Sec. 11518.20 - Correction of Classification Errors
§ 11518.20. Correction of Classification Errors
(a) If a pupil is classified as EO pursuant to section 11518.5(b), but the LEA has an indication that the pupil's primary or native language is not English and the pupil is unable to perform ordinary classroom work in English, the LEA may collect and review evidence as described in subdivisions (d)(3) and (d)(4). Based upon this review, the LEA shall determine whether the pupil shall be administered the initial assessment in order to determine the pupil's classification. At least 10 calendar days prior to administration of the initial assessment, the LEA shall notify the pupil's parent or guardian in writing that the pupil will be assessed. If the LEA administers the initial assessment and if the pupil does not meet the ELPAC initial assessment criterion for proficiency, the LEA shall classify the pupil as EL. The LEA shall notify the pupil's parent or guardian in writing of the results of its review, including the evidence that led to the determination and the results of the initial assessment, as applicable, within 14 calendar days of its determination. The pupil's parent or guardian shall be entitled to request that the LEA review its determination following the procedure described in subdivision (c).
(b) If an LEA administers an initial or summative assessment to a pupil who is not eligible for the assessment as set forth in section 11518(ag) or (ah), the pupil's classification shall remain unchanged regardless of the assessment results, and the LEA shall not maintain any such results as a pupil record, including in CALPADS.
(c) Following the administration of the initial assessment to a pupil, but before the administration of the summative assessment to that pupil, upon request from the pupil's parent or guardian or a certificated employee of the LEA, an LEA shall collect and review evidence, as described in subdivision (d), about the pupil's English language proficiency. Based upon its review of the evidence, the LEA shall determine whether the pupil's classification should remain unchanged or be changed. The LEA shall notify the pupil's parent or guardian in writing of the results of the review within 14 calendar days of its determination. This review shall occur only once over the course of the pupil's enrollment in the California public school system.
(d) Evidence about the English language proficiency of a pupil for purposes of subdivision (c) shall include:
(1) The results of the survey administered pursuant to section 11518.5(a);
(2) The results of the assessment of the pupil's proficiency in English, using an objective assessment instrument, including, but not limited to, the initial assessment;
(3) Parent or guardian opinion and consultation results; and
(4) Evidence of the pupil's performance in the LEA's adopted course of study, including courses as described in Education Code sections 51210(for pupils in grades 1 to 6) and 51220(for pupils in grades 7 to 12) and English language development, as applicable, obtained from the pupil's classroom teacher and other certificated staff with direct responsibility for teacher or placement decisions.
(e) During the time evidence is being collected and reviewed, the pupil shall retain his or her original classification.(1. New section filed 6-5-2017; operative 10-1-2017 (Register 2017, No. 23). 2. Amendment of subsection (b) filed 8-3-2018 as an emergency; operative 8-3-2018 (Register 2018, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-30-2019 or emergency language will be repealed by operation of law on the following day. 3. Certificate of Compliance as to 8-3-2018 order transmitted to OAL 11-16-2018 and filed 12-31-2018 (Register 2019, No. 1). 4. Amendment of subsection (b) and amendment of Note filed 8-1-2019 as an emergency; operative 8-1-2019 (Register 2019, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2020 or emergency language will be repealed by operation of law on the following day. 5. Amendment of subsection (b) and amendment of Note refiled 1-17-2020 as an emergency; operative 1-29-2020 (Register 2020, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-28-2020 or emergency language will be repealed by operation of law on the following day.)
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