Students in Native American language schools or programs
(j) Students in Native American language schools or programs. (1) Except as provided in paragraph (j)(2) of this section, a State is not required to assess, using an assessment written in English, student achievement in meeting the challenging State academic standards in reading/language arts, mathematics, or science for a student who is enrolled in a school or program that provides instruction primarily in a Native American language if (i) The State provides such an assessment in the Native American language to all students in the school or program, consistent with the requirements of 200.2; (ii) The State submits evidence regarding any such assessment in the Native American language for peer review as part of its State assessment system, consistent with 200.2(d), and receives approval that the assessment meets all applicable requirements; and (iii) For an English learner, as defined in section 8101(20)(C)(ii) of the Act, the State continues to assess the English language proficiency of such English learner, using the annual English language proficiency assessment required under paragraph (h) of this section, and provides appropriate services to enable him or her to attain proficiency in English. (2) Notwithstanding paragraph (g) of this section, the State must assess under 200.5(a)(1)(i)(B), using assessments written in English, the achievement of each student enrolled in such a school or program in meeting the challenging State academic standards in reading/language arts, at a minimum, at least once in grades 9 through 12.