j

i ~ . ~~_ ~ ~~ — ~ E,~r`! , ~ i ~ ̀\ P ~ i / ~%

~" 1 '~ ;~~ ~ ~ ~ 1k_ ~,SPATE OF CALIFORNIA—OFFICE OF ADM µ r :" n ~ I~ ~ ~ ~- ~ Y ' ~ ,~ ` ~ .. {See~~~nstl'uCtions on For use by Secretary of State only

NOTICE PUBLICATI AT~C1~i5 51J$iV1i~~OIV~ reverse)sTo. doo taev. n~-2o~ 3Y

OF~I_ FI L ̀ NOTICE FILE NUMBER REGULATORY ACTION NUMBER ~ ~ ~ •~MER N~'~,' ": `4RER

NUi,~BERS Z_ ~H~ ~_ ~` ~ ̀~ ~

For use bV Once of Administrative Law {pAL) only

~`. ~.

~— ~ NOTICE ~ ~ REGULATIONS —__---

AGENCY WITH RULEMAKING AUTHORITY AGENCY FllENUMBER (If apy)

State Board of Education

A. PUBLICATION OF NOTICE (Complete for publication in Notice Register]

1. SUBJECT OF NOTICE TITLES) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE.

3. NOTICE TYPE 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional)~i Notice re Proposed

i_I Re Mato Action ❑Other

OAL USE ACTIDNON?ROPpSFDNOTfCE NOTICE REGISTER NIJhiBER P'UBCIC;ATION Dn?F

~~~Y ) ~ APVroved as ~i Approved as —~ 6is2ppro ~a~i1Submi~taa _. Modified ~ ~ Witnaraw~

B. SUBMISSION OF REGULATIONS (Complete when submitting regulations}

to .SUBJECT OFREGULATION(S) 1b. AlL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS)

English Language Proficiency Assessments for CA `

2. SPECIFY CALIFORNIA CODE OF REGULATIONS TITLEiS)AND SECTIONS) (Including title 26, if toxics related)

SECTION(5) AFFECTED A~oPT

(List all section numbers)individually. A~tOCIt AMEND

additional sheet if needed.) 11517.6,11518,11518:1511518:20,1151825,11518.30,1151$:35, 11518.40,11518.45,11518.50,1 T518.70

TITIE(S)-- -- REPEAL ---- —

5

3. TYPE OF FILING .

Regular Rulemaking (Gov. ~ Certificate of Compliance: The agency officer named Emergency Readopt (Gov. Changes Without RegulatoryCode §.11346) below certifies that this agency complied with the ~ Code, § 11346.1 {h)) ~ Effect {Cal. Code Regs., title

O Resubmittal of disapproved or provisions of Gov. Code §§11346.2-113473 either 1, §100)withdrawn nonemergency before the emergency regulation was adopted or ~ F~~e &Print ~ Print Onlyfiling (Gov. Code §§t 1349.3, 'within the time period required by statute.11349.4)

Emergency iGov. Code, ~ Resubmittal of disapproved or withdrawn ~ Other (Specify)

§11346J(b)) emergency filing (Gov. Code, §71346.1}

4. ALl6EGINNING AND ENDING DATES OF AVAILABILRY OF MODIFIED REGULATIONS AND/OR MATERIAL ADOEP TO THE RULEMAKING FILE (Cal. Code Regs. tide 1, 444 and Gov. Code 47 1347.7)

5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ i 1343.4, i 1346.1(d); CaI. Code Regs., Ntle 1, §700 )

Effective January 1, Apnl t, July t, or ~ Effective on filin with §700 Chan es Without Effective

October t (Gov. Code §t 1343.4(a)) ~ Secretary of State ~ Regulatory Effect ~ other (Specify) _

6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION, APPROVAL 6R CONCURRENCE BY, ANOTHER AGENCY OR ENTITY

Department of Finance (Form STD. 344) (SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal

n Other (Specify)u ___7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) E-MAIL ADDRESS {Optional)

Hillary Wirick, Regulations Analyst 916-319-0860 (916) 319-0155 hwirick@cde.ca.gov

$• 1 certify that the attached copy of the regulation{s) is a true and correct copy For use by Office of Administrative Law (OAS} only

of the regulations) identified an this form, that the information specified an this form

is true and correct, and that 1 am the head of the agency taking this action,

or a designee of the head of the agency, and am authorized to make this certification.

SIGN LIRE OF AGENCY HEAD OR DESIGNEE GATE{':

n Ho~~oway

Attachment to Notice Publication/Regulation Submission.

B2. Amend sections: 11518.75, .11519.5

1 The State Board of Education has illustrated changes to the original text in the following

2 manner: text originally proposed to be added is underlined; text proposed to be deleted

3 is displayed in ~+~ree~.

4

5 Title 5. EDUCATIC3N

6 Division 1. California Department of Education

7 Chapter 17. Special Programs

8~ Subchapter 7.6 English Language Proficiency Assessments for California.

9 (€~pasELPAC)

10 Article 1. General

11 § 11517.6.Operation.

12 Subchapter 7.6, "English Language Proficiency Assessments for`California (E~PAC),"

13 applies to the initial and summative assessments required by Education Code sections

14 313 and 60810, which are referred to as the ELPAC.

15

16 m

17 .~o oc mono nro ro~~^I~i fnr •~~1mir~ic~r~~ir~r~

18 NOTE; Authority cited.: Section 33031, Education Code. Reference: Sections 313 and

19 6Q810, Education Code.

21 § 11518. Definitions.

22 The fallowing definitions apply to the ELPAC:

23 (a) "Accommodations" means resources documented in a pupil's individualized

24 education program {IEP) ar Section 504 Plan that an eligible pupil regularly uses in the

25 classroom for instruction and/or assessments) and that are 1) either utilized in the

26 assessment environment or 2) consist of changes in procedures or materials that

27 increase equitable access to the assessment. Accommodations may not fundamentally

28 alter the comparability of test scares.

29 (b) "Administration" means an eligible pupil's attempt to take any part of the

30 ELPAC initial or summative assessment.1

1 (c) "Alternate .assessment" is an alternate means, identified in an eligible pupil's2 IEP , to measure English language proficiency.

3 (d) "Annual summative assessment window" begins on February 1 and ends on4 May 31 of each school year.

5 {e) "Designated supports" are resources that an eligble pupil regularly uses in

6 the classroom for instruction and/or assessments) and that are available for use by

7 any pupil for whom a need has been indicated, prior to assessment"administration, by

8 an educator or a #earn of educators. (with parent/guardian and pupil input, as

9, appropriate} or specified in the pupil's lEP or Section 504 Plan.

1Q {f~ "Domain" means listening, yea speaking, reading, or writing, as

11 'described in Education Code section 60810.

12 (g) "ELPAC initial assessment criterion" means aperformance-level cut score on

13 the initial assessment that is at or above the State Board,of Education {SBE)-approved -

14 definition of English language proficient.

15 (h,~e) "ELPAC test examiner" means an employee or contractor of an LEA or

16 NPS who signs the ELPAC :Test Security AfFidavit, who is proficient in English. and has

17 complete command of pronunciation, intonation, and fluency, and who certifies that he

18 or she has completed training in administration of the ELPAC.

19 (i~) "ELPAC trainer" means an employee or contractor of a local educational

20 agency (LEA) or nonpublic school (NPS) responsible for the annual training of ELPAC

21 test examiners.

22 {j+} "Excessive materials" means the difference between the total number of

23 paper tests scored. and 9Q percent of the paper tests ordered annually by the LEA.

24 {k}} "Grade" means the grade. in which a pupil is enrolled at the time of testing, or

25 if enrolled in an ungraded program, the grade to which the LEA assigns the pupil for

26 assessment purposes.

27 (!14) "Initial assessment" means the ELPAC assessment that is locally scored and

28 is used to determine the English language proficiency of eligible pupils, as specified in

29 section 11518(~y) or section 11518.20.

30 {m~} °Initial assessment window" begins on July 1 and ends an June 3d of each

31 school year.

0

1 (nom} "Initial California enrollment" means the first day on which a pupil. is in

2 attendance in a California public school.

3 (ot~) "Local educational agency (LEA}" means an elementary, high school, and

4 unified. school district, county office of education, any charter school that for

5 assessment purposes does not elect to be part of the school district or county office of

6 education that granted the. charter, and any charter school chartered by the SBE.

7 (pe) "LEA ELPfiC coordinator" means. an employee of an LEA who is designated

8 by the LEA superintendent to oversee the. administration of the ELPAC assessments.

9 (qp} "LEA superintendent" for purposes of these regulations includes an

1 Q administrator of a charter school that is an LEA as defined by subdivision {~a).

11 (r) "focal scaring tool (LST) correspondence administrator" means an employee

12 of an LEA who enters pupils' initial assessment scores into the local scoring tool from

13 the score sheet in the answer book and has..the authority to generate reports of pupils'

14 aggregate and individual scores at the LEA IeveL

15 `~s) "LST data entry staff° means an employee of an LEA who enters pupils' initial

16 assessment scores into the heal scoring tool from the score sheet in the answer book

17 and has the authority to print individual pupil score reports at the site IeveL

18 (t~) "Nonpublic schools (NPS)" means nonpublic, nonsectarian .schools as

19 ...described in Education Cade section 56034.

20 (u~) "Personally .identifiable. information" includes a pupil's. name and/or any other

21 direct personal identifiers, and indirect identifiers, such as the pupil's address and

22 personal characteristics, and other information that makes a pupil's identity traceable

23 through the use of a single or multiple data source(s), incCuding publicly available

24 information.

25 (v_~) "Primary or native language" means the language used by a pupil, as

26 identified in accordance with the. survey conducted. pursuant to section 11518.5(x).

27 (w~) "Proctor" means an employee or contractor of an LEA or NPS who signs the

28 ELPAC Test Security Affidavit and completes training designed to prepare him or her to

29 assist the test examiner in the administration of the ELPAC.

30 (x~) "Pupil" refers to a student. enrolled- in a California public school or NPS.

31 (y~) "Pupil eligible for the initial assessment' means: (1) a pupil whose primary

32 or native language is a language other than English as determined by the survey3

1 conducted pursuant to section 11518.5(a), or who is identified far administration of the

2 initial ELPAC assessment pursuant to section 11518.20(x); (2) who has nat previously

3 been classified as an English learner {EL) by a California public school; and (3) who

t 4 has no record of results from an administration of the California English Language

5 Development Test, or the. E~PRC initial or.summative assessment.

6 (z~) "Pupil eligible for the summative assessment" means a pupil who is

7 classified as EL in accordance with these regulations.

8 (aa~) "Pupil with a disability" means a pupil who has an IEP in accordance with.

9 Education Code section 56345 or a Section 504 Plan in accordance with the provisions

10 of Section 504 of the Rehabilitation Act of 1973 (2Q U.S.C. section 794).

11 (ab~) "Record of results" .includes:

12 (1) Pupil test results on the initial and/or summafive#assessment; and

13 (2} Parent ar guardian notification letter of pupil results.

14 (acs) "Resource".refers to a universal tool, designated support, accommodation,

15 or an unlisted. resource approved .pursuant to section 11518.35. Resources (including

16 approved unlisted resources) do not change the construct of the assessment.

17 (ado) "Scribe" means an employee or contractor of an LEA or NPS which is

18 responsible to implement a pupil's IEP, who signs an ELPAC Test Security Affidavit,

19 and completes training to transcribe a pupil's responses to the format required by the

20 ELPAC assessment(s). A parent, guardian, or sibling of a pupil is not eligible to be that

k 21 pupil's scribe,

22 (aeb) "Site ELPAC coordinator" means are employee of an LEA designated by

23 the LEA, or a person designated by an NPS, to oversee the administration of ELPAC

24 assessments for each test site.

25 (afs) "Summative assessment" means the annual administration of the ELPAC

26 assessment to identify a pupil's level of English language proficiency and assess a

27 pupil's progression in acquiring skills of listening, ~~~; speaking, reading, and

28 writing.

29 {age) "Test contractor" means the contractor responsible for the development

30 and administration of the ELPAC pursuant to Education Cade section 60810.

31 (aii~ "Test materials" include, but are not limited to, administration manuals,

32 administrative materials, test books, practice tests, scratch paper, answer books,-a-r~4

1 =~~~~~r ~'n~ answer keys, scoring rubrics, and any of the materials

2 developed and provided by the test contractor.

3 (aig) "Universal tools" means resources available to all pupils who are

4 administered the ELPAC assessments.

5 (al#) "Unlisted resoufce" means an instructional support that a pupil regularly

6 uses in daily instruction and/or assessment that has not been previously identified as a

7 universal tool, designated support, or accommodation.

8 NOTE: Rutho~ity cited: Section 33031, Education Code. Reference: Sections 306, 37 3

9 -and 60810, Education Code.

10

11 Article 2. Administration for Pupits Other than Pupils with a Disability

12 § 11518.15. Summative Assessment.

13 {a) An LEA shall administer the E~PAC summative assessment to all eligible

14 pupils during the annual summative assessment window.

15 {b) The. LEA shall notify each pupil's parent or guardian of the pupil's test

16 contractor-scored surnmatiue assessment results within 30 calendar days following

17 receipt of the test results from the test contractor. !f the test results are received from

18 the test contractor after the last day of instruction for the school year the LEA shall

~ 9 notify each pupiPs parent or guardian ofi the pupil's results within 15 workingdays of the

20 start of the next school year.

21 NOTE: Authority cited: Section 33031, Education Gode. Reference: Sections 306, 313,

22 60810 and 60900, Education Code; and 20 U.S.C. Sections 6371, 6312, 6823, 6825

23 and 6826.

24

25 § 11518.20. Correction of Classification Errors.

26 {a} If a pupil is classified as EO pursuant to section 11518.5(b), but the LEA has

27 an indication that the pupil's primary or native language is not English and the pupil is

28 unable .to perform ordinary classroom work in English, the LEA may collect and review

29 evidence as described in subdivisions (d)(3) and {d}(4). Based upon this review, the

30 LEA shall determine whether the pupil shall be administered the initial assessment in

5 '

1 order to determine the .pupil's classification. At least 10 calendar days :prior to

2 administration of the initial assessment, the SEA shall notify~the pupil's .parent or

3 guardian in writing that the pupil will be assessed. If the LEA administers the initial

4 assessment and if the pupil does not meet the. ELPAC initial assessment criterion for

5 proficiency, the LEA shall classify the pupil. as EL. The LEA shall notify the pupil's _

6 parent or guardian in writing of the results of its. review, including the evidence that led

7 to the determination and the results of the initial assessment, as applicable, within 14

8 calendar days of its determination. The pupil's parent or guardian shall be entitled to

9 request that the SEA review its determination following the procedure described in

10 subdivision (c).

11 (b) If an LEA administers. an .initial or summative assessment to a pupil who is

12 not eligible for the assessment as set forth in section 11518(~y) or (~z), the pupil's

13 classification shall remain unchanged regardless of the assessment results, and the

14 LEA shall not maintain any such results as a pupil record, including in CALPADS.

15 (c) Following the administration of the initial assessment to a pupil, but before

16 the administration of the sumrnative assessment to that pupil, upon request from the.

17 pupil's parent or guardian ar a certificated .employee of the. LEA, an LEA shall collect

18 and .review euidence, as described in subdivision (d), about the pupil's English

19 language proficiency. Based. upon its review of the evidence, the LEA shall determine

20 whether the pupil's classification should remain unchanged or be changed.. The LEA

21 shall notify the pupil's parent or guardian in writing of the results of the review within 14

22 calendar days of its determination. This review shall occur only once over the course of

23 the pupil`s enrollment in the California public school system.

24 (d) Evidence about the English language proficiency of a pupil for purposes of

25 subdivision (c) shat! include:

26 (1) The results of the survey administered pursuant to section 11518.5(a);

27 (2) The results of the assessment of the pupil's proficiency in English, using an

28 objective assessment instrument, including, but not limited to, the initial assessment;

29 (3) Parent or guardian opinion and consultation results; and.

30 (4) Evidence of the pupil's performance in the LEA's adopted course of study,

31 including courses as described in Education Code sections 51210 (for pupils in grades

32 1 to 6) and 51220 (for pupils in grades 7 to 12) and English language development, as6

1 applicable, obtained from the pupil's classroom teacher and other certificated staff with

2 direct responsibility for teacher or placement decisions.

3 (e) During the time euidence is being collected and reviewed, the pupil shall

4 retain his or her original classification.

5 NOTE: Authority cited: Section 33031, Education Cade. Reference: Sections 306, 313,

6 60810 and 60900, Education Code; and 20 U.S.C. Sections 6311, 6312, .6821., 6823,

7 6825, 6826 and 7801,

8

9 Article 3. Administration, Pupils with Disabilities

10 § 11518.25. Pupils with Disabilities.

11 (a).Except as otherwise provided in this Article, al( provisions of Article 2 shall

12 apply to pupils with disabilities_

13 (b) When :administering an initial or sumrnative assessment to a pupil with a

14 disability, the LEA shall provide the designated supports and the accommodations

15 specified in section 11518.35 in accordance with the pupil's lEP or Section 504 Plan.

16 (c) When a_pupil's IEP ar Section 504 Plan specifies that the pupil has a

17 disability that precludes assessment such that there are no appropriate

98 accommodations for assessment in one or more of the listening, speaking, reading_

19 and writing domains, the pupil shall be assessed in the remaining domains in which it is

20 possible to assess the pupil.

21 (1) A pupil may be assi ng ed an overall score only if assessed in bath oral and

22 written language. To be considered assessed in oral language, the student must have

23 been :assessed in either listening or speaking. To be considered assessed in written

24 language, the student must have been assessed in either reading or writing,

25 NOTE: Authority cited: Section 33031, Education Code.:Reference: Sections 306, 343,

26 37200, 60810 and 64900, Education Cbde; ar~d-20 U.S.C. Sections 7412, 6311, 6312,

27 6821, 6823, 6825 and 6826; and 34 Code of Federal Regulations Park 200.6(h)(4).

28

7 y

1 § 11518.30. Local Alternate English Language Proficiency Assessments.

2 When a pupil's IEP team determines that the pupil has a significant cognitive disability

3 such that the ~-pupil ~i#~i-a-~i-sa-b+-~v#e is unable to participate in the initial or

4 summative assessment, or a section of either test, even with resources, the pupil shall

5 be .assessed using a locally administered a+~-alternate assessments) for English

6 language. proficiency, as specified in the pupil's JEP

7 Note:. Authority cited: Section 3303.1, Education Code. Reference: Sections 306, 313

8 and .60810, Education Code; a-r~-20 U.S.C. Sections 1412, 6311, 6821, 6823, 6825.

9 and 6826; and 34 Cade of Federal Regulations Part 200.6(h)t~).

10

11 Article 4. €I~aGELPAC Resources

12 § 11518.35. Use of Universal Tools, Designated Supports, and Accommodations........

13 (a) An LEA may provide all pupils with ane or more of the following universal

14 tools on the E~PAC for.. any of the domains of listening, Wi g; speaking, reading, and

15 writing:

16 (1 }Breaks,. including testing over more than one day, between the test

17 contractor-identified test sections,

18 ~2) Scratch paper;

7 9 (3) .Oral. clarification of test directions. by .the #est examiner in English;

20 (4} Sufficient time to complete the test.-1

21 ~5) Pupil use pf highlighter(s) in the test book for grades two through twelve and

22 (6) Pupil use of marking in the test book for grades three through twelve (non-

23 highli hg ter}.

24 (b) An LEA shall r rp ovide eligible pupils one or more of the following

25 designated supports on the E~PAC far the domains of listening, ~ea~+~~ speaking,

26 reading, and writing, only as described below, if specified in the pupil's !EP or Section

27 504 Plan, or for which need is indicated as described in section 11518{e):

28 (1) Color overlay;

29 (2) Covered overlay, masks, or other means to maintain visual attention to the

30 test consistent with the test contractor's test directions;

1 (3) Magnification;

2 (4) Audio or oral presentation of test directions in English, which may be

3 repeated as requested by the pupil;

4 (5) Adjustments to setfing, including most beneficial time of day, special lighting ,

5 or acoustics, special ar adaptive furniture, audio amplification equipment; and testing

6 the pupil in a separate room provided that the pupil is directly supervised by an

7 employee of the school district or nonpublic school who has signed the EL.PAC Test

8 Security Affidavit;

9 (6) Noise buffers (e.g., individual carrel or study enclosure, or noise-cancelling

10 headphones);

11 (7) Manually Coded English or American Sign Language (ASL) to present test

12 directions for administration (does not apply to tent questions).

13 _ (c) An LEA shall ~~r+~i~ rovide eligible,pupils with a disability with the following

14 accommodations on the ELPAC ~^ +~~~ +"~ ~~ ~Il~ far the domains of listening,

15 ~~ ;-speaking, reading, and wrifiing, only as described below, b--~~+s#+i-~

16 if specified. in the. pupil's IEP or Section 504 .Plan:

17 {1) Braille test materials .provided by the test contractor;

18

19 (2} Pause or replay the audio during the administra#ion of test questions for the

20 listening domain;

21 ~3) For test questions that assess the listening domain using streamed audio

22 the use of written scripts by the test examiner for pupils for whom streamed audio is not

23 accessible;

24 ~4) Pause ar replan the audio during the_administration of test questions for the

25 speaking domain that. ask_the pupil to summarize an academic presentation:

26 (53) Far test questions that assess the domains of listening, reading, or writing,

27 transfer of pupil responses. marked in the test booker to the answer ~eG book by

28 ascribe who has signed an E~PAC Test Security Affidavit;

29 (64) Responses dictated to a scribe for selected response items, including

30 multiple-choice items;

1 (75) For test questions that assess the domain of writing, dictation by the pupil of

2 responses, including all spelling and language conventions, to a scribe, audio recorder,

3 or speech-ta-text converter;

4 (86) Far test questions that assess the domain of writing, use of word. processing

5 software with the spelt and grammar check tools turned off;

6 (9~) For test questions that assess the domains of listening, speaking, and

7 writing presentation of, and responses to, test questions using .Manually Coded

8 English or ASL. Pupil responses must be transcribed into the answer book by the 3

9 ELPRC test examiner ar scribe'

10 (10~} Large print versions reformatted from. regular print uersian;

11 {11~) Test questions enlarged through electronic µmeans;

12 (12~-8) Supervised breaks within a section of the test;

13 {13 1-) For.#est-questions :that assess the domains of listening,-speaking, and -'-

14 writing, use of an assistive device. that does not .interfere with the independent work of

15 the pupil. Pupil responses must be transcribed into the answer book by the E~PAC test

16 examiner or scribe' and

17 (14~) Testing at home ar in the hospital by a test examiner.

18 (d} An LEA may submit a request to the CDE on behalf of a pupil with a_.19 disability, prior to administering an initial or summative assessment, to obtain approval

20 to t~se rovide an unlisted resource..Requests must include:

2~ (1) LEA name and school name;

22 {2) LEA. E~PRC coordinator name, phone number, and e-mail address; and

23 (3} A description of the unlisted resource being requested for an ELPAC domain.

24 NOTE: Authority cited: Section 33Q31, Education Code. Reference: Sections 306, 313

25 and 60810, Education Code; and 2Q U.S.C. Sections 1412, 6311, 6312, 6821, 6823,

26 6825 and 6826.

27

~'7

Article 5. LEA Responsibilities

§ 11518.40. LEA ELPAC Coordinator.

x 30 (a) No later than April 1 of each year, each LEA superintendent shall designate

31 an LEA ELPAC coordinator for fihe following school year. An LEA superintendent shall. 10

1 notify the test contractor of the identity and contact information for the LEA ELPAC

2 coordinator. The LEA ELPAC coordinator shall be available throughout the school year

3 and shall serve as the LEA representative and the liaison between the LEA and the

4 CDE and the SEA and test contractor far all matters related to the ELPAC. Should the

5 LEA ELPRG coordinator be unavailable for any matter related to the ELPAC, the LEA

6 superintendent or his or her designee shall serve. in the .place of the LEA ELPAC

7 coordinator.

8 (b) The LEA E~PAC coordinator shall complete all duties in accordance with

9 instructions from the test contractor. The LEA ELPAC coordinator's responsibilities

10 include, but are not limited to:

11 (1) Determining SEA and individual school test. material .needs in conjunction

12 with the test contractor.

13 (2) Ordering materials only for those test. examiners who certify they are trained

14 to administer the ELPAC.

15 (3) Ensuring delivery, acquisition, and distribution of test materials to individual

16 schools and sites.

17 (4) Maintaining security over the test materials and .personally identifiable

18 information using the procedure set forth in section 11518.50. The LEA E~PAC

19 coordinator shall sign the E~PAC Test Security Agreement and the ELPAC Test

20 Security Affidavit, as set forth. in section 115.18.50, and annually submit a copy of both

21 to the test contractor prior to ,receipt of test materials. The LEA shall retain all ELPAC

22 Tesf Security Agreements. and ELPAC Test .Security A~davits for each ~s#sel site

23 ELPAC coordinator at the LEA office for. no less .than 12 months from the date the

24 materials were signed.

25 (5) Conducting an inventory of test materials immediately upon receipt from the8

26 test con#ractor.

27a (6) Fallowing completion of the inventory, ensuring that the test materials are

28 retained in a secure, locked location, in the secure boxes in which they were received

29 from the test contractor, until the time they are delivered to the test sites.

30 (7) Training site ELPAC coordinators annually to oversee test administration and

31 security ~t each test site.

11

1 (8) Ensuring that all ELPAC test examiners and .all other personnel involved in

2 the direct administration and scaring of the initial and summative assessments are

3 trained annually, in accordance with instructions from the test contractor.

4 {9) Assisting the test contractor with the. resolution of any discrepancies in pupil

5 test information andlor test materials including, but not limited to, pre-identification filesS

6 and. all errors or discrepancies in pupil-level data fifes, required to comply with section

7 11518.45.

8 (10) Overseeing the collection of all pupil demographic data in accordance with

9 section 11518.75.

10 (11) Responding to correspondence and. inquiries. from the .test contractor and

11 the CDE in a timely manner.

12 (12) Overseeing the administration of the ELPAC to eligible pupils.

13 (13) Immediately notifying the test contractor of any. security breaches or testing.........

14 irregularities that occur in the SEA before, during, or after the administration of .the

15 ELPAC in accordance with .instructions from the test contractor.

16 (14) Ensuring all test materials are received from school test sites in sufficient

17 time to sa#isfy the ..requirements of .subdivision. (b)(16).

18 {15) Ensuring all test materials. received from school test sites have been placed

19 in a secure location upon receipt of those test materials.

20 (16) Ensuring all test materials to be scored by the test contractor are

21 inventoried, packaged, and labeled in accordance with instructions from the test

22 contractor. Test materials shall be returned to the test contractor at the time and in the

23 manner. specified by the test. contractor.

24 (17) Overseeing the .collection and return, ar collection and secure destruction,

25 of all test materials that do not require scoring by the test contractor, in accordance with

26 the directions of and time periods specified by the test contractor. Test materials that

27 were administered to pupils who are not eligible for the assessment as set forth in

28 section 11518(~y) or (~tz) shall also be securely destroyed or returned in accordance

29 with the directions specified by the test contractor.

30 (18) Upan receiving summary reports and files from the test contractor,

31 reviewing the files and reports for completeness and accuracy and notifying the test

32 contractor and the CDE of any errors, discrepancies, or incomplete information as12

1 directed by the test contractor.. The LEA coordinator shall certify the accuracy of the

2 apportionment information report of the initial and summative assessments

3 administered during the prior fiscal year if designated to do so by the LEA

4 superintendent.

5 NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 306, 313

6 and 60810, Education Code; and 20 U,S.C. Sections 1412, 6311, 6312, 6821, 6823,

7 6825 and 6826. .

8

9 § 11518.45. Site. ELPAC Coordinator.

10 (a) Annually, each LEA superintendent, or his or her designee, and NPS shall

11 designate a site ELPAC coordinator far each test site. The site ELPAC coordinator, or

12 the site principal or his or her designee, shall be available to the LEA ELPAC

13 coordinator for the purpose of resolving any discrepancies, inconsistencies in test

14 materials or reports, and/or other issues that arise as a result of the annual

15 administration of the E~PAC at the site.

16 (b) The site ELPAC coordinator shall complete all duties in accordance with

17 instructions from the test contractor. The site ELPAC coordinator's responsibilities

18 include, but-are not limited fio, all of-the following: .

19 (1) Determining site. test. material needs and. communicating the site needs to the

20 I.EA ELPAC coordinator.

21 {2) Arranging for test administration at the site.

22 (3) Annually completing the ELPAC Test Security Agreement and ELPAC Test

23 Security .Affidavit prior to the receipt of test materials.

24 {4} Providing test materials only to those persons who have been trained to

25 administer the ELPAC, have executed ELPAC Test Security Affidavits, and who are

26 administering the ELPAC.

27 (5) Overseeing test, security requirements, including the collection a-~d-~el+~te~

28 of all completed ELPAC Test Security Affidavits €ergs-}~-t~i~-~~°-t-~~ from the test

29 examiners and other site personnel involved with testing.

30 (6) ~i~~+~Securely storing signed ELPAC Test Security Affidavits +„ +

31 ~~G-~r~a~t-s~t~e-~e-~e~l-, other than the site ELPAC coordinator affidavit. on

13

1 the school site for no less than 12 months from the date the materials were. signed. The

2 site ELPAC coordinator's ELPRC Test Security Affidavit shall be stored as specified in

3 section 11518.40(b)(4).

4 (7} Maintaining security over the test materials and test data as required by

5 section 11518.50.

6 (8) Overseeing the acquisition of test materials from the LEA ELPAC coordinator

7 and the distribution: of test .materials to the test examiners} on the date. of testing in

8 accordance. with instructions from the test contractor.

9 (9} Overseeing the administration of the ELPAC to eligible pupils at the test site.

10 (10) Immediately notifying the LEA ELPAC coordinator of any security breaches

11 or testing .irregularities that occur before, during, or after the administration of the.

12 ELPAC that violate the terms of the ELPAC Test Security Affidavit in section 11518.5Q,

13 in accordance with instructions from the test contractor.

14 (11) Collecting and returning all testing materials to the LEA ELPAC coordinator

15 after testing has concluded, in accordance with instructions from the test contractor.

16 {12) Assisting the LEA ELPAC coordinator and the test contractor in the

17 resolution of any discrepancies between the numbers of tests received from the LEA

18 ELPA_C coordinator :and the number bf tests collected and returned to the LEA ELPAC

19 coordinator after testing has concluded.

2Q (13) Overseeing the collection and accuracy of all pupil demographic data.

21 required by section 11518.75.

22 Nate; Authority cited,: Section. 3303.1., Education.. Cade.: Reference.: Sections.. 306, 313

23 and 6Q810, Education Code; and 20 U.S,C. Sections 1412., 6311, 6312, 6821, 6823,

24 6825 and 6826.

25

26 § 11518.54. ELPAC Test Security Agreement and ELPAC Test Security Affidavit.

27 (a) Access to the test materials is limited to eligible pupils being administered the

28 ELPAC and individuals directly responsible for administration of an ELPAC test who

29 have signed the ELPAC Test Security Agreement and ELPAC Test Security Affidavit,

30 as applicable.

m

1 (b) Ail LEA ELPAC coordinators and site ELPAC coordinators shall annually sign

2 the ELPAC Test Security Agreemen# set forth in subdivision (c) before receiving any

3 E~PAC test materials.

4 (c} The. ELPAC Test Security Agreement shall be as follows:

5 ELPAC.TEST SECURITY AGREEMENT

6 I acknowledge. by my signature on this form that the English Language Proficiency .

7 Assessments for California (ELPAC) initial and summative assessments pursuant to

8 Education Code section 60810 are secure tests and agree to each of the fo((owing

9 conditions to ensure test security:

10 (1) I will take all. necessary precautions to safeguard the security of the test and

11 test materials, .including limiting .access to only those individuals in the local educational

12 agency (LEA) wha have responsibilities for the administration of the ELPAC. ,

13 (2) I shall have all persons who have access to the tests) and test materials for......._

14 the purpose of administration read and sign the ELPAC Test Security Affidavit.

15 (3) Except during the administration of the tests, I will keep`the test materials in a

16 securely locked room which can be accessed only with. a key or key card and, when

17 possible, in ~a .lacked storage cabinet within that room.

18 (4) As a site. ELPAC coordinator, I will collect and return all test materials to the

19 SEA E~PAC coordinator

20 (5) As an LEA ELPAC coordinator, I will securely destroy or return all test

21 materials , in accordance with the

22 directions of_and time periods specified by the test contractor..........

23 (6) I will deliver test materials only to those persons who have executed ELPAC

24 Test Security Affidavits.

25 By signing my name- to this document, I am assuring that I have completely read and

26 will abide. by the. above conditions.

27 Signed:

28 Print Name:

29 Title:

30 LEA:

31 Date:

15

1 {d) Test examiners, proctors, scribes, LEA ELPAC coordinators, site ELPAC

2 coordinators, ELPAC trainers, LST correspondence administrator, LST data entry staff

3 and any person having access for the purpose of administering the test{s) shall sign the

4 E~PAC Test Security Affidavit set forth in subdivision (e) before receiving any test

5 materials.

6 {e) The ELPAC Test Security Affidavit shall be as follows

7 ELPAC.TEST SECURITYAFFIDAVIT

8 I acknowledge .that I will have access. to one or more of the English Language

9 Proficiency Assessments for California (E~PAC) initial and summative assessments

10 pursuant to Education Code. section 6Q810, for the purpose. of administering the. tests)

11 to eligible pupils. I understand that these materials .are highly secure and may be under

12 copyright restrictions, and it is my responsibility to protect their security as follows:

13 (1) I will not divulge the contents of the test materials. to any other person

14 through verbal, written, or any other means of communication, This includes, but is not

15 Jimited to, sharing or posting test content via the Internet or by e-mail without the

16 express prior written permission of the California Department of Education (CDE) and

17 test contractor.

18 {2) I will not copy ar take a photo ofi any part of the test materials, This includes,

19 but is not limited to, photocopying (including enlarging) and recording without the

20 express. prior written .permission from the CDE and test contractor.

21 (3) 1 will keep all fiestmaterials secure prior to and following the distribution of

22 the test(s).

23 {4) I will permit eligible .pupils access to test materials only during testing

24 periods. I will. permit only eligible pupils who .are. testing, .and individuals. parkicipating in

25 the test administration who have signed an ELPAC Test Security Affidavit, to be in the

26 roam when and .where the. ELPRC assessments are :being administered.

27 (5) I will not allow any pupils to use any electronic devices that allow them to

28 access outside information, communicate with any other pupils, or photograph or copy

29 test content. This includes, but is not limited ta, cell phones, personal digital assistants,

30 tablets, laptops, cameras, and electronic translation devices.

31 (6} When acting as a test examiner, 1 will: (a) collect and account for all test

32 materials following each testing session; (b) not permit any pupils to remove any test16

1 materials. by any means from the roams} where testing takes place; and (c) .count all

2 test books and answer das~~s books before allowing any pupil to leave the .testing

3 room.

4 ~ (7) 1 will not review any test questions, passages, or other test items with any

5 pupils or .any other person at any time, including before., during, or following testing.

6 understand that this. includes any discussion between local educational agency (LEA)

7 staff for training or professional development, whether it be in a one-on-one or in a staff

8 meeting setting.

9 {8) I wilt not, for any test, develop scoring keys, review any pupil responses, or

10 prepare answer ~-ese~s books. l understand that this includes. coaching pupils or

11 providing any other type of assistance to any pupils that may affect their responses.

12 This includes,. but is not limited to, both verbal cues. and nonverbal cues that may

13 ...indicate correct or incorrect answers, or completing or changing .any pupils' answers.

14 (9} I will return all #est materials to the designated site ELPAC coordinator in

7 5 accordance with his or her instructions.

16 (10) When acting as a test examiner or proctor, !will actively supervise all pupils

17 throughout the testing session to .ensure that they are working on the correct test

18 section or .part, marking their answers. in the correct section of their answer ~ec~-~r-~e~s

19 books, following instructions, and are accessing only authorized materials {non-

20 embedded universal tools, designated supporks, or accommodations) for the test being

21 administered.

22 (11) I will administer the ELPAC in accordance with the directions for test

23 administration and test administration manuals prepared by the test contractor, or any

24 additional guidance,provided by the test contractor. I understand that the unauthorized

25 copying, sharing, or reusing of,any test book (test books may be appropriately reused

26 in accordance with the test contractor's terms and .conditions), test question, or answer

27 ~-est~e~ book by any means is prohibited. This includes, but is not limited to,

28 photocopying, recording, e-mailing, messaging (instant, text, or multimedia messaging

29 service, or digital application), using acamera/camera phone, and/or sharing ar posting

30 test content via the Internet without the express prior,written permission from the CDE

31 and test contractor.

17

1 (12) I have been trained to carry out my responsibilities in the administration of

2 the ELPRG.

3 By signing my name to this document, I assure that I have completely read this affidavit

4 and will abide by the above requirements and. have received all training necessary for.

5 the administration of the ELPAC.

6 Signed:

7 Print Name:

8 Position:

9 School

1 d LEA:

11 Date;

12 (~ To maintain the security of the ELPAC, all LEA E~,PAC coordinators and site

13 ELPAC coordinators shall immediately, within 24 hours, notify the test. contractor of any..._

14 security breaches ar testing irregularities occurring before, during, .and/or after any

15 ELPAC test administratian(s).

16 NOTE; Authority cited: Section 33031, Education Code. Reference: Sections 306, 313

17 and 60810, Education Code; and 20 U.S.C. Sections 141.2, 631.1, 631.2., 6821 and

1$ 6$23.

19

20 § 11518.70. Excessive Material Orders.

21 (a) For both the initial and summative assessments, each LEA is responsible for

22 the cost of excessive materials ordered annually by the LEA.

23 (1) In no event shat! the cost to the LEA for excessive materials exceed the

24 amount per test booker and accompanying material that is paid to the test contractor

25 by the CDE ,as part of the contract with the test contractor far the applicable year,

26 (b) An .LEA shall .not be responsible for the cost of test materials last through no

27 fault of the LEA.

28 (c) An LEA shall reimburse the test contractor within 6Q calendar days of the

29 LEA's receipt of the test contractor's notice of excessive. materials charges.

3Q NOTE: Authority cited: Section 33031, Education Code. Reference: Sections 313 and

31 6Q810, Education Code; and 20.U.S,G. Sections 6311, 6312, 6821 and 6823.

1

2 ~ 11518.75. Data Elements for Test Registration, Analysis of Pupil Proficiency,

3 and State and Federal Reporting.

4 (a) In order to assess all eligible pupils pursuant to Education Code section

5 60810 and meet state and federal .accountability and reporting obligations., each LEA

6 shall provide, any and all program and demographic pupil data requested by the CDE

7 for inclusion in GALPADS.

8 {b) In addition to .the demographic and program data required to be reported in

9 subdivision (a) above, each LEA shall report to the test contractor the following

10 information, as .applicable:

11 {1) Pupil's ful! name;

12 ~ (2) Pupil's .date of birth;

13 (3) County-District-Schao! code;

14 (4) Date testing completed;

15 (5). Pupil's grade level. at time. of test administration;

16 (6} Pupil's. gender;

17 {7) Pupil's most recent prior CELDT or ELPAC scale scores;

18 (8) Pupil's grade level from the most recent prior CE~DT or ELPAC

19 administration;

20 {9) Pupil's ,use of accommodation(s);

21 (10) Pupil's use of alternate assessment{s); a~

22 (11) Pupil's exemption from assessment in one or more of the domains of

23 listening, speaking, reading or writing as set forth in section 11518 25(c)• and

24 (12~-) Pupil's Statewide Student Identifier.

25 NOTE: Authority cited: Section 33037, Education Code. Reference: Sections 313,

26 60810 and. 60812, Education Code; and 20 U.S.C. Sections 1412, 6311, 6312, 6821,

27 6823, 6825., 6.826, 6841 and 6843.

28

m

1 Article 6. Apportionment

2 § 11519.5. Apportionment Information Report.

3 (a) Annually, the CDE shall make available electronicaliv to each LEA an

4 apportionment..information report which .shall .include the following information provided

5 to the test contractor for those tests administered during the. previous fiscal year (July 1

6 through June 30):

7 (1) Initial assessment: The number of e{igible pupils assessed on the ELPAC

8 initial assessmentwithinthe initial assessment window as indicated by the number of

9 answer ~e~~~e~#s books scored by the LEA and entered into the local scoring tool for

10 each administration.

11 (2) Summative assessment: The number of eligible. pupils assessed on the

12 ELPAC summative assessment within the annual summative assessment window as

13 indicated by the number of answer deems#~s books submitted to and scored by the

14 test contractor for each administration.

15 (A) If multiple answer books for an individual pupil are submit#ed to the test

16 contractor, only the LEA that submitted the answer book with the earliest date testing

17 completed will be eligible for apportionment.

18 {b) The GDE shall ~+s~t~i emake available electronically-an#fie-apportionment

19 information reports to each I.EAc ̂ ^ ~~+or +~,n no,:o,,,har ~ annually.

20 {c) To be eligible far an apportionment payment for the ELPAC, LEAs shall

21 annually meet the following conditions:

22 (1) The SEA shall have returned to the contractor and/or locally destroyed in a

23 secure manner all secure test materials, and

24 (2) The LEA superintendent shall have certified the accuracy of the

25 apportionment information report for the administration of the initial and summative

26 assessments during the prior fiscal .year (July 1 through June. 30), which is e+t~e~-

27 transmitted electronically in a manner prescribed by the test contractor.

28

29 .

m

1

2 ,

3

4 NOTE: Authority cited: Section 33.031, Education Code. Reference: Sections 313 and

5 60810, Education Code.

6

7 06-20-7 8 [California Department of Education]

21

FINDING OF EMERGENCY

English Language Proficiency Assessments for California (ELPAC)

The State Board of Education (SBE) finds that an emergency exists and that theemergency regulations adopted .are necessary to .avoid. serious harm to the publicpeace, health, safety, or general wel#are, especially the welfare of pupils attendingCalifornia's public schools,

SPECIFIC FACTS DEMONSTRATING THE EXISTENCE OF AN EMERGENCY ANDTHE NEED FOR IMMEDIATE ACTION

Overview

The. proposed .amendments. to California Code of Regulations, title 5, sections 11517.6,~ 1518, 11.518.1.5, 1151$.20, 11518.25, 11815.3Q, 17 518.35, 11518,40, 7 7 51$.45,11518.50, 11518,70, .11518.75, and 1.1519.5 .must be adopted on an emergency basisin order to proceed. in a timely manner with .the 2018-7 9 administration of the ELPACinitial and summative assessments pursuant to the. requirements of Education Codesection 60810. The purpose of the proposed amendments is to ensure the correct,efficient, and .standardized administration of the ELPAC initial. and summativeassessments .according to required state and federal. guidelines and to maintainaccuracy, reliability,.and validity of measuresand timely reporting of the test results, inso doing, prevent harm to .the public peace, health, safety, and general welfare ofpupils. .

Background

For many years, the State of California implemented a statewide English languageproficiency assessment, as required by federal law. through the California EnglishLanguage Development lest or GELDT. Pursuant to Education Code section 60810,California Code of Regulations, title 5 (CCR 5), 11517.6 to 1.1519.5 were developed bythe California Department of Education. {CDE) to .conform the regulations to theEducation Code. These regulations, initially approved by the State Board of Education(SBEj on June 5, 2Q17, were adopted by the t3ffice of Administrative Law (OAL) onOctober ~ , 2017. Under the. newly-adopted regula#ions, the first operationaladministration of the ELPAC summative assessment took place February 1 throughMay 31, 2018.

In the ongoing effort to improve the administration procedures and to provide clarifyinginformation to local educational agencies (LEAs) for the ELPAC, additional changes forsupporting a smooth test administration with valid and. reliable. test results .are identifiedas critical and are being presented #o the SBE in July 2018, subsequent to the firstoperational administration. The. proposed regulations revise definitions, requirements,responsibilities and guidelines for the administration, accessibility resources, testsecurity, reporting, and apportionment related.#o the ELPAC.

The CDE, with the help of its testing contractor, completed a review of the proceduresand responses from the post-test administration survey regarding the 2018 ELPAC

summative assessment administration and determined #hat changes to testingprocedures, regulation language, clarification #o LEA responsibilities., apportionment,and #esting accessibility would greatly increase efficiency and maintain accuracy in theprocessing and repor#ing of the #est results. Finally, ELPAC regulations must beamended. to ensure that California's English language proficiency assessment conformsto federal laws, to address the new reporting requirements related to testing ofpupilswith. the. most significant cognitive disabilities under the new federal Every StudentSucceeds Act (ESSA) (34 Code of Federal Regulations 200.6)....

Specific Basis for the Finding of Emergency

The regulations which govern statewide English language proficiency testing must be asclear, efficient, and effective as .possible #o ensure the federally-required goal ofproducing valid. and reliablestatewidetesting results and the timely :reporting of thoseresults.. Specifically, the proposed changes must be enacted on an emergency basisbecause. these amendments are necessary to ensure that assessments. for the .2018-19administration of ELPAC continue to produce valid .and reliable statewide testing resultsand ensures #imely reporting of #hose results.

The proposed accessibility resources and amendments to accessibility resources inSection 11518..35 are necessary, on an emergency basis, to update the types ofaccessibility supports that can be used for the adminis#ration of the ELPAC initial and.surnmative assessments. The initial assessment window opens July 1, 2078 whichmakes it imperative #hat these amendments be enacted. immediately, on an emergencybasis. Additionally, ESSA allows a domain to be exempted for testing English learnerswith disabilities, in which there are no appropriate accommodations, to access a domain

- (listening, speaking, reading, and writing). Enac#ing these emergency regula#ions createan allowance of valid scores fiar this student population who could not previously accessspecific domains due to their disability. Individualized Education Program (IEP) teamsand Section 504 plan Learns are currently meeting, and by implementing .these...regulations now (as allowed by state law), ensure that appropriate accessibility supportsare incorporated into pupils' IEPs or Section 504 plans.

In further :review of 34 Code of Federal Regulations Part 200.6, the inclusion of theSection 504 plan subgroup in relation fa the alternate assessment needs to be removedfrom the ELPAC regulations. This change to the regulations compounds the need forapproval of the emergency regulations as IEP and Section 504 plan teams arepreparing for the upcoming school year.

Next, two positions are being. added to the EI.PAC .regulations definitions that. are newfor the ELPAC initial. assessment. As previously noted., the testing window for the initialassessment begins an July 1, 2018, which is before the permanent regulations wouldbe approved, prompting the necessity for implementing the emergency .regulations.These positions. include people who input student's raw scores, produce an official initialstudent score report, .and create an Initial Parent Notification .Letter to fulfill the FederalTitle I or Title III and state requirements.

The regulations also amend language about retention of the test security affidavit aspart of the responsibilities of the LEA E~PRC coordinator and the site ELPACcoordinator. Site ELPAC coordinators will be collecting these affidavits from their testexaminers starting .July 1, 2018, with the opening of the E~PAC initial assessmentwindow..Enacting these. regulations on an emergency basis will allow for immediateguidance to be provided to LEAs. on the retention. of the test security affidavits..

Additionally, there are amendments in the apportionment section of the regulationswhich .are changes from previous practice. Allowing these regulations to be enactedimmediately, on an emergency basis, will allow for communication to LEAs regardingthe;change in .process in which apportionment reports will be delivered and thatdeadline restrictions are eliminated. The waiver .process requires LEAs to conduct apublic hearing, have their request approved by #heir local governing board, and thensubmit their request to the SBE .for. consideration. Only when a waiver request has beenheard and: approved by the SBE, can an SEA then be paid its .apportionment. This,change would relieve LEAs from having to complete this process to receive itsapportionment.

The following timeline illustrates the necessity of emergency regulations in order for theCDE to maintain compliance until permanent regulations become final.

Action* Estimated Completion DateInitial ELPAC testing window opens July 1, 2018

SBE approves agenda items for the July 11-12, 2018commencement of the emergency. regulationsand approves commencement of theamendrra~nts to the permanent. rulemakingprocessSubmit emergency rulemaking package to July 23, 2018flAL for '10-da reviewPublic comment period for permanent July 28-September 10, 2018rulernaking process__~r~ergency regulations effective for Augusfi 2, 2018-January 29,ap~roximatel 9 80 da s 207 9CDE eifiher develops.Final Statement of September 11-17, 2019Reasons based upon public comments) .andprepares to present to ~~lE on the November2018 agenda or amends regulations andprepares for 15-da comment eriodCDE's statewide trainings begin for ELPAC October 2Q18summative assessment

SBE adopts proposed regulations or November 8-9, 2018a proves 15-da comment periodCDE submits .regular rulemaking to OAL (if no November 19, 201815-day comment period is necessa }

Action* Estimated Completion DateOAS a proval of permanent re ulations Janua 4, 2019ELPAC summative assessment window February 1, 2019opens

These actions represent a small, but relevant, fraction of the detail of the adoptionprocess. _

These Issues Could. Not Be Addressed Through Nonemergency Regulations.

Following the regular rulemaking schedule #o make the. proposed .amendments. to theregulations rather than adopting the regulations on an emergency basis will cause theELPAC assessments to be out of compliance with 34 Code of Federal Regulations,200.6, which has an allowancefor students #o be exempted from a...domain for whichthere are no appropriate accommodations. if the proposed accessibility suppor#s are notincorporated., achievement measures may not be accurate, reliable, .and .valid..Consequently, calculations based on inaccurate. measures will harm. pupils and LEAs bynot providing the information. needed for appropriate instruction and accountability (forboth federal and. state.. accountability purposes). _ _ _ _ ___

N4N-DUPLICATION

Government Code section 11349.prohibits unnecessary duplication of state or federalstatutes in regulation. In this case, duplication of certain state statutes in the proposedemergency regulations is necessary for purposes of .clarify and ease of reading.

AUTHORITY AND REFERENCE

Authority: Section 33031, Education Cade.

Reference: Sections 306, 313, 37200, 60810, 60$12, and 60900, Education Code; 20U.S.C. Sections 14.12, 6311, 6312, 6821,..6823, 6825, 6$26, 6841, 6843, and 7801; and.34 Code of Federal Regulations 200..6..

INFORMATIVE DIGEST

Education Code section 313 requires school districts, county offices of education andcharter schools,. collectively referred to as LEAs, to assess English language proficiency(ELP~ of its pupils to the extent required by federal and state Jaw. Assessment of apupil's EI.P is required upon initial enrollment after a survey of a pupil's languageindicates. a primary or native language.. other #han English, and annually thereafter until apupil is redesignated as English proficient. The CDE is responsible far the oversight ofthe state test of ELP, as set forth in Education Code sections 313 and 60810.

The ELPAC regulations were approved on June 5, 2Q17; and became effective onOctober 1, 2017.. Since theapproval of the regulations, the CDE has received feedbackand is proposing amendments to the current regulations based on educator and testexaminer feedback from field test and operational administrations, as well as to reflectadditional necessary changes in test administration determined by the test contractor

and the CDE, and cognitive labs currently being conducted. In addition to the reasonsstated above, the CDE is .also proposing changes to the regulations to provide clear andconsistent language between the regulations and the administration of the ELPRC andthe ELPAC testing materials.

Senate Bill (SB) 201 (Chapter 478, Statutes of 2013),. amended existing EducationCode sections 313 and 60810 (SB 201, sections 2 and 5) and. added .new EducationCode sections 313 .and 60810 (SB 20.1, sections 3 and 6). Newly added :Education . .Code section 6Q810, subdivisions (d) and {fl, requires two separate assessments; (1)an initial assessment to determine if apupil is an English learner (EL), as defined byEducation Code section 306; and. (2) an annual summative assessmen# to identify an

EL's level of ELP, and also. to measure an EL's progress in learning English. Combined,these assessments are described as the ELPAC. Currently, .the California Englishlanguage Development Tes# {CELDT) serves the purpose of initial identification, andthe ELPAC segues as the summative assessment. Beginning July 1, 2Q1$, the .initial

E~PAC will be :operational. and. the CELDT will no .longer be in operation. EducationCode section 313(d)(2) (SB 201, section 3), specified the ELPAC summativeassessment is to be conducted annually during a #our-month period after January 1determined by .the State Superintendent of .Public .Instruction (SSPI), with the approval

of the SBE.

In addition, Assembly Bill (AB) 124 (Chapter 605, Statutes of2012) required the SSPI,

in consultation with the SBE, #aupdate, revise, and align English .LanguageDevelopment Standards (ELD Standards) to the State's English language artsstandards. As required by AB 124, the SBE adopted the updated and revised ELDStandards in November 20..72. The new ELPAC initial and summative assessmentsrequired by SB 201 will be aligned to the 2012 ELD Standards, as required byEducation Code section 60810, subdivisions (c)(5) and (e)(7) (SB 201, section fi). The

ELPAC assessments will be administered in the place of CEI~DT once they are. ready

for administration, as, specified in Education Cade section 60810(f~ (SB 201, section 5)

and Education Code..section 60810(h) (SB 207, section 6).

These. proposed regulations are necessary in order for LEAs to successfully assess the

ELP of eligible pupils using the new ELPAC initial and summative assessments, which

are required by the provisions of Education.Code sections 313 and.60810 (SB201

sections 3 and 6). Through #his rulemaking .process, the SBE will define additional roles

in the administration and scoring. of the ELPAC, provide consistent language throughout

the regulations, include the provision of a disability exemption per ESSA, addition of and

revisions to accommodations for ELs with .disabilities, andclarifying .language #or LEAs

for responsibilities of testing materials. Overall, these proposed regulations arenecessary to provide specificity and consistency of administration of .the ELPAC byLEAs,.Therefore, the.SBE proposes to amend the California.Code of Regulations, title

5, by amending sections 11517,6, 1.1518., 17 518.15, 11518,20, 11518.25, 1 ~ 518.30,11518.35,..11518.40, 1.1.518.45, 11518.50, 11518.70, 11518.75, and 115.19.5 toimplement Education Cade sections 313 and 6Q810 (SB 201, sections 3 and 6).

SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS

The specific benefits of the proposed regulations .include statewide .consistency for theadministration and scoring of the ELPAC initial and summative assessments to alleligible pupils. The proposed .regulations include changes resulting from testdevelopment, feedback from field testing, feedback from the administration of the firstsummative operational assessment, results from cognitive labs, and. changes for testingstudents with .disabilities ESSA which allows for a disability exemption for students whocannot access a domain(s).

In order for all eligible pupils to access valid and .reliable assessments of ELP consistentwith state and federal law, these regulations. propose a consistent procedure forstatewide administration of the E~PAC by LEAs.

MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS

The proposed regulations do not impose a reimbursable mandate on the .LEA.

COST OR SAVINGS TO ANY STATE AGENCY

These emergency regulations will not result in any additionalcosts ar savings to LEAs,state agencies, or #ederal funding to .the State,

NON-DISCRETIONARY COSTS OR SAVINGS IMPOSED UPON LOCAL AGENCIES.

The emergency regulations will not result in any additional non-discretionary costs orsavings upon focal agencies.

06-20-18 [California Department of Education]