M E M O R A N D U M

TO: District School Superintendents

FROM: Walter J . McCarroll, Deputy Commissioner

SUBJECT: Testing Limited English Proficiency Students

The purpose of this memorandum is to provide information concerning the achievement testing of Limited English Proficiency (LEP) students. This memorandum was prompted by inquiries we have received asking for clarification of district and state testing policies and procedures for LEP students.

In addressing this issue, it is important to differentiate between policies and procedures driven by statutes, rules of the State Board of Education, or terms of the META agreement. Solutions to individual questions also may depend upon whether an achievement test is "high stakes" in which a student may be denied promotion or graduation if the test is failed.

Currently, the statewide assessment program collects the following achievement information:

1. District norm-referenced achievement data from grades 4 and 8;
2. Florida Writes, the student performance writing assessment administered at grades 4,8, and 10;
3. Grade Ten Assessment Test (GTAT), a nationally normed achievement test; and
4. High School Competency Test (HSCT), a "high stakes" minimum competency test required for high school graduation.

In addition, districts and schools administer tests of their own selection as well as certain tests that are optional for students such as the Scholastic Achievement Test (SAT) or the American College Test (ACT).

The META agreement was designed to provide the means whereby LEP students are provided access to a full range of educational programs. The spirit of the META agreement is that LEP students will be given adequate and appropriate instruction to enable them to pass the required graduation examination and meet other requirements for a diploma. Districts and schools are responsible for properly identifying LEP students and providing accurate academic assessment information. This may require adjustments in the manner in which tests are administered or may require the provision of appropriate alternatives.

To facilitate discussion of the testing issues, the following abbreviations will be used:

LEP program - a program required by Section 233.058(4)(a), F.S., conducted by the district in accordance with an LEP plan approved by the Florida Department of Education .

LY - LEP students receiving services in a program operated in accordance with an approved LEP Plan.

LN - an LEP student not receiving LEP services.

LF - a former LEP student who has exited from an LEP program.

The following suggestions are offered for testing students in the above classifications:

1. When students are tested in district norm-referenced testing programs, those who currently are classified as LY and have been in an approved LEP program for fewer than two years may be exempted from the test. Exempted students must be assessed through other means determined by district and school personnel.

2. Students who currently are classified as LN or LF may not be exempted from participating in the district norm-referenced testing programs by virtue of such classification alone.

3. Students currently classified as LY who have been in an approved LEP program for fewer than two years may be exempted from taking the Grade Ten Assessment Test and the Florida Writes performance writing assessment. Exempted students must be assessed through other means determined by the district and school personnel. Students currently classified as LN or LF may not be exempted from the Grade Ten Assessment Test and the Florida Writes performance writing assessment by virtue of such classification alone.

4. Students who have been classified as LY and who have been in an approved LEP program for fewer than two years may be temporarily exempted from taking the High School Competency Test at the discretion of local school personnel, but such students cannot be awarded a standard high school diploma until the test is passed. Students currently classified as LN or LF may not be temporarily exempted from taking the HSCT.

Parents of students currently classified as LY should be informed of the district's decision to include or exclude a student from any specific testing program, particularly the HSCT.

The Department of Education does not plan to provide translated versions of the HSCT, GTAT, or Florida Writes assessment tests. Districts are not required to provide translated versions of locally used norm-referenced tests but are required to provide alternative assessment of the academic achievement of LEP students who have been exempted from district and statewide testing programs.

Testing policies and accommodations for external examinations such as the SAT and ACT will continue to be controlled by the agencies sponsoring these tests.

If there are additional questions about these matters or a need for technical assistance, please call the persons whose names appear on the front of this memorandum as contact persons. Thomas Fisher will address technical issues related to testing students, and Bernardo A. Garcia will address programmatic issues related to LEP instructional assessment.