Sec. 11518.30 - Alternate English Language Proficiency Assessments

ยง 11518.30. Alternate English Language Proficiency Assessments

(a) When a pupil's IEP team determines that the pupil has a significant cognitive disability such that the pupil is unable to participate in the initial or summative assessment, or a section of either test, even with resources, the pupil shall be assessed using a locally administered alternate assessment(s) for English language proficiency, as specified in the pupil's IEP.

(b) Subsection (a) will cease to apply once the Alternate ELPAC is operational, at which time subsections (c), (d), (e), and (f) will be in effect.

(c) When a pupil's IEP team determines that a pupil has a significant cognitive disability such that the pupil is unable to participate in the initial or summative assessment, or a section of either test, even with resources, the pupil shall be assessed using the statewide alternate assessment(s), initial or summative, for English language proficiency, as specified in the pupil's IEP.

(d) Administration of the alternate assessment to eligible pupils shall be one-on-one (test examiner to pupil).

(e) Depending upon the pupil's disability or needs, the alternate assessment may or may not include the pupil's independent use of the testing interface.

(f) With the exception of inappropriate test practices listed in the TAM, eligible pupils may have instructional supports, including physical supports, in addition to resources documented in the pupil's IEP.

(1. New section filed 6-5-2017; operative 10-1-2017 (Register 2017, No. 23). 2. Amendment of section and Note 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 A Certificate of Compliance must be transmitted to OAL by 1-30-2019 or emergency language will be repealed by operation of law on the following day. 3.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 section heading and section 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 A Certificate of Compliance must be transmitted to OAL by 1-28-2020 or emergency language will be repealed by operation of law on the following day. 5.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 section heading and section 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 A Certificate of Compliance must be transmitted to OAL by 4-28-2020 or emergency language will be repealed by operation of law on the following day.)

Note: Authority cited: Section 33031, Education Code. Reference: Sections 306, 313 and 60810, Education Code; 20 U.S.C. Sections 1412, 6311, 6821, 6823, 6825 and 6826; and 34 Code of Federal Regulations Section 200.6(h)(5).

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