Current through Register 2021 Notice, Register No. 40, October 1, 2021
The following definitions apply to the ELPAC:
(a) "Accommodations" means resources
documented in a pupil's individualized education program (IEP) or Section 504
Plan that an eligible pupil regularly uses in the classroom for instruction
and/or assessment(s) and that are 1) either utilized in the assessment
environment or 2) consist of changes in procedures or materials that increase
equitable access to the assessment. Accommodations may not fundamentally alter
the comparability of test scores.
(b) "Administration" means an eligible
pupil's attempt to take any part of the ELPAC initial or summative
assessment" or "Alternate ELPAC," when operational, is an alternate means,
identified in the IEPs for eligible pupils with the most significant cognitive
disabilities, to measure English language proficiency.
(d) "Annual summative assessment window"
begins on February 1 and ends on May 31 of each school year.
(e) "Assessment management system" means the
test operations management system that is a set of web applications that manage
the registration of pupils for tests, machine or hand scoring of test items,
integration of item scores into an overall test score, and delivery of scores
to the data warehouse.
"Assessment technology platform" means the underlying computer systems on which
ELPAC applications run. It is comprised of two components, the assessment
management system and the test delivery system.
(g) "Data warehouse" means a comprehensive
storehouse of test registrations and results and a system to generate reports
on, or extracts of, that data.
"Designated interface assistant" is an employee of a local educational agency
(LEA), trained as an ELPAC test examiner who is available to assist pupils who
need assistance with response entry into the online test delivery system; this
is a non-embedded designated support.
(i) "Designated supports" are resources that
an eligible pupil regularly uses in the classroom for instruction and/or
assessment(s) and that are available for use by any pupil for whom a need has
been indicated, prior to assessment administration, by an educator or a team of
educators (with parent/guardian and pupil input, as appropriate) or specified
in the pupil's IEP or Section 504 Plan.
(j) "Domain" means listening, speaking,
reading, or writing, as described in Education Code section
(k) "ELPAC initial assessment criterion"
means a performance-level cut score on the initial assessment that is at or
above the State Board of Education (SBE)-approved definition of English
test examiner" is an employee or contractor of an local educational agency
(LEA) or nonpublic school (NPS) who has electronically agreed to an ELPAC Test
Security Affidavit, who is proficient in English and has complete command of
pronunciation, intonation, and fluency, and who certifies completion of
training in the administration of the ELPAC.
(m) "ELPAC trainer" is an employee or
contractor of an LEA or NPS responsible for the annual training of ELPAC test
(n) "Embedded" means a
resource, whether a universal tool, designated support, or accommodation, that
is part of the test delivery system for the computer-based ELPAC.
(o) "Expandable passages" and "expandable
items" are embedded accessibility resources that allow the passage or item to
take up a larger portion of the computer screen.
(p) "Excessive materials" means the
difference between the total number of paper tests scored and 90 percent of the
paper tests ordered annually by the LEA.
(q) "Grade" means the grade in which a pupil
is enrolled at the time of testing, or if enrolled in an ungraded program, the
grade to which the LEA assigns the pupil for assessment purposes.
(r) "Initial assessment" means the ELPAC
assessment that is locally scored and is used to determine the English language
proficiency of eligible pupils, as specified in section 11518(ag) or section
(s) "Initial assessment window" begins on
July 1 and ends on June 30 of each school year.
(t) "Initial California enrollment" means the
first day on which a pupil is in attendance in a California public
supports" are all supports, including those supports documented in a pupil's
IEP or Section 504 Plan, that may be used in daily instruction and for
assessment(s), including language and physical supports.
(v) "Local educational agency (LEA)" means an
elementary, high school, and unified school district, county office of
education, any charter school that for assessment purposes does not elect to be
part of the school district or county office of education that granted the
charter, and any charter school chartered by the SBE.
(w) "LEA ELPAC coordinator" is an employee of
an LEA who is designated by the LEA superintendent to oversee the
administration of the ELPAC assessments.
(x) "LEA superintendent" for purposes of
these regulations includes an administrator of a charter school that is an LEA
as defined by subdivision (v).
"Local scoring tool (LST) correspondence administrator" is an employee of an
LEA who enters pupils' initial assessment scores into the local scoring tool
from the score sheet in the answer book and has the authority to generate
reports of pupils' aggregate and individual scores at the LEA level.
(z) "LST data entry staff" is an employee of
an LEA who enters pupils' initial assessment scores into the local scoring tool
from the score sheet in the answer book and has the authority to print
individual pupil score reports at the site level.
(aa) "Non-embedded" means a resource, whether
a universal tool, designated support, or accommodation, that may be provided by
the LEA and is not part of the test delivery system for the computer-based
(ab) "Nonpublic schools
(NPS)" means nonpublic, nonsectarian schools as described in Education Code
(ac) "Personally identifiable information"
includes a pupil's name and/or any other direct personal identifiers, and
indirect identifiers, such as the pupil's address and personal characteristics,
and other information that makes a pupil's identity traceable through the use
of a single or multiple data source(s), including publicly available
(ad) "Primary or
native language" means the language used by a pupil, as identified in
accordance with the survey conducted pursuant to section
(ae) "Proctor" is an employee or contractor
of an LEA or NPS who electronically agrees to an ELPAC Test Security Affidavit
and completes training designed to prepare the employee to assist the test
examiner in the administration of the ELPAC.
(af) "Pupil" refers to a student enrolled in
a California public school or NPS.
"Pupil eligible for the initial
(1) a pupil whose primary or
native language is a language other than English as determined by the survey
conducted pursuant to section
or who is identified for administration of the initial ELPAC assessment
pursuant to section
(2) who has not previously been classified
as an English learner (EL) by a California public school; and
(3) who has no record of results from an
administration of the California English Language Development Test, or the
ELPAC initial or summative assessment.
(ah) "Pupil eligible for the summative
assessment" is a pupil who is classified as EL in accordance with these
"Pupil with a
disability" is a pupil who has an IEP in accordance with Education Code section
or a Section 504 Plan in accordance with the provisions of Section 504 of the
Rehabilitation Act of 1973 (
"Pupils with the most significant
cognitive disabilities" are pupils with a disability or disabilities, as
defined under title
United States Code section
, that significantly
impact(s) cognitive functioning and adaptive behavior and who require
extensive, direct individualized instruction and substantial supports to
achieve measurement on academic standards, provided that:
(1) The identification of a pupil as having a
particular disability as defined in Individuals with Disabilities Education
20 United States Code section
1400 et seq., shall not determine whether or
not a pupil is a "pupil with the most significant cognitive disabilities;"
(2) A "pupil with the most
significant cognitive disabilities" must not be identified as such based solely
on the pupil's previous low academic achievement or the pupil's previous need
for accommodations to participate in general statewide or local
(3) For purposes of
this definition, "adaptive behavior" means behavior essential for someone to
live independently and to function safely across three domains of daily life
skills: conceptual (e.g., language, functional academics, self-direction, money
management, and time concepts); social (e.g., interpersonal skills,
responsibility, self-esteem, wariness/naïveté, follow rules,
etiquette, and social problem solving); and practical (e.g., activities of
daily living, occupational skills, safety, healthcare, and travel).
"Record of results" includes:
(1) Pupil test results on the initial and/or
summative assessment; and
Parent or guardian notification letter of pupil results.
(al) "Registration system" means the
mechanism that provides administrators with the tools to manage users and
pupils participating in the computer-based ELPAC. The system uses a
role-specific design to restrict access to certain tasks based on the user's
designated role as well as to manage pupils' default test settings, designated
supports, and accommodations.
"Resource" refers to a universal tool, designated support, accommodation, or an
unlisted resource approved pursuant to section
Resources (including approved unlisted resources) do not change the construct
of the assessment.
(an) "Scribe" is
an employee or contractor of an LEA or NPS which is responsible to implement a
pupil's IEP, who electronically agrees to an ELPAC Test Security Affidavit, and
completes training to transcribe a pupil's responses to the format required by
the ELPAC assessment(s). A parent, guardian, or sibling of a pupil is not
eligible to be that pupil's scribe.
(ao) "Site ELPAC coordinator" is an employee
of an LEA designated by the LEA, or a person designated by an NPS, to oversee
the administration of ELPAC assessments for each test site.
(ap) "Streamlining" means a designated
support on a computer-based assessment that provides an alternate display of an
item, stacked into instructions, stimuli, and response choices.
(aq) "Summative assessment" means the annual
administration of the ELPAC assessment to identify a pupil's level of English
language proficiency and assess a pupil's progression in acquiring skills of
listening, speaking, reading, and writing.
(ar) "Test contractor" is the contractor
responsible for the development and administration of the ELPAC pursuant to
Education Code section
(as) "Test delivery system" consists of the
electronic systems used to display test items, accept and store item responses,
score items, and restrict access to outside sources. The test delivery system
includes technology required to administer computer-based tests.
(at) "Test administration manual (TAM)" means
the instructions provided by the ELPAC contractor for the purpose of training
and administering the respective ELPAC tests that must be adhered to in order
to ensure the security of valid and reliable tests and the reporting of
materials" include, but are not limited to, administration manuals,
administrative materials, test books, practice tests, scratch paper, answer
books, answer keys, scoring rubrics, and any of the materials developed and
provided by the test contractor.
(av) "Test navigation assistant" is an ELPAC
test examiner who is trained to assist pupil(s) with test navigation; this is a
non-embedded universal tool.
"Translator" is a person who has been assigned to translate the test directions
into the pupil's primary language defined in section 11518(ad), who
electronically agrees to an ELPAC Test Security Affidavit, as identified in
and who has received training specifically designed for preparation to assist
the test examiner in the administration of the assessments pursuant to
Education Code section
. A pupil's
parent, guardian, or sibling is not eligible to be the pupil's translator. A
translator must be:
(1) an employee of an
(2) an employee of the NPS;
(3) a person supervised by an
employee of an LEA or an employee of the NPS.
(ax) "Universal tools" means resources
available to all pupils who are administered the ELPAC assessments.
(ay) "Unlisted resource" means an
instructional support that a pupil regularly uses in daily instruction and/or
assessment that has not been previously identified as a universal tool,
designated support, or accommodation.