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Administrative Memorandum
 

April
2004

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It is the policy of the Department of Education to provide services to all persons, without regard to race, color, creed, religion, sex, disability, ancestry, or national origin, in accordance with federal and state laws.

 

 

SD quickly takes advantage of  USDOE flexibility for assessing new LEP students

The South Dakota Department of Education quickly put procedures in place that take advantage of the newly-released flexibility offered to states by the US Department of Education for assessing new Limited English Proficient students.  The following letter was sent to school officials on March 19, three days before the Spring 2004 testing window opened on March 22:

     TO:  South Dakota Public School Officials

South Dakota intends to take advantage of the flexibility offered to states in assessing certain new Limited English Proficient students. Here is information about assessment of LEP students who are in the first year of enrollment in a U.S. school. Source of the policy is Secretary Rod Paige's "Dear Colleague" letter dated February 20, 2004;  specifically, the paragraphs that outline the flexibility are found under the heading "Flexibility in Assessing New Limited English Proficient Students" on the second page. The letter is located on USDOE's website at http://www.ed.gov/policy/gen/guid/secletter/040220.html .

For schools that have identified LEP students who are in their first year of enrollment in a U.S. school, the policies allow the following:

▪the student must be identified as an LEP student through administration of the IPT or LAS (tests used to identify a student as LEP) within 30 days after the start of the school year or within 20 days of a mid-term enrollment;

▪the student must take the annual English language proficiency assessment (SELP);

note: If a student enrolls after the district has completed its administration of the annual English language proficiency assessment (SELP), an IPT or LAS identifier test may be substituted. For a first-year-in-school-in-U.S. student, this will qualify for the 95% participation rule if the student does not take the reading test per the flexibility provisions.

▪the student who is in the first year of enrollment in a U.S. school is not required to take the state reading test, but may participate in the reading test;

►States are not required to include the reading assessment results, if given, in AYP determinations even if the student meets the full academic year criteria.

►the student's participation, if the reading test is taken, may be counted towards the school's 95 percent assessment participation requirement for reading.

▪the student must take the State's mathematics assessment with accommodations as necessary;

►States are not required to include these assessment results in the AYP determinations.

►the student's participation will count towards the school's 95 percent assessment participation requirement for mathematics.

Your cooperation in ensuring that the above policies are followed during South Dakota's annual state assessment administration March 22-April 16 will be greatly appreciated.

In addition, the South Dakota Dept. of Education asks your cooperation in assuring that the information on the LEP students who are in the first year of enrollment in a school in the U.S. is accurate and up-to-date, including:

▪"in the first year of enrollment" refers to the academic school year, NOT a calendar year.  If a student was in school in another state part or all of another school year, the current school year 2003-2004 cannot be considered "the first year of enrollment."

▪the school is solely responsible for determining that the student is enrolled in school in the U.S. for the first time and maintaining appropriate documentation locally.

▪he school should be very sure that it has coded the student as "LEP" on the student data reported to the state and maintained on-site (SIMSNet or other).

▪A student who enrolls at any time during the 2003-2004 school year, through the final day of the testing window--April 16--is subject to the assessment requirements outlined above, same as any other student in grades 3-8 and grade 11 who enrolls in school and has not participated in the state assessment program.

▪Finally, in order to implement the above flexibility for students who are in the first year of enrollment in a school in the U.S. at this late date, it will be necessary for school officials to report, before the end of the current school year, the student's name and unique 9-digit SIMS identification number to the Office of Finance & Management, Dept. of Education, 700 Governors Drive, Pierre, SD 57501.  This is in addition to reporting the student’s enrollment through the student information system (SIMSNet or other). The lists provided by school officials will be used to implement the AYP calculations as outlined above on a case-by-case basis at the time AYP is calculated.  Please keep a copy of the list that is sent to DOE on file locally to document the student's eligibility for non-participation in the reading assessment during his/her first year of enrollment in a school in the U.S.

The feasibility of re-programming the student record system to add data elements that will allow schools to identify the sub-set of LEP students who are in their first year of enrollment in a school in the U.S. will be explored; however, it cannot be accomplished in time for this year's calculations.  Thus the need to request schools to provide the list of students.

Best wishes for a successful administration of this year's Dakota-STEP assessments. Thank you for your cooperation in implementing the recently-announced flexibility provisions for this small, very special sub-set of newly-arriving students.  We are pleased to work with you in assuring that the unique issues from their past educational experiences and circumstances are addressed in a fair and equitable manner.