Section 13.09. Testing of LEP pupils.

 

(1)   Policies. Each school board policy under s. PI 13.05 shall include procedures regarding the testing of LEP pupils. A charter school whose population includes one or more LEP pupils shall adopt a policy regarding the testing of LEP pupils. The policy under this subsection shall include all of the following assurances:

(a) Test administration to an LEP pupil shall be made on an individual basis and information on both academic and English proficiency data shall be documented.

(b) Test results may not be used as the sole criterion in re-classifying an LEP pupil from a bilingual-bicultural education program or in determining grade promotion, eligibility for courses or programs, eligibility for graduation or eligibility for participation in postsecondary education opportunities.

(c) Exemption of an LEP pupil from taking a test may not be used as the sole criterion in determining grade promotion, eligibility for courses or programs, eligibility for graduation or eligibility for participation in postsecondary education opportunities.

(2)   Test or alternate assessment administration.

(a) A school board and charter school shall make case-by-case determinations as to whether an LEP pupil shall take a test or alternate assessment. A school board and charter school may not exempt LEP pupils from academic assessments based on their LEP status.

(b) A school board and charter school shall administer a test to an LEP pupil unless a determination has been made that the results of the test, with allowable accommodations made for the pupil as needed, will not be a valid and reliable indicator of the pupil's academic knowledge and skills.

(c) A school board and charter school that exempts an LEP pupil from taking a test shall provide a department-approved alternate assessment for that pupil.

(d) A school board and charter school shall administer tests, alternate assessments or both to an LEP pupil as follows:

1. Except as specified under subd. 2. , pupils at English proficiency levels 1 or 2 under s. PI 13.08 (1) or (2) , shall participate in an alternate assessment even if these pupils participate in a test.

2.

a. Except as provided in this subd. 2. b. , pupils at English proficiency levels 1 or 2 under s. PI 13.08 (1) or (2) who have attended school in the first grade or any higher grade in the United States, not including Puerto Rico, for 3 or more full consecutive school years shall participate in academic assessment of reading or English language arts using tests written in English.

b. A school district or charter school may continue, for no more than 2 additional consecutive school years, to assess a pupil described in this subd. 2. a. with an alternate assessment, rather than the tests under this subd. 2. a. , if the school district or charter school determines, on a case-by-case basis, that the pupil has not reached a level of English language proficiency sufficient for the tests written in English to yield valid and reliable information about what the pupil knows and can do.

3. Pupils at English proficiency levels 3 through 5 under s. PI 13.08 (3) through (5) , shall participate in a test but may also participate in an alternate assessment.

(e) An alternate assessment provided under this subsection shall be approved by the department and shall be provided in each assessed subject area as the test.

(3)   Test accommodations. A school board and charter school that includes an LEP pupil in a test shall provide testing accommodations, if the pupil needs such accommodations. Any accommodations made shall maintain the validity of the test and may include, but are not limited to, one or more of the following:

(a) Provide the assistance of a qualified translator to translate instructions or read items from tests that do not assess English language competency.

(b) Provide small group or individual testing opportunities.

(c) Provide more practice tests or examples before the actual test is administered.

(d) Allow LEP pupils to use dictionaries and other educational aids while taking the test unless this use would invalidate the test.

(e) Allow pupils as much time as necessary to complete the test.

(f) Allow any other method approved by the department.

(4)   Test results. A school board and charter school that administers a test, an alternate assessment or both to an LEP pupil shall use or report the results as follows:

(a) The results of both the test and alternate assessment shall be used consistent with the board's policies developed under s. 118.33 (1) (f) and (6) , Stats., in making instructional, promotion, and graduation decisions.

(b) The results of the test, not the alternate assessment if both are given, shall be reported to the department.

(c) The results of the alternate assessment, if a test is not given, shall be reported to the department.

History: CR 01-069 : cr. Register November 2002 No. 563 , eff. 12-1-02.