State recommended exit criteria, LEAs will be required to detail their district exit
criteria on their annual LEP Plans which are approved by the local school boards and submitted to the LEP
Program manager June 30th of each year.


                                                                                                               20
2. Annual Measurable Achievement Objectives

Title III of the No Child Left Behind (NCLB) Act of 2001, establishes sanctions or consequences for Local
Education Agencies (LEAs), or school districts, which do not meet Title III Annual Measurable Achievement
Objectives (AMAOs). An AMAO is a performance objective, or target, that all LEAs must meet each year for
those students in an LEP program. Part I details NCLB requirements. Part II details the state developed
annual objectives/targets and definitions. Part III details the sanctions and procedures for LEAs.

                                          Part I: NCLB Requirements

All LEAs, Title III and non Title III LEAs alike, serving Limited English Proficient (LEP) students 3 are held
accountable to demonstrating annual progress and proficiency in English language acquisition (NCLB, Title
III, section 3122(b)). The AMAO accountability structure set forth in Title III is a 3-tiered structure. The first
2 AMAOs are determined by the Idaho English Language Assessment (IELA) and the 3 rd AMAO is based on
the AYP determinations.




                                  Title III Accountability
                                     for LEP Student
                                       Achievement




        #1                            #2
        Annual increases in the                              #3
                                      Annual increases in    Making AYP (adequate
        percent or number of          the percent or
        LEP students making                                  yearly progress) on the
                                      number of LEP          spring ISAT for the LEP
        progress in acquiring         students attaining
        English language                                     subgroup identified
                                      English language       (section 1111(b)(2)(B)).
        proficiency.                  proficiency by the
                                      end of the school
                                      year, as determined
                                      by an English
                                      language proficiency
                                      assessment.




3
 LEP students are English language learners (ELLs) who are specifically placed in a language development program,
based on the home language survey (HLS) and the Idaho ELL Placement Test.


                                                                                                                    21
AMAO #1: Annual increases in the percent or number of LEP students making progress in acquiring English
language proficiency, as determined by the IELA: English Language “Progress/Growth”.

AMAO #2: Annual increases in the percent or number of LEP students attaining English language proficiency
by the end of the school year, as determined by the IELA: English Language “Proficiency”.

AMAO #3: LEA determination for making AYP (adequate yearly progress) on the spring ISAT for LEP
students (section 1111(b)(2)(B)): “AYP”.

If an LEA does not meet any one of the 3 measures in any given year, then the AMAOs are not met for that
year.

Accountability measures, as set forth in section 3122(b) state that:

A. If a district LEP program fails to make progress toward meeting these objectives for two (2) consecutive
years, the State Board of Education will work with the district to develop an improvement plan that
specifically addresses the factors that prevented the district from achieving the objectives.

B. If a district LEP program fails to meet these objectives for four (4) consecutive years, the State Board of
Education will either require the district to modify the curriculum and LEP program, or will determine if
funding should continue and require the district to replace educational personnel.

C. Parental Notification
In addition to providing the general parental notifications, each district that has failed to make progress on the
annual measurable achievement objectives for any fiscal year, shall separately inform a parent or the parents of
a child identified for participation or participating in such program of such failure within 30 days of notice of
failure to reach AMAOs. All notifications sent home to parents, must be translated into the home language, to
the extent practicable. In addition, a parent has the right to remove their child from an LEP program at any
time, see 3302(a)(A), 3302(b).


                           Part II: State Defined AMAO Targets and Definitions

The State Board of Education, Idaho’s SEA, has looked at 3 years of IELA data and consulted with Idaho
educators (Attachment B) to determine appropriate AMAOs for LEAs in the state. In February 2009, Idaho
adopted the following definitions and will calculate AMAOs as indicated below. If an LEA does not meet any
one of the three AMAO measures, then the LEA will be considered as not meeting the AMAOs for that year.

“N” Count – Idaho has adopted the number of 34 in its accountability workbook, under Title I and will use this
same number for Title III accountability. LEAs with less than 34 LEP students tested on the IELA will not be
included in the LEP Accountability Plan. However, all LEAs with 34 or more LEP students, whether they
receive Title III funds or not, will be held accountable to this LEP Accountability Plan. The only exception to
this is for LEAs that receive Title III funds in a Consortium. All members of a consortium will be included in
AMAO determinations regardless of the LEP subgroup size.

Title III Consortia Funds - AMAOs will be individually calculated for each LEA that receives Title III funds
within a Consortium. These LEAs will be treated as separate entities and will not be combined for
accountability purposes.


                                                                                                                 22
1. AMAO #1 - English Language Progress/Growth (“Progress”): Progress is defined as advancing one level or
more of language proficiency per year, as indicated by the Idaho English Language Assessment (IELA). The
IELA details 5 levels of English proficiency (see Attachment A for English language development level
descriptors) and assesses the domains of listening, speaking, reading, writing and comprehension (listening +
reading) in grades K-12. The 5 English language development levels as defined for Idaho are:

(1) Beginning
(2) Advanced Beginning
(3) Intermediate
(4) Early Fluent
(5) Fluent

Idaho has determined that on an annually increasing basis, the following percentages of LEP students within an
LEA will achieve progress, as measured on the IELA.

           Title III/LEP Annual Measurable Achievement Objectives (AMAOs) #1 Growth
               2008- 2009- 2010- 2011- 2012- 2013- 2014- 2015- 2016-                                     2017-
    Year        2009 2010 2011 2012 2013 2014 2015 2016 2017                                              2018
    Target      25% 26.1% 27.2% 28.3% 29.4% 30.5% 31.6% 32.7% 33.8%                                      34.9%
    rounded      25      26      27     28      29      31      32    33      34                           35
    Point
    increase 1.111 1.111 1.111 1.111 1.111 1.111 1.111 1.111 1.111                                       1.111


The AMAO growth targets are set on a linear growth interval, which increases in equal increments each year
for 10 years, from 2009-2018. This research-based model4 was adopted because it establishes the starting point
to be at the corresponding percentage associated with the 25th percentile of LEAs, and the ending point to be at
the corresponding percentage associated with the 75th percentile of LEAs. The percentiles were derived by
ranking districts, from top to bottom, based on the percent of students, across all grades, who gained one or
more proficiency levels from the previous year. It was determined that the rounding of the percentages at the
25th and 75th percentiles from the 2007-2008 IELA results would form the basis of the targets.

Through application of this method and the decision points from the group of Idaho educators, AMAO 1 will
begin for the 2008-2009 school year with a target of 25% of students within an LEA increasing one level of
proficiency on the IELA. AMAO 1 will end at the 2017-2018 school year with a target of 35% of students
within an LEA increasing one level of proficiency on the IELA. The growth interval with these targets is a
1.111 point increase per year. Only students who have tested for 2 years (e.g. students who have 2 data points)
will be included in AMAO 1.



4
 Linquanti, R. & George, C. (2007). Establishing and utilizing an NCLB Title III accountability system: California's approach and
findings to date. In J. Abedi (Ed.), English language proficiency assessment and accountability under NCLB Title III: A national
perspective. Davis: University of California.
Cook, H. G., Boals, T., Wilmes, C., & Santos, M. (2008). Issues in the development of annual measurable achievement objectives for
WIDA consortium states (WCER Working Paper No. 2008-2). Madison: University of Wisconsin–Madison, Wisconsin Center for
Education Research.


                                                                                                                               23
2. AMAO #2 - English Language Proficiency (“Proficiency”): A student is defined as “proficient” in English
on the IELA if a student tests at the early fluent and above (EF+) level within each sub-domain (listening,
speaking, reading, writing and comprehension) assessed on the IELA. An EF+ on each sub-domain could
result in a student receiving a total score of either a 4 (Early Fluent) or a 5 (Fluent) on the overall IELA score.

Idaho has determined that on an annually increasing basis, the following percentages of LEP students within an
LEA will achieve “proficiency”, as measured on the IELA.

       Title III/LEP Annual Measurable Achievement Objectives (AMAOs) #2 Proficiency
              2008- 2009- 2010- 2011- 2012- 2013- 2014- 2015- 2016- 2017-
 Year         2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
 Target        13% 13.7% 14.5% 15.3% 16.1% 16.8% 17.6% 18.4% 19.2% 19.9%
 rounded        13     14     15      15      16     17        18   18      19       20
 Point
 increase 0.777 0.777 0.777 0.777 0.777 0.777 0.777 0.777 0.777 0.777


The AMAO proficiency targets are also set on a linear growth interval, which increases each year for 10 years,
from 2009-2018. Again, this research-based model was adopted because it establishes the starting point to be
at the corresponding percentage associated with the 25th percentile of LEAs, and the ending point to be at the
corresponding percentage associated with the 75th percentile of LEAs. The percentiles were derived by
ranking districts, from top to bottom, based on the percent of students, across all grades, who achieved
proficiency on the IELA. It was determined that the rounding of the percentages at the 25th and 75th percentiles
from the 2007-2008 IELA results would form the basis of the targets.

Through application of this method and the decision points from the group of Idaho educators, AMAO 2 will
begin for the 2008-2009 school year with a target of 13% of students within an LEA reaching proficiency on
the IELA. AMAO 2 will end at the 2017-2018 school year with a target of 20% of students within an LEA
reaching proficiency on the IELA. The growth interval with these targets is a .777 point increase per year. All
students tested within a district will be included in AMAO 2.

LEP Students Exiting from a Language Development Program

When a student scores “proficient” on the IELA they will be eligible to begin transition out of a language
development program, however scoring proficient alone is not sufficient for exiting out of the program. The
criteria for LEAs in Idaho to exit LEP students from a language development program is as follows:

1. Score at the Early Fluent level (EF+) on each sub-domain tested on the IELA (listening, speaking, reading,
writing and comprehension);

AND one of the following:




                                                                                                                  24
   II.     2. Receive an Idaho Reading Indicator (IRI) score of a 3 in grades K-3, or an Idaho Standards
           Achievement Tests (ISATs) score that meets the “Basic” level in grades 3-8 and 10;
   III.    OR
   IV.     3. Demonstrate access to mainstream content curriculum in one of the following ways:
        - Elementary: Consistent proficient scores on grade level benchmark unit assessments; or
        - Secondary: Core content area GPA (non-modified) of 2.0; or
V.       - Qualified teacher observations that are based on language proficiency benchmarks and criteria,
           with supporting portfolio of student classroom work.

A student should not necessarily be kept in an LEP program if they are deemed “proficient” on the IELA, but
are not yet at the “proficient” level on the ISAT. These are two different measures of achievement and have
two different definitions.


3. AYP: AYP will be determined by annual spring ISAT data, as provided by the State Department of
Education (SDE) for the LEP subgroup at the LEA level, where the LEA failed to make AYP in any target area
because of the LEP subgroup.


                                   Part III: LEA sanctions and procedures

The accountability measures for each LEA are determined by the results of the annual spring IELA and ISAT
assessments of LEP students. Sanctions are determined by consecutive years of not meeting the AMAOs set
forth above (1. progress, 2. proficiency, and 3. AYP).

Any type of improvement plan or restructuring should be seen as an opportunity for an LEA to thoroughly
evaluate their programs and assess what steps need to be taken or changes that need to be made so that the
LEA is able to better serve the LEP population.

Accountability and sanctions are applicable to all districts with LEP students, whether Title III funding is
received or not, unless otherwise indicated below. Title III funding is the federal allocation for language
acquisition, emergency immigrant, and consortia funding.

Appeals process

AMAOs will be calculated according to LEP student growth on the IELA and AYP. The appeals process for
AYP takes place through the Department of Education. If an LEA believes that there has been an error in the
calculation of AMAOs, then the LEA may contact the State LEP Program, however there will be no formal
appeals process. Student scores may not be contested. Testing discrepancies (i.e. a student has taken 2
different grade level tests; a student has taken only a portion of the test) will be taken into consideration by the
testing vendor when tests are scored and student reports are generated.




                                                                                                                  25
                                                AMAO Sanctions
  School Year    2006-2007            2007-2008        2008-2009                  2009-2010             2010-2011
                  Baseline
                 Data from
                   spring
Improvement Year    2006         LEP Improvement 1       LEP Improvement 2 LEP Improvement 3 LEP Improvement 4
                                                         1.Develop/augment 1.Continue School
                                                         Improvement Plan  Improvement Plan
                                                         specific to LEP
                                                                           2. Review Plan and
                                                         2.Implement       outcomes for       Corrective Action
                                 Alert Status            Improvement Plan  adequacy           Plan
     LEA
 Responsibility                                                                                    * Title III LEAs
                                                                                                   could lose funding


                                                       Parental              Parental              Parental
                                 Parental Notification Notification          Notification          Notification

     SEA                         Technical               Technical           Technical             Technical
 Responsibility                  Assistance              Assistance          Assistance            Assistance


    A. If a district LEP program fails to make progress toward meeting these objectives for two (2) consecutive
    years, the State LEP Program will work with the district to develop an improvement plan that specifically
    addresses the factors that prevented the district from achieving the objectives.

    Baseline: The spring 2006 IELA assessment will give Idaho the baseline data to begin looking at LEP student
    growth.

    LEP Improvement YEAR 1: Data from the spring 2007 IELA will provide information regarding what LEAs
    will be in LEP Improvement Year 1.

           Once notified, LEAs will be on alert status for this year.

           LEAs must send parental notification home to parents of LEP students indicating that the LEA did not
            meet AMAOs.

    LEP Improvement YEAR 2: Data from spring 2008 will provide information regarding what LEAs will be in
    LEP Improvement Year 2.

           LEAs must submit an LEP Program Improvement Plan, which is based on the Idaho LEP Program
            Enhancement Grant Application.

           The State LEP program will review all LEP Program Improvement Plans and give feedback to each
            district.


                                                                                                                  26
      The LEAs will have until December 31 of each year that the LEA is in needs improvement to complete
       their improvement plan. The LEAs will have until May 31 of each year to demonstrate in writing the
       implementation of the plan within the LEA.

      Those LEAs that meet AMAOs in Year 2 will not be required to submit improvement plans.

      LEAs must send parental notification home to parents of LEP students indicating that the LEA did not
       meet AMAOs and must detail the process that the LEA is going through to remedy the situation.

LEP Improvement YEAR 3: Data from spring 2009 will provide information regarding what LEAs will be in
LEP Improvement Year 3.

      The LEAs that are in LEP Improvement Year 3 must continue to implement their LEA improvement
       plan. The LEA must review the plan for outcomes and adequacy by December 31. The LEAs will have
       until May 31 to demonstrate in writing the changes made to the implementation of the school
       improvement plan within the LEA.

      Those LEAs that did not meet AMAOs in Year 2 but did meet AMAOs in Year 3 will continue to be
       required to submit documentation of implementation of their improvement plans by May 31 of that
       year.

      The State LEP program will continue to provide technical assistance first to the LEAs that have not
       previously developed an improvement plan, and then to those LEAs that already have an improvement
       plan on file.

      LEAs must send parental notification home to parents of LEP students indicating that the LEA did not
       meet AMAOs detailing the process that the LEA is going through to remedy the situation.


B. If a district LEP program fails to meet these objectives for four (4) consecutive years, the State LEP
Program will either require the district to modify the curriculum and LEP program, or will determine if
funding should continue and/or require the district to replace educational personnel.

LEP Improvement YEAR 4: Data from spring 2010 will provide information regarding what LEAs will be in
LEP Improvement Year 4.

   Title III LEAs
              LEAs that receive Title III funds must submit a new corrective action plan that details how the
               LEP program and curriculum will be significantly modified. Input from staff, parents and
               community members is required. Further guidance from the State LEP program will detail what
               the corrective action plan must include.

              LEAs must submit their corrective action plan by May 31 and written documentation of
               implementation of the corrective action by December 31 of the following school year.




                                                                                                            27
              The State LEP program will make the determination whether Title III funding will be continued
               and/or require that staff be terminated.

   Non Title III LEAs
             LEAs that do not receive Title III funds must also submit a corrective action plan that details
              how the LEP program and curriculum will be significantly modified. Input from staff, parents
              and community members is required. Further guidance from the State LEP program will detail
              what the corrective action plan must include.

              LEAs must submit their corrective action plan by May 31 and written documentation of
               implementation of the corrective action by December 31 of the following school year.

      Those LEAs that did not meet AMAOs in Year 3 but did meet AMAOs
       In Year 4 will continue to be required to submit documentation of implementation of their
       improvement plans by May 31 of that year.

      The State LEP program will continue to provide technical assistance to all LEAs in LEP Improvement
       Year 4.

      LEAs must send parental notification home to parents of LEP students indicating that the LEA did not
       meet AMAOs detailing the process that the LEA is going through to remedy the situation.

LEP Improvement Year 4+
If a district continues to miss the AMAO targets after 4 consecutive years, the district must continue to
implement its corrective action plan and provide documentation of implementation by December 31 and May
31. In addition, the State LEP Program will continue to work with the district to determine the best course of
action.

C. Parental Notification
In addition to providing the general parental notifications, each district that has failed to make progress on the
annual measurable achievement objectives for any fiscal year, shall separately inform a parent or the parents of
a child identified for participation or participating in such program of such failure within 30 days. All
notifications sent home to parents, must be translated into the home language, to the extent practicable. In
addition, a parent has the right to remove their child from an LEP program at any time, see 3302(a)(A),
3302(b).

REQUIREMENTS FOR TITLE III/LEP PROGRAM DISTRICT IMPROVEMENT

District Title III/LEP Program Improvement Plans must completed by districts that have not made AMAOs for
two or more consecutive years. The focus of this plan should be in the area(s) that have kept the district from
meeting their AMAO targets. The Improvement Plan will be an addendum to the LEP Plan and can be done in
narrative form or as a timeline with the required information listed below. Please be sure to address the
following:

      Reasons for not meeting AMAOs for two or more consecutive years.




                                                                                                               28
      Data gathered to determine a plan of action for targeting area(s) preventing the district from meeting
       AMAO targets.

      Objectives specific to the target area(s) that will help ensure growth in the areas preventing the district
       from meeting AMAO targets.

      Activities planned that will help the district meet their objectives such as, but not limited to:
       professional development, curriculum and other resources, staffing, before and afterschool programs,
       interventions in targeted areas, etc.

      How the district will collect and analyze its data to determine whether its LEP program is effective and
       if objectives have been met.


REQUIREMENTS FOR TITLE III/LEP PROGRAM DISTRICT CORRECTIVE ACTION
This section intends to provide further guidance to districts that are in Year 4 of not meeting Idaho’s Title
III/LEP Annual Measurable Achievement Objectives (AMAOs).

      Data from the IELA and ISAT - spring 2010 will provide information regarding what school districts
       will be in LEP Improvement Year 4.
      All districts in Title III/LEP Corrective Action must submit their corrective action plan by June 30,
       2011 and written documentation of implementation of the corrective action by December 31, 2011 of
       the following school year.
      Requirement for Corrective Action is at the district level, not school level.
      Only required for districts that have not met Title III/LEP AMAOs for 4 consecutive years.
      District must significantly modify their LEP Program. Documentation must include the following and
       be submitted by June 30, 2011:

           1. Changes to LEP Program Plan

                   a. Red line/track changes to current LEP Program Plan with significant changes to
                       curriculum, interventions used with LEP students, staffing, and/or funding allocations.
                       Must include significant changes in at least one area listed above (i.e. a district must
                       demonstrate a change in interventions used with LEP students and/or funding
                       allocations, etc)
                   and
                   b. Red line/track changes to current Title III/LEP Program District Improvement Plan and
                       inclusion of corrective action measures that district will make.
           Or
                   c. Demonstration through submission of in-depth data analysis that curriculum,
                      interventions used with LEP students, staffing, and/or funding allocations are working
                      and demonstrating growth. This would be used if growth is apparent, but district is still
                      not meeting AMAOs.

           2. A separate Corrective Action Addendum, providing an overview of the changes to be
              implemented and how they will be implemented.


                                                                                                                 29
       3. Certification/proof that changes and/or data analysis included input from staff, parents,
          community members, and the superintendent. This could include minutes and signatures
          from stakeholder meetings.
       4. Documentation of submission of changes to Local School Board. This could be school
          board meeting minutes and signatures of certification.
       5. Mandatory participation in at least 4 SDE trainings/webinars throughout the school year
          regarding LEP student achievement. The trainings/webinars will focus on LEP program
          effectiveness, culturally proficient schools and classrooms, parental involvement, provided by
          the State Department of Education.
       6. Demonstration of integration of the “Nine Characteristics of High-Performing Schools”
          within the schools that are in school improvement status (within the district) for not meeting
          AYP for LEP students. Evidence or plans that the district is ensuring or will ensure that these
          Nine Characteristics focus specifically on LEP student achievement.

   Qualified readers will review the changes to the LEP Program Plans and supporting documentation,
    then will provide approval or feedback for the district to remedy.

   When implementing changes to the Title III/LEP Program Plan, districts must consider and
    articulate the possible causes(s) of inadequate LEP student performance. This follows the Title I
    Restructuring Rubric. Districts should ensure an in-depth look and review of:
        o materials and instructional practices
        o time/coverage/grouping
        o of grade level deficiencies
        o assessment plan
        o data utilization practices
        o professional development for staff at school
        o school wide organization and support
        o distributed leadership (principal and faculty)
        o external support
        o funding allocations


   Professional Development must include:
                       Ongoing training for both staff and administration specific to curriculum,
                         instruction, cultural proficiency, and assessment for LEP students
                       Training should focus on building capacity within the school and or district to
                         sustain these fundamental changes


 The State Department of Education reserves the right to conduct an integrated focused visit after
  reviewing the Corrective Action plan for Districts. An integrated focused visit will look in depth at
  cross programming throughout the district, including LEP services, fiscal, special education services,
  Title I services, curriculum and instruction and administrative support.

 A District has the final decision to follow and implement Corrective Action Plans, but the State
  Department of Education reserves the right to withhold Federal and State Funds from a district that
  chooses not to follow these plans.



                                                                                                           30
3. Idaho Statewide Assessments

A. Accommodations

  ACCOMMODATIONS POLICY FOR INCLUSION OF LIMITED ENGLISH PROFICIENT
     (LEP) STUDENTS IN THE IDAHO STANDARDS ACHIEVEMENT TEST (ISAT)

This document provides the guidance on:

I. Determining Which Students Should Take Which Assessment…………………………………....……31
II. Defining Accommodations Allowable to LEP Students………………………………………….……..33
III. Convening the Decision-Making Team to Assign Accommodations to LEP Students………….……....34
IV. Steps for Assigning Accommodations to LEP Students………………………………………………….34
V. Additional Reminders about Assigning Accommodations………………..…….………………………41

This document includes a number of embedded hyperlinks in the electronic copy.

   I.       Determining Which Students Should Take Which Assessment

An LEP student in Idaho is classified according to the federal government definition as described in
Public Law 107-110, the No Child Left Behind Act of 2001.

        An LEP student is classified as one:
   a.   who is aged 3 through 21 who is enrolled or preparing to enroll in an elementary school or
        secondary school;
   b.   who is enrolled or preparing to enroll in an elementary school or secondary school;
   c.   (i.) who was not born in the United States or whose native language is a language other than
        English; and who comes from an environment where a language other than English is dominant
        OR
        (ii.) (I.) who is a Native American or Alaska Native, or a native resident of outlying areas; and
        (II.) who comes from an environment where a language other than English has had a significant
        impact on the individual’s level of English language proficiency;
        OR
        (iii.) who is migratory, whose native language is a language other than English, and who comes
        from an environment where a language other than English is dominant;
        AND
   d.   whose difficulties speaking, reading, writing, or understanding the English language may be
        sufficient to deny the individual
        (i.) the ability to meet the State’s proficient level of achievement on State assessments described
        in section 1111(b)(3);
        (ii.) the ability to achieve successfully in classrooms where the language of instruction is
        English; OR
        (iii.) the opportunity to participate fully in society.
        [P.L. 107-110, Title IX, Part A, Sec. 9101, (25)]

The following guidelines will be used to determine how the LEP student will participate in statewide
assessments.



                                                                                                              31
1. Regular Assessment without Accommodations

   The district LEP team determines and documents in the LEP Educational Learning Plan (ELP)
   that a student can adequately demonstrate his or her knowledge, abilities, or skills on statewide
   and district assessments without accommodations. This would most likely be the LEP students
   who have recently exited the program and who are on monitoring status (LEPX1–first year
   exited and monitored and LEPX2- second year exited and monitored); however these students
   are still eligible for accommodations, if necessary.

2. Regular Assessment with Accommodations that do not Invalidate the Test Results

   a. Federal Regulations

   Federal provisions for inclusion and accommodation of LEP students are found in the 1965
   Elementary and Secondary Education Act (ESEA). These provisions were first presented in The
   Improving America’s Schools Act (IASA) and then updated in The No Child Left Behind
   (NCLB) Act. IASA stipulated that states “provide for . . . the inclusion of limited English
   proficient students who shall be assessed, to the extent practicable, in the language and form
   most likely to yield accurate and reliable information on what such students know and can do, to
   determine such students’ mastery of skills in subjects other than English” (U.S. Congress, 1994,
   Section 1111 [b][3][F][iii]). NCLB supports the same schema, adding the clarification that LEP
   students should be eligible for other assessments “until such students have achieved English
   language proficiency” (U.S. Congress, 1994, Sec. 1111 ([b][3][C][ix][III]).

   Under Title I of the ESEA, States must include LEP students in their assessments of academic
   achievement in reading/language arts, mathematics and science, and must provide LEP students
   with appropriate accommodations including, to the extent practicable, assessments in the
   language and form most likely to yield accurate data on what LEP students know and can do in
   the academic content areas until they have achieved English language proficiency (U.S.
   Department of Education, 2006, p. 3).

   b. Idaho Code for inclusion of LEP students in Statewide Assessments.08.02.03.111.04.c.:

   Limited English Proficient (LEP) students, as defined in Subsection 112.03.d.iv., who receive a
   score below the fluent level on the Idaho English Language Assessment and have an Education
   Learning Plan (ELP), shall be given the ISAT with accommodations or adaptations as outlined in
   the ELP. Students can be categorized as LEP students for two (2) years after testing proficient on
   the language proficiency test and exiting the LEP program. LEP students who do not have an
   ELP or a language acquisition score will be given the regular ISAT without accommodations or
   adaptations. LEP students who are enrolled in their first year of school in the United States may
   take the IELA in lieu of the reading/language usage ISAT, but will still be required to take the
   math and science ISAT with accommodations or adaptations as determined by the language
   proficiency score and ELP. Such LEP students will be counted as participants for the ninety-five
   percent (95%) participation target, as described in Subsection 112.03. However, such LEP
   students are not required to be counted for AYP purposes in determining proficiency, as
   described in Subsection 112.02. (5-8-09)



                                                                                                        32
         c. Reminders
             Recently arrived LEP students who have attended schools in the U.S. for less than 12
              months (LEP1) may be exempt from one administration of the ISAT/Reading.
               All LEP students must take the ISAT/Mathematics and Science assessments. Math scores
                for recently arrived LEP1 students are excluded from one cycle of Adequate Yearly
                Progress (AYP) determinations.
               Exited and monitored LEP students (LEPX1 and LEPX2) are allowed to use
                accommodations on state assessments during the two-year monitoring period, if necessary.
               The flexibility and LEP accommodations for the ISAT do not apply to the Idaho English
                Language Assessment (IELA). All LEP students, grades K-12, must take the IELA
                annually, regardless of time in a US school.
               These accommodations may or may not be applicable for the DMA, DWA and IRI. Please
                contact the DMA, DWA and IRI coordinators at the State Department of Education if
                there are questions regarding accommodations for these tests.

   3. ISAT- ALT (Idaho Standards Achievement Test - Alternate Assessment)

         The district LEP team in conjunction with the IEP Team must find that the student meets all of
         the criteria listed below to determine if the LEP student is eligible to participate in the ISAT –
         ALT and not the regular district or statewide assessments. The LEP student must be eligible for
         special education and have a current IEP that is reviewed annually.

         a.    The student’s demonstrated cognitive ability and adaptive behavior prevents completion of
               the general academic curriculum even with program modifications;
         b.    The student’s course of study is primarily functional-skill and living-skill oriented
               (typically not measured by state or district assessments); and
         c.    The student is unable to acquire, maintain, or generalize skills (in multiple settings) and
               demonstrate performance of those skills without intensive frequent individualized
               instruction.

         Students are not to be included in the ISAT – ALT for any of the following reasons:
         a.    The only determining factor is that the student is in an LEP Program;
         b.    The student is academically behind because of excessive absences or lack of instruction; or
         c.    The student is unable to complete the general academic curriculum because of
               socioeconomic or cultural differences.

         If the LEP and IEP teams determine that the student meets the criteria for participation in the
         ISAT – ALT and he/she is working on content standards within the general education
         curriculum, the student may participate in relevant portions of the regular assessments and
         participate in appropriate areas in the alternate assessment, as outlined in the student learning
         plan and IEP.

   II.        Defining Accommodations Allowable for LEP Students

LEP students are to be included in all district and statewide assessments. Appropriate accommodations
must be provided where necessary according to Idaho Code and federal guidance. Accommodations for


                                                                                                              33
LEP students involve changes to testing procedures, testing materials or the testing situations in order to
allow students meaningful participation in an assessment. Effective accommodations for LEP students
address the unique linguistic and socio-cultural needs of the students without altering the construct.
Accommodated scores should be sufficiently equivalent in scale that they can be pooled with
unaccommodated scores. (To learn more about accommodations for LEP students, click here.)

School LEP teams and district LEP coordinators must ensure that the accommodations that are used by
LEP students in state assessments are also used regularly for instruction and classroom testing. They
must be the same or accommodate the same skill as the support provided to the student to complete
classroom assignments and assessment activities. (i.e. reading aloud to a student in the classroom would
be the audio on the assessment).

Allowable accommodations for testing are listed below in section IV, beginning on page 5. Only those
accommodations that are listed and that are included in a student’s Educational Learning Plan (ELP)
may be considered on a statewide assessment. A sample ELP can be found here. Any accommodation
beyond what is listed below is an adaptation and adaptations invalidate the test results. If adaptations
are used, the student is deemed not proficient and will not be counted towards participation.

      III.   Convening the Decision-Making Team to Assign Accommodations to LEP Students

Decisions about accommodations should not be made by an individual. The school/district team will
determine:
    a. How the LEP student will participate in state assessments – e.g., (1) in regular assessments with
       accommodations, (2) without accommodations or (3) in the ISAT - ALT (if the student is also
       eligible for special education and meets the ISAT - ALT criteria).
    b. Which accommodations are appropriate for use by the student, document the process, and
       communicate this information to the classroom teacher and test coordinator/administrator.

Members of the team might include:
   Teachers of LEP students and general educators involved in supporting the student
   School/district test coordinator
   District LEP Coordinator
   School administrator

Documentation Requirements:
Accommodations for LEP students must be based on the individual needs of each student. Throughout
the school year, instructional strategies should be documented in a student’s Educational Learning Plan
(ELP) by the student’s teacher(s). The decision making team can refer to the ELP when assigning and
documenting accommodations to the student for the statewide assessment. All LEP students who are
given accommodations must have an ELP on file.


IV.          Steps for Assigning Accommodations to LEP Students

This section begins with a brief overview of the accommodations allowed on the ISAT mapped by
language proficiency level, followed by a recommended set of steps for matching the accommodations
based on specific LEP student characteristics.



                                                                                                              34
Students with Beginning and Advanced Beginning English Language Proficiency
LEP students at the lowest levels of English language proficiency tend to experience the greatest need of
accommodations but are the least able to use them. In general, the use of oral supports is recommended
over written accommodations in English, but cautioned that most of these would not be expected to
produce much of an effect for the lowest proficiency levels.

Students with Intermediate English Language Proficiency
Because LEP students at the intermediate level of English language proficiency have usually developed
some literacy in English, these students are expected to benefit from a wider variety of both written and
oral accommodation options. Decision makers should note that the need for accommodations at this
level varies considerably depending upon the unique background characteristics of the student as well as
the literacy demands of the test. Similar to LEP students with beginning language proficiency levels, the
existing research suggests that at the intermediate level, native language accommodations are
considered more useful than English language accommodations.

Students with Early Fluent and Fluent English Language Proficiency/Monitored LEP students
For students at the early fluent and fluent proficiency levels and LEP students on monitoring status (i.e.,
LEPX1 and LEPX2), the need for most kinds of accommodations is expected to decrease. However,
dictionaries are considered useful for these students. English language dictionaries (word-to-word) are
considered appropriate for most groups at the advanced level and dual language dictionaries (word-to-
word) are recommended for advanced students who are literate in the native language and who have
received instruction in the native language. Experts note that students at the advanced language
proficiency level typically have enough English that they would not need oral translation of directions.


Table 1: Overview of Accommodations Allowed on the ISAT

       ACCOMMODATIONS
                                                    Content   Recommended English     When would this accommodation be
(*) Accommodations/Accommodated         Reference   Area of   Language Proficiency                 appropriate?
versions that are tracked on the ISAT     Code       ISAT     Level of LEP Student
Direct Linguistic Support - Oral
                                                                                     Students' listening skills in English are
                                                                   -Beginning
                                                    All but                          higher than reading skills. This should
   Provide audio version of ISAT*          1.1                 -Advanced Beginning
                                                    Reading                          not be a blanket accommodation for all
                                                                  -Intermediate
                                                                                     LEP students, as it may not help some.

                                                                                     Student has very low level of English
                                                                   -Beginning
  Provide oral/audio recorded test                  All but                          language proficiency and can
                                           1.2                 -Advanced Beginning
    directions in native language                   Reading                          understand orally in native language.
                                                                  -Intermediate
                                                                                     Only overall directions may be given to




                                                                                                                             35
        ACCOMMODATIONS
                                                    Content   Recommended English     When would this accommodation be
(*) Accommodations/Accommodated         Reference   Area of   Language Proficiency                 appropriate?
versions that are tracked on the ISAT     Code       ISAT     Level of LEP Student
                                                                                     the student in their native language,
                                                                                     however, this accommodation can help
                                                                                     to reduce anxiety regarding test taking.



                                                                                     This is already provided for all students
   Clarify test directions in English      NA         NA                             so is not considered an
                                                                                     accommodation.
                                                                                     Student has lower level of English
                                                                   -Beginning
    Clarify test directions in native                                                language proficiency and needs more
                                           2.2        All      -Advanced Beginning
               language                                                              clarification regarding the test
                                                                  -Intermediate
                                                                                     administration.
Direct Linguistic Support - Written
                                                                                     This is already provided for all students
   Provide written test directions in
                                           NA         NA                             so is not considered an
                English
                                                                                     accommodation.
                                                                                     Student has lower level of English
   Provide written test directions in                              -Beginning
                                           3.2        All                            language proficiency and is literate in
           Native Language                                     -Advanced Beginning
                                                                                     native language.
                                                                                     Student must be at the higher level of
                                                                  -Intermediate      English proficiency to use a word to
  Provide district approved English
                                           4.1        All         -Early Fluent      word dictionary. Must understand how
      word-to-word dictionary *
                                                                     -Fluent         to use dictionaries. Not appropriate for
                                                                                     a beginning level student.
                                                                                     Student has lower level of English
                                                                                     proficiency, but high native language
                                                                  -Intermediate
  Provide district approved bilingual                                                proficiency. Must understand how to
                                           4.2        All         -Early Fluent
      word-to-word dictionary *                                                      use dictionaries. Optional for students
                                                                     -Fluent
                                                                                     at the Beginning level if literate in
                                                                                     their native language.



                                                                                                                             36
        ACCOMMODATIONS
                                                    Content   Recommended English     When would this accommodation be
(*) Accommodations/Accommodated         Reference   Area of   Language Proficiency                  appropriate?
versions that are tracked on the ISAT     Code       ISAT     Level of LEP Student
Indirect Linguistic Support
                                                                                     Extended time is usually paired with
                                                                                     using a word-to-word dictionary.
                                                                   -Beginning
                                                                                     As the ISAT is not timed, this
                                                               -Advanced Beginning
                                                                                     accommodation is listed here
    Reactivation of Assessment *            5         All         -Intermediate
                                                                                     reactivation purposes.
                                                                  -Early Fluent
                                                                                     *Overnight reactivations must be pre-
                                                                     -Fluent
                                                                                     approved by the ISAT Program
                                                                                     Coordinator.
                                                                                     On the day of the assessment, test
                                                                                     administrators may need to adjust the
                                                                                     timing, scheduling, or setting of the
                                                                                     assessment based on the individual
                                                                                     needs of the LEP student, scheduling
                                                                                     needs of the school, or requirements
                                                                                     associated with specific
                                                                                     accommodations.
                                                                   -Beginning
                                                               -Advanced Beginning   Test administration practices for LEP
    Test Administration Practices*         6                      -Intermediate      students include:
                                                                  -Early Fluent
                                                                     -Fluent            Administer test in a location with
                                                                                         minimal distraction
                                                                                        Administer test in small group or
                                                                                         individually
                                                                                        Preferential seating
                                                                                        Multiple or frequent breaks
                                                                                        Early administration of the
                                                                                         assessment (i.e. in the morning)
                                                                                        Prompt the student to stay focused



                                                                                                                             37
       ACCOMMODATIONS
                                                    Content   Recommended English    When would this accommodation be
(*) Accommodations/Accommodated         Reference   Area of   Language Proficiency                appropriate?
versions that are tracked on the ISAT     Code       ISAT     Level of LEP Student
                                                                                         on the test, move ahead, or read
                                                                                         the entire item
                                                                                        Allow the student to read questions
                                                                                         out loud in order to stay focused


A Five Step Process for Assigning Appropriate Accommodations to LEP Students

Research indicates that LEP Students with assigned accommodations matched to their linguistic and
cultural needs scored higher than (a) LEP Students with “incomplete” accommodations – i.e., assignment
done without matching accommodations to LEP-responsive criteria. LEP Students with assigned
accommodations matched to their linguistic and cultural needs and (b) LEP Students who were not
assigned any accommodations at all (Kopriva, Emick, Hipolito-Delgado, & Cameron, 2007). Appropriate
accommodation support allows LEP students to more accurately demonstrate their knowledge of the
content being assessed.

When assigning accommodations to LEP students, the LEP student committee should ask the student’s
teacher(s) for formative assessment data and student test scores (if applicable) so that it can best match
instructional interventions and assessment accommodations to student needs. Use the following procedure
and data sources to inform this decision.

Step 1:          Consider the LEP student’s level of language proficiency in English and the native
                 language; and then the language in which instruction is delivered to the student.
Step 2:          Consider other specific LEP student background characteristics.
Step 3:          Consider whether the student has had prior experience using this accommodation in
                 classroom instruction and assessment which measure the same construct.
Step 4:          Consider procedures for administering the accommodation.
Step 5:          Check your work and fill out the Educational Learning Plan (ELP).

* Throughout this section, please refer to Tables 1 and 2. Both tables represent the allowed testing
accommodations mapped by language proficiency and by administration directions.




Step 1.          Consider the LEP student’s level of language proficiency in English and the native
                 language; and then the language in which instruction is delivered to the student.

           a.    Refer to the student’s English language proficiency (ELP) level score on the Idaho
                 English Language Assessment (IELA). The IELA performance levels are as follows:



                                                                                                                         38
                               IELA
                 English Language Proficiency Levels
               Level 1 Beginning
               Level 2 Advanced Beginning
               Level 3 Intermediate
               Level 4 Early Fluent
               Level 5 Fluent

             For more information about the annual IELA, see
             http://www.sde.idaho.gov/site/assessment/

          b. Gather information on the student’s level of native language literacy (if possible) and
             content area instruction in the native language.

            i. Is the student receiving content area instruction in the native language? If so, research
               suggests that native language accommodations such as written translated directions or a
               bilingual word-to-word dictionary are helpful.
               [See Francis, Lesaux, Kieffer, & Rivera (2006), available at:
               http://www.centeroninstruction.org/files/ELL3-Assessments.pdf for more
               information.]

           ii. If native language instruction is not available for the student, consider whether
               accommodations offered in the native language might support the student’s access to
               the content in English. For example, a student who can read proficiently in his or her
               native language is more likely to benefit from the provision of a bilingual word-to-
               word dictionary during instruction and assessment given in English than a student who
               has limited native language reading skills.
               [See Acosta, Rivera, & Shafer Willner (2008), available at http://ells.ceee.gwu.edu/ for
               additional information.]

Step 2.      Consider other specific LEP student background characteristics.
             In addition to English proficiency, native language proficiency and language of content
             area instruction, the list of accommodations allowed for the student may need to be
             refined based on the additional unique characteristics of the student.

             The following is a list of possible characteristics to consider along with sample questions
             which might be asked.

          1. Time in the U.S.:
                What is the length of time a student has been in an academic environment in which
                English was the primary language of instruction?
                Consideration: Would the student benefit from additional support with test directions
                due to lack of familiarity with standardized testing?

          2. Student’s academic capacity:
                What is the student’s current academic achievement and test performance?




                                                                                                           39
                             What is the student’s level of literacy in English? Academic English
                              language proficiency is a major factor in the assessment of content
                              knowledge.
                             What is the student’s level of literacy in the native language?
                             Is the student’s oral proficiency in English or the native language stronger
                              than the student’s written proficiency?
                             What are some teacher observations regarding the student’s academic
                              capacity?
                     Consideration: Would the student benefit from an oral accommodation (the audio
                     version or oral test directions)?

             3. Prior education:
                   Has the student’s education been interrupted? Students with interrupted formal
                   education (SIFE) tend to have low literacy skills in both native language and English.
                   As a result, oral accommodations in the native language are considered more useful
                   than written accommodations for these students.
                   Consideration: Would the student benefit from an oral accommodation, such as
                   translation of the overall directions in the student’s native language?

             4. Age/maturity:
                   Is the student young (early elementary) and less likely to have developed strong
                   literacy skills in either English or the native language?
                   Consideration: Would an emphasis on oral accommodations be more appropriate?

                     Is the student older and perhaps likely to refuse accommodations due to the
                     embarrassment of receiving additional support in front of classmates?
                     Consideration: Would the student benefit from testing in a separate setting?

             5. Socio-cultural background:
                   Is the student at a beginning level of English language proficiency and literate in a
                   non-alphabetic script such as Chinese or Russian? Where is the student coming
                   from? A refugee camp, a developed country, educated parents?
                   Consideration: Would an emphasis on oral accommodations be more appropriate?

             6. Student’s affective needs:
                   Has this student demonstrated anxiety about the assessment? Will it be difficult to
                   facilitate the test administration to the student?
                   Consideration: Would administering the test in special settings, with specialized
                   personnel, in small groups, or individually be helpful for increasing the students’
                   level of comfort?

Step 3.          Consider whether the student has had prior experience using this accommodation in
                 classroom instruction and assessment (which measure the same construct as the
                 state assessment).

          Instructional and assessment strategies which allow LEP students to more efficiently use
          linguistic resources to access curriculum or the content of the assessment should be used, not
          only during specialized English instruction, but also during content area instruction and


                                                                                                             40
          assessment to ensure that LEP students have the tools and scaffolding necessary to access
          content.

          Guidance for Initial Selection of Accommodation(s) for Classroom Use
             a. What (new or currently-used) accommodation(s) increase the student’s access to
                instruction and assessment by addressing the student’s learning needs and reducing the
                effect of the linguistic load?
             b. What accommodation(s) is/are regularly used by the student during classroom instruction
                and assessment?
             c. What are the results for assignments and assessments when accommodation(s) are used
                (or not used)?
             d. What difficulties did the student experience in using the accommodation(s)?
             e. What is the student’s perception of how well the accommodation(s) “worked?”
             f. What are the perceptions of parents, teachers, & specialists about how the
                accommodation(s) worked?
             g. Should the student use accommodation(s) or are changes needed?
             h. Are there effective combinations of accommodation(s)?

          Ongoing Evaluation of Accommodation(s) Used by Student in the Classroom:
             a. Is the student willing to learn to use the accommodation(s)?
             b. Are there opportunities for the student to learn how to use the accommodation(s) in
                classroom settings?

          Be sure that:
          (a) the student is being offered differentiated support in classroom instruction and assessments,
          (b) the student is offered appropriate accommodations which do not provide them with undue
          support with the construct being assessed, and
          (c) the day of the assessment is not the first time the student encounters the accommodation.

Step 4.          Consider procedures for administering the accommodation(s).

         Please refer to the next 2 sections: V and VI
         Are there any implementation requirements for the accommodation(s) which might preclude its
          selection for use by the student in this school?

Step 5.          Check your work and fill out the Educational Learning Plan (ELP) with
                 Appropriate Accommodations

                 a. Will the accommodation(s) assigned to this student enable the student to show what
                    he/she really knows? If yes, then allow the accommodation(s) to be used.
                 b. Will the accommodation(s) change what the test is trying to measure? If yes, then do
                    not allow the accommodation(s) to be used.
                 c. Make sure you fill out an Educational Learning Plan (ELP) for each student that is to
                    receive an accommodation.

V.           Additional Reminders about Assigning Accommodations

The following provides information on:


                                                                                                              41
                    (1) Accommodations which are not allowable with the ISAT (e.g., modifications/adaptations),
                    (2) LEP students who have IEPs, and
                    (3) The provision of accommodations with the Idaho English Language Assessment (IELA).

                    1) Reminder about adaptations (which are NOT allowable)
                       Modifications, or adaptations, invalidate the test results. If adaptations are used, the student is
                       deemed not proficient and will not be counted towards participation.

                                  Examples of modifications/adaptations:
                                      Clarifying, translating, or reading test items
                                      Reading a Reading test to a student
                                      Answering questions about test items any time during the test, even without giving the
                                        answers
                                      Defining words for the student
                                      Using dictionaries that provide definitions
                                      Translating the entire test into student’s native language
                                      Allowing the student to complete the IELA, DWA or DMA in a language other than
                                        English

                    2)      If the LEP student also qualifies as Special Education, please refer to the accommodations
                             documented on the student’s IEP as well as providing the appropriate linguistic accommodations
                             listed in this policy.

                    3) Unless the LEP student has an IEP or 504 plan on file, that student will not receive accommodations
                       on the Idaho English Language Assessment (IELA), as it is a measure of the English language
                       ability of an LEP student. Appropriate accommodations for the IELA are listed in the IELA Test
                       Coordinator Manual.

                           VI.                 Administration Directions for Accommodations Allowed for LEP Students

                    Each school must determine the accommodations for each individual student according to his/her needs.
                    Accommodations with an asterisk (*) must be marked on the ISAT student enrollment form and are
                    tracked across the state.

                    Specific administrative directions associated with each accommodation in this policy are found in the
                    following table.

                    Table 2: Detailed Administration Directions for Each LEP Responsive Accommodation

                                                                             Special
                                                                                                                            Special
                                Reference                               Instructions Prior   Ref
                                                         English                                    Native Language    Instructions Prior
                                   Code                                       to the         Code
                                                                                                                       to the Assessment
                                                                          Assessment
Direct




                                        ORAL
         Lingu


                         Supp




                                        1             Provide Audio
                 istic


                                ort -




                                                                                                                                      42
                                                   Provide audio version of
                                                                                                                    Provide oral/audio-
                                                        assessment.*
                                                                                                                  recorded test directions
                                                                                                                    in native language.           Teacher must be
                                                     This accommodation
                                                                                                                                                  fluent in the native
                                                  replaces human readers to
                                                                                                                 This accommodation is not        language, as
                                                  read and audio devices to      Students who
                                                                                                                  administered through the        determined by the
                                                     record/play back test       need the audio
                                                                                                                    testing vendor for the        district, to provide
                                                      components. This           version of the
                                 ACC 1.1                                                               ACC 1.2    ISAT; rather each district      oral directions or to
                                                       accommodation is          ISAT must be
                                                                                                                     would provide oral           audio record. This
                                                   administered through the      identified prior to
                                                                                                                 assistance or audio taped        accommodation is
                                                  testing vendor for the ISAT.   the assessment.
                                                                                                                      for test directions.        not for test item
                                                      Students must have
                                                                                                                   Translations of overall        directions, just
                                                      headphones. This
                                                                                                                 directions must be done by       overall directions.
                                                     accommodation is not
                                                                                                                 personnel who have native
                                                   available for the Reading
                                                                                                                    language proficiency.
                                                             ISAT.

                                              2   Provide Oral Clarification

                                                                                                                     Clarify/explain test
                                                                                                                    directions in native
                                                                                                                          language.               Teacher must be
                                                                                                                                                  fluent in the native
                                                                                                                 Clarification of test items is   language, as
                                                                                                       ACC
                                                                                                                 considered an adaptation.        determined by the
                                                                                                       2.2
                                                                                                                 This accommodation is to         district, to clarify
                                                                                                                      clarify overall test        test directions.
                                                                                                                 directions only and should
                                                                                                                   be based on individual
                                                                                                                        student need.
                         Support -




                                                       Provide Written
         Linguisti




                                     WRITTE
Direct




                                              3
                                              N
                     c




                                                         Clarification




                                                                                                                                                                         43
                                                                                                         Provide written test
                                                                                                         directions in native
                                                                                                              language.
                                                                                                                                    Translated test
                                                                                         ACC                                        directions must be
                                                                                                      This accommodation is to
                                                                                         3.2                                        standardized
                                                                                                          clarify overall test
                                                                                                                                    across the district.
                                                                                                     directions only and should
                                                                                                       be based on individual
                                                                                                            student need.
                                            Provide Reference
                                   4
                                                 Materials
                                                                    Each district
                                                                    should
                                        Provide district approved                                    Provide district approved      Each district should
                                                                    standardize the
                                        English word-to-word                                         bilingual word-to-word         standardize the
                                                                    dictionaries
                                        dictionary. *                                                dictionary.*                   dictionaries allowed
                                                                    allowed for
                                                                                         ACC                                        for classroom and
                              ACC 4.1                               classroom and
                                        The word-to-word                                 4.2         The word-to-word               testing purposes.
                                                                    testing purposes.
                                        dictionary may not define                                    dictionary may not define      Please refer to the
                                                                    Please refer to
                                        words and may be                                             words and may be               State approved
                                                                    the State
                                        electronic or paperback.                                     electronic or paperback.       dictionary list.
                                                                    approved
                                                                    dictionary list.


                                         Provide Extended Time
                                   5
Indirect Linguistic Support




                                                                    Reactivations within the same school day are allowed at the discretion of the
                                                                    building test coordinator or principal. Overnight reactivations must be pre-
                                        Reactivation of
                              ACC 5                                 approved by the ISAT Program Manager at the State Department of Education.
                                        Assessment *
                                                                    A reactivation will only be approved for an LEP student if extended time is in their
                                                                    Educational Learning Plans (ELPs).
                                        Provide Test
                                   6    Administration
                                        Practices




                                                                                                                                                       44
                              Test administration practices are not specific to LEP students’ linguistic needs;
                              however they may be essential for the LEP student to help with test anxiety, or
                              lack of familiarity with testing. These test administration practices for LEP
                              students will be locally determined by the school test coordinator and they should
                              be consistent across the school site.


                              • Administer test in a location with minimal distraction
                              • Administer test in small group
ACC 6   Test administration
                              • Administer test individually
            practices*
                              • Preferential seating
                              • Face student during test administration
                              • Multiple or frequent breaks
                              • Early administration of the assessment (i.e. in the morning)
                              • Prompt the student to stay focused on the test, move ahead, or read the entire
                              item
                               Allow the student to read questions out loud in order to stay focused




                                                                                                                  45
                                         Appendix A
    Directions for the Test Administrator from the School LEP Accommodations Decision
                                        Making Team

    The school LEP accommodations decision making team should complete columns A and B
     of this document; the test administrator should complete columns C and D.
    Please return this form to the school’s test coordinator. The test coordinator will then ensure
     that the form is placed in the students’ files after the completion of the assessment.
    This form may be modified and/or photocopied. Districts may also use this as a sample to
     create their own document.

Dear Test Administrator,
Our school team which determines accommodations for LEP students has concluded that the
LEP students to whom you are administering the ISAT on ______________ are allowed to use
the following accommodations. During the test, you may provide the following accommodations
for the students listed:

           A                       B                         C                       D
    Student Name(s)        Accommodation(s)          Accommodation(s)         Test Administrator
                          Allowed by Decision-        Provided During             Comments
                           Making Committee             Assessment




                                                                                                 46
47
B. Educational Learning Plan (ELP)

An ELP is required for any student who has an accommodation on a state-wide or district-wide
assessment. Any assessment accommodation given must be an accommodation that a student
receives during regular classroom instruction and regular classroom testing. A student may not
receive accommodations on any assessment if that specific accommodation is not documented in
the ELP and provided in the classroom. The intention is that every school evaluates the specific
individual needs of each LEP student and is helping the student daily, rather than just on
assessments. The ELP also helps to provide every teacher with valuable information regarding
how to serve each of their LEP students. It is recommended that every LEP student has an ELP
on file, even if that particular student is not given accommodations in the classroom.

Below are sample ELPs in English and Spanish that a district may adopt or adapt:




                                                                                             48
             Educational Learning Plan (ELP) and Assessment Accommodations
                       for Limited English Proficient (LEP) Students
                            Idaho Law: IDAPA 08.02.03 - 111.04
School Year:
A. District and School Information
 District Name:
 School Name:
 ELP Team Contact Names:
                                  District staff name here  School staff name here


B. Student information
 Student Name                                     Gender
 District ID Number                               Country of Origin
 Grade                                            Native Language

C. LEP Qualifier (Check all that apply)
    Home language       Statewide Assessments -        Teacher Observation - Classroom Grades
 other than English     Score
 (HLS on file)                                            Language Arts/Reading _____
 YES___* NO____             IRI – Score__________         Math ________
    IELA Language           ISAT/R-LU __________          Science ________
 Assessment*                ISAT /Math__________          Social Studies _______
 Score____________          Other _______________         Other ______________
 * Required Qualifiers      Other _______________




                                                                                        49
    D. Participation in Assessments
     State Testing           1 - Audio                                         LEP Status
     Accommodations 1.1 Audio Version                                            LEP
     (*Must review       1.2 Test Directions recorded in Native Language
                                                                                         nd
     allowed                 2 - Oral Clarification in Native Language (2.2)                  year
     accommodations           3 - Written Clarification in Native Language
     annually in Test    (3.2)                                                    ELL-W (waived
     Coordinator’s                                                             from Title III funded
                             4 – Reference Materials
     Manual on SDE                                                             LEP services – still
                         4.1 English word to word dictionary
     website)                                                                  must be served and
                         4.2 Bilingual word to word dictionary
                                                                               tested)
                               5 - Reactivation of test/extra time (Not
                         permissible on timed tests, eg. IRI)
                             6 - Provide Test Administration practices         Date of Entry into
                             Other (for classroom level instruction only /     LEP Program
                         adaptation on                                         _____/_____/______
                         assessment)______________________
                         ___________________________________________


     State Testing           Alternate Graduation Route                Exemption Category
     Exemptions            __________________________________             LEP - Year 1-2
                                                                          Other _____________

    E. Instructional Program
Program Model                Specific English Language Classes (pull- out ESL, etc) ____ X /week
                             (Accommodations in the classroom and tutoring and/or ESL)
Frequency of Instruction:   Classroom Accommodations and/or Adaptations Only ____X /week
                              (Accommodations by the classroom teacher only)
_____ days / week
                              Sheltered English Instruction in Academic classes         ____X /week
_____ hours / day             (“Sheltered” designated class delivered by a teacher trained in the SIOP®
                              model)
                              Other ______________________________________               ____X /week
                              (Please indicate what program of service the school is providing for the
                              student)
Classroom Strategies
and/or                       ____________________________________________
Accommodations               ____________________________________________
                             ____________________________________________
(Include at least 3 -5
                             ____________________________________________
classroom strategies
                             ____________________________________________
which will ensure
equitable access to core
curriculum by the
classroom teacher.)




                                                                                                 50
       F. Language Goals and Benchmarks
Date Tested Statewide Language    Language Domain                Spring/Fall 201__     Spring 201__
             Assessment                                                                Goal
                                                                            Level              Level
                                                                 Score                 Score
                                                                            (1 – 5)            (1 – 5)
                                       Listening
                                       Speaking
                                       Reading
             _____________             Writing


Language Domains: Oral (Listening, Speaking) Reading, Writing
Language    Two Benchmarks for Each Domain                                            Date to Be
Domain      The goal is for LEP students to move up one level of language proficiency Completed
            per year.
Listening   1.
               2.
Speaking       1.
               2.
Reading        1.
               2.
Writing        1.
               2.

       Criteria for Exiting the LEP program –
            Score at the Early Fluent+ (EF+) level on each individual domain of the Idaho English
       Language Assessment (IELA); AND one of the following:
            Receive an IRI score of at least a 3, or an ISAT score that meets the “Basic” level; OR
                                  mainstream content curriculum in one of the following ways:
           i.Elementary: Consistent proficient scores on grade level bench-mark unit assessments;
             or
          ii.Secondary: Core content area GPA (non-modified) of 2.0; or
         iii.Teacher observations with supporting portfolio of student classroom work.

       G. Other Considerations
         Please include any other considerations or determinations necessary for the LEP student’s
         success.




                                                                                                51
   H. Documentation of student ELP meetings and team members (Name and Position)
     Must include: Parent/Guardian, Teacher(s), Principal or Vice-Principal, District ELL
     Consultant




Description of Information – How to fill out this form

   A. District Information
      Please fill out all district information specific to the district where the LEP student
      attends.
   B. Student Information
      Please fill out all information specific to the LEP student.
   C. LEP Qualifier
      Please fill out the information indicating what the qualifier is for the student to be in the
      LEP program. Any student identified as LEP MUST (1) have a home language other
      than English, and (2) score below the proficient level on the IELA. If there is another
      qualifier used as well, please indicate this on the form.

       If a student does qualify for an LEP program, notification must be given to the parents, in
       the home language to the extent practicable, giving the parents the information regarding
       the program of service, in addition to the right to waive services for their child, if desired.

                                                                                                   52
D. Participation in Assessments
   Please fill this section out indicating how this student will participate in assessments.
   These are the accommodations that a student will have within the regular classroom,
   which will transfer to the assessments. A student who is not given a certain
   accommodation in the classroom may not be given that accommodation on any
   assessment. An accommodation list can be found in the Accommodations section in this
   manual.
   An LEPX student is an LEP student who has been exited from the LEP program and is on
   monitoring status. A student may only be coded as LEPX for 2 years. After those 2
   years, any LEP designation for those students must be removed. ELL-W is the new
   coding for students whose parents have waived Title III funded services. These students
   will still be served according to their needs and annually tested on the IELA.
E. Instructional program
   Please indicate in this section what program of service this student will receive. This will
   ensure that everyone who may see that student is aware of the program of service. Please
   also indicate how much time per day and how many days per week that student will be
   receiving those services. A program of service should be tailored to meet the needs of
   the student and a student may need several types of instruction.
F. Language Goals and Benchmarks
   The goals for each student must be measurable and related to the needs described in the
   present level of educational performance. The goals must describe what a student is
   reasonably expected to accomplish within the period of the ELP, which would most
   likely be one year; however, it could include the student’s remaining time in the LEP
   program. Realistic goals for English language learners can be to gain one level of
   language proficiency per year. At the intermediate level, ELL students may need more
   time, as this is a point in language acquisition that ELL students level out and generally
   take longer to master these skills. Goals and benchmarks should contain the 4 domains of
   language: listening, reading, speaking and writing and can be pulled from the new (July
   2006) English language proficiency (ELP) standards for the grade level of the student.

   Progress towards goals: Regular assessments, teacher consultations and meetings will
   determine how an LEP student is progressing towards goals. Such progress should be
   documented as well and placed in the student’s file.
G. Criteria for Exiting the LEP program
   The criteria mentioned here is state guidance for exiting a student from the LEP Program.
   The criteria suggest documentation of two different measures to determine whether a
   student is ready to exit the LEP Program. An EF+ (Early Fluent or above) on each sub-
   domain is required before exiting, as the IELA is the main indicator of language
   proficiency in the four domains of listening, speaking, reading and writing.

   As a second measure, there are multiple areas that a school can use as a benchmark.
   Once a student has met the IELA proficiency level and one other criteria, then they
   should be exited. Students should not remain in a language development program if they
   no longer need English language specific assistance. A student should not necessarily be
   kept in an LEP program if they are proficient in English, but not yet at the “Proficient”
   level on the ISAT. These are two different measures of achievement. If a student is
   proficient in English, but is not meeting proficiency on the ISAT, the school should look
   further into why that student is not achieving. If it is in fact a language issue, then that
   student does need more intensive English language instruction. If it is not a language
   issue, then that student may need other supplemental services. However, a student should
                                                                                             53
   indeed reach the “Basic” level of proficiency on the ISAT before they are considered to
   be exited from the LEP program.
H. Other Considerations
   Please include any other considerations or determinations necessary for the LEP student’s
   success. The ELP team may want to include information regarding the present levels of
   educational performance in the areas of need and how the student’s language ability
   affects his/her involvement and progress in the classroom and education curriculum.
I. Documentation of student ELP meetings and team members
   Please document the members of the team present and attendance if subsequent meetings.
   Parents should be invited to any meetings. It is required that parents are informed of the
   decisions made in the ELP. The student and parents must be given the option to either
   consent or decline the special services determined for the LEP student. All notifications
   to parents of LEP students must be given in a home language – to the extent practicable.




                                                                                          54
          Plan Educacional de Aprendizaje (ELP) y Acomodación de Exámenes
                    Para Estudiantes con un Ingles Limitado (LEP)
                        Ley de Idaho: IDAPA 08.02.03 - 111.04

Año Escolar:                       Fecha:

  A. Información del Distrito y la Escuela
Nombre del Distrito:
Nombre de la Escuela:
Contacto del Equipo ELP:         Personal del distrito aqui   Personal escolar aqui

  B. Información del Estudiante
Nombre del                                         Genero
Estudiante
Distrito ID #                                      País de Origen
LEP #                                              Lenguaje Nativo

Estado Único ID #                                  Grado

  C. LEP Calificación (Señalar todo lo aplicable)
   Lenguaje en el hogar Exámenes Estatales -        Observación del Maestro
aparte del ingles       Puntuación                  Puntuación en Clase
(Cuestionario sobre el     IRI ___________________    Lenguaje /Lectura _____
Lenguaje conservado        ISAT/Lectura ___________   Matemáticas ________
en archivo) YES___*        ISAT                       Ciencias ________
NO____                  /Lenguaje__________           Estudios Sociales _______
   ELL Prueba de Nivel     ISAT                       Otro ______________
*                       /Matemáticas________
Fecha del examen_____      ISAT
Puntuación__________ /Ciencias___________
* Calificación             DMA__________________
      Requerida            DWA__________________
                           IELA
                        __________________




                                                                                      55
   D. Participación en Exámenes (Actualización Colocación 10/2009)
Examen Estatal         1 - Audio                                            Categorías LEP
Acomodaciones* 1.1 Versión de Audio                                            LEP
                   1.2 Instrucciones del Examen Grabadas en Lenguaje           LEP 1 (primer año)
*Debe revisar      Nativo                                                      LEPX1 (primer año
las colocaciones       2 – Clarificación Oral en Lenguaje Nativo (2.2)      alejado)
permitidas             3 – Clarificación Escrita en Lenguaje Nativo (3.2)      LEP X2 (Segundo año
anualmente en          4 – Materiales Referentes                            alejado)
el Manual del      4.1 Ingles palabra por palabra diccionario                  ELL-W (los padres
Coordinador de     4.2 Diccionario Bilingüe palabra por palabra             han negado servicios con
Exámenes en la         5 - Reactivación del tiempo extra/examen (No         fundos de Titulo III del
página de Web      permitido en examen cronometrado, Ej. IRI)               Programa LEP—es
del SDE                 6 – Proporcionar practica* Administración           mandatorio servirlos de
                   Examen                                                   otra manera y
                       Otro (para nivel de instrucción en clase             examinarlos)
                   únicamente / acomodación en
                   Examen)______________________
                   ___________________________________________              Fecha de Entrada en el
                                                                            Programa LEP

                                                                            ______/______/________

Examen Estatal            DWA Exención (ELP Aprobado por el Categoría de Exención
Exenciones            equipo)                                  LEP - Año 1-2
                          DMA Exención (ELP Aprobado por el    Otro _____________
                      equipo)
                           Ruta Alternativa de Graduación
                      ______________

   E. Programa Instrucción
Modelo del Programa        Clases Específicas del Lenguaje (apartado ESL, etc.) _____ X / semana
                           (Adaptaciones en la clase y tutoría y/o ESL)
Frecuencia          de     Adaptaciones en Clase y/o Modificaciones Únicamente _____X / semana
Instrucción:               (Adaptación del maestro únicamente)
_____ días / semana            Instrucción/Refugio de Ingles en Clases Académicas        _____X / semana
                               (“Refugio” clase designada y presentada por un maestro entrenado en el
_____ horas / día              modelo SIOP®)
                               Otro ______________________________________              _____X / semana
                               (Por favor indique que programa de servicio escolar es proporcionado al
                               estudiante)




                                                                                            56
Estrategias de Clase y/o     ____________________________________________
Acomodaciones              ________________________________________________
                           ____________________________________________
(Incluye al menos 3 -5     ________________________________________________
estrategias de clase lo    ____________________________________________
cual asegurara acceso      ________________________________________________
equitativo a los sujetos   ____________________________________________
del currículo por el       _________________________________________________
maestro de clase).           ____________________________________________




  F. Metas Lenguaje y Benchmarks
     Fecha   Examen                       Dominio del       Primavera/Otoño       Primavera 201__
     Examen Estatal                       Lenguaje               201__                 Meta
             Lenguaje                                                   Nive
                                                                           l      Puntuaci     Nivel
                                                            Puntuación
                                                                         (1 –       ón        (1 – 5)
                                                                          5)
                    ELL Emplazamiento     Escuchar
                    IELA                  Hablar
                    Otro _____________    Leer
                                          Escribir
                                          Comprensión

      Dominio del Lenguaje: Oral (Escuchar, Hablar) Leer, Escribir
      Dominio Dos Benchmarks por Cada Dominio                                          Fecha para
      del       La meta es para que el estudiante LEP pueda progresar un nivel en      Completar
      Lenguaje     destreza por año.
      Escuchar 1.
                   2.
      Hablar       1.
                   2.
      Leer         1.
                   2.
      Escribir     1.
                   2.


  G. Criterio para retirarse del programa LEP– 2009 Guía
                                                     Soltura Temprana o más alto sin todos
        los dominios evaluados en la Evaluación del Lenguaje Ingles en Idaho (IELA). Esto
        puede resultar que el estudiante reciba una puntuación de 4 o a 5 en el IELA; Y una
        de la siguiente:

                                                                                         57
         Recibir una puntuación de 3 en IRI en grados K-3, o puntuación en ISAT que
      demuestre el nivel “Básico” en los grados 3-8 y 10; O

      representaciones:
                Elemental: Puntuación competente consistente en nivel de grado en
                   unidad evaluada benchmark; o
                Secundario: Área de contenido central GPA (no-modificada) de 2.0; o
                Observaciones de maestros con un portafolio de apoyo del trabajo del
                   estudiante en clase.


H. Otras Consideraciones
  Por favor incluya cualquier consideración o determinación necesaria para le éxito del
  estudiante LEP.




                                                                                      58
   I. Documentación del estudiante ELP reunión y miembros de equipo (Nombre y
      Posición)
      Debe incluir: Padre/Guardián, Maestro(s), Principal o Bice-Principal, Distrito ELL
      Consultante




Descripción de la Información – Como rellenar esta forma

Un ELP es requerido para cualquier estudiante que tenga una acomodación en evaluaciones
generales del estado o del distrito. Cualquier evaluación adaptada proporcionada debe ser una
acomodación que un estudiante recibe durante la instrucción regular de clase. La intención es
que cada escuela evalúe las necesidades de cada estudiante y ayuda al estudiante diariamente
LEP, en lugar de solo en evaluaciones. ELP también ayuda a proporcionar a cada maestro con
información valiosa sobre como atender a cada uno de sus estudiantes LEP. Se recomienda que
cada estudiante LEP tenga un ELP en su archivo, incluso si ese estudiante en particular no recibe
acomodaciones en la clase.

2006 Cambios Legislativos que afectan al estudiante LEP:

H0739: Durante el 1º y 2º año los estudiantes LEP pueden estar exentos de los exámenes DWA y
 DMA si estos estudiantes tienen un ELP en su archivo y un acuerdo del equipo ELP de que el
 estudiante puede ser exento de estos dos exámenes. Estudiantes LEP en su 3er año no
 calificaran para esta exención.

Reglas Gobernando Minuciosamente 08-02-03-0502 111.04.c. Exámenes en las Escuelas
  Publicas. Esta regla cambia/ remueve los 7 años en total que un estudiante LEP puede estar
  en el Programa LEP. Por lo tanto, ya no existe una limitación en la duración de servicios que
  un estudiante pueda recibir, si los servicios son necesitados. Los estudiantes siguen
  manteniéndose responsables por enriquecerse en la adquisición del Lenguaje Ingles y
  contenidos normativos a través de la Evaluación de Idaho del Lenguaje Ingles (IELA) y el
  ISAT. Se supone que un estudiante LEP conseguirá enriquecimiento en el conocimiento del
  Lenguaje cada año. Por consiguiente, si un estudiante es identificado como LEP por mas de 7
                                                                                              59
años, entonces debe existir documentación en el portafolio del estudiante o ELP de (1) por que
este estudiante continua en el programa y (2) que evaluación diagnostica adicional se le ha
proporcionado a este estudiante.

 J. Información del Distrito
    Por favor rellene toda la información específica del distrito al que asiste el estudiante
    LEP.

 K. Información del Estudiante
    Por favor rellene toda la información específica del estudiante LEP.

 L. LEP Calificador
    Por favor rellene la información indicando que calificador demuestra que el estudiante
    pertenece al programa de LEP. Cualquier estudiante identificado como LEP DEBE (1)
    tener un lenguaje materno diferente al Ingles, y (2) dar una puntuación mas baja del nivel
    avanzado en el examen de colocación ELL. Si también existe otro calificador utilizado,
    por favor de indicación en este documento.

     Si el estudiante califica dentro del programa LEP, una notificación debe ser presentada a
     los padres dentro de la duración de 2 semanas de la colocación, en el lenguaje de la
     familia si es posible tal cosa, dando a los padres la información perteneciente al servicio
     del programa, añadiendo el derecho de renunciar a estos servicios para el estudiante, si lo
     desean.

 M. Participación en Evaluaciones
    Por favor rellene esta sección indicando como este estudiante participara en las
    evaluaciones. Estas son acomodaciones que el estudiante tendrá durante la clase regular,
    lo cual se transferirá en los exámenes. Un estudiante al que no se le proporcione una
    relativa acomodación en la clase regular no debe recibir ninguna acomodación en ningún
    examen. Una lista de acomodaciones puede ser encontrada en el manual del coordinador
    de exámenes: http://www.sde.idaho.gov/site/assessment/

     Un estudiante LEPX es un estudiante LEP el cual ha sido alejado del programa LEP y
     esta en situación de se observado. Un estudiante puede ser calificado como LEPX por 2
     años. Después de 2 años, cualquier denominación como LEP en este estudiante debe ser
     descartada. ELL-W es el nuevo código para estudiantes quienes padres han negado
     servicios con fundos de Titulo III del Programa LEP. Es mandatorio servir a estos
     estudiantes según sus necesidades y examinarlos cada año con el IELA.

 N. Programa de Instrucción
    Por favor indique en esta sección que servicio del programa recibirá el estudiante. Esto
    asegurara que cada uno que vea al estudiante tenga conocimiento del servicio del
    programa. Por favor también indique cuanto tiempo por día y cuantos días a la semana el
    estudiante estará recibiendo estos servicios. Un servicio del programa debe ser
    meticulosamente diseñado para proporcionar ayuda en sus necesidades y un estudiante
    puede necesitar diferentes muestras de instrucción.

 O. Metas de Lenguaje y Benchmarks
    Las metas para cada estudiante deben ser medidas y relacionadas con las necesidades
    descritas en el nivel presente de ejecución educacional. La meta debe describir lo que
                                                                                        60
   razonablemente se espera que el estudiante pueda desempeñar dentro del proceso ELP, lo
   cual seria mas probablemente un año, sin embargo puede incluir tiempo remanente del
   estudiante en el programa LEP. Meta realística para aprendices del lenguaje Ingles
   puede superar un nivel en el dominio del lenguaje por año. En el nivel intermedio,
   estudiantes ELL pueden necesitar más tiempo, al ser esto un punto en la adquisición del
   lenguaje para generalmente conseguir dominar este conocimiento. Metas y benchmarks
   deben contener 4 dominios del lenguaje: escuchar, leer, hablar y escribir puede ser
   obtenido desde la nueva normativa de (ELP) Maestría del Ingles (Julio 2006) para el
   nivel de grado del estudiante.

   El progreso hacia la meta: Evaluaciones generales, consultas con maestros y reuniones
   determinaran como un estudiante de LEP esta progresando hacia la meta. Tal progreso
   deberá ser documentado también y puesto en el portafolio del estudiante.

P. Criterio por alejamiento del programa LEP
   El criterio mencionado aquí es indicador del estado para retirar a un estudiante del
   programa LEP. El criterio sugiere documentación de dos medidas diferentes para
   determinar cuando el estudiante esta listo para retirarse del Programa LEP. Un estudiante
   tomando un examen en el nivel Soltura Temprana dentro de cada subdivisión de dominio
   (nivel 4 o 5) en el IELA es requerido antes del apartamiento, puesto que el IELA es el
   indicador principal de la competencia del lenguaje en los cuatro dominios de escuchar,
   hablar, leer y escribir.

   Como segunda medida, existen múltiples áreas que la escuela puede utilizar como
   benchmark. Una vez que el estudiante consiga el nivel de dominio IELA y otro criterio,
   entonces debe ser retirado. Los estudiantes no deben permanecer en un programa de
   desarrollo en el lenguaje si no tiene necesidad de una asistencia específica en el Ingles.
   Un estudiante no necesariamente debería estar en el programa LEP si domina el ingles,
   pero tampoco en el nivel de “Competente” en ISAT. Estas dos diferentes medidas de
   conocimiento. Si un estudiante es competente en ingles, pero no ha conseguido
   Suficiencia en ISAT, la escuela debería analizar por que el estudiante no esta
   adelantando. Si es en realidad un problema de lenguaje, entonces el estudiante necesita
   más intense instrucción en el lenguaje de ingles. Si no es relacionado con el lenguaje,
   entonces este estudiante puede necesitar otro servicio suplementario. Sin embargo, un
   estudiante debe realmente alcanzar el nivel “Básico” de conocimiento en el ISAT antes
   de ser considerado para retirarse del programa LEP.

Q. Otras Consideraciones
   Por favor incluya cualquier otra consideración o determinación necesaria para
   incrementar el éxito del estudiante LEP. El equipo de ELP puede incluir información
   referente al nivel educacional actual en las áreas de necesidad y como le afecta al
   estudiante la habilidad de lenguaje en su progreso de desarrollo en la clase y en el
   currículo educacional.

R. Documentación del estudiante ELP reuniones y miembros del equipo
   Por favor documente a los miembros del equipo presentes y su asistencia en reuniones
   subsiguientes. Los padres deberían ser invitados a cualquier reunión. Es un requisito que
   los padres sean informados de la decisión tomada en el programa ELP para el estudiante,
   y los padres deben ser anunciados con la opción de consentir o declinar los servicios

                                                                                          61
       especiales determinados para el estudiante LEP. Todas las notificaciones enviadas a los
       padres de un estudiante LEP deben ser presentadas en su lenguaje nativo a ser posible:
       http://www.boardofed.idaho.gov/lep/documents/ParentalnotificationReq_001.doc


C. Statewide Assessments: Idaho Standards Achievement Test (ISAT), Idaho English
Language Assessment (IELA), Idaho Reading Indicator (IRI)

LEP students must take the ISAT, IELA, and IRI tests. However, there are some exceptions for
LEP students, which are described below. All tests should be given in English; however, the
Spanish IRI may be given to determine fluency in the native language and to assist with student
educational learning plans. A person who scores a 3-4 on the Spanish Woodcock-Munoz is able
to administer the Spanish IRI for a student.

ISAT
All LEP students must take the ISAT. However, if a student is coded LEP1, which means that
they are new to a U.S. school within the past 12 months before testing, they may be exempt from
the Reading and Language Usage ISATs. Those LEP1 students still must take the Math ISAT
and the Science ISAT so they are counted for participation purposes, but will not be counted for
proficiency (AYP) calculations. All other LEP students will be coded as LEP and take all ISAT
tests. LEPX, students who are exited from an LEP program and who are in their 2-years of
monitoring, will be counted in the LEP subgroup for proficiency calculations, only if they are
specifically coded as LEPX. It is imperative that all districts code their LEP students correctly
on all tests, including the ISAT.

In 2006, a Legislative change in rulemaking was made that affects LEP students on the ISAT.

Rules Governing Thoroughness 08-02-03-0502 111.04.c. Assessment in the Public Schools.
This rule change removes the 7 year total that an LEP student may be in an LEP Program.
Therefore, there is no longer a limitation on how long a student should be given services, if the
services are needed. Students will still be held accountable for growth in English language
acquisition and content standards through the Language Proficiency Test and the ISAT. It is
assumed that an LEP student will achieve growth in language proficiency each year. Therefore,
if a student is identified as an LEP student for more than 7 years, there must be documentation in
that student's file or ELP of (1) why that student is still in the program and (2) what additional
diagnostic testing that student has been given.

Therefore, students should be tested on the ISAT and coded as LEP as long as they are in the
program. Please reference the accommodations list above for LEP students on the ISAT. If
adaptations are used, the student is deemed not proficient and will not be counted towards
participation. Translation into another language of any assessment, including the ISAT, is an
adaptation and is not permitted. Most states that have provided for an alternate language
achievement test (i.e. the ISTA in Spanish) are starting to do away with those tests, as their
students are not necessarily scoring higher on them. A student must be consistently instructed in
the specific language of the assessment for it to be valid.

Examples of adaptations:
     • Clarifying, translating, or re-reading test items and test item directions
     • Reading a Reading test to a student

                                                                                               62
       • Answering questions about test items any time during the test, even without giving the
           answers
       • Defining words for the student
       • Using dictionaries that provide definitions
       • Translating the entire test into student’s native language

Idaho Reading Indicator (IRI)
All LEP students, including LEP1 (new to a U.S. school within the last 12 months), must take
the IRI. All LEP students who are eligible for services because of their IRI score must be given
services.

The Idaho Reading Indicator (IRI), enacted by the Legislature, is intended to ensure that all
children master the skills they need to become successful readers. The IRI is given to students in
grades K through 3 three times per school year. A test administrator is chosen and trained by the
school district and will test students individually using the 10-minute IRI. Teachers and
principals review the student’s results and notify parents if the student is having difficulty with
any of the reading skills.

       More information on these tests can be found at the State Department of Education:
       http://www.sde.idaho.gov/site/assessment/




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                                  V.
       Instructional Approaches and Curriculum for LEP Students

LEP Instructional Approaches and Curriculum
There are many ways for a district or school to teach English to non-English speakers. It is not
the purview of the state to determine which program or curriculum package would work best for
all districts; however, it is a federal requirement that any program of service or curriculum
provided to LEP students is researched based.

Please note that an instructional approach (program of service) and curriculum are not the same
thing. However, the manner in which instruction is provided and the curriculum that is
purchased and implemented go hand in hand to successfully serve LEP students. Each year
Idaho holds a curriculum adoption. Any core curriculum for LEP students must be on the lists
approved      by       the     state.          Those     lists    can      be     found      at:
http://www.sde.idaho.gov/site/curricular_materials/adoption_guide.htm
.

Materials used as a resource and not “core” do not need to be on the approved list; however,
some are adopted on the lists specifically as resource materials.

In addition to curriculum, there are some instructional approaches that are research based and
have proven to be successful. Please keep in mind that no instructional approach will have
complete success if not implemented with fidelity. Teachers can be trained in a specific
approach, but if they do not implement it or implement it correctly, then it is money and time
wasted.

The following are several approaches that have proven successful, but are not a comprehensive
listing. There is a lot of overlap within the approaches themselves and several approaches should
be used within a single building. Any of the approaches listed below can be used within specific
program models such as:

(1) in the classroom in a “push-in” setting (teachers assist English language learners with
differentiated instruction within the classroom so that the English learners are able to access the
curriculum presented);
(2) in a pull-out setting (students would be pulled out of the general classroom to receive
intensive English instruction);
(3) in a bilingual program (a bilingual program is a generic term for a classroom that provides
instruction in 2 different languages. Mere translation into another language is not considered a
bilingual program, rather the 2 languages must be separated by time, by location, by teacher, or
by subject);
(4) dual language program (one type of bilingual program that focuses on language proficiency
in 2 different languages);
(5) newcomer program (a newcomer program focuses on serving the students new to English in
an intensive setting. Newcomer programs can be located within a school or be in a separate
location; however a district must ensure that their newcomer program is in compliance with the
state and with the Office of Civil Rights).
                                                                                                64
A program model, as in any above, would not be successful if not coupled with a specific
instructional approach to teaching LEP students specifically. You can have a bilingual teacher
and call it a bilingual program, but what are the students learning?

1.       The Natural Approach
In this approach (Krashen and Terrell, 1983), students acquire new vocabulary through
experiences and associations with the words, as such words are employed in a meaningful
context. Extended listening experiences include physical response activities, use of vivid pictures
to illustrate concepts, and active involvement of the students through physical contact with the
pictures and objects being discussed by means of choice-making, yes-no questions, and game
situations.

2.      The Cognitive Academic Language Learning Approach
The Cognitive/Academic Language Learning Approach (CALLA) (Chamot & O’Malley, 1994)
assists in the transition from a language arts program in which content is made comprehensible
through the use of ESOL strategies to the “mainstream” language arts curriculum by teaching
students how to handle content area material with success. CALLA can help intermediate and
advanced students in understanding and retaining content area material while they are increasing
their English language skills.

3.     Whole Language Approach
In a Whole Language Approach, linguistic, cognitive, and early literacy skills are developed in
an integrated fashion. Instructional strategies for a Whole Language Approach include the four
language skills of listening, speaking, reading, and writing (Goodman, Goodman & Hood, 1989).

4.     Language Experience Approach
The goal of the Language Experience Approach (LEA) is to have students produce language in
response to first-hand, multi-sensorial experiences. The LEA uses the students’ ideas and their
language to develop reading and writing skills.

Steps for Using the Language Experience Approach in the Classroom (Dixon & Nessel, 1983):

       Step 1: Providing the Experience/Motivation
       An experience story is based on an experience the teacher and students share.
       Step 2: Facilitation Language Production
       Immediately following an experience, students need to interact with each
       other to discuss the experience and what it meant to them.
       Step 3: Creating a Personal View Representation
       The teacher has the students draw or paint a picture about something
       interesting about the activity.
       Step 4: Retelling Events/Reactions
       A volunteer is selected to share his or her picture with the group.
       Step 5: Writing Students’ Statements
       The teacher asks each student a question and records his/her answer, writing
       on the chalkboard exactly what the student says, using large manuscript
       letters. After writing each statement, the teacher reads it back to the group for
       confirmation. When four or five statements are on the board, the students
       decide their sequential ordering. The statements are then numbered and

                                                                                                65
       transferred to a sentence strip, and the students correctly arrange the strips on
       a chart holder.
       Step 6: Reading
       After the chart or individual statements have been completed, students read
       their statements to each other and to the teacher.
       Step 7: Writing
       As students develop writing skills, they copy the story into their notebooks or
       on lined paper.
       Step 8: Follow Up with Activities
       The story may be reread on several subsequent days either by the teacher, the
       students, or both. Students can also save the story with other language
       experience class stories to form their own class book for later reading.

5.     SIOP® Approach (Sheltered Instruction or Specially Designed Academic Instruction
in English – SDAIE)
The specific SIOP® (Sheltered Instruction Observation Protocol) model is a combination of
content-based ESL/Structured Immersion and Sheltered Instruction. The SIOP® model is useful
as a part of a program for pre-service and in-service professional development; as a lesson
planner for sheltered content lessons; as a training resource for faculty; and as an observation and
evaluation measure for site-based administrators, supervisors of student teachers and researchers
who evaluate teachers. There are eight components to the SIOP® model:
       Component1: Lesson Preparation
       Component 2: Building Background
       Component 3: Comprehensible Input
       Component 4: Strategies
       Component 5: Interaction
       Component 6: Practice/Application
       Component 7: Lesson Delivery
       Component 8: Review and Assessment

More information regarding the SIOP® model, including trainings and materials can be found at:
http://www.siopinstitute.net/ or http://www.cal.org/siop/ .




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                                        VI.
                      Staffing and Professional Development

Staffing and Professional Development

All districts that have one or more LEP students are required to provide professional
development to teachers and administrators regarding research-based programming on how to
serve LEP students. If the district or school decides that a classroom or content teacher will
support the LEP student(s) then it is the district’s responsibility to ensure that that teacher is
implementing everything to successfully serve that student.

In addition to the specific LEP teachers, all staff at the school plays a vital role in the success of
the LEP students. From the registrar on the first day of school to the building administrators,
everyone must be trained in how to work with LEP students and everyone in the building should
be held accountable to serving LEP students appropriately. It is not solely the responsibility of
the LEP teacher or aide to make sure those students are served properly and successfully. Every
teacher and staff member who an LEP student sees throughout the day (specifically in the middle
and high school setting) are required to serve that student. Bottom line: it is everyone’s
responsibility to serve LEP students, and all staff should be provided appropriate professional
development.

Section 3115(c)(2) to provide high-quality professional development to classroom teachers
(including teachers in classroom settings that are not the settings of language instruction
educational programs), principals, administrators, and other school or community-based
organizational personnel, that is —

(A) designed to improve the instruction and assessment of limited English proficient children;

(B) designed to enhance the ability of such teachers to understand and use curricula, assessment
measures, and instruction strategies for limited English proficient children;

(C) based on scientifically based research demonstrating the effectiveness of the professional
development in increasing children's English proficiency or substantially increasing the subject
matter knowledge, teaching knowledge, and teaching skills of such teachers; and

(D) of sufficient intensity and duration (which shall not include activities such as one-day or
short-term workshops and conferences) to have a positive and lasting impact on the teachers'
performance in the classroom, except that this subparagraph shall not apply to an activity that is
one component of a long-term, comprehensive professional development plan established by a
teacher and the teacher's supervisor based on an assessment of the needs of the teacher, the
supervisor, the students of the teacher, and any local educational agency employing the teacher.

More information can be found within the Title III Law from U.S. Department of
Education website: http://www.ed.gov/policy/elsec/leg/esea02/pg41.html.



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                                  VII.
             Equal Access to Other School District Programs

1. Private School Participation in Title III Programs Authorities

No Child Left Behind Act of 2001, Title IX, Part E, Secs. 9501-9506
Education Department General Administrative Regulations (EDGAR), Part 76, Secs. 76.650-
76.662

Statutory and Regulatory Requirements

      After timely and meaningful consultation with appropriate private school officials, local
       education agencies (LEAs) receiving Title III funds must provide educational services to
       limited English proficient (LEP) children and educational personnel in private schools
       that are located in the geographic area served by the LEA.
      To ensure timely and meaningful consultation, the LEA must consult with appropriate
       private school officials during the design and development of the Title III program on
       issues such as:
           1. How the LEP children's needs will be identified.
           2. What services will be offered.
           3. How, where and by whom the services will be provided.
           4. How the services will be assessed and how the results of the assessment will be
               used to improve those services.
           5. The size and scope of the services to be provided to the private school children
               and educational personnel.
           6. The amount of funds available for those services.
           7. How and when the LEA will make decisions about the delivery of services,
               including a thorough consideration of the views of the private school officials on
               the provision of contract services through potential third-party providers.
      Title III services provided to children and educational personnel in private schools must
       be equitable and timely and address their educational needs.
      Funds provided for educational services for private school children and educational
       personnel must be equal, taking into account the number and educational needs of those
       children, to the funds provided for participating public school children.
      Title III services provided to private school children and educational personnel must be
       secular, neutral, and non-ideological.
      LEAs may serve private school LEP children and educational personnel either directly or
       through contracts with public and private agencies, organizations and institutions.
      The control of funds used to provide services and the title to materials and equipment
       purchased with those funds must be retained by the LEA.
      Services for private school children and educational personnel must be provided by
       employees of the LEA or through a contract made by the LEA with a third party.
      Providers of services to private school children and educational personnel must be
       independent of the private school and of any religious organization, and the providers'
       employment or contract must be under the control and supervision of the LEA.
      Funds used to provide services to private school children and educational personnel must
       not be commingled with nonfederal funds.



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2. Frequently Asked Questions Regarding Equal Access

What is meant by "equitable" participation by public and private school students and
educational personnel in a Title III program?

Participation is considered to be equitable if the district (1) assesses, addresses and evaluates the
needs and progress of public and private school students and educational personnel on a
comparable basis; (2) provides, in the aggregate, approximately the same amount of services to
students and educational personnel with similar needs; (3) spends an equal amount of funds to
serve similar public and private school students and educational personnel; and (4) provides both
groups of students and educational personnel equal opportunities to participate in program
activities.

Must a district’s Title III program design be the same for both public and private school
students and educational personnel?

No. Consultation and coordination between the district and private school officials are essential
to ensure a high-quality program that meets the needs of the students being served and assists
those students in attaining English proficiency and meeting the same challenging state academic
content and student academic achievement standards as all children are expected to meet. The
district must assess the needs of private school students and educational personnel in designing a
program that meets their needs. If their needs are different from those of public school students
and educational personnel, the district, in consultation with private school officials, must develop
a separate program design that is appropriate for their needs.

What recourse is available if a district will not use its Title III funds to provide equitable
services to private school children and educational personnel?

Complaints about a district's failure to provide equitable services to private school children and
educational personnel must first be submitted to the state education agency for resolution. The
state's resolution or failure to make a resolution may be appealed to the U.S. Department of
Education.

Are private school students receiving Title III services required to participate in the English
language proficiency assessments that are required of public school students receiving Title
III services?

Private school students receiving Title III services, like participating public school students, must
be assessed annually for their level of English proficiency in the domains of speaking, listening,
reading, writing and comprehension. Districts, in timely and meaningful consultation with
private schools, are responsible for administering an annual English proficiency assessment that
is agreed upon by the private school. The state assessments may be used, if they are appropriate,
or other assessments, such as those administered by the private school, may be used. In any case,
the assessments must be comparable to those used for the public school students and aligned
with the achievement of the academic content and student academic achievement standards
established by the state or by the private school.

Does the Title III requirement on language qualifications for teachers providing Title III
services to public school students apply to teachers providing these services to private school
students?

Yes. Like teachers serving public school LEP students, teachers providing Title III services to
private school students, whether LEA employees or third-party contract employees, are subject
to the requirement that teachers in a Title III program must be fluent in English and any other
language used for instruction.
                                                                                                  69
                                      VIII.
                        Parent Notification and Involvement

Parental Notification Requirements
No Child Left Behind requires that parents are allowed access to their child’s education and are
given opportunities for involvement. Specifically, the Title III, Language Acquisition program
requires schools to inform parents of LEP students in the following areas:

1. Notification of Placement and Parental Rights

   1. Each District or School serving English language learners shall inform the parents that
      their student(s) has been placed in an instructional program for English language learners,
      no later than 30 days after the beginning of the school year. Or, if the student is
      identified after the beginning of the school year, the district/school shall notify parents
      within the first two weeks of the child being placed in a program for ELL students. The
      notification must include the date it is sent and the date of enrollment of the student.

   2. The following information should be included in the Notification of Placement (Refer to
      section III - 3. Parental Notification and Option to Waive Services of a Title III funded
      program for a sample letter):

      The reasons for the identification, which may include results from a proficiency test,
       other test data, teacher, parent or self-referral. Multiple criteria for identification are
       strongly advised.
      The student’s level of English proficiency, how such level was assessed, and the status of
       the student’s academic achievement. Please include the name of the test and the date the
       test(s) was administered.
      Methods of instruction used in the program in which the LEP student is or will be
       participating in.
      Methods of instruction used in other available programs, including how such programs
       differ in content, instructional goals, and the use of English and a native language of
       instruction.
      How the program in which the student is, or will be participating in, will meet the
       educational strengths and needs of the student.
      How the program will specifically help their child to learn English and meet age-
       appropriate academic achievement standards for grade promotion and graduation.
      The exit requirements, including the expected rate of transition from such program into
       English only instruction classrooms. For secondary school students, also include the
       expected rate of graduation.
      How the program meets the objectives of the individualized education program of a child
       with a disability.
      Information pertaining to parental rights that includes written guidance on
           - the right that parents have to have their child immediately removed from a Title
               III program upon their request;
           - the options that parents have to decline to enroll their child in a Title III program
               or to choose another program or method of instruction, if available;
                                                                                                 70
           -   the assistance available to parents in selecting among various programs and
               methods of instruction, if more than one program or method is offered by the
               district or school.

2. Notification of Failure to Meet Annual Measurable Achievement Objectives (AMAOs)

1. Under separate notification, the district/school must inform the parents of English language
learners participating in the failing program of such failure not later than 30 days after the
district/school is notified of not having made progress on the annual measurable achievement
objectives (AMAOs).

2. Notifications to the parents of English language learners shall be in an understandable and
uniform format and, to the extent practicable, provided in a language that the parents can
understand. The letters do not have to be in English and translation is encouraged. Please contact
the State Board of Education if you are not able to translate the letters.

3. Notification of Parental Rights and Participation

1. Districts/schools must provide information in an effective manner and applicable language,
inclusive of letters, brochures, parent meetings, etc. on how:
    a. Parents can be involved in the education of their children.
    b. Parents can be active participants in assisting their children to learn English and achieve
        the state’s high standards in core academic subjects.
    c. Parents can participate in meetings to formulate and respond to concerns or
        recommendations from parents of English language learners.




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                                           IX.
                                  Exiting and Monitoring

1. Exiting students from the LEP Program

A student is defined as “proficient” in English on the IELA, if the student tests at the Early
Fluent level or above (EF+) within all domains assessed on the IELA.

LEP students will be considered for a transition/exit out of LEP services once they reach
“proficiency”, however scoring proficient alone is not sufficient for exiting out of the program.
The recommended exiting criteria for LEAs in Idaho details that students should:

1. Score at the Early Fluent Level and above (EF+) on each sub-domain on the IELA;

   AND one of the following:

   Receive an Idaho Reading Indicator (IRI) score of at least a 3, or an Idaho Standards
          Achievement Tests (ISATs) score that meets the “Basic” level;
   OR

   Demonstrate access to mainstream content curriculum in one of the following ways:
     - Elementary: Consistent proficient scores on grade level benchmark unit assessments;
        or
     - Secondary: Core content area GPA (non-modified) of 2.0; or
     - Teacher observations with supporting portfolio of student classroom work.

The criteria mentioned here is state recommended guidance for exiting a student from the LEP
Program. The criteria suggest documentation of two different measures to determine whether a
student is ready to exit the LEP Program. A student testing at the Early Fluent level on each sub-
domain within the IELA is required before exiting, as the IELA is the main indicator of language
proficiency in the four domains of listening, speaking, reading and writing.

As a second measure, there are multiple areas that a school can use as a benchmark. Once a
student has met the IELA proficiency level and one other criteria, then they should be exited.
Students should not remain in a language development program if they no longer need English
language specific assistance.

A student should not necessarily be kept in an LEP program if they are proficient in English, but
not yet at the “Proficient” level on the ISAT. These are two different measures of achievement.
If a student is proficient in English, but is not meeting proficiency on the ISAT, the school
should look further into why that student is not achieving. If it is in fact a language issue, then
that student does need more intensive English language instruction. If it is not a language issue,
then that student may need other supplemental services. However, a student should indeed reach
the “Basic” level of proficiency on the ISAT before they are considered to be exited from the
LEP program.

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An LEPX student is an LEP student who has been exited from the LEP program and is on
monitoring status. A student may only be coded as LEPX for 2 years. After those 2 years, any
LEP designation for those students must be removed.

LEP student monitoring should include frequent reviews of test scores, progress reports filled out
by classroom teachers and one-on-one meetings with the student, if necessary.

An exit criteria form can be found below.




                                                                                               73
                                        Exiting Criteria and Form
                              for Limited English Proficient (LEP) Students
                                   Idaho Law: IDAPA 08.02.03 - 111.04.c
The criteria below are state guidance for exiting a student from the LEP Program. The criteria suggest
documentation of two different measures to determine whether a student is ready to exit the LEP Program. This
document should be placed in the student’s file. Please note the following:

        “English Proficiency” = A student testing at the Early Fluent or above (EF+) within each sub test on the
         IELA.
        However, the IELA score of “proficient” should not be the only criteria used in order to exit a student from
         an LEP program (please see criteria below).
        An exited student must be monitored for 2 years (and coded as LEPX). Please keep track of whether the
         student is in their 1st year of monitoring or in their 2nd year. After 2 years, any LEP designation for those
         students must be removed.

Student Name: ____________________________
Student ID:_______________________________
Exit Date: _______________________________
Total Years in an LEP Program prior to exiting: __________

1. Criteria for Exiting the LEP program:
  The student tests at the Early Fluent level or above (EF+) within all domains assessed on the Idaho English
      Language Assessment (IELA);

AND one of the following:

  Receive an IRI score of at least a 3, or an ISAT score that meets the “Basic” level;
OR
  Demonstrate access to mainstream content curriculum in one of the following ways:
           Elementary: Consistent proficient scores on grade level benchmark unit assessments; or
           Secondary: Core content area GPA (non-modified) of 2.0; or
           Qualified teacher observations that are based on language proficiency benchmarks and
               criteria, with supporting portfolio of student classroom work.

2. Other criteria or rationale used to exit the student:
(If a district determines through multiple measures that a student is ready to be exited --or not ready to be exited --
outside of the guidelines stated above, the district must document the rationale here.)




Signature of LEP Coordinator: ____________________________________________________________

Signature of school principal: _____________________________________________________________

Date: ______________________________




                                                                                                                      74
2. Re-classifying previously served LEP students back into the LEP program

There are cases when a student who has been exited out of an LEP program still needs more
assistance, therefore should be placed back into an LEP program. This could happen when a
student tests at the Fluent level on the IELA in the 8th grade and is exited from the program. The
student then moves on to 9th grade and struggles with the academic language in the content
classes.

In this case, or a similar scenario, the district or school should determine whether the student in
fact needs to be place back in to an LEP program. In most cases, this student will still be on the
2 year monitoring status and coded as LEPX. LEPX students are eligible to take the IELA each
spring that they are on monitoring status, however it is not required. It is recommended that
these students be tested, so that further monitoring can take place. Additional forms of
monitoring an exited student would be:
        - classroom teacher observations
        - classroom or unit assessments
        - student work
        - other statewide assessments
        - conversations with the student and parents

If sufficient evidence deems that a particular student needs to be placed back into an LEP
program, then a school must make sure to place all documentation in the student’s cumulative
file.

A reclassification form for the student file should include, but is not limited to the following:

      Date
      Student Name
      Student ID number
      Student LEP number
      Original entry date into the LEP Program
      Exit Date of original LEP Program
      Total previous years in an LEP Program prior to exiting
      Criteria for originally exiting the LEP program
      Reason for placing the student back into the LEP program
      Signature of LEP Coordinator
      Signature of school principal
      Notification letter sent to parents?

Parental notification that the school is placing the student back into a program is required. Parent
permission for services is not required; however, the parent still has the option to waive services
if they so desire. If a parent waives the services, then that documentation should be placed in the
student’s cumulative file.

If the student is placed back in a program, then they will again be coded as LEP for testing
purposes. They would not at this point be eligible for LEP1 status, as they have already spent
time in a U.S. school. A school must document the number of years the student was originally in
the program and the specific date of re-entry into the program. It is imperative that a school and
district know the exact number of years (total) that a student has been in an LEP program.
                                                                                                    75
                                    X.
               Program Evaluation, Review and Improvement

            LEP Program Evaluation – School/District Self Evaluation Guidance

“ A school that is willing to examine itself critically is one that will increase the odds that its
students will succeed.” - Hoachlander and Mandel (1998)

“Evaluation conducted in the service of learning can inform and improve the effectiveness
of our schools. In short, it can add value to our work, not simply yield status reports.” –
Kathleen Fitzpatrick, Program Evaluation: ESL (2002)

“A successful language development program is focused on good instructional practices
implemented consistently within all content classrooms and additional, intensified
instruction for newcomers.” – Molly Jo de Fuentealba, Boise Independent School District
(2006)

   1.   Why evaluate the LEP Program?
   2.   Resources for LEP Program Evaluation
   3.   Using Data to drive decision making for LEP Programs
   4.   Using a School Improvement Planning Checklist for LEP Programs


1. Why evaluate the LEP program?

Office of Civil Rights (OCR)
In determining whether a recipient's program for LEP students complies with Title VI of the
Civil Rights Act of 1964, OCR has used the standard set forth in Castaneda v. Pickard, 648 F. 2d
989 (5th Cir. 1981). Under this standard, a program for LEP students is acceptable if:
    (1) The school system is pursuing a program informed by an educational theory recognized
        as sound by some experts in the field or, at least, deemed a legitimate experimental
        strategy [A Sound Approach];
    (2) The programs and practices actually used by [the] school system are reasonably
        calculated to implement effectively the educational theory adopted by the school
        [Reasonable Implementation];
    (3) The school's program succeeds, after a legitimate trial, in producing results indicating
        that the language barriers confronting students are actually being overcome [Evaluate for
        Outcomes]. Id. at 1009-10.

No Child Left Behind Act (2001)
Sec. 3122. Achievement Objectives and Accountability
Districts and schools are measured according to the percent and number of students (1) making
progress in English language proficiency, (2) attaining English language proficiency and (3)
meeting AYP.




                                                                                                76
State of Idaho
Idaho Statutes 33-1617 states that each District must “formulate a plan in sufficient detail that
measurable objectives can be identified and addressed which will accomplish English language
acquisition and improved academic performance. Moneys distributed to school districts based
upon the population of limited-English proficiency students and distributed to school districts to
support programs for students with non-English or limited-English proficiency shall be utilized
in support of the district plan.”

2. Resources for LEP Program Evaluation

           1. Annual LEP Plan Guidance Document – District LEP Plans must follow the
              format in this document. The questions will help districts walk through what they
              need to consider in order to implement a successful language development
              program.
           2. OCR Resource Materials - For Planning and Self-Assessments of Programs for
              English Language Learners.
           3. Claiming Opportunities Handbook – A Handbook for Improving Education for
              English Language Learners Through Comprehensive School Reform (The
              Education Alliance at Brown University).

3. Using Data to drive decision making for LEP Programs
Data and test scores for each student should be only one way to evaluate if a program is
successful. Professional development, teacher training and solid instruction all help to determine
or drive the “data”. Therefore, there must be an accountability plan in place for all teachers to
begin to implement good teaching strategies aimed at reaching the English language learners in
their classroom. But when a school/district does use the data, make sure to incorporate all
factors/data that will help inform instruction. For example, many 3rd generation Hispanic/LEP
students in a particular school are struggling…why? What will your school do to address this
particular issue?
Below is some of the information that schools should consider when disaggregating data:
            o Race/ethnicity
            o Gender
            o Migrant, Immigrant or Refugee status
            o Free or reduced lunch
            o Individualized Education Plan (IEP) for special education
            o Gifted
            o LEP Program of service
            o 1st year in a U.S. school (LEP1)
            o LEP on 2 year monitoring status (LEPX1 or LEPX2)
            o English language proficiency assessment data (IELA)
            o Academic achievement data
                    Classroom grades
                    ISAT, IRI, other state/district-wide assessments




                                                                                                77
4. Using a School Improvement Planning Checklist for LEP Programs


School/District__________________________________ Date ____________________

Addressing the needs of LEP students is a challenge. Because LEP students are held accountable
for language acquisition and knowledge of academic content area, how do we help students meet
the language and academic requirements at the same time? As each school begins to assess its
programming for LEP students, it is important to remember 3 main points:

      It takes the whole school, including administrators, to address the LEP students. LEP
       students are within the school and school system, not just in a “program”.

      It takes teachers willing and able to give differentiated instruction to meet the needs of
       LEP students. LEP students are required to have content area instruction and are in
       regular classrooms in most districts.

      All students will succeed if kept to high expectations. LEP students are not necessarily
       limited in education.

Please use the following questions to evaluate your programs and services for LEP students. It is
essential that each school keep accurate and up-to-date data for each LEP student. LEP student
growth should be measured through language proficiency testing, as well as academic content
testing and classroom grades.


   Initial Questions to consider to assist LEP students succeed                          Yes No

IDENTIFICATION and ASSESSMENT

Is the school aware of the District’s LEP Plan? Has the school been in contact with
the LEP District contact person? Is the LEP Plan being implemented within the
school?
Is the school administration aware of the legal requirements pertaining to identifying
and placing LEP students? Does every student have a Home Language Survey (HLS)
on file?
Are all LEP students being assessed using the ELL Placement Test and the IELA: (1)
ELL Placement Test/Placement for new students and (2) IELA/spring to determine
growth?
Is the school administration aware of the requirement to address the individual needs
of each LEP student?
Do LEP students have an Educational Learning Plan (ELP), inclusive of language
goals and benchmarks, if they are given accommodations or adaptations within the
classroom and subsequently on assessments?
Is the school using ISAT and language proficiency assessment data to guide
instruction for individual students?


PROGRAMMING and EDUCATIONAL APPROACHES
                                                                                              78
Is the program addressing the needs of LEP students within each content area (i.e.
Math, Science, as well as language acquisition)?
Is the entire faculty and administration aware of the LEP students and their needs
within the school?
Are all teachers utilizing the English Language Proficiency (ELP) Standards as a tool
and entry point in teaching LEP students?
Are the LEP students placed in pull-out ESL classrooms? If so, are they learning
content area vocabulary and skills?
If LEP students are taught within the classroom, are they receiving additional
assistance with language instruction? Are LEP students being served within the
regular classroom?
Are LEP students learning content knowledge and skills, as well as making progress
in learning the English language?
Is the curriculum for LEP students challenging and academic based?
Does the district have a content-based LEP Plan in place? How will the LEP students
learn through their content classes?
Is your school/district providing before/after or summer school programs for LEP
students?
Do the district and school make it a priority to allocate district funding to serve LEP
students?

STAFFING and PROFESSIONAL DEVELOPMENT

Do regular classroom teachers have the resources, skills and knowledge to address
the needs of LEP students in their classroom?
Are content teachers trained in specific methodologies to target LEP students?

If ESL teachers are teaching content area, do they have certification in the specific
content area, as well as their ESL certification?
Are middle and high school LEP students receiving specific attention in each class?

Is there an accountability plan in place for all teachers to take ownership of the LEP
students in their classroom and serve them with good instructional practices?
Is the administration of the school encouraging of all teachers to implement good
teaching practices to help LEP students?
Does the school have mainly paraprofessionals serving the LEP students?

Is the main service for LEP students just translating if possible? Is there academic
learning in the translation?

PARENTAL INVOLVEMENT

Are parents of LEP students given notifications in their home language?
Are parents of LEP students included in decisions within the school?


                                                                                          79
Are parents informed and given education regarding the school system and helping
their children at home?

PROGRAM EVALUATION and REVIEW

Is the school keeping complete data for each student in order to calculate growth in
language proficiency from year to year?
Is the school evaluating the programs and services annually?
Who is responsible for monitoring services, determining if they are effective and
making changes, if necessary?




                                                                                       80
                                           XI.
                            Supplement vs. Supplant Guidance



To:   District LEP Coordinators and Testing Directors
From: Marcia Beckman, NCLB Director, State Department of Education
Date: January 5, 2009

The State Department of Education has recently received Federal guidance regarding the use of
Title III funds, which are federal funds allocated for language instruction of Limited English
Proficient (LEP) students. The guidance specifically addresses the general principals of the
Title III non-supplanting provision. This includes districts that receive Title III Consortia and
Emergency Immigrant funds. However, this does not apply to state (general LEP) funds and for
districts that do not receive Title III funds. Changes will be required with the 2009-2010 budget
cycle (budgets due June 2009).
Section 3115(g) of Title III is as follows:

       SUPPLEMENT, NOT SUPPLANT -- Federal funds made available under this
       subpart shall be used so as to supplement the level of Federal, State, and local
       public funds that, in the absence of such availability, would have been expended
       for programs for limited English proficient children and immigrant children and
       youth and in no case to supplant such Federal, State, and local public funds.

A supplanting violation is presumed when an institution uses Federal funds to provide services
that the institution is already required to make available under other Federal, State, or local laws.

Purpose of Title III funds: Title III funds are made available so districts can increase their
services for English language instruction and increase the professional development to teach
English language learners. Title III funds are NOT intended for core instruction or materials, or
for funds to establish language development programs that should already exist.

Therefore, the U.S. Department of Education has created 4 questions to use as a guide to
determine whether Title III funds can be used. Please note that these are Title III guidelines and
not necessarily Title I or other programs, because Title III is a bit different.
    1. Is this instructional program/service provided to all students?
    2. Is this something that the district must do to meet the Lau vs. Nichols requirements?
       "Where inability to speak and understand the English language excludes national origin-
       minority group children from effective participation in the educational program offered
       by a school district, the district must take affirmative steps to rectify the language
       deficiency in order to open its instructional program to these students."
       http://www.ed.gov/about/offices/list/ocr/ell/lau.html
    3. Is this district program/service required by other Federal, state or local laws or
       regulations?
    4. Was the program/service previously provided with state, local or other Federal funds
       (other than Title III funds)?

                                                                                                   81
If the answer to any question above is “YES”, then Title III federal funds may NOT be used.
Please use the 4 questions as a guide when questioning whether Title III funds may be used or
not.
Therefore, the new guidance has clarified the following as examples of inappropriate uses of
Title III funds:

   1. Title III federal funds may not be used for salaries for core area teachers, ESL teachers,
      paraprofessionals, or staff hired to meet the core need of English language learners. Title
      III funds may be used for staff ONLY if they are hired to supplement the current program
      for English language learners.
      Rationale: In the absence of Title III funds, districts would still be required to provide
      language instruction educational services and would need to expend funds to serve LEP
      students. The salaries of teachers who provide the core language instruction for LEP
      students are the responsibility of the state/district, not the federal government.

   2. Title III federal funds may not be used as a rationale to reduce state or local funds
      expended for LEP program services.
      Rationale: Any reduction in the amount of state/local funds that a district receives to
      implement language instruction programs for LEP students, based on the receipt of
      federal funds, violates federal law.

   3. Title III federal funds may not be used for substitute teachers, materials, proctors,
      training, scoring, or equipment related to the administration of the Idaho English
      Language Assessment (IELA).
      Rationale: These activities are all related to the requirement for assessment of LEP
      students under Title I, rather than Title III. Therefore, Title I funds may be used.

   4. Title III federal funds and Title I funds may not be used for substitute teachers, or
      materials, or proctors for the ELL Placement Test.
      Rationale: Districts are responsible for identifying LEP students and making placement
      decisions for these students, regardless of their receipt of any Federal funds. This would
      be an example of the districts meeting the Lau vs. Nichols (above) requirements
      regardless of federal funds.

This new guidance may cause a need for districts to re-evaluate their use of fund sources
to serve LEP students. 2009-2010 budgets must reflect this clarification of Title III
funds.

The State Department of Education understands that these clarifications may cause some
anxiety within districts, as budgets are already tight. Please do not hesitate to contact any
one of us with questions or concerns.




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Please call the State Title III/LEP Program and/or the State IELA Program if you have any
 questions at all regarding this document or regulations regarding serving LEP students in
                                       Idaho’s schools.




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