3301-13-11 Establishing provisions for the exemption of first year limited English proficient students and for the allowance of accommodations for limited English proficient students.

(A) A student shall be identified as limited English proficient by a participating school if the student meets all the criteria in paragraphs (A)(1) and (A)(2) of this rule.

(1) The student's primary language is not English, student is aged three through twenty-one and enrolled or preparing to enroll in an elementary or secondary school; and

(a) The student was not born in the United States or whose native language is a language other than English; or

(b) The student is a Native American, Alaska Native, or a native resident of outlying areas and who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or

(c) The student is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

(2) Within the each school year (from July first through June thirtieth), the student has been identified in accordance with the English language proficiency standards approved by the department of education as being an individual whose difficulties speaking, reading, writing, or understanding the English language may be sufficient to deny the individual one of the following:

[English language proficiency standards referenced throughout this rule can be accessed at education.ohio.gov by entering English language proficiency standards in the search box at the top of the page.]

(a) The ability to meet the proficient level of achievement on statewide proficiency or achievement tests;

(b) The ability to achieve successfully in classrooms where the language of instruction is English; or

(c) The opportunity to participate fully in society.

(3) A limited English proficient student shall be exited from a participating school's limited English proficient program and shall no longer be identified as limited English proficient when the student has met one of the conditions described in paragraph (A)(3)(a), (A)(3)(b), or (A)(3)(c) of this rule.

(a) The student is in grade three through twelve and has attained the composite score of five on Ohio's approved English language proficiency assessment;

(b) The student is in grades four through twelve and has attained a composite score of four on Ohio's approved English language proficiency assessment, has subsequently completed a trial period of mainstream instruction, and has attained a composite score of four or five on Ohio's approved English language proficiency assessment during the trial mainstream period; or

(c) The student is in grade three and has attained a composite score of four or five on Ohio's approved English language proficiency assessment in grade two, and has attained a composite score of four on Ohio's English language proficiency assessment during the completion of a trial period of mainstream instruction in grade three.

((d) Students in grades kindergarten through two shall not be exited from the LEP program.

Once the student has met the criteria in paragraph (A)(3)(A)(3)(a), (A)(3)(b), or (A)(3)(c) of this rule, the student shall be exited from the program of supplementary limited English proficient services; for example, English as a second language (ESL) instruction or bilingual education; the student's educational management information system (EMIS) record shall be changed by school districts and community schools to show a reclassification from limited English proficient; and the student shall participate in statewide proficiency and achievement testing without accommodations.

(B) A student who is identified as limited English proficient in accordance with paragraph (A) of this rule, who has been enrolled in United States schools for no more than one-hundred and eighty school days and who has not been previously exempted from taking the spring administration of any statewide reading or writing achievement test, shall be granted a one-year exemption from taking any required statewide reading and writing achievement test other than that required to determine English language proficiency.

(C) Each participating school shall adopt a policy and procedures regarding the participation of limited English proficient students in statewide proficiency or achievement tests. Such policy and procedures shall include and be consistent with the provisions of this rule.

(D) For any limited English proficient student who has been enrolled in United States schools for no more than one-hundred and eighty school days and has not previously been exempted from taking the spring administration of any statewide reading or writing achievement test, and prior to such student being granted an exemption from taking any statewide reading or writing proficiency or achievement test, the participating school first shall assess the student's progress in learning English in accordance with the English language proficiency standards approved by the department of education to determine whether the student meets the eligibility criteria for a limited English proficient student as required by paragraph (A) of this rule. Each limited English proficient student shall be assessed annually with Ohio's approved English language proficiency test to provide documentation that the student meets the eligibility criteria for a limited English proficient student as required by paragraph (A) of this rule.

(E) A limited English proficient student who is granted an exemption from taking a reading or writing proficiency or achievement test pursuant to paragraph (B) of this rule and, thus, is not required to take such a test, nevertheless shall not be prohibited from voluntarily taking any such test despite such an exemption.

(F) Except as provided for in paragraph (F) of this rule, the test results of any limited English proficient student who has been granted an exemption from taking a statewide reading or writing proficiency or achievement test pursuant to paragraph (B) of this rule, shall not be included in calculating performance index scores, rates of achievement on local report card indicators established by the state board of education under section 3302.02 of the Revised Code, and adequate yearly progress for school districts and buildings under section division (D) of section 3302.03 of the Revised Code.

[Local report card indicators can be accessed at education.ohio.gov by entering local report card indicators into the search box at the top of the page.]

Notwithstanding an exemption being granted pursuant to paragraph (B) of this rule, and regardless of whether or not such a limited English proficient student actually takes a reading or writing proficiency or achievement test voluntarily despite an exemption, each limited English proficient student shall be counted as having taken the test for purposes of meeting the ninety-five percent participation rate requirement of adequate yearly progress pursuant to division (D) of section 3302.01 and division (D)(2)(c) of section 3302.03 of the Revised Code, provided that each such student's English language proficiency progress has been assessed in accordance with paragraphs (A) and (D) of this rule.

(G) The following accommodations shall be allowed for all limited English proficient students during administration of any proficiency or achievement test:

(1) Use of dictionaries used to support classroom instruction, including, but not limited to, English to primary language and primary language to English; and

(2) Extended time to take each test, up to a maximum of one full school day, with the provision that the test must be completed within the same school day.

(3) An additional accommodation, which shall be provided to any LEP student who has been enrolled in United States schools for less than three full school years (five-hundred and thirty-three or fewer days) and who scores at either the beginning or intermediate level of the English language proficiency standards approved by the department of education in reading and writing, may include one of the types of accommodations specified annually by the department of education for a particular test or grade, such as the following:

(a) Standardized English audio recording of a test [secure: not available by reference];

(b) Examiner reads aloud a test in English instead of using an English audio recording;

(c) Standardized audio recording of a test [secure: not available by reference] translated into one of a number of native languages;

(d) Bilingual interpreter orally translates a test into one of a number of native languages, or

(e) A written bilingual form of a test in Spanish for grades three through eight [secure: not available by reference]. No written form of any graduation test in any language other than English shall be permitted, since passage of all Ohio graduation tests is a requirement for graduation.

(H) When a student can no longer be classified as limited English proficient according to paragraph (A) of this rule, such a student shall take all required statewide proficiency or achievement tests unless excused from taking a test and instead taking an alternate assessment [secure: not available by reference] as specified in the student's IEP in accordance with rule 3301-13-03 of the Administrative Code.

(I) The exemption of a first year limited English proficient student shall not be interpreted to mean that such a student is exempt from meeting all proficiency or achievement test requirements for graduation in accordance with section 3313.61 or 3313.612 of the Revised Code.

R.C. 119.032 review dates: 11/01/2012 and 11/01/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3301.0710 , 3301.0711
Rule Amplifies: 3301.0710 , 3301.0711 , 3301.0712
Prior Effective Dates: 8-10-00; 8-22-02; 12-27-2007; 7/23/2010