National Evaluation of 

Title III Implementation— 

Report on State and 

Local Implementation

Submitted to 

U.S. Department of Education 

Office of Planning, Evaluation and Policy Development 

Policy and Program Studies Service

Prepared by

Courtney Tanenbaum 

Andrea Boyle 

Kay Soga 

Kerstin Carlson Le Floch 

Laura Golden 

Megan Petroccia

Michele Toplitz

James Taylor, Project Director

Jennifer O’Day, Principal Investigator

American Institutes for Research

Washington, DC 

2012 
This report was prepared for the U.S. Department of Education under Contract Number ED-04-CO0025/0017. Elizabeth Eisner served as the contracting officer’s representative. The views expressed 

herein do not necessarily represent the positions or policies of the Department of Education. No official 

endorsement by the U.S. Department of Education is intended or should be inferred. In addition, any 

mention of trade names, commercial products, services or organizations in this report does not imply 

endorsement by the U.S. Department of Education. 

U.S. Department of Education

Arne Duncan 

Secretary

Office of Planning, Evaluation and Policy Development

Carmel Martin 

Assistant Secretary

Policy and Program Studies Service

Stuart Kerachsky 

Director

May 2012 

This report is in the public domain. Authorization to reproduce it in whole or in part is granted. 

Although permission to reprint this publication is not necessary, the citation should be U.S. Department 

of Education, Office of Planning, Evaluation and Policy Development, Policy and Program Studies 

Service, National Evaluation of Title III Implementation—Report on State and Local Implementation, Washington, 

DC, 2012. 

This report is also available on the Department’s website at 

http://www2.ed.gov/about/offices/list/opepd/ppss/reports.html#titleiii

On request, this publication is available in alternative formats, such as Braille, large print or CD. For 

more information, please contact the Department’s Alternate Format Center at 202-260-0852 or 202-

260-0818. 

Content Contact 

Liz Eisner 

202-260-1109 

elizabeth.eisner@ed.gov
Contents iii

Contents 

Exhibits ...................................................................................................................................... v

Acknowledgments .................................................................................................................... xi

Executive Summary ............................................................................................................... xiii

Focus of This Report .....................................................................................................................................xiii

Key Findings ....................................................................................................................................................xiv

Conclusion .....................................................................................................................................................xxiv

I. Introduction ......................................................................................................................... 1

Purpose of This Study ....................................................................................................................................... 3

Title III History and Provisions ....................................................................................................................... 4

Data and Method ............................................................................................................................................... 8

Considerations ..................................................................................................................................................13

Organization of This Report ..........................................................................................................................13

II. Identification and Exit of English Learners ..................................................................... 15

Overview of English Learners in Title III Districts ...................................................................................16

Classifying Students as English Learners .....................................................................................................17

Practices for Identifying Students as English Learners..............................................................................18

Practices for Exiting Students From English Learner Status....................................................................25

Chapter Conclusions .......................................................................................................................................34

III. Instructional Programming and Placement .................................................................... 37

Instructional Services for English Learners................................................................................................. 37

State Policies on English Learner Services and Placement........................................................................39

Services for English Learners Among Title III Districts...........................................................................42

District Practices for Placing Students Into English Learner Services....................................................48

Chapter Conclusions .......................................................................................................................................54

IV. Standards and Assessments ............................................................................................. 55

English Language Proficiency Standards......................................................................................................58

English Proficiency Assessments ..................................................................................................................65

Chapter Conclusions .......................................................................................................................................74

V. Title III Accountability ...................................................................................................... 75

Establishing Annual Measurable Achievement Objectives.......................................................................77
Contents iv

Characteristics of States’ Annual Measurable Achievement Objectives..................................................81

State and District Accountability Results.....................................................................................................85

Using Annual Measurable Achievement Objectives to Foster Improvement........................................89

Stakeholder Awareness and Notification .....................................................................................................90

Accountability Actions and Support .............................................................................................................93

Reported Benefits of Title III Accountability............................................................................................100

Chapter Conclusions .....................................................................................................................................101

VI. State and District Capacity to Implement Title III ....................................................... 103

State and District Infrastructure to Support ELs......................................................................................103

State Efforts to Build Local Capacity .........................................................................................................112

State and District Efforts to Support Teachers of English Learners .....................................................115

Chapter Conclusions .....................................................................................................................................123

VII. Conclusion .................................................................................................................... 125

State and District Compliance With Title III Provisions .........................................................................125

Variation in State and District Capacity......................................................................................................126

Balancing the Tension Between Consistency and Flexibility ..................................................................126

The “Value Added” of Title III...................................................................................................................127

References .............................................................................................................................. 129

Appendix A. Supporting Materials on Methodology ............................................................ 137

Appendix B. Supporting Materials on Identification and Exit of English Learners ............ 157

Appendix C: Supporting Materials on Instructional Programming and Placement ............ 167

Appendix D. Supporting Materials on Standards and Assessments .................................... 177

Appendix E. Supporting Materials on Accountability .......................................................... 195

Appendix F. Supporting Materials on State and District Capacity to Implement 

Title III ............................................................................................................................ 213
Exhibits v 

Exhibits

I. Introduction

Exhibit 1 Number of ELs Enrolled in K–12, 2008–09 School Year............................................... 2

Exhibit 2 ESEA Title I and Title III Provisions................................................................................. 5

Exhibit 3 National Evaluation of Title III Implementation Evaluation Questions and 

Data Sources............................................................................................................................ 8

Exhibit 4 Characteristics of Case Study Districts..............................................................................12

II. Identification and Exit of English Learners

Exhibit 5 ELs’ Native Languages Among Title III Districts...........................................................16

Exhibit 6 Questions on Required, Recommended, or Example Home Language Surveys 

Posted on State Web Sites ...................................................................................................20

Exhibit 7 State Policies Regarding Assessments for EL Identification .........................................22

Exhibit 8 Assessments Required or Approved by States for EL Identification ...........................23

Exhibit 9 Types of Identification Criteria Used by Districts...........................................................25

Exhibit 10 Types of Exit Criteria Required or Recommended by States........................................27

Exhibit 11 Types of Exit Criteria Used by Districts...........................................................................31

III. Instructional Programming and Placement

Exhibit 12 Types of EL Services Among Title III Districts, 2009–10.............................................42

Exhibit 13 Types of Program Models Using Native Language Among Title III Districts...........45

Exhibit 14 Factors Considered in Placing Students in EL Services in Title III Districts, 

2009–10..................................................................................................................................49

IV. Standards and Assessments

Exhibit 15 Multistate Consortia and Their Member States ...............................................................57

Exhibit 16 Reported Linkages Between States’ ELP Standards and Core Content Standards ....59

Exhibit 17 District Activities to Increase the Alignment of English Language 

Development Instruction With State ELP Standards Since September 2008.............64

Exhibit 18 Actions Taken to Increase Alignment of English Language Development 

Instruction With State ELP Standards Since September 2008, by AMAO 

Status and Number of ELs ................................................................................................. 65

Exhibit 19 Districts’ Use of Testing Data ............................................................................................69

Exhibit 20 Type of Testing Accommodations Provided, by Number of ELs ................................73
Exhibits vi

V. Title III Accountability

Exhibit 21 Overview of ESEA Title III and Title I Accountability Requirements .......................77

Exhibit 22 Number of States Reporting the Year in Which They Adopted Their Current 

Set of AMAOs, 2009–10 .....................................................................................................80

Exhibit 23 Percentage of Title III Districts That Reported Meeting AMAOs in the Last 

School Year (2008–09).........................................................................................................85

Exhibit 24 Percentage of Title III Districts Reporting That They Had Missed AMAOs 

for Two or Four Consecutive Years, by Size of District EL Population and 

by District Poverty Level, 2008–09....................................................................................87

Exhibit 25 Percentage of Title III Districts That Reported Being Identified for 

Improvement Under Title I or Designated for Improvement Under Title III 

or Both ...................................................................................................................................89

Exhibit 26 Number of States Reporting the Month in Which They Notified Title III 

Districts About Whether They Had Met AMAOs in 2008–09 .....................................92

Exhibit 27 Percentage of Title III Districts That Reported Notifying Parents of ELs 

About Whether the District Had Met AMAOs in 2008–09, by District 

AMAO Status........................................................................................................................93

Exhibit 28 Percentage of Title III Districts That Reported Developing an Improvement 

Plan and Receiving Technical Assistance on Developing an Improvement Plan, 

by Districts’ Title III Designation Status, 2009–10 .........................................................95

Exhibit 29 Percentage of Title III Districts That Reported Implementing Specific Actions 

to Improve Services to ELs, by 2009–10 Title III Designation Status.........................98

VI. State and District Capacity to Implement Title III

Exhibit 30 Percentage of Title III Districts That Reported Receiving Various Types of 

Technical Assistance Since September 2008, by Districts’ 2008–09 

Title III Designation Status...............................................................................................100

Exhibit 31 Average Number of Full-Time Equivalent Staff Working on Title III in State 

Education Agencies, by Title III Enrollment, 2009–10................................................104

Exhibit 32 Average Number of District-Level Staff With Primary Responsibility for EL 

Issues, by Number of ELs, 2009–10 ...............................................................................107

Exhibit 33 Title III Funding, Enrollment and Per-Pupil Allocations, by State, Fiscal 

Year 2009.............................................................................................................................108

Exhibit 34 Percentage of District Title III Funds Spent on Various Purposes, 2009–10...........110

Exhibit 35 Percentage of Districts Receiving Technical Assistance on EL-Related Issues, 

2009–10................................................................................................................................114

Exhibit 36 Index of Teacher Qualifications to Serve ELs, by Urbanicity, Poverty, and EL 

Concentration, 2009–10 ....................................................................................................117
Exhibits vii 

Exhibit 37 Percentage of Title III Districts Reporting Difficulty Recruiting Different 

Types of Staff Focused on ELs, 2009–10.......................................................................119

Exhibit 38 Percentage of Title III Districts Using Various Incentives to Recruit and 

Retain Teachers Who Are Highly Qualified to Provide Instruction to ELs, 

2009–10................................................................................................................................120

Appendix A. Supporting Materials on Methodology

Exhibit A.1 Sample Data Capture Table for State Interviews...........................................................139

Exhibit A.2 Number of Subgrantees in Sample, by Type ..................................................................141

Exhibit A.3 Characteristics of Subgrantees, by Stratum.....................................................................142

Exhibit A.4 Number and Percentage of Subgrantees in the Sample................................................143

Exhibit A.5 Number of Subgrantees in the Sample, by Type ...........................................................144

Exhibit A.6 Number of Subgrantees That Participated in Initial and Final Samples ....................145

Exhibit A.7 Response Percentage Rate................................................................................................. 146

Exhibit A.8 Daily Number of Completed Surveys .............................................................................146

Exhibit A.9 Categories for Analytic Comparisons ..............................................................................149

Exhibit A.10 Sample Case-Ordered Analytic Table—Use of EL Assessment Data .......................153

Appendix B. Supporting Materials on Identification and Exit of English Learners

Exhibit B.1 Percentage of Students Who Were Classified as ELs and Average Percentage 

of EL Enrollment in Title III Districts...........................................................................157

Exhibit B.2 Percentage of Title III Districts That Reported an Increase in EL Enrollment.......157

Exhibit B.3 Percentage of ELs in Title III Districts, by Location of Birth and Number 

of Years Attending a U.S. School .....................................................................................157

Exhibit B.4 Percentage of ELs in Title III Districts, by Native Language......................................158

Exhibit B.5 Percentage of Title III Districts, by Spanish Concentration in District .....................158

Exhibit B.6 Average Percentage of EL Enrollment and Average Number of ELs in a 

District, by Poverty Level and Urbanicity.......................................................................159

Exhibit B.7 Home Language Survey for Indiana, 2009–10...............................................................160

Exhibit B.8 Home Language Survey for New York, 2009–10..........................................................161

Exhibit B.9 Percentage of Title III Districts, by Types of Identification Criteria Used ...............162

Exhibit B.10 Percentage of Title III Districts, by Frequency of Reviewing Individual 

Student’s Readiness to Exit from EL Status...................................................................162

Exhibit B.11 Percentage of Title III Districts, by Types of Exit Criteria Used................................163

Exhibit B.12 Percentage of Title III Districts in States That Require ELP Test Scores as 

Sole Exit Criterion, by Types of Additional Exit Criteria Used ..................................163
Exhibits viii 

Exhibit B.13 Percentage of Title III Districts That Maintained a Districtwide Database 

That Includes Academic Outcomes of Former ELs.....................................................164

Exhibit B.14 Percentage of Title III Districts, by Services Available to Former ELs and 

by Grade Level....................................................................................................................164

Appendix C: Supporting Materials on Instructional Programming and Placement

Exhibit C.1 Percentage of Title III Districts, by Type of EL Services Provided...........................167

Exhibit C.2 Percentage of ELs at the Elementary Level Participating in EL Services, 

by Number of ELs .............................................................................................................168

Exhibit C.3 Percentage of ELs at the Secondary Level Participating in EL Services, 

by Number of ELs .............................................................................................................169

Exhibit C.4 Percentage of Title III Districts Providing EL Services That Use ESL 

Instruction and Content Instruction, by ELs Served and by Grade Level ................170

Exhibit C.5 Percentage of Title III Districts Providing EL Services That Use Native 

Language, by Grade Level................................................................................................. 170

Exhibit C.6 Percentage of Title III Districts, by Type of Native-Language Instruction 

and by Grade Level ............................................................................................................171

Exhibit C.7 Percentage of Districts Providing EL Services That Use Native Language, 

by Number of ELs, Spanish Language Concentration, and Grade Level ..................171

Exhibit C.8 Percentage of Title III Districts, by Factors Considered in Placing Students 

in EL Services......................................................................................................................172

Exhibit C.9 Percentage of ELs in Title III Districts That Did Not Participate in EL 

Services Because of Parental Choice................................................................................172

Exhibit C.10 Percentage of Title III Districts That Reported Lack of Proven Curricula 

and Programs as a Moderate or Major Challenge..........................................................173

Appendix D. Supporting Materials on Standards and Assessments

Exhibit D.1 Membership of Original Four Multistate Consortia for the Development of 

ELP Standards or Assessments ........................................................................................180

Exhibit D.2 Membership of Three Additional Multistate Consortia With Focus on State 

ELP Standards or Assessments, 2009–10.......................................................................182

Exhibit D.3 Percentage of Title III Districts That Provided Training on and Engaged in 

Activities To Increase Alignment of English Language Development 

Instruction With State ELP Standards ............................................................................182

Exhibit D.4 Percentage of Title III Districts That Provided Activities to Increase 

Alignment of English Language Development Instruction With State ELP 

Standards Since September 2008, by Number of ELs ..................................................183
Exhibits ix 

Exhibit D.5 Average Number of Actions Taken to Increase Alignment of English 

Language Development Instruction With State ELP Standards Since 

September 2008, by AMAO Status and Number of ELs .............................................184

Exhibit D.6 State ELP Assessments in 2009–10 and First Year Current ELP Assessment 

Implemented .......................................................................................................................185

Exhibit D.7 Percentage of 2008–09 ELs Participating in ELP Assessment, by All ELs and 

Title III–Served ELs ..........................................................................................................187

Exhibit D.8 Percentage of Title III Districts and of Title III Districts With More Than 

1,000 ELs, by Districts’ Use of Testing Data ................................................................. 189

Exhibit D.9 District Use of Student Testing Data, by Number of ELs...........................................190

Exhibit D.10 Percentage of Title III Districts, by Type of Testing Accommodations 

Provided and by Number of ELs .....................................................................................191

Appendix E. Supporting Materials on Accountability

Exhibit E.1 NCELA Summary of NOFI.............................................................................................196

Exhibit E.2 States That Reported Meeting All Three of Their AMAOs in 2008–09....................201

Exhibit E.3 Percentage of ELs That Attended Title III Districts That Did Not 

Meet AMAOs......................................................................................................................202

Exhibit E.4 Percentage of Title III Districts, by Ability To Report AMAO Status ......................202

Exhibit E.5 Percentage of Title III Districts That Reported Meeting AMAOs in the 

Last School Year (2008–09)..............................................................................................202

Exhibit E.6 Percentage of Title III Districts That Reported Being Designated as Missing 

AMAOs for Two or Four Consecutive Years in 2008–09...........................................203

Exhibit E.7 Percentage of Title III Districts Reporting That They Were Designated as 

Missing AMAOs for Two or Four Consecutive Years, by District 

Characteristics, 2008–09 ....................................................................................................204

Exhibit E.8 Percentage of Title III Districts That Reported Missing AMAOs for Two 

or Four Consecutive Years, by Title I and Title III Designation Status ....................205

Exhibit E.9 Percentage of Title III Districts That Reported Being Identified for 

Improvement Under Title I or Designated for Improvement Under Title III 

or Both ................................................................................................................................. 205

Exhibit E.10 Percentage of Title III Districts That Reported a Clear Understanding of 

Targets for AMAOs, by AMAOs.....................................................................................205

Exhibit E.11 Percentage of Title III Districts That Reported Notifying Parents of ELs 

About Whether the District Had Met AMAOs in 2008–09, by District 

AMAO Status......................................................................................................................206

Exhibit E.12 Percentage of Title III Districts That Reported Developing an Improvement 

Plan and Receiving Technical Assistance on Developing an Improvement 

Plan, by Districts’ Title III Designation Status, 2009–10 .............................................206
Exhibits x 

Exhibit E.13 Actions Implemented Since September 2008 by Title III Districts Designated 

as Missing AMAOs for Two or Four Consecutive Years in 2008–09........................207

Exhibit E.14 Percentage of Title III Districts That Reported Implementing Specific Actions 

to Improve Services to ELs, by 2009–10 Title III Designation Status.......................208

Exhibit E.15 Types of Technical Assistance Received, by Districts’ Title III Designation 

Status ....................................................................................................................................209

Appendix F. Supporting Materials on State and District Capacity to Implement Title III

Exhibit F.1 Percentage of Title III Districts That Reported Lack of District-Level Staff 

Expertise as Not a Challenge or as a Minor Challenge.................................................213

Exhibit F.2 Average Number of District-Level Staff With Primary Responsibility for EL 

Issues, by Number of ELs, 2009–10 ...............................................................................213

Exhibit F.3 Survey Questions From the American Community Survey About English 

Language Proficiency .........................................................................................................214

Exhibit F.4 Percentage of District Title III Funds Spent on Various Purposes, 2009–10...........214

Exhibit F.5 Percentage of Title III Districts That Reported Various Issues as a Moderate 

or Major Challenge .............................................................................................................215

Exhibit F.6 Percentage of Title III Districts Receiving Technical Assistance on EL-Related 

Issues, 2009–10 ...................................................................................................................215

Exhibit F.7 Percentage of Title III Districts With EL Teachers Fully Certified for 

Their Position ......................................................................................................................216

Exhibit F.8 Index of Teacher Qualifications To Serve ELs, by Urbanicity, Poverty, and 

EL Concentration, 2009–10..............................................................................................216

Exhibit F.9 Percentage of Title III Districts Reporting Difficulty Recruiting Different 

Types of Staff Focused on ELs, 2009–10.......................................................................217

Exhibit F.10 Percentage of Title III Districts Using Various Incentives to Recruit and 

Retain Teachers Who Are Highly Qualified To Provide Instruction to ELs, 

2009–10................................................................................................................................217

Exhibit F.11 Percentage of Title III Districts and Average Number of ELs in Districts, 

by Increase in Professional Development on EL Issues Since September 2008......218
Acknowledgments xi

Acknowledgments

First and foremost, we wish to thank the state, district and school staff from across the country who 

took time out of their busy schedules to respond to the study’s data collections. We are grateful for the 

kind cooperation and assistance of state Title III directors in interviews; district Title III directors in 

surveys; and district staff, principals, and teachers, as well as parents, in case study visits. Without their 

efforts, this report would not have been possible, and we deeply appreciate their assistance. 

We wish to thank several individuals who contributed to the completion of this study. We are grateful 

for the guidance and support of the U.S. Department of Education. In particular, we thank Elizabeth 

Eisner and Andrew Abrams, of the Policy and Program Studies Service. We thank the staff at 

Windwalker Corporation, particularly Paul Hopstock, Howard Fleischman and Marisa Pelczar, as well as 

edCount, LLC, particularly Ellen Forte, who partnered with us on this study. We also recognize the 

assistance of David Francis, of the University of Houston, and Kenji Hakuta, of Stanford University, for 

their advice on the analytic approach and data issues. We thank Bea Birman, of AIR, for her review of 

the report. We also thank Jamal Abedi, of the University of California Davis, and Nonie Lesaux, of 

Harvard University, for their review as part of the study’s technical working group. 

While we appreciate the assistance and support of all the above individuals, any errors in judgment or 

fact are, of course, the responsibility of the authors. 

Executive Summary xiii 

Executive Summary 

The federal government has had a long-standing commitment to ensuring access of English Learner 

(EL) students to a meaningful education. As early as 1968, the Elementary and Secondary Education Act

(ESEA) contained provisions for supporting the education of EL students and in its 1974 landmark 

decision, Lau v. Nichols, the U.S. Supreme Court declared, “There is no equality of treatment merely by 

providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not 

understand English are effectively foreclosed from any meaningful education” (Lau v. Nichols 1974). In 

2001, when ESEA was reauthorized as the No Child Left Behind Act (NCLB), the law substantially 

strengthened the federal focus on the relationship between English language proficiency (ELP) and 

academic success. In particular, Title III added provisions intended to “promot[e] English acquisition 

and help English language learners meet challenging content standards” (National Clearinghouse for 

English Language Acquisition and Language Instruction Educational Programs [NCELA] 2008a). Under 

Title III, for the first time, districts were held accountable for the progress of EL students both in 

acquiring English and in achieving states’ challenging academic standards.1 Federal Title III funding was 

$730 million in fiscal year 2009 and was $750 million in fiscal year 2010 (U.S. Department of Education 

2011). 

Drawing on data collected through interviews with Title III officials from all 50 states and the District of 

Columbia, a nationally representative survey of Title III district administrators, and case studies of 

12 Title III districts, this report provides a picture of how states, districts, and schools were 

implementing the Title III provisions as of the 2009–10 school year. This report also presents findings 

based on the most recent Consolidated State Performance Reports (2008–09) that were available at the 

time of the data collection and provides some data from 2006–07 from an evaluation of NCLB in order 

to provide historical context on some of the issues discussed in the report. This report documents the 

variation across states regarding standards for ELP, assessments to measure ELP, targets for the 

achievement of districts’ EL students, and consequences for districts that do not meet their targets. This 

report also examines how state policies translate into district practices around identifying EL students 

and exiting students from the EL subgroup, the various instructional models and strategies districts are 

implementing to serve ELs, and state and district capacity to implement the law’s provisions and to meet 

the needs of this growing and important student population. 

Focus of This Report

This study aimed to meet three objectives: 

—Objective 1: To describe the progress in implementation of Title III provisions, and variation in 

implementation across states. 

—Objective 2: To examine programs and services that localities have in place to meet the needs of 

EL students and how these relate to state policies and contexts.

—Objective 3: To maintain a focus, in all project data collection and analysis activities, on the 

diversity among EL students—for example, in their concentrations, languages, ages, and length of 

residence in the United States—and the educational implications of this diversity. 

 1. Title III requires specified accountability reporting and actions only for a subset of districts serving ELs—that is, 

for those districts receiving Title III funding. In 2004–05, 33 states, the District of Columbia, and Puerto Rico reported 

Title III accountability results only for districts receiving Title III funding; another three states reported for both Title I 

and Title III districts; and 13 states reported for all districts with ELs (Le Floch et al. 2007).
Executive Summary xiv

With these objectives in mind, this report presents findings that address research questions covering the 

following areas of interest: 

—Identification and exit of students into and out of the EL subgroup 

—Instructional programming and placement of EL students 

—State ELP standards and assessments 

—Development and implementation of Title III accountability 

—State and district capacity to promote EL language acquisition and achievement 

Key Findings

Identification and Exit of EL Students

The criteria and processes used to determine who is—and who is not—a member of the EL subgroup 

have far-reaching consequences for Title III funding levels, accountability, and service delivery. Although 

Title III provides a broad federal definition of an EL, states and districts across the country vary in the 

ways in which they put this definition into practice. As a result, a student classified as an EL in one state 

or district may not be considered an EL in another. 

In 2009–10, English Learners (ELs) represented a large and growing subgroup of 

students in school districts across the country.

Nationally, the number of ELs served by Title III–funded programs in kindergarten through 12th grade 

(K–12) increased by 18 percent between the 2002–03 and 2007–08 school years, growing from 

approximately 3.7 million students to 4.4 million students (Boyle et al. 2010). Indeed, among 

Title III districts, 35 percent of districts reported that their EL enrollment had increased by more than 

25 percent since September 2004, and by the 2009–10 school year, 24 percent of all students enrolled in 

Title III districts2 were ELs. 

2. Title III districts are school districts that receive funding through the federal Title III program, which issues 

formula grants to states that then subgrant these funds to applicant districts on the basis of the size of their EL 

population. In 2008–09, approximately 27 percent of U.S. school districts received funding through Title III 

(Consolidated State Performance Reports 2008–09; Keaton 2010).

In 2009–10, states varied in the degree of discretion that they allowed districts with 

regard to practices for identifying ELs and exiting them from EL status. 

In 2009–10, eight states and the District of Columbia had established consistent statewide criteria for 

identifying ELs, while the remaining 42 states provided districts with discretion in making identification 

decisions. Eighteen states and the District of Columbia had established consistent criteria within their 

states for exiting students from the EL subgroup, while the remaining 32 states allowed for district 

discretion. Thus, a student who is considered an EL based on one district’s criteria may not be eligible 

for services, or may be exited from services in another district, even within the same state. 

 
Executive Summary xv

Officials from 45 states and the District of Columbia reported that the identification 

process for ELs typically began with a home language survey, followed by an 

assessment of English proficiency. 

Although criteria varied across jurisdictions, according to data collected through state-level interviews, 

the identification process most typically began with a home language survey administered to incoming 

students at the time of enrollment (with variation in the level of flexibility afforded districts in selecting 

the questions asked on the survey). The home language survey was used to identify potential EL 

students, who then went through an additional screening process to assess their level of English 

proficiency. While some districts used the results of English proficiency assessments as the sole criterion 

for determining EL status, others used multiple criteria—such as parental input, teacher judgment, 

academic achievement tests, and native language tests—in determining whether or not a student 

qualified for EL services. Once students were identified as ELs according to the state or district’s criteria, 

they were typically placed in services that address their language and academic needs until they meet the 

exit criteria established by the state or district. 

In 2009–10, 94 percent of districts reported using state ELP test scores as a criterion 

for exiting students from EL status, a practice that was required or recommended in 

49 states and the District of Columbia. 

Nationwide, 94 percent of officials from Title III districts indicated that they considered state ELP test 

scores as at least one factor in determining whether students had reached a sufficient level of English 

proficiency to exit the EL subgroup. Almost all states (46 and the District of Columbia) required districts 

to consider these state ELP test scores when making exit decisions. Another three states recommended 

that districts use the state ELP test scores as exit criteria. Only one state allowed, but did not explicitly 

require or recommend that districts use state ELP test scores. Other criteria that districts frequently used 

to make exit decisions included state content-area assessment results, local review committee 

recommendations, teacher recommendations, parental input, and course grades. 

As of the 2009–10 school year, all 50 states and the District of Columbia tracked 

former ELs’ academic outcomes for two consecutive years or more after they exited 

EL status, and 73 percent of Title III districts maintained a districtwide database that 

included former ELs’ academic outcomes. 

ESEA requires districts to track the progress made by children in meeting challenging state academic 

content and student academic achievement standards for the two consecutive years after such children 

are no longer receiving services (Title III, Part A, Subpart 2, Section 3121 (a)(4)). As of 2009–10, state 

Title III officials in all 50 states and the District of Columbia reported that they were complying with this 

provision of the law. Though state databases were not necessarily funded through Title III, officials from 

73 percent of Title III districts indicated that they maintained a districtwide database that included 

academic outcomes of former ELs. At the district level, data on former ELs were also used in some 

cases to ensure these students continued to receive the support they needed. For example, officials from 

78 percent of Title III districts reported that they provided tutoring for former ELs at the elementary 

level during the first year after they exited EL status as a means of extending instructional support even 

after the students exited Title III services, and 80 percent of Title III districts provided this support at 

the secondary level. Officials from 65 percent of Title III districts reported providing an academic 

counselor or a support teacher at the elementary level, and 78 percent provided this assistance at the 
Executive Summary xvi

secondary level. Finally, approximately 30 percent of Title III districts provided a peer counselor or 

English proficient “buddy” for former ELs during the first year after they exited EL status.3 

3. These services for former ELs were not necessarily provided using Title III funds. 

Instructional Programming and Placement

Title III requires districts to provide scientifically research-based programs for ELs designed to support 

their English language development and proficiency, and to help ELs meet challenging state 

academic-content and student academic-achievement standards in the core academic subjects (ESEA, 

Section 3115). Nationwide, districts have implemented a variety of EL programs and services to meet 

these objectives, which can largely be grouped into three broad categories: (1) English as a Second 

Language (ESL) instruction, (2) content instruction designed for ELs, and (3) instruction using students’ 

native language(s) (Center for School and District Improvement 2004; Linquanti 1999; Reed and 

Railsback 2003; Rennie 1993). These approaches are not mutually exclusive, and in many districts and 

schools a combination of these programs and services are used to instruct ELs. 

In 2009–10, ESL instruction was the most common type of EL service among 

Title III districts, with 98 percent providing these services to at least some ELs.

ESL instruction focuses on developing proficiency in the English language, including grammar, 

vocabulary and communication skills (listening, speaking, reading, and writing). ESL instruction is usually 

provided in English only, although some ESL programs may include use of students’ native languages 

(Linquanti 1999; Reed and Railsback 2003). At the elementary level, ESL instruction may be offered by 

the regular classroom teacher with groups that may include ELs and non-ELs, it may be provided by an 

ESL specialist that comes to the classroom (“push-in”), or it may delivered in a “pull-out” model. 

According to the nationally representative survey, ESL instruction was the most commonly implemented 

service for ELs among Title III districts at both the elementary and secondary levels. At the elementary 

level, officials from almost all (97 percent) of surveyed Title III districts reported providing this service 

within or outside the regular classroom. Similarly, at the secondary level, 95 percent of Title III district 

respondents reported that their district provided this service for ELs.4 

4. The percentages, by elementary and secondary levels, were lower than the overall total of 98 percent for all 

Title III districts because some districts offered ESL instruction for either the elementary or secondary level but not for 

both.

Administrators in 87 percent of Title III districts reported that schools in their districts provided content 

instruction in English, with adjustments to make the material more accessible for ELs. 

Instruction in native language were the least frequently reported EL services among 

Title III districts, but were still provided in more than half the Title III districts 

(57 percent) in 2009–10.

In 2009–10, officials in slightly more than half the Title III districts reported that schools in their districts 

provided at least some instruction for ELs using a student’s native language(s). Native language 

instruction could be used to deliver content-area instruction (e.g., instruction in mathematics, science, or 

social studies), to deliver language arts instruction in the native language, or in two-way or dual 

immersion programs involving both ELs and native English speakers. Instruction in the native language 

was more common at the elementary level (51 percent of Title III district officials reported providing 

native language instruction at the elementary level in at least some of their schools) than at the secondary 

 
Executive Summary xvii

level (42 percent).5 Nineteen states and the District of Columbia had established formal policies that 

influenced EL programming and placement decisions at the district level. 

5. Individual percentages at elementary and secondary levels were lower than the overall 57 percent because some 

districts offered instruction in the native language for either the elementary or secondary level but not for both.

States provided guidance to districts regarding the programs and services that must be available for ELs. 

Although most state officials did not report having formal policies mandating that districts use specific 

instructional approaches or models for ELs, officials from 19 states and the District of Columbia did 

report having formal policies in place. These states’ policies focused on the language of instruction that 

could be used to teach ELs or the amount of time students must spend in English language instructional 

programs per day or week. For example, officials from at least 18 of the 19 states and the District of 

Columbia reported having formal policies addressing the language of instruction in classrooms, with 

10 states and the District of Columbia permitting the use of students’ native language and eight states 

limiting or restricting its use. Three states had specific policies mandating the amount of instructional 

time during which EL students should receive services for developing English proficiency. 

As of the 2009–10 school year, nearly half of Title III district officials (46 percent) 

reported that a lack of information on proven curricula and programs for ELs was a 

moderate or major challenge. 

Title III requires districts to provide ELs with language instruction educational programs that have 

demonstrated effectiveness in increasing English proficiency and academic achievement in the core 

subjects (ESEA, Section 3115). However, identifying scientifically research-based programming for ELs 

appears to have been a difficult task for many districts. The research on effective programs for English 

Learners is limited (Gersten et al. 2007; August and Shanahan 2006), and officials in 46 percent of 

Title III districts reported that a lack of proven curricula and programs for ELs was a moderate or major 

challenge. Likewise, interviewees and focus-group participants from the 12 case study districts reported 

that they felt they had limited information about the effectiveness of their programs. Identifying and 

implementing research-based strategies remained a concern for district leaders and school staff. 

State ELP Standards and Assessments

Title III changed the accountability landscape for ELs. For the first time, federal law required states to 

develop English language proficiency (ELP) standards, to adopt valid and reliable assessments aligned to 

ELP assessments, and to measure ELs’ progress toward and attainment of English language proficiency.6 

6. Title I, Section 1111(b)(7), of the ESEA also requires an annual assessment of English language proficiency

(ELP), which can be the same assessment used to satisfy the Title III requirement.

In 2009–10, Title III officials in 45 states and the District of Columbia reported that 

their state’s ELP standards had been linked to or aligned with state content 

standards in at least one or more core subject. 

Based on self-reported data from state Title III officials, 45 states—41 states and the District of 

Columbia—have aligned or linked their states’ ELP standards with their states’ ELA content standards. 

More specifically, Title III officials from 29 states and the District of Columbia reported alignment or 

linkage with mathematics content standards; 24 states and the District of Columbia reported alignment 

or linkages with science standards; 14 states and the District of Columbia reported linkage or alignment 

with social studies standards; and three states reported alignment or linkage with history standards. State 

Title III officials from the majority of these states (33 and the District of Columbia) reported that their 

 
Executive Summary xviii 

ELP standards had been aligned or linked with two or more of these core content area standards. The 

effectiveness of the alignment process and the quality of the ELP standards and assessments being used 

by states were not evaluated by the research team for this report. 

As of 2009–10, 48 states and the District of Columbia reported having completed a 

process to align the state ELP test with the state ELP standards; the remaining 

two states indicated plans to do so. 

Title III of ESEA, as amended by NCLB, requires states to adopt an ELP test that measures the 

four domains of speaking, listening, reading, and writing, and that aligns with the state’s ELP standards. 

As of 2009–10, state Title III officials from a total of 48 states and the District of Columbia reported 

that their state had conducted alignment studies or carried out a process for ensuring the alignment of 

their adopted ELP assessment with their ELP standards. This information is based solely on states’ selfreports and reflects no analysis of the quality of these studies or processes. Officials from the remaining 

two states reported plans to do so. States relied on one, or a combination of two or more, of the 

following parties to carry out the alignment process: multistate consortium staff,7 outside contractor, test 

developer, a committee of state and local practitioners, or expert consultants. 

7. To support the development of state ELP standards or assessments that were consistent with ESEA 

requirements, many states decided to band together to form multistate consortia, an option that allowed them to pool 

resources and share expertise. Many of these consortia received financial support for their endeavors through Enhanced 

Assessment Grants awarded by the U.S. Department of Education under sections 6111 and 6112 of ESEA, which gave 

priority to projects aimed at improving assessments for ELs and students with disabilities.

As of the 2009–10 school year, state officials from about one-third of the states 

(17) anticipated making changes to their ELP standards in the near future. 

Although the majority of state officials (33 and the District of Columbia) did not anticipate changing 

their current (2009–10) ELP standards in the near future, close to one-third (17 states) anticipated 

revisions to their ELP standards. The reasons for the changes varied across states but largely fell into 

three categories: (1) The state planned to revise or adopt entirely new ELP standards to enhance their 

quality; (2) the state anticipated altering its ELP standards as part of a process for creating alignment 

between the ELP standards and the state ELP assessment; (3) the state was planning to adopt or revise 

its content standards and would thus need to revisit its ELP standards to ensure alignment or linkages 

between ELP and content standards. The adoption of the Common Core State Standards (CCSS) was 

one of the primary reasons reported by state officials for anticipating a need to refine or revise their 

state’s ELP standards. 

In 2009–10, Title III officials from all 50 states and the District of Columbia, and from 

the majority of surveyed districts (75 percent), reported providing training or 

guidance on ELP standards to local educators.8 

8. State Title III officials reported providing training and guidance on ELP standards to various types of local 

educators, including district administrators, principals, and teachers of ELs. Surveyed Title III districts reported whether 

they provided training on the ELP standards to teachers. 

State Title III officials from all 50 states and the District of Columbia reported providing guidance to 

districts on the state ELP standards. States typically used one or a combination of the following 

strategies for supporting districts’ implementation of ELP standards: 

—Guidance documents or resources posted on the state website 

 
Executive Summary xix

—Annual, formal training sessions 

—Ongoing training at workshops throughout the year 

—As-needed or by-request technical assistance and training 

In addition to state-level guidance, officials from 75 percent of the Title III districts reported offering 

support on the use of the state ELP standards to teachers, as did Title III officials in all 12 of the case 

study districts. However, the amount and type of opportunities in which teachers in the case study 

districts participated varied substantially, from formal district- or schoolwide trainings to informal, 

as-needed, job-embedded support. By way of historical context, it is interesting to note that data 

collected in 2006–07 and reported in State and Local Implementation of the No Child Left Behind Act, Volume 

IX—Accountability Under NCLB Final Report (Taylor et al. 2010) revealed that principals from one-third of 

schools nationwide9 reported needing technical assistance to meet the needs of EL students. About 

one-quarter of principals from these schools reported that they did not receive such assistance from any 

source, and about one-quarter of the principals that did receive it reported that it was not sufficient to 

meet their needs. Overall, principal respondents from about one-half of the schools that needed 

technical assistance to improve services for EL students reported not having their needs met (Taylor 

et al.). 

9. The 2006–07 data reflect reports from a nationally representative sample of all U.S. districts and schools, and 

were not limited to Title III districts, as in the current study.

In 2009–10, close to half of state Title III officials reported using ELP test data to 

inform policies and practices for ELs and large majorities of district Title III officials 

reported using ELP test data to make instructionally related decisions for EL 

students, their teachers and schools. 

While state Title III officials from all 50 states and the District of Columbia reported using the ELP test 

data for accountability purposes, such as making AMAO calculations and submitting federally required 

reports, state Title III officials from some states also described using these data to inform professional 

development and technical assistance (28 states), to drive school and district improvement (23 states and 

the District of Columbia), and to measure ELs’ progress (23 states). These findings demonstrate that 

close to half of the states have used ELP test data not just to fulfill federal reporting requirements but 

also to inform policies and practices for serving ELs. 

District survey results demonstrate that Title III districts used ELP test data to group EL students for 

instruction within or between classes (85 percent of Title III districts), to detect gaps in the curriculum 

for ELs (68 percent), and to plan professional development for teachers of ELs (73 percent). 

Officials and educators in Title III case study districts raised two major concerns 

associated with testing ELs: (1) too much time allocated to ELP and content-based 

testing, and (2) the lack of validity and the appropriateness of testing ELs in English 

on state content-based exams. 

The time allocated to testing was a common concern raised across respondents from nine of the 12 case 

study districts. Respondents expressed concern about the burden placed on teachers and staff and the 

loss of instructional time due to the number of varied state, district, and school-level testing 

requirements for both ELP and content testing and the lengthy amount of time required to administer 

them. Respondents from seven of the 12 case study districts also raised concerns about the validity of 

administering content-area tests in English to EL students before they were proficient in English. 

 
Executive Summary xx

Development and Implementation of Title III Accountability

Title III, Section 3122(a), requires states to establish accountability systems to monitor state and district 

performance in supporting ELs’ English language proficiency development and mastery of challenging 

academic content. Under these accountability systems, states must set three performance objectives 

known as Annual Measurable Achievement Objectives (AMAOs), and then hold Title III–funded 

districts accountable for meeting those performance objectives every year. Title III districts that do not 

meet their AMAOs for two or four consecutive years are subject to state actions and support. The three 

AMAOs are defined as follows: 

1. Annual increases in the number or percentage of students making progress in learning English 

(AMAO 1) 

2. Annual increases in the number or percentage of students attaining English proficiency 

(AMAO 2) 

3. Making AYP for limited English proficient children as described in Title I, Section 

1111(b)(2)(B), of ESEA (AMAO 3) 

As of 2009–10, nearly all states (48 and the District of Columbia) had revised their 

AMAOs since putting them into place, and most states (26) had instituted new 

AMAOs within the last two years.

In the early years of Title III implementation, states had limited data, guidance, and infrastructure to 

inform the development of their AMAOs. As a result, in the years following states’ initial 

implementation of AMAOs, these Title III objectives were refined and revised as states made 

improvements to their ELP assessment system, acquired additional years of ELP test data, and gained 

access to new guidance and research. As of 2009–10, officials in nearly all states (48 and the District of 

Columbia) reported that they had revised their AMAOs at least once, and officials in 17 of those states 

indicated that they had revised their AMAOs multiple times. The nature of these revisions varied, 

ranging from small adjustments in AMAO targets to a complete overhaul in how the state defined and 

calculated its AMAOs. An important implication of such widespread revisions is that states’ criteria for 

meeting AMAOs may differ from one year to the next; thus, it would be inappropriate to compare those 

AMAO performance results across years. 

Due to variation in how states defined and measured their AMAOs, AMAOs in 

one state were not comparable to AMAOs in another state.

While all states and the District of Columbia base AMAO 1 and 2 determinations on students’ ELP 

assessment results,10 states’ numeric targets and definitions of “progress” and “proficiency” for these 

AMAOs have varied across states since Title III was enacted. One source of this variation stems from 

differences in states’ ELP assessments; yet, even states that shared a common ELP test employed 

different approaches for making AMAO determinations (Boyle et al. 2010). 

10. In one state, New Jersey, criteria other than student ELP assessment results factored into AMAO 2 

determinations because the state defined attaining proficiency under AMAO 2 as exiting EL status (rather than attaining 

ELP), and it required EL exit decisions to be based on multiple factors beyond the student’s ELP assessment 

performance, such as a student’s class work, teacher recommendations, reading level, and performance on standardized 

assessments.

In addition, several studies 

have documented differences in how states determine adequate yearly progress (AYP) under Title I, 

which serves as the basis for AMAO 3 (e.g., Taylor et al. 2010). As a result, differences in how states 

have defined their three AMAOs precludes comparisons of performance from one state to another, and 

 
Executive Summary xxi

different states may designate more or fewer Title III districts for accountability actions and support 

depending on the rigor of their AMAOs. 

Only 10 states met their state-level AMAOs for the 2008–09 school year, but at the 

district-level, 55 percent of Title III districts nationwide reported meeting their 

AMAOs in 2008–09.

According to annual state performance reports, only 10 states met all three of their state-level AMAOs 

for 2008–09.11 These states constitute a diverse set and include states with large numbers of ELs, states 

with small numbers of ELs, states with growing EL populations, and states with a long history of serving 

ELs. Among Title III districts that reported an AMAO status for 2008–09, about half (55 percent) 

indicated that they had met all three AMAOs in the 2008–09 school year. However, altogether, these 

districts served less than half of the nation’s EL population (39 percent); thus, the majority of ELs were 

enrolled in districts that did not meet all three of their AMAOs in 2008–09. Of the three individual 

AMAOs, Title III districts were least likely to report meeting AMAO 3, making AYP for the EL 

subgroup, in 2008–09 (64 percent of Title III districts, compared with 89 percent that reported meeting 

AMAO 1 and 82 percent that reported meeting AMAO 2). 

11. Information on which of the three AMAOs the other 40 states and the District of Columbia missed in 2008–09 

is not available. The 2008–09 CSPR data were used because these were the most recent data available at the time the 

report was drafted.

Based on 2008–09 data, about one-third of Title III districts, which collectively 

served about one-half of the nation’s EL population, reported missing at least one of 

their AMAOs for two (22 percent) or four (11 percent) consecutive years, subjecting 

them to accountability actions under Title III.

Among Title III districts that could report their Title III accountability status for 2008–09 (89 percent of 

Title III districts), 22 percent reported missing AMAOs for two consecutive years, and 11 percent 

reported missing AMAOs for four consecutive years.12 These districts accounted for approximately 

50 percent of the nation’s Title III-served ELs. Indeed, Title III districts with larger numbers of ELs 

were more likely than districts with smaller EL populations to indicate that they were designated for 

improvement actions under Title III after missing AMAOs for two or four consecutive years. About half 

(51 percent) of Title III districts that served more than 1,000 ELs reported missing AMAOs for either 

two (30 percent) or four (21 percent) consecutive years whereas 20 percent of Title III districts that 

served 150 ELs or fewer reported missing AMAOs for two or four consecutive years (16 percent and 

5 percent, respectively).13

12. Title III districts that reported missing AMAOs for four consecutive years are not included in the percentage of 

Title III districts that reported missing AMAOs for two consecutive years.

13. Percentages do not add to total because of rounding.

In 2009–10, all states with Title III districts that had missed AMAOs for two 

consecutive years (46 and the District of Columbia) reported requiring those 

districts to develop an improvement plan, and most states with Title III districts that 

had missed AMAOs for four consecutive years reported requiring such districts to 

make instructional changes (18 of 24 states as well as the District of Columbia).

A chief function of Title III accountability systems involves building capacity and stimulating activities to 

improve EL services among Title III districts that repeatedly miss their annual performance objectives. 

To this end, states must require any Title III district that misses its AMAOs for two consecutive years to 

 
Executive Summary xxii

develop an improvement plan that will enable the district to meet its AMAOs in the future. Title III also 

calls for states to impose additional actions—such as curricular, programmatic, and instructional 

modifications; personnel replacement; or termination of funds—on Title III districts that miss their 

AMAOs for four consecutive years. States are responsible for providing assistance to districts in 

developing these improvement plans and in implementing the necessary changes. 

Officials in every state (46) and the District of Columbia that had designated Title III districts as missing 

AMAOs for two consecutive years required these districts to develop an improvement plan for the 

instruction of ELs. The nature of these improvement plans varied: some simply included a few questions 

as part of the consolidated application or Title I district improvement plan, while other districts had 

developed a comprehensive template for EL improvement activities. Officials from 16 of the 24 states 

with Title III districts that had missed AMAOs for four consecutive years reported requiring such 

districts to write or revise improvement plans to feature significant changes in their approach to serving 

ELs. Officials from 18 states and the District of Columbia indicated that they required—or would 

consider requiring in the future on a case-by-case basis—such districts to modify their curriculum, 

program, or method of instruction. 

State and District Capacity

State education agencies and districts are responsible for carrying out the major provisions of 

Title III, including the identification and placement of ELs, the adoption and use of ELP standards and 

assessments, the development of accountability measures of Title III districts, and the management of 

systems to support data-informed decision-making. The ability of states and districts to fully implement 

these tasks requires internal capacity with regard to staffing, funding, and infrastructure. In particular, the 

implementation of Title III requires substantive expertise in issues related to ELs. Successful 

implementation may also be fostered through collaboration within the state education agency, whether 

between the Title III and Title I staff, or with state officials with expertise in assessment, curriculum, or 

data systems. 

In 2009–10, 30 states had fewer than two full-time staff, or the equivalent, working on

issues related to Title III.

When asked if their state had appropriate resources to implement Title III, officials in 15 states 

specifically mentioned staff limitations as a challenge, with regard to the number of staff devoted to 

Title III issues or the lack of expertise in issues related to ELs. In 2009–10, officials from 30 states 

reported that fewer than two full-time equivalent (FTE) positions were allocated to Title III at the 

state-level.14 In contrast, six states employed five or more FTEs for Title III. On average, states with a 

greater number of Title III–funded students employed a greater number of Title III staff at the state 

level: States with more than 100,000 Title III students retained an average of 8.2 FTEs in 2009–10, 

whereas states with fewer than 20,000 Title III students employed an average of 1.3 FTEs. Officials from 

few states (seven) reported that the Title III director focused exclusively on Title III. Thirty-three state 

Title III directors also worked on other programs related to ELs and 11 worked on Title I. 

 14. Note that “one FTE” means the equivalent of one full-time position, not necessarily one staff person. One FTE 

may be staffed by two people at half-time, for example.
Executive Summary xxiii

Officials from 17 states reported close collaboration between Title I and 

Title III program offices in 2009–10.

One way in which state education agencies leverage internal expertise is to facilitate coordination 

between the Title I and Title III program staff. Both federal programs have similar substantive activities 

(standards, assessments, and support for low-performing schools and districts), and Title I accountability 

includes attention to EL performance. In 2009–10, officials from 17 states reported close collaboration 

between Title I and Title III. In another 28 states and the District of Columbia, officials reported some 

coordination but noted limitations. In five states, however, interviewees reported no coordination among 

federal program offices. 

Although Title III funds are disbursed by formula, the 2009 per-pupil funding levels 

ranged from $457 in Pennsylvania to $86 in Alaska. 

Under Title III, each state education agency with an approved Title III plan is awarded funds by formula, 

in proportion to the number of school-age English Learners and of school-age immigrants in the state—

but not less than $500,000. In the 2009 fiscal year, three states (South Dakota, Vermont, and Wyoming) 

received the minimum state allocation. In contrast, California received over $168 million and Texas more 

than $98 million. Despite the fact that Title III funds are administered on a formula basis, there was wide 

disparity in per-pupil funding levels calculated on the basis of state reports of EL enrollment. For 

example, while the per-pupil funding level was less than $120 in seven states, it exceeded $300 in four 

states; this situation derives in part from the fact that Title III funding to states has been determined 

based on data from the American Community Survey, which provides estimates of the numbers of ELs 

based on a sample, rather than state reports of EL and immigrant student enrollment. See the National 

Research Council (2011) report, Allocating federal funds for state programs for English language learners, for a 

more detailed discussion of how these federal funds are allocated. 

In 2009–10, officials in Title III districts reported spending nearly half of their 

Title III funds on instructional staff, and approximately one-quarter on instructional 

materials, equipment, and technology.

In 2009–10, officials in Title III districts reported spending an average of 45 percent of their 

Title III funds on instructional staff, and an average of 24 percent on instructional materials, equipment, 

and technology. Smaller proportions of Title III funds were spent on professional development 

(18 percent), parent involvement (5 percent), and instructional support staff (5 percent). 

In 2009–10, funding for ELs was a challenge reported by Title III districts, both 

among survey respondents and case study districts.

Although district administrators reported that they appreciated the Title III funds, they acknowledged 

that Title III funds provide a rather small supplement to the state and local monies that serve as the 

primary source of funding for EL services.15 Moreover, one of the most prominent challenges reported 

by administrators surveyed in Title III districts was “insufficient funding for EL services,” reported to be 

a moderate or major challenge by 71 percent of districts. Among the 12 case study districts, six reported 

challenges associated with recent budget cuts in funding for ELs. 

 15. States have primary responsibility to fund services for ELs, and Title III is intended to supplement those funds.
Executive Summary xxiv

In 2009–10, officials in 74 percent of Title III districts reported that all teachers 

serving ELs were fully certified for their positions. However, officials in more than 

half of Title III districts reported difficulty recruiting some categories of EL teachers.

Ensuring that teachers of ELs—including ESL teachers, bilingual teachers, and mainstream classroom 

teachers—have the appropriate qualifications and expertise to teach ELs is a central capacity-building 

role of states and districts. One of the main mechanisms for carrying out this role is through certification 

requirements. Overall, in 2009–10, 49 states and the District of Columbia offered an ESL certification or 

endorsement, and in 41 of these, such certification was required for teachers who specialize in EL 

instruction. In another three states this certification was recommended. In five states, ESL certification 

was not required, although the states did offer such certification or endorsements. 

Among Title III districts, 74 percent reported that all teachers of ELs were fully certified for their 

positions, and in only 7 percent of districts were more than 10 percent of teachers not fully certified for 

their positions. However, it appears that “full certification” is not equivalent to “adequate expertise” 

from the perspective of district EL administrators: among those surveyed, 73 percent reported that “lack 

of expertise among mainstream teachers to address the needs of ELs” was a moderate or major 

challenge. Furthermore, officials in 54 percent of Title III districts reported difficulty hiring secondary 

content area teachers with training to provide instruction for ELs. 

In 2009–10, 87 percent of Title III districts reported implementing at least 

one strategy to recruit and retain highly qualified teachers of ELs.

The most frequently reported strategy to support teachers of ELs was the provision of financial 

incentives to pursue advanced course work, such as stipends for course work or paid release time for 

professional development (43 percent of Title III districts). In addition, about one-third of 

Title III districts established partnerships with universities (35 percent), and another third developed 

teacher induction programs specifically for teachers of ELs (32 percent). Fewer districts (12 percent) 

reported financial incentives to recruit teachers, such as signing bonuses or housing incentives. 

Conclusion

Overall, the findings presented in this report suggest that states and districts are implementing the 

provisions of Title III but challenges remain as states and districts strive to put the law into practice 

across a wide range of educational contexts. 

—Title III districts vary considerably in the criteria they use to determine which students are 

considered ELs, meaning that a student who is identified as an EL according to one district’s 

practices may or may not be identified as such according to another district’s practices (even 

within the same state), raising implications for state and local EL funding levels, accountability, 

and service delivery for this subpopulation. 

—State ELP standards and assessments have provided new tools and data to guide the instruction of 

ELs, but many states are still working to revise and improve these tools. Educators may still need 

additional support in meeting the needs of ELs in the classroom, and educators interviewed in this 

study expressed some concerns about the validity of content assessments for ELs. Some of these 

educators also perceived that the administration of assessments can come at the cost of lost 

instructional time for students and staff. 

—States have established accountability systems that direct consequences and support to districts 

needing to improve EL outcomes; however, the performance objectives that underlie these 
Executive Summary xxv

systems vary considerably across states and have undergone considerable revision, complicating 

comparisons of performance across states and over time. 

—States and districts indicated limitations in their capacities to support EL needs as they confronted 

challenges associated with insufficient funding for EL services, limitations in their data systems, 

shortages of staff with EL expertise, and a lack of information on proven programs for serving 

ELs. 

Despite the challenges expressed here, Title III seems to have raised awareness of the needs of ELs, an 

historically overlooked population, as states, districts, and schools have engaged in increased efforts to 

accurately identify ELs, place them into instructional services that meet their needs, and assess and 

monitor their progress toward attaining proficiency in English and achieving state academic standards. 

Introduction 1 

I. Introduction

Proficiency in English opens doors to opportunities—to learn the academic curriculum, to graduate 

from high school and pursue postsecondary education, and to obtain high-paying and rewarding work. 

However, 4.7 million students in U.S. schools come from a non-English-speaking background and have 

not yet developed the level of English proficiency needed to achieve academically and compete for jobs 

in an increasingly global and knowledge-based economy. With data suggesting that the number of 

English Learners16 (ELs) will continue to grow in coming years, addressing the needs of ELs has become 

an urgent challenge to states and school districts across the nation (Capps et al. 2005). In the 

2008–09 school year, the K–12 EL population in the 50 states and the District of Columbia totaled 

approximately 4.7 million, or close to 10 percent of the kindergarten through 12th grade (K–12) 

enrollment in public schools nationwide,17 with public schools in every state enrolling EL students. 

These data demonstrate an increase of about 150 percent from 1989–90 (National Clearinghouse for 

English Language Acquisition, 2008b). Of these 4.7 million ELs, 4.4 million (95 percent) were enrolled 

in districts receiving Title III funds.18 Title III of the Elementary and Secondary Education Act (ESEA), 

reauthorized by the No Child Left Behind Act of 2001 (NCLB), provides funds ($730 million in fiscal year 

2009) for states, which in turn provide subgrants to districts19 to develop standards-based programs and 

strategies for better meeting ELs’ needs; Title III then requires states to hold recipient districts 

accountable for demonstrating improved outcomes for this traditionally underserved population. 

16. The term “English Learner” refers to a student whose primary language is a language other than English and 

whose level of English proficiency is insufficient to support academic learning in a regular classroom in which English is 

the language of instruction. The Elementary and Secondary Education Act (ESEA) uses the term “limited English proficient”

for such students; however, it has since become more common to use the term “English Learner,” or EL. This report

uses “English Learner” to refer to students who require additional instructional supports to fully participate in 

all-English classrooms until they achieve the requisite level of English proficiency.

17. The data on the K–12 EL population in the 50 states and the District of Columbia are derived from the 

2008–09 Consolidated Performance Reports submitted by states, which have not been validated by the U.S. Department 

of Education, and the 2008–09 Common Core of Data. 

18. The data on the number of EL students enrolled in districts receiving Title III funds and the overall number of 

EL students in California are derived from the 2008–09 Consolidated State Performance Reports. 

19. The term “district” is used throughout this report in reference to any Title III subgrantee, including consortia of 

districts receiving Title III subgrants.

While several states, such as California, Florida, and Texas, have long had large concentrations of EL 

students and have thus gained considerable experience in serving the needs of this student population, 

many states in the Southeast, Midwest, and interior West have seen tremendous growth in their EL 

populations in more recent years. These states have less experience addressing the specific academic 

issues associated with effectively supporting ELs in gaining English proficiency and content area mastery 

(Cosentino de Cohen et al. 2005). In 2008–09, the numbers of ELs enrolled in each state ranged from 

more than 1.5 million students in California (24 percent of the state’s total K–12 enrollment) to fewer 

than 2,000 students in West Virginia and Vermont (where ELs represented approximately 1 and 

2 percent of the total state enrollment, respectively) (see Exhibit 1). 

 
Introduction 2 

Exhibit 1 

Number of ELs Enrolled in K–12, 2008–09 School Year

Exhibit reads: The darkest colored states reported that more than 100,000 students enrolled in K–12 were 

identified as ELs in the 2008–09 school year.

Source: Consolidated State Performance Reports, 2008–09 (n = 50 states and the District of Columbia)

Regardless of a state’s or district’s history with serving ELs, meeting their needs, always a complex task, 

has become even more so in recent years as schools are faced with the increasing linguistic diversity and 

heterogeneity of the population (Capps et al. 2005). More than 400 languages are spoken by ELs across 

the United States. The majority—80 percent—speak Spanish, while 5 percent speak various Asian 

languages, including Vietnamese, Hmong, Chinese, and Korean, as their first language (U.S. Department 

of Education, Office of English Language Acquisition 2008b). Moreover, many EL students face not 

only the challenges of learning a new language but those that derive from poverty. In 2000, 68 percent of 

EL children in prekindergarten (PK) through fifth grade were low-income, as were 60 percent of EL 

children in grades 6 through 12. These rates were nearly twice as high as the rates for English proficient 

children in comparable grades (Cosentino de Cohen et al. 2005). 

Groups of EL students differ from one another in many ways that have important educational 

implications for states, districts, and schools. In addition to speaking diverse languages, as mentioned 

above, EL students include newcomers to the United States and long-term residents, students with a 

stable prior educational background and those with significant disruptions in their schooling, and young 

students just entering school as well as older students, who may confront greater difficulty learning a new 

language. Indeed, many states currently face the challenge of burgeoning numbers of ELs at the 

secondary level (Capps et al. 2005). 

The challenge that educators encounter in addressing the needs of ELs is reflected in their reported need 

for technical assistance (TA). In a national survey of schools conducted as part of the National 

Longitudinal Study of the No Child Left Behind Act of 2001 (NLS-NCLB), AIR researchers found that 

about one of every three schools in the nation reported needing assistance to meet the needs of ELs in 
Introduction 3 

2005–06 or 2006–07. About one-third of these schools did not receive such assistance, and about 

two-fifths of the schools that did receive it were not satisfied that the assistance was sufficient to meet 

their needs. Overall, only about one-quarter of the schools that reported needing TA to improve services 

for ELs also reported that their needs for such assistance had been met (Taylor et al. 2010). One reason 

that schools have difficulty meeting the needs of EL students may be the paucity of evidence about the 

specific instructional practices or programs that produce better academic outcomes for these students 

(Genesee et al. 2006). Although, as of December 2010, the What Works Clearinghouse 

(http://ies.ed.gov/ncee/wwc/) identified 16 studies that reached the level of rigor necessary to 

determine whether these programs could produce significantly improved academic outcomes with EL 

students (14 of these 16 studies provided evidence of positive or potentially positive effects for at least 

one improvement outcome), there continues to be a lack of sufficient research aimed at understanding 

how to improve the quality of instruction for English Learners (Francis et al. 2006; Genesee et al. 2006; 

Gersten et al. 2007; August and Shanahan 2008).20

20. Researchers repeatedly note in their syntheses that research on teaching ELs is limited. For example, Gersten et 

al. (2007, 4) state, “[T]he body of scientific research on effective instructional strategies is limited for teaching English 

Learners.” Francis et al. (2006, 9) also note, “There are many gaps in our knowledge based on the direct evidence 

available from instructional research conducted with ELLs.” 

Purpose of This Study

This National Evaluation of Title III Implementation sought to provide an up-to-date, in-depth picture 

of implementation of the Title III provisions across the nation, as set forth by ESEA, reauthorized by 

NCLB. The evaluation was designed to provide multiple lenses through which to view program 

implementation in this report: interviews with Title III and assessment directors in all states, a nationally 

representative survey of 1,528 districts (in which 81.9 percent of the nation’s EL population was served) 

receiving Title III funds, and case study data collection in 12 districts across five states. The study 

previously produced three evaluation briefs: 

—“Title III Policy: State of the States” (Ramsey and O’Day 2010) focuses on state implementation 

of Title III, describing the title’s main provisions, summarizing state actions to implement those 

provisions, and outlining key benefits and challenges that have emerged. 

—“Title III Accountability: Behind the Numbers” (Boyle, Taylor, Hurlburt, and Soga 2010) presents 

data on the nation’s school-age EL population and on states’ and districts’ Title III accountability 

performance while exploring complexities in the way Title III accountability performance 

information is calculated. 

—“Title III Accountability and District Improvement Efforts: A Closer Look” (Tanenbaum and 

Anderson 2010) uses interviews with Title III officials in a diverse sample of six states and nine 

districts to begin to build a deeper understanding of the supports states provide to districts that 

repeatedly miss their Title III performance objectives and the strategies such districts are 

undertaking to improve educational outcomes for ELs. 

The evaluation is also producing a survey of states’ English language proficiency (ELP) standards (Forte 

et al. forthcoming), and two distinct types of analysis of student-level assessment data (Taylor et al. 

forthcoming): 

One type draws on student-level data from four states and two districts to describe and explore EL 

progress and achievement on state ELP and academic content assessments. This includes analyses of the 

variation in achievement trajectories for ELs with different characteristics, achievement gaps between 

 
Introduction 4 

ELs and non-ELs, the time frame over which ELs become no longer designated as ELs and attain 

proficiency in the English language, and the nature of the relationship between ELP and academiccontent-assessment scores. 

The second type is more exploratory in nature and seeks to inform the development or revision of EL 

accountability models by applying and illustrating several empirical methods and conceptual or 

theoretical rationales for determining (1) a meaningful ELP performance standard and (2) a realistic, 

empirically anchored time frame for attaining a given ELP performance standard. This report on 

program operations concentrates on examining key areas of program implementation, such as the 

criteria, processes, and procedures used to identify ELs, to place ELs into targeted services and 

programs, and to exit ELs from the EL subgroup; the instructional models and programs used in 

districts and schools to support ELs; the development of state ELP standards and the assessments used 

to measure ELs’ proficiency; the development of states’ annual measurable achievement objectives 

(AMAOs); and the states’ and districts’ capacities to promote ELs’ language acquisition and achievement. 

Prior to this evaluation, the existing research on Title III focused almost exclusively on initial state-level 

implementation of the law’s provisions. For this reason, this study aimed to update state-level data about 

Title III implementation, and also to gain a greater understanding of how the law’s provisions around 

standards, assessment, and accountability mechanisms are being translated at the local level into 

instructional decisions and improvement strategies for ELs. 

Title III History and Provisions

The 2001 reauthorization of ESEA (NCLB) was not the first attempt to address the needs of ELs 

through federal law. ESEA was amended to include Title VII, the Bilingual Education Act of 1968, 

three years after its initial passage. Title VII drew national attention to the unique educational challenges 

that non-English-speaking students encountered and recognized bilingual education as a viable 

instructional method. The law was amended several times through the 1970s, 80s and 90s, expanding 

funding within the competitive grant structure by increasing emphasis on professional development for 

teachers and by moving toward a focus on the acquisition of English and away from bilingual education 

(National Clearinghouse for English Language Acquisition 2008a). 

Title VII provisions were replaced with Title III when ESEA was reauthorized as NCLB in 2001, 

changing the funding structure from competitive grants to formula grants21 to states. It also added 

provisions focused on “promoting English acquisition and helping ELs meet challenging content 

standards” (National Clearinghouse for English Language Acquisition 2008a). Under this provision, 

states receive Title III funds and allocate most of the funds to districts through subgrants. States may 

allow two or more districts to band together to form consortia when individual districts do not have 

sufficient EL populations to receive their own subgrants.22 By forming consortia, districts have the 

opportunity to pool their resources with the aim of better meeting the needs of their ELs. 

21. Competitive grants require entities that meet specified criteria to compete for funding. By contrast, formula 

grants award funds to entities that meet the specified criteria according to a funding formula. Increases in program 

funding make it more feasible for formula grant programs to replace competitive grant programs. 

22. Section 3114 of Title III prohibits states from providing to districts subgrants that amount to less than $10,000; 

the use of consortia allows the state to serve identified ELs in these jurisdictions. 

Title III further mandates explicit accountability for outcomes of ELs, a new requirement of ESEA. The 

accountability measures are incorporated into both Titles I and III. Title I requires that states develop 

 
Introduction 5 

and implement academic standards, aligned assessments, and Adequate Yearly Progress (AYP)23 targets 

in reading or English language arts and mathematics.24 ELs are included in these state assessments and in 

the “all students” category for evaluating school and district attainment of AYP targets. Under Title I, 

schools and districts with sufficiently large EL populations25 are held accountable for ensuring that the 

EL subgroup meets AYP targets. 

23. Adequate yearly progress (AYP) is the measure by which schools, districts, and states are held accountable for 

student performance under Title I of the ESEA, reauthorized as NCLB in 2001. All K–12 schools are required to 

demonstrate AYP in the areas of reading or language arts, mathematics, and either graduation rates (for highs schools 

and districts) or attendance rates for elementary and middle or junior high schools. Each district and school must also 

report their AYPs on student bodies as a whole and by four different subgroups: economically disadvantaged, special 

education, EL, and students from major racial and ethnic groups. 

24. States must also establish standards and aligned assessments in science, but these are not included in AYP 

targets.

25. States may establish a minimum number of students required for determining subgroup accountability.

Title III provisions parallel Title I regulations with the goal of ELs attaining both English language 

proficiency and mastery of academic content. Title III also requires states to develop ELP standards and 

aligned assessments (distinct from state academic content standards and assessments in English language 

arts) and to measure progress toward and attainment of those English language proficiency standards for 

their EL populations. District and state progress is evaluated against annual measurable achievement 

objectives (AMAOs), and all districts receiving Title III funds are held accountable for meeting 

state-established AMAO targets each year (see Exhibit 2). 

Exhibit 2 

ESEA Title I and Title III Provisions

Provision Title I Title III

Standards Reading/language arts, mathematics and 

science 

English language proficiency (ELP) for ELs

Assessment

Academic assessments and an ELP 

assessment (which can be the same 

instrument used for Title III, as long as it is 

aligned with the ELP standards)

ELP assessment 

Measuring Progress

Adequate yearly progress (AYP) 

(to measure progress of all students and 

student subgroups toward meeting the 

state’s standards in reading/language arts 

and mathematics)

Annual Measurable Achievement Objectives 

(AMAOs) 

(to measure progress of ELs in 

Title III districts toward meeting ELP and 

subject matter standards)

Note: While the ELP assessment used for Title III may be the same instrument used for Title I purposes, 

Title III requires that the assessment be aligned with the state’s ELP standards. No such explicit requirement 

exists for Title I, because Title I does not require ELP standards. 

Source: State and Local Implementation of the No Child Left Behind Act, Volume IX—Accountability Under NCLB: Final 

Report (U.S. Department of Education 2010).

 
Introduction 6 

The Title III provisions related to identifying ELs, assessing ELs, and determining accountability are 

described in more detail below. 

Identifying ELs 

To adequately target resources and monitor progress for their EL students, states, and districts must first 

define who is an English Learner26 for the purposes of the law. ESEA (Section 9101) defines an English 

Learner as any individual meeting the following criteria: 

26. As noted on page 1 of this report, the term used in the law is “limited English proficient.” However, for reasons 

stated in footnote 1, the term “English Learner,” or “EL,” is used throughout the report.

—who is aged 3 through 21 

—who is enrolled or preparing to enroll in an elementary or secondary school 

—who was not born in the United States or whose native language is a language other than English 

• who is Native American or Alaska Native, or a native resident of the outlying areas27

27. American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.

 

• 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 

• who 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 

—Whose difficulties in speaking, reading, writing or understanding the English language may be 

sufficient to deny the individual 

• the ability to meet the State’s proficient level of achievement on State assessments described 

in section 1111(b)(3) of ESEA

• the ability to successfully achieve in classrooms where the language of instruction is English 

• the opportunity to participate fully in American society 

Although the law provides this definition of who is an EL, states are allowed flexibility in the manner in 

which this definition is put into operation. As will be discussed in greater detail in Chapter II of this 

report, states and districts use multiple tools for identifying ELs, placing them in appropriate language 

instructional programs, and determining when they are English proficient and eligible to exit the EL 

subgroup. 

Assessing ELs 

English Language Proficiency Assessments

Title III requires states to assess ELs in English language proficiency in the four domains of reading, 

listening, speaking, and writing.28

28. Comprehension need not be assessed separately but may be reported as a composite of student scores in 

listening and reading. 

As in the case of ELP standards, Title III initially required states to 

have their ELP assessment(s) in place during the 2002–03 school year. This deadline proved unrealistic, 

however. While many states used some type of English proficiency test prior to Title III, these tests were 

generally designed for placement purposes rather than to measure progress in acquiring language 

proficiency (Taylor et al. 2010). Therefore, nearly all states had to develop and implement new tests to 

 
Introduction 7 

meet Title III requirements. Recognizing that assessment development and validation takes time, the 

U.S. Department of Education extended the deadline for ELP assessments to spring 2006. 

Content Area Assessments

Title I requires states to implement annual assessments in reading and mathematics in grades 3–8 and at 

least once in grades 10–12, and in science at least once in each of three grade spans: 3–5, 6–9, and 

10–12. Title I also requires that 95 percent of students participate in the assessments of reading and 

mathematics. Title I testing requirements apply to all public elementary and secondary schools and 

school districts and to each student racial and ethnic subgroup required by statute within those 

jurisdictions. All ELs must be included in statewide assessments and must be provided with 

accommodations or alternate assessments, as appropriate. 

In September 2006, the U.S. Department of Education amended the regulations governing the 

Title I program to provide more flexibility in EL testing requirements. Initially, all students were required 

to participate in their state’s academic assessment system once they had enrolled in school, but the 

2006 amendment to the Title I regulations stated that a recently arrived EL (i.e., an EL who has attended 

schools in the United States for fewer than 12 months29) may be exempt from one—and only one—

administration of the state’s English reading or language arts assessment (U.S. Department of Education 

2007). A recently arrived student still is required to take the state’s ELP assessment, however, as well as 

the state’s mathematics and science assessments even though the state may exclude the scores of recently 

arrived EL students on the state mathematics assessment for one cycle of AYP determinations (U.S. 

Department of Education 2007). (The required state science assessments are not part of AYP 

determinations and were not included in this amendment.) 

29. The length of time does not have to be 12 consecutive months but can be 12 months total.

Determining Accountability 

Subgroup accountability under ESEA (both Title I and Title III) is based on increasing the percentage 

of students in a given subgroup who are meeting performance targets (proficiency in state content tests, 

proficiency or growth on state ELP tests). Title III requires states to report the progress of their ELs in 

learning English, as defined by the state’s ELP standards and as measured by the state’s ELP assessment. 

Progress must be reported relative to the state’s AMAOs,30 which include three criteria: 

30. The term “Annual Measurable Achievement Objective” refers to performance targets set specifically for ELs 

served through Title III. This should not be confused with annual measurable objectives (AMOs), which are AYP 

targets for all students. 

1. Annual increases in the number or percentage of students making progress in learning 

English (AMAO 1) 

2. Annual increases in the number or percentage of students attaining English proficiency 

(AMAO 2) 

3. Making AYP for limited English proficient children as described in Title I, Section 

1111(b)(2)(B), of ESEA (AMAO 3) 

Through the AMAOs, states hold districts receiving Title III funds accountable for improving the levels 

of English proficiency and academic performance of their EL students. If a state determines that an 

applicable district has not met its AMAOs for two consecutive years, the district must develop an 

improvement plan with support from the state. If the district has not met AMAOs for four consecutive 

years, the state must require it to modify its curriculum, program, and method of instruction; replace 

educational personnel relevant to the district’s AMAO failure; or be terminated for funding. Parents of 

 
Introduction 8 

ELs who are being served by Title III or who are eligible for Title III services must be notified of a 

district’s AMAO status if a district has missed any AMAO for one or more years. 

This approach to measuring progress assumes a stable definition of subgroup membership (the 

denominator in the calculation of percentages). Membership in the EL accountability subgroup, 

however, changes over time. Indeed, the EL subgroup is unique in that higher performing students 

(i.e., those who attain proficiency) systematically move out of the subgroup to be replaced by students 

with lower levels of proficiency (e.g., new immigrants). As will be discussed later in this report, this 

pattern may create complications for subgroup accountability as measured by both Title I and Title III. 

Data and Method

Technical Design and Evaluation Questions 

The technical approach for this study embraced three interrelated objectives and was designed to deepen 

understanding of the extent to which Title III is achieving its underlying goals. These objectives are: 

—Objective 1: To describe the progress in implementation of Title III provisions, and variation in 

implementation across states. 

—Objective 2: To examine programs and services that localities have in place to meet the needs of 

EL students and how these relate to state policies and contexts. 

—Objective 3: To maintain a focus, in all project data collection and analysis activities, on the 

diversity among EL students—for example, in their concentrations, languages, ages, and length of 

residence in the United States—and the educational implications of this diversity. 

These three objectives were used to develop four sets of evaluation questions. Evaluation questions 

1 through 4 focus on Objectives 1 and 2—that is, on state, and local implementation of 

Title III provisions, including variation in implementation across states and localities. The study attended 

to Objective 3, which focuses on the diversity of the EL population and the relationship of this diversity 

to policies, practices, and student performance, as relevant and feasible. Exhibit 3 lists the specific 

evaluation questions addressed in this report and the corresponding data sources (these data sources are 

described in more detail following the exhibit). 

Exhibit 3 

National Evaluation of Title III Implementation Evaluation Questions and Data Sources

Evaluation Question Data Sources

(EQ1) Identification and exit of EL students

1.1 What policies do states have in place to govern the identification of ELs? 

1.2 What sorts of questions are used on states’ home language surveys?

1.3 What specific screening assessments do states use to identify students as ELs? 

1.4 How are students identified for and exited from EL services at the district level?

State Title III official 

interview

District survey 

Case studies

(EQ2) Placement and instruction of EL students

2.1 How are students placed into EL services at the district level? 

2.2 Why do districts place ELs into particular services? 

2.3 To what extent do districts have information about the effectiveness of the programs 

that are in use? 

Case studies

District survey 

State Title III official 

interview

continued next page 
Introduction 9 

Exhibit 3 (continued)

Title III Study Evaluation Questions and Data Sources

Evaluation Question Data Sources

(EQ3) State standards for ELP

3.1 How have states addressed the requirement to establish English language proficiency 

(ELP) standards?

3.2 How do these ELP standards vary across states in terms of breadth, specificity, and 

topics covered?

Standards review 

State Title III official 

interview

District survey 

Case studies

(EQ4) Assessment of EL students

4.1 How do states and districts assess ELs for identification and placement, for Title I 

accountability, for Title III accountability, and for instructional improvement at the local 

level?

4.2 How have states sought to ensure alignment of ELP standards and assessments?

4.3 How do states include the four domains of reading, writing, speaking, and listening in 

their ELP assessments? 

4.4 How do states assess student proficiency in the additional domain of comprehension? 

4.5 Are states including all EL students in state ELP assessments? 

4.6 What testing accommodations are available to EL students on state content 

assessments? To what extent are these accommodations used?

4.7 Do districts use additional tools or tests to monitor EL students’ progress in acquiring 

English proficiency?

State Title III official 

interview

Case studies

District survey

(EQ5) Accountability and AMAOs

5.1 How are states setting their AMAO targets and making AMAO determinations?

5.1.1 What criteria do states use to set their AMAOs? How have these changed over 

time?

5.1.2 How do states implement the requirement to factor into their AMAO targets the 

amount of time students have been enrolled in language instruction programs?

5.1.3 To what extent do states use criteria, other than the state ELP assessment, to 

make AMAO determinations? 

5.1.4 How do state AMAOs relate to state criteria for determining when students exit 

from the EL subgroup?

5.1.5 To what extent do states apply minimum subgroup size policies in making 

AMAO calculations? 

5.1.6. How do states handle accountability for consortia of small school districts that 

have been formed for Title III purposes? 

5.2 How are AMAOs used to foster improvement?

5.2.1 How aware are districts of their AMAO targets and status?

5.2.2 How and when do states inform districts that they have not met their AMAO 

targets? 

5.2.3 What improvement actions are taken in districts that do not meet their AMAO 

targets, do not meet AMAOs for two consecutive years or do not meet AMAOs 

for four consecutive years? 

5.2.4 How are parents of EL students informed about the failure to meet AMAO 

targets? 

5.2.5 Are there any promising state practices or policies related to AMAOs and 

accountability for ensuring that EL students learn English?

State Title III official 

interview

District survey 

Case studies

continued next page 
Introduction 10 

Exhibit 3 (continued)

Title III Study Evaluation Questions and Data Sources

Evaluation Question Data Sources

(EQ6) Capacity to promote EL language acquisition and achievement

Organizational capacity

6.1 What capacity (expertise, staff availability, and organizational supports/infrastructure) 

exists in the state education agencies and school districts to support schools in 

meeting the instructional needs of EL students?

6.2 What is the nature of the state and local data systems with regard to EL students? 

(What data are collected at the state and local levels, how and to whom are they 

reported, and how are these data used for educational decisions?)

6.3 To what extent do states have the ability to disaggregate ELs into subgroups defined 

by their interrupted formal education status, native language proficiency, and years in 

program?

Technical Assistance (TA)

6.3 What TA do states and districts provide to local educators to help them meet the 

instructional needs of EL students?

6.4 What professional development is available to teachers of EL students in 

Title III districts? 

Teacher quality

6.5 What policies have states and districts put in place to ensure that EL students are 

taught by teachers who are highly qualified in their content area and are also 

knowledgeable about instruction of EL students?

6.6 How are states and districts implementing the teacher fluency requirements under 

Title III?

State Title III official 

interview

District survey 

Case studies 

Analytic Approach and Data Sources 

The National Evaluation of Title III implementation used a multifaceted mixed-methods research 

approach that included quantitative components such as a district survey and analyses of student 

outcomes, as well as qualitative components including an ELP standards review, state Title III official 

interviews, and case studies. 

Interviews With State Title III officials

With the reauthorization of ESEA in 2001, state responsibilities increased greatly, specifically with 

regard to standards, assessments, accountability, and teacher quality. While these are topics that are often 

associated with Title I implementation, they also reflect state education agency obligations under 

Title III. To explore the complexities of state actions to implement Title III—including the interaction 

with Title I and state efforts to address the needs of their specific EL populations—this study conducted 

interviews with state officials who had primary responsibility for Title III. The telephone interviews were 

conducted with state officials from all 50 states and the District of Columbia in fall 2009 through winter 

2010 for a response rate of 100 percent. The purpose of these interviews was to generate national data 

on the ways in which states are implementing ELP standards, assessing EL students, setting AMAOs, 

holding districts accountable for AMAOs, monitoring Title III implementation, and providing support 

to Title III districts. On many topics, these interviews provided state-level longitudinal data to build on 

the two waves (2004 and 2006) of Title III data collection conducted for the Study of State 

Implementation of NCLB (SSI-NCLB) (Le Floch et al. 2007). The data collected through these 

interviews are primarily self-reported data and the research team did not conduct any qualitative 

evaluation of the effectiveness or quality of the actions described by interview respondents. The methods 

used to collect and code the interview data are described in Appendix A. 
Introduction 11

District Survey

The primary subgrantees of Title III funds are districts (consortia of districts and consortia of charter 

schools also receive funds). To explore the local implementation of Title III, this study administered a 

Web-based survey to a nationally representative sample of 1,528 subgrantees (districts) that receive 

Title III funds. The purpose of the survey was to examine how local districts use state ELP standards 

(e.g., for curriculum development); assess EL students for identification, placement and academic 

progress; monitor student participation and progress in language instruction programs; respond to 

Title III accountability designations; ensure teacher quality and continued professional learning regarding 

EL student instruction in language development and content areas; and assist schools in differentiating 

instruction for diverse English Learners. The district survey was administered from November 

2009 through March 2010 and attained a response rate that exceeded 90 percent. (See Appendix A for a 

detailed discussion of the district survey methodology.) 

Case Studies

A purposive sample of 12 districts (including one consortium) within five states—California, Minnesota, 

New Mexico, New York, and North Carolina—was selected for case study visits. The sample included 

three districts in the larger population states of California and New York and two districts in each of the 

three smaller states of Minnesota, New Mexico, and North Carolina. This sample was selected on the 

basis of the following criteria: 

—Regional location 

—Urbanicity 

—Types and sizes of EL populations 

—Linguistic diversity 

—AMAO status 

The district case study sample resulted in 12 districts with varying characteristics (see Exhibit 4). 
Introduction 12

Exhibit 4 

Characteristics of Case Study Districts

District

Urbanicity Total K–12 

Enrollment %ELa b % EL Growth 

(2002–03 to 

2008–09)

Linguistic 

Diversity 

c

Number of 

Consecutive Years 

Missing AMAOsd

District A Large city More than 

90,000 14% 41% Linguistically Diverse 4 years

District B Large city 30,000–90,000 8% –1% Linguistically 

Diverse 4 years

District C

Consortium 

of 8 suburban 

districts

7,500–11,000 1% –8% Linguistically 

Diverse 0 years

District D Distant rural 7,500–11,000 18% 78% Predominantly 

Spanish 2 years

District E Large suburb 7,500–11,000 10% 101% Linguistically 

Diverse 2 years

District F Large city 30,000–90,000 40% 4% Linguistically 

Diverse 2 years

District G Large suburb Fewer than 

4,000 27% 96% Predominantly Spanish 6 years

District H Large city More than 

90,000 32% –20% Predominantly Spanish 5 years

District I Fringe town 7,500–11,000 24% 17% Predominantly 

Spanish 0 years

District J Large suburb 30,000–90,000 33% 2% Predominantly 

Spanish 3 years

District K Large city 30,000–90,000 13% 18% Predominantly 

Spanish 2 years

District L Fringe rural Fewer than 

4,000 49% 68% Predominantly Native American 2 years

Exhibit reads: District A, located in a large city, enrolled more than 90,000 students of whom 14 percent 

were classified as ELs. The EL population in District A had grown 41 percent from 2002–03 to 2008–09 and

was linguistically diverse. As of 2007–08, District A had missed at least one AMAO for four consecutive 

years. 

Notes: a 2008–09 data from the National Center for Education Statistics’s (NCES’s) Common Core of Data (CCD) 

b Districts labeled “High EL,” are any where 32 percent or more of their students are ELs.

c Districts labeled “linguistically diverse” are any where 50 percent or more of the EL population speak a home 

language other than Spanish.

d As of 2007–08

Source: National Center for Education Statistics’s (NCES’s) Common Core of Data (CCD) 2008–09 and National 

Evaluation of Title III Implementation review of district extant documentation.

Site visits to case study districts were conducted from December 2009 through April 2010 and entailed 

individual interviews with district officials, including those individuals responsible for curriculum and 

instruction, EL or Title III programs and services, and assessments, as well as focus groups with school 

staff, including elementary and secondary principals, resource staff, teachers, and parent liaisons. Parents 

of ELs also participated in focus groups. 

The purpose of these qualitative data collections was to enrich the quantitative analyses of district survey 

data and to consider the ways in which state policy (from state-level interviews) and district context 
Introduction 13

interact to influence implementation. The case studies provided insight into the ways in which the 

Title III provisions are interpreted and enacted within states, districts, and schools. (See Appendix A for 

a detailed description of how case study data were collected, coded, and analyzed.) 

Extant Data Sources

In addition to collecting new data on state and local implementation of Title III, the study drew on 

several extant data sources, including Consolidated State Performance Reports (CSPRs) for the 

2008–09 school year, Title III Biennial Reports, National Center for Education Statistics’s (NCES’s) 

Common Core of Data (CCD), state standards documents, published data from the two federally funded 

studies of No Child Left Behind (NCLB),Title III and Title I accountability workbooks, approved plans, 

and other publicly available state and district documentation. 

The two federally funded studies on NCLB noted above are the Study of State Implementation of 

Accountability and Teacher Quality Under NCLB (SSI-NCLB) and the National Longitudinal Study of 

NCLB (NLS-NCLB). The SSI-NCLB examined state implementation of NCLB in the areas of 

accountability and teacher quality. This Title III report cites some of the data from phone interviews 

with the all of the state Title III directors that were conducted in 2006–07. The NLS-NCLB assessed the 

implementation of NCLB provisions in districts and schools; data from the 2006–07 national surveys of 

districts and schools are cited in this Title III report. The data from these two NCLB studies that are 

cited in this Title III report were first published in State and Local Implementation of the No Child Left 

Behind Act, Volume IX—Accountability Under NCLB: Final Report.

Considerations

The findings presented in this report should be interpreted with the following considerations in mind: 

—The study is descriptive in nature. Its aim was to describe the manner in which states, districts, and 

schools implement the provisions of Title III and the contextual factors that may be related to 

implementation. The purpose of the study was not to identify best practices or any causal 

relationships between specific policies or practices and student outcomes. 

—The new data specifically collected for this evaluation were collected over a one-year period only. 

Thus, the data represent only a snapshot in time in states’, districts’, and schools’ implementation 

of Title III. As will be discussed throughout this report, Title III implementation has been 

evolving steadily as states continue to modify or adopt entirely new ELP standards, assessments, 

and AMAOs, and as they have received additional guidance from the U.S. Department of 

Education. 

—Although data were collected at the state level from officials in all 50 states and the District of 

Columbia, and from a nationally representative sample of Title III districts, school-level data 

(including data from principals, teachers, resource staff, and parents) are limited to only those 

schools represented in the 12 case study visits. As a result, the data from the case study districts 

cannot be generalized beyond the sample. 

Organization of This Report

The study’s findings are presented in the chapters that follow. Chapter II presents data on the policies 

and procedures states and districts use to identify students as ELs and to exit them from the EL 

subgroup. Chapter III describes instructional models and programs being used in local districts and 

schools to serve ELs and some of the procedures used to place ELs into particular programs and 
Introduction 14

services. Chapter IV examines states’ ELP standards and assessments, including their development, their 

implementation, and their use at the district and school levels to support instruction for English 

Learners. Chapter V describes state accountability systems for ELs, including the development of states’ 

AMAOs and how states support districts that miss AMAOs. Chapter VI presents data on the capacity of 

states and districts to implement the Title III provisions. The final chapter, Chapter VII, offers 

concluding remarks and identifies important policy implications and considerations based on the data 

presented and discussed in the earlier chapters. 
Identification and Exit of English Learners 15

II. Identification and Exit of English Learners 

The criteria and processes used to determine who is—and who is not—a member of the English Learner 

(EL) subgroup have far-reaching consequences for funding levels, accountability, and service delivery. 

Although Title III provides a broad federal definition of an EL, states, and districts across the country 

vary in their methods and measures for enacting this definition. The end result is that a student classified 

as an EL in one state or district may not be considered an EL in another. This chapter describes the 

nature of the EL population in Title III districts and explores the varied policies and practices used to 

identify ELs and to exit them from the subgroup, as well as practices for supporting former ELs and 

challenges in identifying ELs with disabilities. 

Key Findings

—In 2009–10, English Learners (ELs) represented a large and growing subgroup of 

students in school districts across the country. Title III districts had an average of 

14 percent EL enrollment in the 2009–10 school year. Among the Title III districts, 

35 percent reported that their EL enrollment increased by more than 25 percent in the 

five years following September 2004. A majority of EL students (66 percent) in the 

Title III districts were born in the United States, while the remaining 34 percent were 

born overseas. 

—In 2009–10, states varied in the degree of discretion that they allowed districts 

with regard to practices for identifying ELs and exiting them from EL status.

Thus, the same student may be considered an EL according to one district’s criteria and 

not according to another district’s criteria, even within the same state. Eight states and 

the District of Columbia had established consistent statewide criteria for identifying ELs, 

while the remaining 42 states allowed district discretion. Eighteen states and the District 

of Columbia had established consistent criteria for exiting students from the EL 

subgroup, while the remaining 32 states allowed district discretion in making the 

determination. 

—The identification process for ELs typically began with a home language survey, 

followed by an assessment of English language proficiency, according to state 

Title III officials. Twenty-four states allowed or required districts to use criteria in 

addition to an English language proficiency assessment. 

—State ELP test scores were the most frequently reported criterion that districts 

considered in exiting students from EL status. In 2009–10, 94 percent of 

Title III districts reported that they considered scores on the state ELP test in exiting

students from EL status, a practice that was required or recommended in 49 states and 

the District of Columbia. Officials from 14 states and the District of Columbia reported 

having requirements that district’s exit decisions be based solely on students’ 

performance on the state ELP test, whereas the remaining 36 states allowed or required 

districts to use multiple criteria in making those determinations. 

—As of the 2009–10 school year, all 50 states and the District of Columbia tracked 

former ELs’ academic outcomes for two years or more after they exited EL status.

In addition, 73 percent of Title III districts maintained a districtwide database that 

included former ELs’ academic outcomes. 
Identification and Exit of English Learners 16

Overview of English Learners in Title III Districts 

EL students represent a large and growing subgroup of students in school districts across the country, 

including districts that have historically had few ELs. Nationally, the number of ELs served by Title III–

funded programs in kindergarten through 12th grade (K–12) increased by 10 percent in the five-year 

period following the 2003–04 school year, from approximately 4.0 million ELs in 2003–04 to 4.4 million 

in 2008–09 (U.S. Department of Education 2003–04, 2008–09). In 2009–10, 24 percent of students 

enrolled in Title III districts31 were ELs. The average EL enrollment in these districts was 14 percent, 

with a median of 299 ELs enrolled in a district. Among Title III districts, 35 percent of districts reported 

that their EL enrollment had increased by more than 25 percent in the five years following September 

2004. 

31. Title III districts are school districts that receive funding through the federal Title III program, which issues 

formula grants to states that then subgrant these funds to applicant districts on the basis of the size of their EL 

population. In 2008–09, approximately 27 percent of U.S. school districts received funding through Title III 

(Consolidated State Performance Reports 2008–09; Keaton 2010).

ELs represent a diverse group of students. Title III districts reported that a majority of their EL students 

(66 percent) were born in the United States, while the remaining 34 percent were born overseas. 

Although ELs come from diverse language backgrounds, Spanish is by far the most common native 

language among ELs in Title III districts (see Exhibit 5). 

Exhibit 5

ELs’ Native Languages Among Title III Districts

Exhibit reads: Eighty percent of ELs in Title III districts spoke Spanish.

Note: These calculations are based on weighted student data from Title III districts.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

While Title III districts reported considerable diversity in their ELs’ language backgrounds, most also 

reported a predominance of one language group, usually Spanish. Indeed, 75 percent of Title III districts 

 
Identification and Exit of English Learners 17

reported that the majority of their ELs spoke Spanish, and in 43 percent of Title III districts nationwide, 

native Spanish speakers comprised more than 90 percent of the EL enrollment. By contrast, 15 percent 

of Title III districts reported having no language group greater than 50 percent. 

Nationally, Title III–funded urban districts and Title III–funded districts with high poverty rates tended 

to have higher numbers and percentages of EL enrollment. For example, among Title III districts, the 

average number of ELs in high-poverty districts32 was 1,972 in the 2009–10 school year, whereas the 

average number of ELs in low-poverty districts33 was 629. In the high-poverty districts, the average 

percentage of EL enrollment was 38 percent, while the equivalent in low-poverty districts was 7 percent. 

As for differences by urbanicity, the average number of ELs was 3,005 in an urban district, 1,310 in a 

suburban district, and 440 in a district located in a town or a rural area in the 2009–10 school year. The 

average percentage of EL enrollment was 18 percent in an urban district, 11 percent in a suburban 

district, and 15 percent in a district located in a town or a rural area. 

32. Districts with more than 75 percent of students eligible for free or reduced-price lunch.

33. Districts with less than 25 percent of students eligible for free or reduced-price lunch.

While these figures provide a picture of the EL population served by Title III funds, their interpretation 

depends on the methods and criteria used to classify students as ELs, methods that vary considerably 

across the nation, as is discussed in the following section. 

Classifying Students as English Learners

By definition, the EL subgroup is one whose membership is in flux. Students are identified as ELs 

because of their limited English proficiency, and they are expected to reach proficiency and exit EL 

status within a period of time. This means that while new students are constantly entering the subgroup, 

others are moving out. This dynamic subgroup membership has implications for the interpretation of 

subgroup progress and accountability measures, and also underscores the importance of both entry and 

exit criteria. 

Although federal law provides a basic definition of ELs, states and school districts vary in the ways in 

which they put this definition into practice. The Elementary and Secondary Education Act (ESEA), as 

amended by the No Child Left Behind Act of 2001 (NCLB) (Section 9101), defines EL to include any 

individual meeting the following criteria: 

—who is aged 3 through 21 

—who is enrolled or preparing to enroll in an elementary or secondary school 

—who was not born in the United States or whose native language is a language other than English 

• who is Native American or Alaska Native, or a native resident of the outlying areas34

34. American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.

 

• 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 

• who 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 

—Whose difficulties in speaking, reading, writing or understanding the English language may be 

sufficient to deny the individual 

 
Identification and Exit of English Learners 18

• the ability to meet the State’s proficient level of achievement on State assessments described 

in section 1111(b)(3) of ESEA

• the ability to successfully achieve in classrooms where the language of instruction is English 

• the opportunity to participate fully in American society 

Within the parameters set by this federal definition, states establish either general or specific policies for 

classifying language-minority students35 as ELs, and vary in the degree of discretion they grant to 

districts for implementing those policies at the local level. Some states favor the use of a single criterion 

to identify and exit ELs, whereas other states require or permit the use of multiple criteria. Some states 

are focused on ensuring consistency in districts across the states; other states allow districts to classify 

ELs within the local contexts, to increase reliability or to capture a broader range of language skills and 

communicative contexts. One state Title III official noted the reason for allowing local decisions in the 

EL exit criteria: “Districts’ exit criteria has to include the state’s exit criteria, but they can have additional 

criteria on top of that.... it’s just impossible [for the state] to make one [exit criterion] that works at the 

district level because the districts all do things differently. We have criteria that we use at that state level, 

and then we allow them to have additional criteria for their purposes.” 

35. The term “language-minority students” refers to the population of students who do not speak English as a 

native language. ELs are language-minority students who are eligible for language support services (Ragan and Lesaux 

2006).

The differences among states in the criteria and processes used to identify ELs have implications for 

comparisons among states—and even among districts within states where districts have considerable 

discretion. Reported numbers of ELs, performance data, and accountability status are all deeply 

dependent on the classification process, as is service delivery. Indeed, a recent review of selected major 

urban districts across the country found that large numbers of ELs were not getting special help to learn 

English, in many cases because they were not being accurately assessed and identified as ELs (Zehr 

2010). The identification practices and patterns discussed below derive from the interviews with state 

Title III directors, the nationally representative survey of Title III subgrantees, and data from the 12 case 

study districts. 

Practices for Identifying Students as English Learners

Officials from 45 states and the District of Columbia reported that the identification 

process for ELs typically begins with a home language survey followed by an 

assessment of English language proficiency. 

Although practices vary among jurisdictions, according to state Title III officials, the process of 

identifying EL students typically begins with a home language survey administered to incoming students 

at the time of enrollment. The home language survey identifies the pool of language minority students, 

of whom ELs are a subset. 

State officials reported that when parents register their child at a school or district office, they are asked 

to complete a home language survey to provide information about their child’s language background. If 

parents indicate a home language other than English on the survey, their son or daughter will go through 

an additional screening process to assess his or her level of English proficiency. While some districts use 

the results of English proficiency assessments as the sole criterion for determining EL status, others use 

multiple criteria—such as parental input, teacher judgment, academic achievement tests, and native 

language tests—in making that determination. Once students are identified as ELs according to the state 

 
Identification and Exit of English Learners 19

or district’s criteria, they are typically placed in services that address their language and academic needs 

until they meet the exit criteria established by the state or district. 

Home Language Survey 

Ninety-three percent of Title III districts reported that they used a home language 

survey to identify ELs in 2009–10, a practice that was required or recommended in 

all states and the District of Columbia.

In 2009–10, 93 percent of Title III districts reported that they use a home language survey in their 

process for identifying students as ELs. Consistent with another study conducted for the 2008–09 school 

year indicating that home language surveys were widely used across the nation (Zehr 2009), reports by 

Title III officials in 44 states and the District of Columbia indicated that they required districts to 

administer a home language survey as an initial step in identifying ELs. The remaining six states reported 

that they recommended—but did not require—use of a home language survey. 

In 2009–10, 18 states and the District of Columbia mandated a state-established 

home language survey, 12 states allowed districts to add to state-required 

questions, and 20 states allowed districts to develop their own home language 

surveys.

State policies vary in the flexibility they allow districts in choosing questions to be used on the home 

language survey. In 2009–10, Title III officials in 18 states and the District of Columbia reported that 

they required districts to administer a state-established home language survey and that districts were not 

allowed to deviate from the state-established questions. On the other hand, 12 states required a set of 

specific questions but allowed districts to add other questions to their home language surveys. The 

remaining 20 states did not require any specific questions and allowed districts to develop their own 

home language surveys. Within this last category of 20 states (which consists of 14 states that required 

and six states that recommended that districts administer a home language survey), states provided 

varying levels of guidance to districts. For example, eight of these 20 states offered districts examples of 

surveys they could use or refer to when building their own, another six states strongly recommended a 

minimum set of specific questions, another four of these states provided some guidance regarding the 

types of questions to ask, and the remaining two of these 20 states gave districts full discretion in 

developing the questions. 

Forty-one states and the District of Columbia posted sample home language surveys on their websites. 

Some of these states are among the states that required districts to administer a state-established home 

language survey and some of these states are among those that allowed some level of district discretion 

in the questions that are included on the survey. The two most common questions states included in 

home language surveys posted on the Web concerned the language that students speak at home and the 

language the child first learned to speak36 (see Exhibit 6). Based on a review of required recommended, 

or example home language surveys posted on state websites, the number of questions on a required, 

recommended, or example home language survey ranged from one to 10, and most states (33 states and 

the District of Columbia) had surveys that included a range of two to five questions (see Appendix B for 

examples of home language surveys). 

 36. These questions were collected from 41 states and the District of Columbia, which posted required, 

recommended, or example home language surveys on their websites. 
Identification and Exit of English Learners 20

Exhibit 6

Questions on Required, Recommended, or Example Home Language Surveys Posted on 

State Web Sites

Exhibit reads: Thirty-six states and the District of Columbia required or recommended districts to include a 

question about the language spoken in the home on their home language survey.

Note: These questions were collected from 41 states and the District of Columbia that posted required, 

recommended, or example home language surveys on their websites. The nine states for which a home 

language survey was not available for review are states that fell within the 20 states that offered districts full 

discretion in developing their own home language survey questions. 

Source: State websites, 2009–10.

In addition, several states had established extra steps to supplement the home language survey, to ensure 

that students were accurately identified for the formal screening process that followed the survey. 

Three states (Rhode Island, Connecticut, and New York) required or recommended an interview with 

parents or the student if a language other than English was indicated on a home language survey. 

Another three states (Arizona, Arkansas, and New Mexico) provided a procedure for classroom teachers 

to identify a potential EL in cases in which the initial home language survey did not identify the student 

for screening. For example, in Alaska, if teachers noticed that a student was struggling with English, they 

could fill out a state-provided checklist based on their observation. Depending on the score of the 

checklist, the student would have to take the English language proficiency assessment and be screened 

for EL services. 

Similarly, district officials and school staff in three case study districts [A, H, and D] mentioned that they 

supplemented the home language survey with informal interviews or teacher observations to accurately 

identify students who should go through the formal screening process.37

37. This information was not specifically solicited from every case study district. 

For example, a district official 

in a medium-size, rural district [D] with a predominantly Spanish-speaking EL population reported that 

the district interviewed parents because of challenges and concerns regarding appropriate and accurate 

implementation of the home language survey. If parents spoke only Spanish during the interview, the 

district would then test the children. Indeed, this official mentioned that the district had parents who 

failed to report a language other than English on the home language survey because “they are trying to 

avoid services.” School staff in a very large, urban district [H] with a high enrollment of 

 
Identification and Exit of English Learners 21

Spanish-speaking ELs also mentioned that some parents viewed EL services as a “stigma” for their 

children and indicated English on the home language survey even if the children spoke another language. 

English Proficiency Assessments for EL Identification 

In 2009–10, 98 percent of Title III districts reported that they administered an 

assessment of English proficiency in the EL identification process, a practice that 

was required in all states. 

The home language survey is but the first step in the EL identification process, as it provides 

information only on the students’ exposure to and use of a language other than English in the home 

setting. Once use of another home language is indicated, the student’s degree of proficiency with English 

is generally the deciding factor in his or her classification as an English Learner. Those students who are 

determined to already be proficient in English on entry to the school system will not be identified as EL, 

will not be part of the EL subgroup for accountability purposes, and will generally not receive specialized 

language services under Title III. 

All states require districts to administer an assessment of English language proficiency to any potential 

EL student.38 This screening assessment plays an important role in the identification process. Its purpose 

differs from state ELP tests administered annually for accountability. Although both screening 

assessments and state ELP tests measure student’s English proficiency, the results of the screening 

assessment do not need to be reported for accountability purposes. Rather, the results are primarily used 

to ensure that students are appropriately identified as ELs and to guide EL students’ placement into EL 

services offered in a district or school (see Chapter III for a more detailed discussion of the policies and 

practices guiding students’ placement into programs). For example, in the 2009–10 school year, 14 states 

belonging to the World-Class Instructional Design and Assessment (WIDA) consortium required 

districts to use a consortium-developed screening test (WIDA ACCESS Placement Test [W-APT]) for 

EL identification. However, these states used another consortium-developed assessment (ACCESS for 

ELLs) for annual testing to measure ELs’ progress. The content and length of these two types of 

assessments are different even though both tests measure English language proficiency (WIDA 

Consortium n.d.). 

38. Potential ELs are most commonly identified through a home language survey. (Forty-five states and the District 

of Columbia require districts to administer a home language survey.) In addition, some states supplement the home 

language survey with other measures. For example, New York recommended that districts conduct interviews with 

students whose home language was not English. Districts were allowed to consider interview results as a factor in 

determining whether to administer an English language proficiency (ELP) assessment. 

In 2009–10, 26 states and the District of Columbia mandated specific assessments 

for districts to use to identify students as ELs; another six states required districts 

to choose from a set of state-approved assessments. 

Interviews with state Title III directors found that about half the states (26 states and the District of 

Columbia) mandated a specific English proficiency assessment for districts to identify ELs in the 

2009–10 school year. Another six states provided districts with a set of state-approved assessments from 

which they could select. And the remaining 18 states allowed districts to choose their own assessment, 

although six recommended a particular assessment (see Exhibit 7). 

 
Identification and Exit of English Learners 22

Exhibit 7

State Policies Regarding Assessments for EL Identification

Exhibit reads: Twenty-six states and the District of Columbia required districts to administer a specific 

assessment.

Note: n = 50 states and the District of Columbia.

Source: Title III Evaluation Interviews with State Title III Directors, 2009–10.

Among the 32 states that, along with the District of Columbia, mandated specific 

assessments for identifying ELs in 2009–10, seven states implemented their own 

unique English proficiency assessments, and 25 states and the District of Columbia 

adopted existing assessments that were not unique to these states.

Among the 32 states that, along with the District of Columbia, mandated a specific English proficiency 

assessment or required districts to select one of the state-approved assessments, seven states used their 

own unique assessments,39 and 25 states and the District of Columbia adopted existing assessments that 

were not unique to these states. An example of a state-developed assessment is the Language Assessment 

Battery-Revised (LAB-R), used in the state of New York. The New York City Board of Education 

published LAB in 1982 to correspond to the curriculum of the New York City School System (Center 

for Equity and Excellence in Education n.d.). As of the 2009–10 school year, the updated version of this 

assessment was a state-approved assessment that districts used in the EL identification process. Among 

the 26 states that had adopted existing assessments, those states that belonged to a multistate consortium 

tended to adopt existing assessments developed by their consortium. For example, 14 states and the 

District of Columbia, in the WIDA Consortium, use the WIDA Consortium’s family of assessments40

 39. These seven states’ assessments were Arizona’s AZELLA, California’s CELDT, Idaho’s ELL Placement Test, 

Kansas’s KELPA and KELPA-P, Michigan’s ELPA Screener Test, New York’s LAB-R, and Washington’s WLPT 

Placement Test-II.

40. The WIDA Consortium’s family of assessments includes the Assessing Comprehension and Communication in 

English State-to-State for English Language Learners (ACCESS for ELLs), WIDA-ACCESS Placement Test (W-APT), 

Measure of Developing English Language (MODEL) and Selection Taxonomy for English Language Learner 

Accommodations (STELLA) (see http://www.wida.us/assessment/w-apt/index.aspx). 
Identification and Exit of English Learners 23

for EL identification, and 10 states in the LAS Links/English Language Proficiency Collaboration and 

Research (ELPCR) Consortium used the LAS Links family of assessments41 (see Exhibit 8). 

Exhibit 8

Assessments Required or Approved by States for EL Identification

Exhibit reads: Fourteen states and the District of Columbia either required districts to use an assessment

from WIDA Consortium’s family or approved the districts’ use of a WIDA assessment.

Notes: n = 50 states and the District of Columbia. Eighteen states that did not require districts to use a particular 

assessment are not included in the categories above.

Some states are counted more than once when they use multiple assessments.

WIDA Consortium’s family includes the ACCESS for ELLs, W-APT, MODEL, and STELLA. 

http://www.wida.us/assessment/w-apt/index.aspx

LAS Links family includes the LAS Links Benchmark Assessments, LAS Links K–12 Assessments, LAS Links 

Placement Test, LAS Links Español, LAS Links Instructional Guidance,and preLAS 2000. 

http://www.ctb.com/ctb.com/control/productFamilyViewAction?p=products&productFamilyId=454

IPT family includes the IPT Oral Tests (pre-IPT, IPT I, and IPT II) and IPT Reading and Writing Tests (Early 

Literacy, IPT 1, IPT 2, and IPT 3). http://www.ballard-tighe.com/products/la/iptFamilyTests.asp. 

Source: Title III Evaluation Interviews with State Title III Directors, 2009–10.

 41. The LAS Links family of assessments includes the LAS Links Benchmark Assessments, LAS Links K–12 

Assessments, LAS Links Placement Test, LAS Links Español, LAS Links Instructional Guidance, and preLAS 2000 (see

http://www.ballard-tighe.com/products/la/iptFamilyTests.asp). In addition, Colorado uses a modified version of the LAS 

Links assessment, known as the Colorado English Language Assessment (CELA) Placement Test. 
Identification and Exit of English Learners 24

Level of District Discretion Within States in Identifying English Learners 

In 2009–10, eight states and the District of Columbia had established consistent 

statewide criteria for identifying ELs, while the remaining 42 states allowed varying 

degrees of district discretion42 in making those determinations. 

42. Note that the District of Columbia and Hawaii have been included in the analyses. Although not a state, the 

District of Columbia has a state education agency that is responsible for administering federal education programs and 

grants such as Title III to its local education agencies, which include one large public school district and numerous 

public charter school districts. Hawaii consists of a single school district, but the district is divided into complex areas. 

The state’s guidance regarding EL identification and exit decisions allows for discretion among these complex areas.

In addition to the variation across states in how ELs were identified, there was another layer of variation 

among districts within a state related to the level of discretion the state delegated to school districts for 

the identification process. In 2009–10, eight states and the District of Columbia granted districts no 

discretion in determining criteria for identifying ELs but rather required specific criteria to be used 

consistently across all school districts. These states (1) required a specific set of questions on a home 

language survey, (2) required a minimum cut score on a specific English proficiency assessment, and (3) 

did not allow districts to use additional criteria in the identification process. 

The remaining 42 states allowed district discretion in EL identification decisions, although the level of 

flexibility varied among states, ranging from full district discretion to limited district discretion. These 

states presumably did not have consistent criteria for identifying ELs within the state. On one end of the 

continuum, five states (Connecticut, Montana, North Dakota, South Dakota, and Utah) allowed districts 

full discretion in determining the entire identification process, including decisions on whether to use a 

home language survey (although these states usually recommended the survey), on which English 

proficiency assessment to use, and on whether to set additional criteria to an English proficiency 

assessment at the local level. However, the other 37 states allowed limited district discretion in 

determining some aspects of the identification process but also required that certain identification 

procedures and processes be in place. 

In 2009–10, 24 states allowed districts to use criteria in addition to the English 

proficiency assessment for identifying ELs.

Among the 42 states that allowed district discretion, 24 reported that they allowed districts to consider 

additional factors to an English proficiency assessment in the process of identifying ELs to supplement 

the assessment results. For example, one state Title III official indicated being hesitant to screen students 

solely on the basis of English assessment results and explained, “We try to have certain flexibility so that 

districts make decisions based on a number of factors. ... It isn’t you get a test score, you’re 

automatically an ESL [English as a second language] kid. I don’t think that’s fair to the kids.” Similarly, 

the Editorial Projects in Education (EPE) Research Center notes that, for the 2008–09 school year, 

17 state education agencies allowed districts to use at least three different identification criteria, such as 

interviews with parents or students, evaluations by teachers, and grades or other aspects of students’ 

educational background (Zehr 2009). According to the nationally representative Title III district survey, 

the most frequently reported criteria—in addition to the home language survey and English proficiency 

assessment—were “parental input/choice” (52 percent of districts), teacher judgment (35 percent of 

 
Identification and Exit of English Learners 25

districts), and other state academic content tests or other standardized achievement tests in English (31 

percent) (see Exhibit 9).43

43. Note that the weight of these factors might vary when districts considered whether a student should be 

identified as an EL, but the exhibit does not consider this difference.

Exhibit 9

Types of Identification Criteria Used by Districts

Factors Percentage of Districts

English proficiency assessments (including both state-mandated and district-selected) 98

Home language survey 93

Parental input/choice 52

Teacher judgment 35

State academic content assessments or other standardized achievement tests in English 31

Native language proficiency tests or standardized achievement tests in native language 25

Years in the United States 20

Progress tests (also called interim, benchmark or diagnostic tests) 20

Class grades 18

Years in the EL service program 18

Grade level 8

Exhibit reads: Ninety-eight percent of Title III districts reported that they considered English proficiency 

assessments (including both state-mandated and district-selected) for identifying students as an EL.

Notes: n = 1305–1386.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Practices for Exiting Students From English Learner Status

As EL students gain proficiency in English, districts eventually exit them from EL status, at which point 

they are no longer considered part of the EL subgroup for the purposes of accountability and funding, 

and they typically no longer receive EL services. Exiting students from EL status and services is a 

complex matter. It requires balancing educators’ desires to mainstream students and to show progress in 

terms of reclassification rates with the commitment to ensure that EL students in fact have the requisite 

proficiency to be successful in a mainstream academic setting. States and districts also have to balance a 

commitment to equity and consistency across educational units and students with the desire to respond 

to the particular needs of individual children. Another issue is the tension between complexity and 

transparency of the decision process and criteria. A single criterion is much easier to understand and 

communicate—and also more likely to be applied consistently. However, a single criterion may 

oversimplify the notion of proficiency and insufficiently represent a student’s performance across 

domains and contexts. Some states emphasize consistency in their policies while others place greater 

emphasis on reflecting the individual nature of the language acquisition and content-learning process. 

The resulting differences in when and how students are exited from EL status and services have 

implications for both instruction and accountability. 

 
Identification and Exit of English Learners 26

In 2009–10, 14 states and the District of Columbia required that exit decisions be 

based solely on students’ performance on the state ELP test, whereas the remaining 

36 states allowed or required districts to use multiple criteria in making those 

determinations.

Within the basic definition of an English Learner under ESEA, states and districts vary in the ways in 

which they determine when a student is proficient enough to exit from EL status. In 2009–10, 14 states 

and the District of Columbia required that exit decisions be based solely on a student’s performance on 

the state ELP test, whereas the remaining 36 states allowed or required districts to use multiple criteria in 

making those determinations. As shown in Exhibit 10, state ELP test scores were the most frequently 

reported exit criterion, with 49 states and the District of Columbia requiring or recommending them. 

State academic content assessment scores were the second most frequently reported criterion, with 

20 states requiring or recommending them. Other less frequently reported criteria included academic 

grades and class work (seven states), teacher input (eight states), local review committee recommendation 

(three states), and parent consultation (two states). Other factors commonly considered include 

additional English proficiency assessments, parental input, teacher judgment, and class grades. Almost all 

Title III districts (98 percent) indicated that they reviewed these criteria at least once a year to assess 

individual students’ readiness to exit from EL status.44

44. Fifty-five percent of Title III districts reported reviewing these factors once a year, 24 percent reported 

reviewing them twice a year, and 20 percent reported reviewing them more than twice a year.

State English Language Proficiency Test Scores 

In 2009–10, 94 percent of Title III districts reported that they considered scores on 

the state ELP test in exiting students from EL status, a practice that was required or 

recommended in 49 states and the District of Columbia.

Nationwide, 94 percent of Title III districts indicated that they considered state ELP test scores to 

determine whether students were proficient enough to exit EL status. Almost all states required districts 

to use these state ELP test scores when making decisions to exit students from EL status, a finding that 

is consistent with a similar study of states and districts with the largest number of ELs (Regan and 

Lesaux 2006). Forty-six states and the District of Columbia required districts to use state ELP test scores 

for exit criteria, and in another three states (Nebraska, Missouri, and Michigan), this was a 

recommendation (see Exhibit 10). However, the remaining state (Minnesota) allowed, but did not 

explicitly require or recommend, that districts use state ELP test scores for EL exit decisions. Minnesota 

encouraged districts to use multiple measures but allowed districts to decide which measures to use and 

how to use them. 

 
Identification and Exit of English Learners 27

Exhibit 10

Types of Exit Criteria Required or Recommended by States

Exhibit reads: Forty-six states and the District of Columbia required districts to consider state ELP test 

scores for exiting students from EL status. Three states recommended state ELP test scores as a criterion for 

exiting students from EL status. 

Notes: n = 50 states and the District of Columbia.

Source: Title III Evaluation Interviews with State Title III Directors, 2009–10.

In 2009–10, 15 states required districts to use the state ELP test as the sole criterion in making exit 

decisions, and each of these states had established minimum passing scores.45 Because state ELP tests 

included the four domains of reading, writing, speaking, and listening, some states had set both an 

overall cut score and a set of minimum scores for each domain. However, other states simply used an 

overall score. In addition, these minimum passing scores varied across states, resulting in different 

criteria for EL exit. For example, in 2009–10, 21 states and the District of Columbia in one multistate 

consortium (WIDA) used the same assessment (ACCESS for ELLs), developed by the consortium, 

although they set cut scores differently, ranging from a score of 4.5 to 6.0. Eight of the WIDA states 

established additional cut scores for the separate components of the assessment (either for every domain 

or for the reading and writing domains combined). 

45. The state ELP tests were also used for annual EL testing for Title III accountability reporting. However, passing 

scores were not necessarily the same for exit criteria and accountability reporting.

State Academic Content Assessment Scores 

In 2009–10, 15 states required districts to use state academic content assessment 

scores, in addition to state ELP test scores for making decisions about exiting 

students from the EL subgroup.

After state ELP test scores, state academic content assessment scores were the most common criteria for 

determining if students were ready to exit EL status, with 15 states requiring this criterion in addition to

state ELP test scores (see Exhibit 10). One state required districts to use either the student’s score on the 

state ELP test or the student’s score on the state reading assessment as a criterion for exit. That is, if an 

EL was proficient on the state ELP test, he or she would exit EL status even if he or she did not score at 

 
Identification and Exit of English Learners 28

the proficient level on the reading assessment, and vice versa. The Title III official explained, “We don’t 

make them do both ... because ultimately, you know proficiency, if they can score proficient on the state 

reading test, we feel that holding them to both would be holding them to a higher level than non-ELL 

kids.” Sixty-nine percent of Title III districts reported using state academic content assessment scores for 

EL exit decisions; 64 percent reported using state academic content assessment scores in addition to 

state ELP test scores. 

Minimum Grade-Level Requirements for English Learner Exit 

In 2009–10, five states did not permit students to exit EL status until they were old 

enough to be tested for reading and writing, typically in first to third grade. 

Because language acquisition is a developmental process and language demands increase as students 

move up through the grades, English language proficiency may be defined and assessed differently at 

different grade levels. One obvious example of this is that state English language proficiency standards 

and state ELP tests for very young children generally focus on listening and speaking skills, as the 

children have not yet learned to read fluently in any language. As reading and writing become more 

central to academic success, they take on more prominence in state ELP tests and expectations for 

English proficiency (Forte et al. forthcoming). The changing nature of language requirements and 

assessments in the early grades is reflected in some states’ policies for exiting students from EL status. 

State officials from five states (Kentucky, Ohio, South Carolina Texas, and West Virginia) reported that 

students were not able to exit EL status until they reach a certain grade level. Because younger children 

were only tested in listening and speaking, they were required to remain classified as ELs until they were 

old enough to be tested for reading and writing. Kentucky and Texas did not allow prekindergarteners 

and kindergarteners to exit EL status. For example, in Kentucky, students had to remain in EL status at 

least long enough to take the first-grade state ELP test. The first-grade state ELP test assessed all 

four language domains for the first time. Ohio, South Carolina, and West Virginia did not allow children 

in Pre-K through second grade to exit. For example, South Carolina did not allow districts to exit ELs 

until they reached third grade, when they first took the state ELP test (ELDA) which fully measured all 

four language domains (listening, speaking, reading, and writing). According to one state Title III 

director, “The kindergarten, first, and second grade tests are actually inventories. My ESOL [English for 

Speakers of Other Languages] advisory board and I decided it was inappropriate to exit young children 

based on a teacher opinion, and also ... we’re not measuring enough academic English.” In West 

Virginia, the state’s exit criteria indicated that students would not be able to exit the EL subgroup until 

third grade at the earliest. West Virginia’s exit criteria were to score Proficient on the state ELP test 

(West Virginia Test of English Language Learning [WESTELL] or ELDA) for two years and score at the 

“mastery” level on the state reading or language arts assessment (West Virginia Educational Standards 

Test [WESTEST] 2) for one year. Because the reading or language arts assessment is first administered in 

third grade, students in earlier grades would not have an opportunity to satisfy these exit criteria. 
Identification and Exit of English Learners 29

Level of District Discretion Within States in Making Exit Decisions 

As of the 2009–10 school year, 18 states and the District of Columbia had 

established consistent statewide criteria for exiting students from the EL subgroup, 

while the remaining 32 states allowed district discretion in making that 

determination. 

Just as states varied in the level of discretion allowed to districts in identifying students as ELs, states 

varied in the level of discretion allowed to districts in exiting students from EL status. As a result, in 

some states, criteria for exiting students from EL status varied from district to district within the state, 

depending on the level of local discretion allowed by the state. Thus, an EL in one district might be 

exited on the basis of a set of criteria, but in another district, this same student might continue to be an 

EL and receive services. 

In 2009–10, 18 states and the District of Columbia had consistent criteria across all districts for exiting 

students from EL status. These states (1) required a minimum score on the state ELP test as the sole 

criterion for exit, or (2) required a minimum state ELP test score and state content-assessment score(s) 

as the sole criteria for exit. In these 18 states and the District of Columbia, cut scores were determined 

by the state, and in theory, there was no variation in the way in which EL exit decisions were made 

across districts within the state.46 As one Title III official explained, “We wanted to make sure that 

there’s a uniform process of [exiting] LEP student in [our state], and those guidelines have to be 

followed by the district, even though a team can review [individual cases] under special conditions of the 

student, but students must meet the exit criteria to exit from the program.” Among the 15 states and the 

District of Columbia that required state ELP test scores as the sole criterion for exiting student from EL 

status, 96 percent of Title III districts reported that they used state ELP test scores for exiting students 

from EL status or services. These districts also reported that they considered additional factors, such as 

“parental input/choice” (36 percent), state academic-content-area tests (28 percent), and progress tests 

(27 percent). Because the survey did not ask districts to distinguish between criteria used for exit from 

EL status and criteria used for exit from EL services, it is difficult to determine whether these districts 

actually considered additional factors for exiting students from EL status in spite of the single exit 

criteria required by the states.47

46. In a few instances, states might allow for an alternative path for exit under rare, special circumstances (e.g., ELs 

with disabilities). 

47. The survey question did not make a distinction between exit from EL status and exit from EL services, although 

districts might have different criteria for each. The districts in states that required the sole use of ELP test scores as exit 

criteria could have used additional criteria to determine continuation in or exit from EL services while students were still 

in EL status or after students exited EL status. 

The remaining 32 states allowed district discretion in setting criteria for EL exit, although the level of 

flexibility at the local level varied across states, from full discretion to limited discretion. These states 

presumably did not have consistent criteria for exiting ELs within the state. On one end of the 

continuum, three states (Michigan, Minnesota, and Missouri) allowed a high degree of district flexibility 

in determining when and how a student could exit. In Michigan, districts were not required to use state 

ELP test scores as a criterion for exit, although the state encouraged districts to do so. Thus, in a given 

Michigan district, officials could exit an EL regardless of whether he or she had scored at the proficient 

level if the combined evidence suggested that the student no longer needed services. Similarly, Minnesota 

and Missouri encouraged districts to use multiple measures, but decisions about which measures to use, 

and how to use them, were local. These states did not require students to score Proficient on the state 

ELP test to exit EL status. 

 
Identification and Exit of English Learners 30

The other 29 states allowed districts some flexibility in the exit process and procedures but also required 

that certain components and criteria be in place. For example, some states required districts to meet a 

minimum threshold of state-established criteria but allowed the districts the flexibility to augment these 

criteria. For example, a state Title III official from one state that had established a statewide cut score on 

the state ELP test but also allowed districts to set additional criteria explained, “It’s just impossible to 

make one [criterion] that works at the district level because the districts all do things differently. We have 

criteria that we use at the state level, and then we allow them to have additional criteria for their 

purposes.” Similarly, in another state, it was the scores of the state ELP test and state academic content 

assessment that drove the decision to consider an EL for exit, and once this threshold was reached, 

districts considered other factors, including teacher evaluation of academic mastery and parent opinion. 

In addition, districts were allowed to augment the minimum threshold from the state to make their 

criteria more stringent. As the state Title III director noted, “It’s essentially a two-part decision matrix. 

The first part is just a simple test that the state administers....The other three criteria ... are all 

established and determined at the local level, and ... I’m pretty sure there’s variability in districts in terms 

of those other three criteria.” Additionally, 10 states48 allowed or required districts to consider criteria 

that were subjective in nature, such as teacher input, local review committee recommendations, and 

parent consultations.A majority of Title III districts reported considering one or more of the following 

factors in decisions about exiting students from EL status: the state ELP test, state academic content, 

test, additional English proficiency assessments, parental input or choice, teacher judgment, class grades 

and progress tests. According to the nationally representative Title III district survey, the most frequently 

reported criteria—aside from the state ELP test scores and state academic content assessment scores—

were additional English proficiency assessments (60 percent of districts), parental input or choice 

(60 percent of districts), teacher judgment (59 percent of districts), course grades (57 percent of districts), 

and progress tests (51 percent of districts) (see Exhibit 11).49

 48. These states are Arkansas, Colorado, California, Hawaii, Texas, Delaware, Iowa, Massachusetts, Montana, and 

New Jersey.

49. Note that the weight of these factors might vary when districts considered whether a student should exit EL 

status, but the exhibit does not consider this difference.
Identification and Exit of English Learners 31

Exhibit 11

Types of Exit Criteria Used by Districts

Factors Percentage of Districts

State ELP test 94

State academic content area tests 69

Other English proficiency assessments (not state ELP test), including writing samples 60

Parental input/choice 60

Teacher judgment 59

Class grades 57

Progress tests (also called interim, benchmark, or diagnostic tests) 51

Other standardized achievement tests in English (not state academic content test) 43

Years in the EL service program 21

Grade level 16

Years in the United States 14

Home language survey 14

Native language proficiency tests or standardized achievement tests in native language 9

Exhibit reads: Ninety-four percent of districts reported that they considered state ELP test scores for 

exiting students from EL status.

Note: n = 1293–1387.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Monitoring of and Support for Former English Learners 

When students exit EL status, they are reclassified as former ELs for accountability purposes, and 

generally speaking, they no longer receive EL services.50 However, research shows that an EL’s 

designation as proficient in an earlier grade does not guarantee that he or she will meet the increasing 

academic demands in later grades (Ragan and Lesaux 2006; Linquanti 2001; Kieffer, Lesaux, and Snow 

2008).51 As such, states and districts have developed policies and practices to support former ELs in 

keeping up with increasing curriculum and language demands as they progress through the grade levels. 

50. Exit from EL status does not always correspond with exit from an EL program. Interviewees in case study 

districts reported that former ELs may remain in EL programs and keep receiving language support after they exit EL 

status.

51. Researchers attribute former ELs’ academic challenges in later grades to their limited opportunities to develop 

academic language, which is critical for academic success in upper grade levels. Former ELs are likely to be fully 

dependent on classroom experiences to develop academic language, whereas their English-only classmates have 

resources outside school to help them develop academic language (Kieffer, Lesaux, and Snow 2008).

Monitoring of Former English Learners

As of the 2009–10 school year, all 50 states and the District of Columbia reported 

that they track former ELs’ academic outcomes for two years or more after they exit 

EL status, and 73 percent of Title III districts maintained a districtwide database that 

includes former ELs’ academic outcomes.

ESEA requires Title III subgrantees to track former ELs’ academic outcomes for two years after the 

students no longer receive Title III services and to report former ELs’ progress to the states during this 

 
Identification and Exit of English Learners 32

time period (Title III Subpart 2, Section 3121 (a)(4)). State Title III officials in all 50 states and the 

District of Columbia reported that they tracked former ELs’ data for two years. As one state 

Title III official explained, “We are required to monitor them for two years and additionally give them 

the language assessment during that two-year period as well to make sure they haven’t slipped back.” 

Furthermore, 18 states and the District of Columbia reported that they tracked the data for more than 

two years. Another 16 states reported that their data systems had the capacity to track the data for more 

than two years but they did not do so as of the 2009–10 school year, and another three states were 

developing the capacity to track data for more than two years. 

At the district level, 97 percent of Title III districts reported that they monitored former ELs regularly 

for their academic performance during the first year after they exited EL status at the elementary level. 

At the secondary level, 95 percent of Title III districts monitored former ELs. In addition, 73 percent of 

Title III districts indicated that they maintained a districtwide database that includes academic outcomes 

of former ELs. 

Ongoing Support for Former English Learners

Former ELs who were struggling could receive services or be reidentified as ELs in 

some states.

Monitoring of Former ELs

A medium-size, rural district with a 

predominantly Spanish-speaking EL 

population [D] had established a system of 

monitoring former ELs for two years. 

Three teachers (one ESL teacher and 

two ”mainstream” teachers) regularly signed 

off on a district-developed check-in form to 

indicate whether, in their judgment, a former 

EL was successful in the classroom. The 

teachers completed these check-in forms 

once a week during the first semester of a 

student’s monitoring phase and somewhat 

less frequently (e.g., once every other week) 

during subsequent semesters. If these 

three teachers determined that a monitored 

student was struggling, they would place that 

student back into EL services. In some 

cases, the struggling student may have been 

reclassified as an EL, but in other cases 

(particularly with older students), the student 

may have received extra support in the 

classroom without being formally 

reclassified. 

In response to our open-ended questions, 

Title III directors in at least two states raised issues 

related to the redesignation of former ELs to EL 

status.

52 These states allowed districts to place former 

ELs back into EL status if needed. For example, 

Delaware allowed districts to reidentify former ELs 

but only with state approval. According to the state 

Title III director, districts had to make a request to 

the state to reidentify a student as an EL. Similarly, 

another state based exit decisions solely on the 

student’s performance on the state ELP test, but 

former ELs could be reclassified as an EL if they 

were not making a successful transition. This would 

be a joint decision of teachers at the district level. 

According to the state Title III official, “If the team 

of teachers note that this may have been a 

misidentification in terms of exiting, we will come 

back together ... and then they would be able to 

redesignate that child and see if that child should be 

reclassified as LEP.” 

52. This information was not specifically solicited from all states, and it is difficult to count states that redesignate 

former ELs to EL status.

As did the state interview and district survey 

respondents, respondents in case study districts 

mentioned that they identified former ELs who were 

not making progress during the transitional period 

and provided additional support. As a district official 

in a large, urban district with a predominantly 

 
Identification and Exit of English Learners 33

Spanish-speaking EL population [K] explained, “They are monitored after they exit, and if at any point 

in time it looks like they need support again, they can be reidentified. Teachers can also make these 

recommendations. It is not a closed door, they can reenter the system.” Furthermore, four case study 

districts [J, C, K, and D] indicated that, in some instances, students who exited EL status might remain in 

EL services. For example, a small, suburban district in a consortium of eight small districts [C] reported 

that it often provided service for former ELs even though they scored Proficient on state ELP test and 

exited EL status. As one middle school teacher explained, “Even if they pass the [state ELP test], they 

still struggle in their classes because the bar is not too high in the [state ELP test]. So, we are allowed to 

provide service one or two years after [they pass] the [state ELP test], and we still do this in many cases.” 

District officials in a medium-size, rural district with a predominantly Spanish-speaking EL population 

[D] also reported that schools continued to provide services to former ELs through content-based 

support, tutoring, and other assistance: 

We thought that it’s better to have kids in ESL a little longer than they actually needed it 

because we felt that they were doing a bit of backsliding, and leaving them in there 

would allow us to be sure that they are ready to move on. That was an example of seeing 

that we had students that fit the state’s exit identification but still needed that extra 

support (see text box, Monitoring of Former ELs). 

Nationwide, officials in Title III districts reported that they provided tutoring, academic counseling, and 

other support to at least some former ELs. However, the data do not indicate how many former ELs 

received these services. Therefore, these percentages do not show the prevalence of services. 

Seventy-eight percent of Title III districts reported that they provided tutoring for at least some former 

ELs at the elementary level during the first year after they exited EL status, and 80 percent of 

Title III districts provided this support at the secondary level. Sixty-five percent of Title III districts 

provided an academic counselor or a support teacher at the elementary level, and 78 percent provided 

this assistance at the secondary level. In addition, approximately 30 percent of Title III districts provided 

a peer counselor or English proficient “buddy” for at least some former ELs during the first year after 

they exited EL status at both the elementary and secondary levels. 

English Learners With Disabilities 

Five states and all 12 case study districts raised challenges associated with 

accurate identification of ELs with disabilities.

As discussed at the beginning of this chapter, ELs represent a diverse group of students. 

Title III officials in four states specifically mentioned challenges associated with accurately identifying 

EL students who also had disabilities,53 and interviewees in all 12 case study districts mentioned the same 

challenges. Their common theme was the difficulty of “disentangling” learning difficulties from language 

barriers when determining whether ELs should receive special education services. As a result, ELs may 

be placed in special education programs even when they would not need these services, or conversely, 

ELs may not be placed in special education programs even when they could benefit from these services. 

Across the case study districts, students who had disabilities and were not proficient in English were 

typically identified as ELs first and subsequently received further consideration for special education. 

However, the actual identification process for special education varied. Four districts [C, B, L, and J] 

screened ELs for special education by following the same general procedures designed for non-ELs. 

 53. Information on whether this was a challenge was not specifically solicited from all states. This issue was raised 

by these state officials in response to an open-ended question.
Identification and Exit of English Learners 34

Another seven districts [H, A, K, F, G, D, and E] included additional steps in the special education 

screening process to address the language issue when they screened ELs with disabilities. For example, 

six of the seven districts [H, A, K, F, G, and E] included teachers who specialize in EL instruction or a 

team of EL specialists in the special education team who screened ELs. The team considered students’ 

native language assessment results, nonverbal assessment results, and records of language support 

services received. 

The case study data indicate that districts were cautious about referring ELs to special education because 

of the difficulty in distinguishing learning difficulties from language barriers. Interviewees in at least 

three case study districts [B, A, and J] expressed concern over the delays this could cause in getting 

students the services they needed. For example, at least four case study districts [H, K, G, and A] 

discouraged immediate placement of ELs into special education in order to prevent overrepresentation 

of ELs in special education. Three of these districts required additional language interventions or 

strategies to be tried out before ELs were screened for special education. 

Furthermore, the challenge in accurately identifying ELs with disabilities potentially affected the 

accountability system around Title III. District officials in a very large, urban district with a linguistically 

diverse EL population [A] raised concerns for those ELs who remained in EL status because they could 

never pass the state ELP test due to their disabilities. One district official stated, “Thirty thousand 

students are labeled ELLs and SWD [students with disabilities]. ... Once we determine that the child is 

not really an ELL, there is no way to exit that child. Every year, it’s a bigger number because it doesn’t 

drop off.” The district missed annual measurable achievement objectives (AMAOs) for four consecutive 

years at the time of the interview in the 2009–10 school year. The state in which this district was located 

required districts to make exit decisions based solely on students’ performance on the state ELP test. 

The state Title III official reported that the state was in the process of updating the home language 

survey to add questions regarding disabilities so students with disabilities would not be identified solely 

as ELs. State Title III officials in two states raised similar concerns about students who remained in EL 

status due to their disabilities. They also reported that state leaders were considering the modification of 

exit criteria so that ELs with disabilities could exit EL status if they were initially misidentified. 

Chapter Conclusions

State policies vary in the types of criteria used to define ELs, the number of criteria, and the thresholds 

that must be met. Furthermore, states vary in the level of discretion that they give to districts in making 

these determinations, and this creates variation from district to district in some states. This variation 

results in inconsistent definitions of ELs nationwide, meaning that some states identify much larger 

percentages of their language minority students as ELs than do others (Kieffer, Lesaux, and Snow 2008). 

A given student may be defined as an EL according to one district’s criteria and not be defined as such 

according to another district’s criteria, even within the same state. 
Identification and Exit of English Learners 35

ESEA requires districts to provide programs for ELs that are aimed at ensuring ELs attain English 

proficiency and meet challenging state academic-content and student academic achievement standards in 

the core academic subjects (ESEA, Section 3115). Thus, the uneven definition of ELs across the country 

presumes the uneven distribution of services (Regan and Lesaux 2006), potentially undermining equal 

access to meaningful academic content as protected by law (Lau v. Nichols 1974; Equal Educational 

Opportunities Act 1974). The inconsistency creates difficulties in making meaningful comparisons in 

districts’ abilities to meet accountability requirements of the EL population under Title III and Title I. 

For example, in states that allow district discretion in exiting students from the EL subgroup, comparing 

one district’s exit rate with that of another district may be problematic. Furthermore, these 

inconsistencies pose a challenge to states and districts in making comparisons of academic achievement 

of EL students, and thus potentially make it difficult for these entities to develop consistent instructional 

practices for students (Regan and Lesaux 2006, 21).

Instructional Programming and Placement 37

III. Instructional Programming and Placement

Title III of the Elementary and Secondary Education Act (ESEA) requires districts to provide programs for 

English Learners (ELs) that are aimed at helping ELs attain English language proficiency and meet 

challenging state academic content and student academic achievement standards in the core academic 

subjects (ESEA, Section 3115). Nationwide, districts have implemented a variety of instructional 

services for ELs for these dual purposes of English language acquisition and content learning, including 

programs that provide English as a Second Language (ESL) instruction, programs that provide 

instruction in the content areas in English, and programs that provide instruction in students’ native 

languages. This chapter explores the range of programs offered to ELs in districts across the nation, the 

process of placing students into these programs, and the availability of information on the effectiveness 

of these programs. 

Key Findings

—In 2009–10, instructional programs using English as a Second Language (ESL) 

instruction were the most common EL services among Title III districts, with 

98 percent providing these services to at least some ELs. Content instruction in 

English designed for ELs was the next most frequently reported EL service among 

Title III districts, with 87 percent providing content-based instruction to at least some

ELs. 

—In 2009–10, 57 percent of officials from Title III districts reported providing 

instruction for at least some ELs in some of their schools that included students’ 

native language(s). Forty-four percent of Title III district respondents reported 

offering content instruction in students’ native language(s), 44 percent reported offering 

native language arts instruction, and 29 percent reported offering dual immersion 

programs. 

—As of the 2009–10 school year, 18 states and the District of Columbia had 

established formal policies that influenced EL programming and placement 

decisions at the district level. Three states had policies that specified the amount of 

instructional time that ELs should spend receiving services in developing English 

proficiency and the time period over which they should receive this instruction. 

—In 2009–10, nearly half the Title III district officials (43 percent) reported that a 

lack of proven curricula and programs for ELs was a moderate or major 

challenge. Case study district respondents reported relying on their own data to gauge 

program effectiveness. 

Instructional Services for English Learners

Title III of the ESEA requires districts to provide ELs with language instruction educational programs 

(LIEPs) that have demonstrated effectiveness in increasing English proficiency and academic 

achievement in the core subjects (ESEA, Section 3115). The law (Section 3301) defines a language 

instruction educational program as an instruction course: 
Instructional Programming and Placement 38

a. in which a limited English proficient child is placed for the purpose of developing and attaining 

English proficiency, while meeting challenging state academic content and student academic 

achievement standards, as required by section 1111(b)(1); and 

b. that may make instructional use of both English and a child’s native language to enable the child 

to develop and attain English proficiency, and may include the participation of Englishproficient children if such course is designed to enable all participating children to become 

proficient in English and a Second Language. 

To address Title III’s dual goals of ensuring that ELs develop English proficiency and learn grade-level 

academic content at the same time, Title III districts must provide instructional programming for ELs 

that promotes both of these objectives. For ELs, who are disadvantaged by the language barrier in 

content-area classrooms, instruction on grade-level content becomes possible through instructional 

support using students’ native language or through scaffolded instruction with an attempt to adjust the 

level of English. Both strategies make academic content understandable to students who are learning 

English (Linquanti 2001). 

While districts implement a range of program models and instructional strategies for ELs, these language 

instruction educational program services can be grouped into three broad categories based on the 

language and content of instruction and program goals. These are (1) English as a Second Language 

(ESL) instruction, (2) content instruction designed for ELs, and (3) instruction in students’ native 

language(s).54 Note that these categories are not mutually exclusive, and some instructional approaches 

evade easy categorization. For example, the Sheltered Instruction Observation Protocol (SIOP) model, 

which focuses on providing content-based instruction in English, also involves establishing objectives 

for developing English proficiency (Hanson and Filibert 2006; U.S. Department of Education, Institute 

of Education Sciences 2009).55 Thus, although these categorizations have their limitations, they provide 

structure for the discussion in this chapter. 

54. These three categories were derived from classifications featured in Center for School and District Improvement 

(2004), Linquanti (1999), Reed and Railsback (2003), and Rennie (1993). 

55. For more information on the SIOP model, see the text box titled “The SIOP Model,” below. 

English as a Second Language (ESL) Instruction

English as a Second Language (ESL) instruction focuses on development of proficiency in the English 

language, including grammar, vocabulary, and communication skills (listening, speaking, reading, and 

writing). The instruction is usually provided in English only, although some ESL programs may include 

use of students’ native languages (Linquanti 1999; Reed and Railsback 2003). Often students are “pulled 

out” of their home classroom for ESL instruction (in elementary schools) or have a full class period 

focused on ESL (in secondary schools). Program models used to provide instruction for developing 

English proficiency are commonly called ESL but also called English Language Development (ELD) or 

English for Speakers of Other Languages (ESOL). A variant of the ESL program is content-based ESL 

instruction, which is intended to develop language skills while preparing students to study grade-level 

material in English. Although using content as a means, these approaches are still focused primarily on 

the learning of English, which distinguishes them from content instruction designed for ELs, below 

(Reed and Railsback 2003). 

 
Instructional Programming and Placement 39

Content Instruction Designed for ELs

Content instruction designed for ELs focuses on 

the teaching of academic content rather than the 

English language itself, even though the acquisition 

of English may be one of the instructional goals 

(Reed and Railsback 2003). The content instruction 

is delivered in English, but adjustments may be 

made based on the English proficiency level of 

students in order to make the subject matter more 

comprehensible and accessible for ELs (Linquanti 

1999). Some typical program approaches of this 

kind are referred to as “sheltered English 

instructional methods,” “SIOP” and “structured 

English immersion” (Reed and Railsback 2003). 

The SIOP Model

In the Sheltered Instruction Observation 

Protocol (SIOP) model, teachers modify the 

way they teach academic content so lessons 

are comprehensible to ELs, integrating 

instruction for developing English proficiency 

into their content-based lessons so students 

can learn and practice the language as it is 

used within the context of each academic 

discipline. The SIOP model consists of 

eight components that guide teachers in 

developing lesson plans and delivering 

instruction—preparation, building 

background, comprehensible input, strategies, 

interaction, practice and application, lesson 

delivery, review, and assessment. Each of 

these components is woven into a SIOP 

lesson that covers academic content along 

with English language acquisition and may 

span approximately one to three days, 

depending on the lesson design (Hanson and 

Filibert, 2006; U.S. Department of Education, 

Institute of Education Sciences, 2009). 

Instruction in Native Language

The program models using native language vary 

widely in terms of the use of native language, 

content of instruction and program goals. Some 

bilingual programs aim for developing English 

proficiency as their primary goal, limiting native 

language use and using the native language only to 

support this end goal. Other programs are designed to foster bilingualism, and students are taught to 

develop proficiency in both languages; academic content is taught in both the native language and 

English (Center for School and District Improvement 2004; Linquanti 1999; Reed and Railsback 2003; 

Rennie 1993). While most native language instruction targets ELs, dual-immersion programs (or two-way 

immersion) incorporate both ELs and native English speakers. Dual-immersion classrooms include a 

balanced mix of students who are native English speakers and students who are native speakers of a 

different language. While instruction is in English for part of the day, the language of instruction later 

switches to the second language. In this way, all students benefit from instruction in their native 

language, and all experience the acquisition of a new language, modeled by their peers. The goal of this 

program model is to develop students’ proficiency in both their first and second languages (Linquanti 

1999; Reed and Railsback 2003). 

State Policies on English Learner Services and Placement

As of the 2009–10 school year, 18 states and the District of Columbia had had 

established formal policies that influenced EL programming and placement 

decisions at the district level.

Interviews with state Title III officials indicated that the majority of states did not have formal policies 

on EL placement. Among the 18 states and the District of Columbia that did, these states’ policies 

addressed the language of instruction that could be used to teach ELs and the amount of time students 

must spend in English language instructional programs. All other states allowed districts discretion in 

determining the type and nature of the programs they offered, and the strategies for determining a 

student’s placement. One reason for this high level of discretion and flexibility is the variable 

composition of the EL population within a given district. When determining availability of EL services, 
Instructional Programming and Placement 40

districts must consider the size and composition of their EL population, as well as the capacity of their 

teachers and staff. As one state Title III official explained, “It’s up to the district and that depends on 

how many ELLs they have, what kind of programs they have in place, how many endorsed teachers they 

have, whether or not they’re bilingual. It depends on a number of factors, so that is left up to the district 

to decide.” 

Policies on Language of Instruction

In 2009–10, at least 17 states and the District of Columbia had formal statewide 

policies on the language of instruction.56 Seven of these states had policies that 

required or encouraged districts and schools to offer instruction in students’ native 

languages under certain conditions; four states had policies that restricted

instruction in languages other than English; and six states and the District of 

Columbia had policies that permitted use of students’ primary language but did not 

require it.

56. Excluding foreign language classes. 

In 2009–10, state Title III officials most often indicated that their state did not have a formal policy on 

instructional use of students’ native languages (26 states). However, at least 17 states and the District of 

Columbia did report having such policies.57 Among them, seven states had policies that encouraged,58 or 

even required, districts or schools to offer bilingual education programs featuring instruction in both 

English and students’ native languages under certain conditions. For example, Washington required that 

districts provide all eligible ELs with a transitional bilingual program that used ELs’ native language in 

basic literacy and content instruction as a bridge to developing English proficiency. Only under certain 

circumstances, such as when resources in the student’s primary language were unavailable or there were 

not enough students at one grade level to warrant the purchase of native-language materials, were 

districts permitted to select an alternative instructional program. In New Mexico, the state’s Bilingual 

Multicultural Education Act provided funding to support local bilingual multicultural programs with the 

goal of making all students, including ELs, bilingual in English and another language. Policies in the 

other five states (Connecticut, Illinois, New Jersey, New York, and Texas) required districts to provide a 

bilingual program whenever there were at least 20 students with the same native language in a given 

grade level or school, or within the entire district, depending on the state’s policy.59 

57. The information presented here regarding states’ policies on the use of native-language instruction was gathered 

through a search of online policy documents and then sent to the state Title III director for verification or correction via 

a data confirmation form. In all, confirmed responses were collected from 44 states and the District of Columbia. The 

remaining six states, for which information was not available, have been excluded.

58. States with policies that “encourage” districts and schools to offer bilingual programs are states that provide 

resources or incentives with the explicit goal of furthering bilingual education in the state. 

59. New York mandated a bilingual program if there were 20 or more ELs of one language group at the same grade 

level in the same school building. In Connecticut and Illinois, the threshold had to be met within a single school 

building; in New Jersey, the whole district; in Texas, the same grade level within a district but only in the elementary 

grades.

In contrast, four states (Arkansas, Arizona, California, and Massachusetts) had policies restricting the use 

of programs that incorporated instruction in ELs’ native language(s). In Arkansas, state law declared that 

the basic language of instruction should be English only.60

60. See http://arkansased.org/educators/pdf/lep/official_language_121509.pdf

Policies in the other three states established 

structured English immersion (SEI) programs as the default approach to serving ELs in the state but 

allowed bilingual education programs through waiver systems. For instance, California’s and Arizona’s 

laws mandated the use of SEI programs, which focused on providing English-only instruction with an 

 
Instructional Programming and Placement 41

attempt to adjust the level of English, as appropriate. However, after 30 days of SEI instruction, parents 

could submit a waiver requesting that their children be taught in a bilingual instructional setting. Indeed, 

two case study districts in California included schools that were implementing bilingual programs as a 

result of parents’ having submitted a waiver request. One of these districts had schools that offered 

two-way immersion in Spanish, Korean, and Mandarin, while the other had schools implementing 

English-Spanish bilingual programs. Similarly, Massachusetts state law specified that that no subject 

matter should be taught in a language other than English and that students must learn to read and write 

solely in English, but the law permitted districts to offer bilingual programs to students who received 

waivers. Indeed, if 20 or more students within a given grade-level received a waiver, districts were 

required to offer “classes teaching English and other subjects through bilingual education techniques or 

other generally recognized educational methodologies permitted by law” (Massachusetts General Law, 

Chapter 71A).61

61. Massachusetts law did permit districts to offer two-way immersion programs without requiring parents to apply 

for and receive waivers.

The remaining six states and the District of Columbia had policies that allowed, but did not require, the 

provision of bilingual education programs. The foci of these policies varied: in some instances, the 

policies explicitly permitted the use of native language instruction or bilingual education, while in other 

cases, they emphasized the provision of instruction in English but did not restrict bilingual education 

programming. For example, Tennessee’s state code required that “instruction in the public schools and 

colleges of Tennessee ... be conducted in English unless the nature of the course would require 

otherwise” (Acts 1984, chapter 821, section 1). Within the framework of this law, the state education 

agency was able to encourage districts to offer heritage language programs and allow them to pilot other 

types of bilingual programs. 

Policies on English as a Second Language (ESL) Instructional Time

In 2009–10, three states had policies that specified the amount of instructional time 

during which EL students should receive services for developing English 

proficiency.

Officials from three states (New York, Rhode Island, Arizona) described policies that specified the 

amount of ESL instructional time ELs were required to receive, depending on their level of English 

proficiency.62 New York categorizes ELs in three levels of proficiency—Beginning, Intermediate, and 

Advanced—based on the results from its screening assessment, the Language Assessment 

Battery-Revised (LAB-R) and its state English language proficiency (ELP) assessment, the New York 

State English as a Second Language Achievement Test (NYSESLAT). From kindergarten to eighth 

grade, students who test at the Beginning or Intermediate levels receive two units of ESL instruction, 

and students at the Advanced level receive one unit. (The state defines one unit as 180 minutes per week, 

which equals 36 minutes per day.) From ninth to 12th grade, students who test at the Beginning level 

receive three units of ESL instruction, students at Intermediate receive two units, and students at 

Advanced receive one unit. This policy applies to all ELs, regardless of whether they are enrolled in a 

bilingual program or a “free-standing” ESL program. For example, students in bilingual education 

programs have to receive one to three units of ESL instruction (depending on their level) in addition to 

bilingual instruction. 

 

62. This information was not specifically solicited from all states. Rather, we asked the question “What criteria does 

your state use for the placement of LEP students into the LIEP programs offered in your state?” The above three states 

explicitly stated that they had policies that specified the amount of time. In addition, California and Massachusetts 

mentioned that they recommended the amount of time but did not require it.
Instructional Programming and Placement 42

Likewise, Arizona requires schools to provide ELs with up to four hours of structured English 

immersion (SEI) instruction per day based on their proficiency level. Rhode Island also prescribes a 

specific number of hours for instruction designed to develop English proficiency according to a 

student’s proficiency level. However, unlike Arizona, Rhode Island provides districts with more 

flexibility with respect to the type of programming that can be offered during this prescribed 

instructional time. The state has identified seven different program models, and each district determines 

which program or combination of programs to offer. 

Services for English Learners Among Title III Districts

In 2009–10, officials in Title III districts reported providing a wide range of services to meet the needs 

of ELs. The most frequently offered instructional service was ESL instruction for developing English 

proficiency, provided by nearly all Title III districts (98 percent). A majority of Title III districts also 

provided instruction in content areas specially adapted for ELs (87 percent), and more than half also 

offered special instruction for newcomers (57 percent) (see Exhibit 12). Fifty-seven percent of districts 

also offered at least one approach in which teachers provided some instruction in students’ native 

language(s). This section discusses the prevalence of these instructional strategies among 

Title III districts, along with a more nuanced view of implementation among case study districts. 

Exhibit 12

Types of EL Services Among Title III Districts, 2009–10

Types of EL Services

Percentage of 

Title III Districts That 

Provide EL Services

English language development for ELs (e.g., English as a Second Language instruction) 

within or outside the regular classroom 98

Instruction in content areas using English but specially designed for ELs (e.g., sheltered 

instruction, SIOP). 87

Program models using native language: Instruction in content areas (mathematics, 

science, social studies) involving significant (at least 25 percent) use of the native language 44

Program models using native language: Instruction in the language arts of the native 

language 44

Program models using native language: Two-way immersion programs involving both 

ELs and native English speakers 29

Special instruction for newcomers to U.S. schools 57

Exhibit Reads: 98 percent of districts reported that they provide English as a Second Language (ESL) 

instruction within or outside the regular classroom. 

Note: n = 1389–1407.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

English as a Second Language (ESL) Instruction

In 2009–10, ESL instruction was the most common type of EL service among 

Title III districts, with 98 percent providing these services to at least some ELs. 

According to the nationally representative survey, ESL instruction was the most common of EL services 

provided among Title III districts at both the elementary and secondary levels. At the elementary level, 

almost all (97 percent) Title III districts provided this service within or outside the regular classroom. 
Instructional Programming and Placement 43

Almost half (49 percent) of Title III districts provided this service to all ELs at the elementary level. At 

the secondary level, 95 percent of Title III districts provided this service, and 39 percent of 

Title III districts provided this service to all ELs at the secondary level.63 

63. The percentages, by elementary and secondary levels, were lower than the overall total of 98 percent for all Title 

III districts because some districts offered ESL instruction for either the elementary or secondary level but not for both.

Respondents in all 12 case study districts reported that they provided services using ESL instruction. For 

example, in one small rural district in a Title III consortium [C], pull-out ESL instruction was the only 

available EL service. In accordance with state requirements, which specify the duration of ESL 

instruction by a student’s English language proficiency level, schools in this district blocked out a set of 

ESL sessions in their daily schedules. During these sessions, teachers who specialize in EL instruction 

provided individualized instruction to ELs on vocabulary, grammar, and writing skills in relation to the 

academic content that ELs were learning in their other classes. One teacher explained how she taught 

her students preposition and article use during one ESL session by drawing on instructional material 

from the student’s English class:

I just took her English assignment that she wrote on the Island of the Blue Dolphins, 

and I had her print it out ... and it was replete with article errors because it’s so difficult. 

So I took that, and for every place that might or might not require an article, I put a 

blank in front of it. I had her tell me what she perceived to be the article use rules, so we 

started with that. And we saw what experts say about article rules. And then, we took a 

look at her paper, and we were also using a basic grammar textbook. That’s where I 

trouble shoot, and I try to take the content and teach her grammar, writing skills. 

Another case study district [J] with much larger EL enrollment implemented leveled ESL instruction. This 

large suburban district provided ESL classes for all ELs daily, as required by the state. The ELs were grouped 

and assigned to one of the four levels of ESL classes according to their English proficiency. One district 

official explained that these ESL classes were the vehicle for ELs to develop their English proficiency: 

The [ESL] time that is placed into every school day is really viewed as sacred because 

that’s the time where a teacher can work as a practitioner and hone in on the skills to 

help those students move. We really want to get them up and out. 

At the elementary level, schools in this district offered 45 minutes of ESL instruction per day for grades 

1 through 6, and 30 minutes per day for kindergarten students. At the secondary level, ELs at the lowest 

three proficiency levels received two periods of ESL class per day, and the more advanced ELs received 

one period of ESL class and one of general education class in English. The district required specific 

instructional materials for these classes according to students’ English proficiency and grade levels. The 

classes were taught by mainstream teachers who had met state certificate requirements for teaching a 

second language. 

Content Instruction Designed for ELs

In 2009–10, content instruction designed for ELs was the next most frequently 

reported EL services among Title III districts, with 87 percent providing 

content-based instruction to at least some ELs in the district. 

Administrators in a majority of Title III districts (87 percent) reported that schools in their districts 

provided content instruction in English designed for ELs, with adjustments to make the material more 

 
Instructional Programming and Placement 44

accessible for ELs. At the elementary level, 81 percent of Title III districts provided specially designed 

content instruction in English to at least some ELs, and 20 percent of Title III districts provided this 

instruction to all ELs. At the secondary level, 81 percent of Title III districts provided content 

instruction in English for ELs, and among these districts, 18 percent provided this service to all students 

identified as ELs. 

Eleven of the 12 case study districts reported that they provided instruction in content areas in English 

specially designed for ELs. Three case study districts [H, I, J] implemented content-based instruction 

through a specialized instructional strategy called SDAIE (Specially Designed Academic Instruction 

Delivered in English). The SDAIE strategy involves the teaching of grade-level subject matter in English 

in ways that are comprehensible and that engage students academically (Reed and Railsback 2003). For 

example, one of these three districts [H] launched a districtwide initiative to train general education 

teachers to use the SDAIE strategy. This districtwide initiative emphasized providing teachers with skills 

to scaffold content-area instruction and differentiate instruction for ELs. In this district, all ELs were 

expected to attend the SDAIE classes, in which they were grouped according to their English proficiency 

levels, as measured by the state ELP test. At the elementary level, the district central office 

recommended that schools place ELs into their grade-level classrooms in such a way that only one or 

two proficiency levels were included in any given classroom. These arrangements allowed teachers to 

tailor instruction and provide targeted support for ELs according to their proficiency levels. 

Another common strategy for content instruction designed for ELs is the collaboration model (or 

co-teaching model), endorsed by schools in four case study districts [D, E, F, and G]. In the 

collaboration model, mainstream teachers and teachers who specialize in EL instruction provide joint 

instruction in classrooms with a mix of native-English-speaking students and ELs. For example, in one 

large, linguistically diverse district [F], the collaboration model is the predominant approach for 

instruction of ELs. School-level staff explained that this model allows ELs to learn the same academic 

content in the same context as their English-proficient peers but with appropriate language supports. 

One district official explained, 

The service is delivered collaboratively. That means that the teachers need to plan 

together. They need to co-teach. They need to assess and evaluate student learning 

together and report it to parents together. Also, they need to reflect on how things are 

going. 

Moreover, mainstream teachers and teachers who specialize in EL instruction reported each benefit from 

their co-teachers’ respective areas of expertise, making teachers who specialize in EL instruction more 

aware of the content and mainstream teachers more aware of how to make content accessible to ELs. As 

one mainstream teacher stated, “I would say that my work with [my partner ESL teacher] has given me a 

lot more perspective than I used to have. ... I’ve learned that ELL practices are best for all [both ELs 

and English-proficient students].” 

Instruction in Native Language

Instruction in a student’s native language was the least frequently reported EL 

service among Title III districts but was still provided in more than half the 

Title III districts (57 percent) in 2009–10. 

In 2009–10, officials in slightly more than half the Title III districts reported that schools in their districts 

provided instruction for at least some ELs that included students’ native language(s). Instruction in 

native language was slightly more common at the elementary level (51 percent of Title III districts 
Instructional Programming and Placement 45

reported native language instruction at the elementary level) than at the secondary level (42 percent). 

Specifically, Title III survey respondents reported whether any of the following three approaches were 

implemented in schools in their district (note that these are not mutually exclusive categories): 

—Instruction in content areas (math, science, social studies) involving significant (at least 25 percent) 

use of the native language 

—Instruction in the language arts of the native language 

—Two-way immersion programs involving both ELs and native English speakers 

Among these programs, district respondents most often reported the use of native language instruction 

in the content areas, followed by instruction in the language arts of the native language. Two-way 

immersion programs were the least common approach, available in only 29 percent of Title III districts 

(see Exhibit 1364). 

64. Exhibit 13 presents a subset of the data presented in Exhibit 12.

Exhibit 13

Types of Program Models Using Native Language Among Title III Districts

Exhibit Reads: Forty-four percent of districts reported that they provided content-area instruction 

involving significant (at least 25 percent) use of the native language for at least some ELs. 

Note: n = 1389–1395.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Although 57 percent of Title III districts reported that native language instruction was occurring in at 

least some of their schools, very rarely were any of these programs offered districtwide to all ELs. 

Indeed, districts with a diverse language population would be challenged to offer native language 

instruction to all ELs. Between 1 and 4 percent of Title III districts made the approaches listed in 

Exhibit 13 available to all ELs in the district (2 percent, 2 percent, and 4 percent, respectively, at the 

elementary level; 1 percent, 1 percent, and 4 percent, respectively, at the secondary level). Only 17 

percent of Title III districts provided EL services using native language to a majority of ELs at the 

elementary school level, and only 12 percent provided these services to a majority of ELs at the 

secondary school level. Nationwide, Title III districts that provided instruction using a native language 

were more likely to have a large number of ELs or a large percentage of Spanish-speaking students (see 

Appendix C). 

Administrators in 10 of the 12 case study districts reported that at least some schools in their districts 

provided some type of instruction in students’ native language(s). For example, one very large urban 

district [A] with a long history of serving ELs, gave schools great autonomy in selecting a program model 

 
Instructional Programming and Placement 46

that best fit the needs of their EL student population. As a result, several schools in the district offered 

native language instructional programs, including content-area classes in the students’ native languages, 

bilingual programming, and two-way immersion programs for ELs and non-ELs. Indeed, officials in this 

district reported that they encouraged the use of native language to support ELs in understanding 

academic content. One high school biology teacher described the way in which teachers encouraged 

students to feel comfortable using their native language at school, particularly to master complex 

academic content: 

All of our teachers are bilingual so students have a lot of supports. We really want them 

to get the knowledge, so they can still use native language if needed. We push them to 

get the advanced [high school] diploma, and in order to do so, they really need to 

understand the content. We want students to feel comfortable to use their native 

language if they need it to understand the content. 

Other case study districts also embraced native language instruction. One large urban district [K] with a 

largely Spanish-speaking EL population and a notable population of American Indian language speakers 

encouraged the use of bilingual programs and two-way immersion programs if a school’s EL population 

was large enough to warrant such an approach. The EL coordinator for this district explained the 

district’s approach to native and second-language instruction as follows: 

We believe here that it is very important that children’s culture and language [are] valued 

and respected. These students are not seen as students who bring deficiencies into the 

classroom but who bring a lot of positive values and knowledge. These are not empty 

receptacles that come to us that we pour language and knowledge into them. It’s a 

question of knowing the students, who they are, their background, their ability in their 

native language and where they are in their continuum of English language acquisition 

and providing them with supports so that our students can be bilingual and biliterate. 

In a context in which bilingualism is embraced, two-way immersion is a logical fit. One teacher explained 

how the two-way immersion program enhanced mastery of language and academic content in English 

and Spanish: 

Fifty percent of my day is instructed in English, and 50 percent is instructed in Spanish. 

We are taking a look to see that our core content areas are delivered in both languages. 

We are not repeating the content in both languages. We are using the language in a 

strategic manner so that students are receiving the content in English and Spanish but 

not repeating it. We are trying to activate the students’ ability to work in both languages 

and not necessarily to wait for the concurrent translation. We are trying to foster a rich 

classroom environment that supports oral language development as well as academic 

language development for both English and Spanish across all content areas. 

In another case study district [L], a heritage language program model was implemented in schools 

districtwide. This district was located on an American Indian reservation, and the home language of the 

district’s EL population was predominantly the heritage language of the community. District officials 

sought to promote proficiency in the heritage language, as well as English. As a result, all students, 

received at least 45 minutes of instruction in the heritage language and culture, and students designated 

as EL at the elementary level also received English language instruction during a two-hour or three-hour 

block, depending on their English proficiency level. Support for ELs at the middle school and high 

school level was less structured; instructors would rotate through the mainstream, content-based 

classrooms during the school day to support ELs as necessary by translating words and directions. 
Instructional Programming and Placement 47

According to the district leaders, the programming for ELs in this district was somewhat complicated by 

the dual focus of teaching both the heritage language and the English language. The heritage language 

was becoming less prominent in the community. The EL coordinator reported that the number of EL 

students entering kindergarten has dropped in recent years, and there was community concern over new 

generations’ not learning the heritage language. As one parent remarked, 

I speak fluently in both languages, but my girls have difficulty saying words. We have 

many cultural traditions and things that go on. We have [elders] that help out and 

sometimes my girls don’t understand when they are spoken to in their own language and 

I don’t think that’s good at all. I feel like I’ve failed in teaching them their own language. 

I’m concerned about my own culture and [heritage] language. 

Indeed, according to one district official, the bilingual programming in the district was initially designed 

to help students learn English, but “now the opposite seems to be true. They speak English, but not [the 

heritage language], but they’re not proficient in either one.” This tension between maintaining students’ 

heritage language and culture and developing English proficiency posed a challenge for the district in 

terms of programming and instruction. 

A state Title III official from another state with a significant American Indian population reported a 

similar tension between maintaining the heritage language and developing English proficiency for 

American Indian ELs. This official remarked, “We’re challenged with the sovereign [Indian] nations that 

are in [this state]; how to get school districts to work with them, and since most of the sovereign nation 

issue is teaching the kids their heritage language, and Title III at least in my shop is about teaching them 

to learn English, we’re running into some problems.” 

Newcomer Programs

In 2009–10, 57 percent of Title III districts offered special instruction for newcomers 

to U.S. schools.

According to the nationally representative survey of Title III districts, 34 percent of ELs enrolled in 

Title III districts were born outside the United States and had immigrated to the United States. These 

students face an additional challenge because they must learn the culture of American schools, as well as 

the English language. Some students who are newcomers to the United States may require only a short 

transition period, while others, particularly students with interrupted formal education (SIFEs), need 

intensive supports before they can attend classes with their American-born peers. In 2009–10, 57 percent 

of Title III districts offered special instruction for newcomers to U.S. schools (see Exhibit 12). Among 

the 12 case study districts, 9 [A, B, D, E, F, G, H, I, and L] offered supports for newcomers, including 

short summer programs, content courses tailored specifically to newcomers, and stand-alone centers for 

SIFEs. 

Newcomer programs are designed to provide support for students with very low levels of English 

literacy skills and who often experienced limited formal schooling in their native countries. The structure 

and content of newcomer programs vary widely from program to program. Some newcomer programs 

last for a limited period of time (for example, the summer before the start of a new school year), and are 

designed to help students transition to regular EL programs after receiving support for beginning 

English skills and acculturation to the U.S. school system. Other newcomer programs may last a year or 

two and include more substantial courses and curricula, such as ESL instruction, bilingual education, and 

native literacy programs (Reed and Railsback 2003; Center for Applied Linguistics 2000). For example, 

one large urban, linguistically diverse case study district [B] recently began offering science and 
Instructional Programming and Placement 48

mathematics courses specifically for newcomers to the United States. As one high school principal 

explained, 

We have an ESL program where we teach intensive English for beginners for 

three periods, and for those students, mainly our SIFE or refugee students, we have 

content area science and math also. And they have an after-school program where they 

receive instruction in social studies content area. ... Those teachers have received 

SIOP65 training so they know how to bring the content instruction to the ELLs in a way 

that they understand it. 

65. For more information on the SIOP model, see the text box “The SIOP Model,” in the first section of this 

chapter.

Still, the teachers in this high school described challenges in providing instruction to the SIFE students: 

Some classes included students of seven native languages, rendering it impossible to provide native 

language support. In addition, one high school teacher commented that there was no standard that 

reflected the proficiency level at which her students started, adding, “You need to learn basic vocabulary 

about clothes and food. You can’t teach anything else until they’ve had the basic vocabulary. There is not 

a state standard for kids who are just coming in. ... You need to have something that just allows you to 

do vocabulary and basic grammar structures.” 

Another medium-size suburban district used a portion of its Title III funds to launch a newcomer center 

for the most challenged ELs, consisting of one middle school and one high school classroom in 

neighboring school buildings. The newcomer center is staffed by one full-time teacher, one full-time 

teaching assistant, and one quarter-time social worker. Although the newcomer center serves relatively 

few students (in 2008–09 it served 19 high school and 13 middle school students; in 2009–10, 15 high 

school and 9 middle school students), it serves the students who face the greatest challenges, who would 

have been very difficult to place in a regular school setting. Indeed, many of the students in the 

newcomer center were refugees who had spent most of their lives in a refugee camp and had no formal 

education whatever. The lead teacher for the newcomer center reported that her objective for her 

students was to “prepare them so they can be successful when they go to regular school next year, so 

they will have confidence and cultural understanding. ... We’re trying to help them try to navigate the 

new world.” 

District Practices for Placing Students Into English Learner Services

In 2009–10, placement decisions were based on a variety of factors including a 

student’s proficiency level, parent input, teacher judgment, and the programs 

available in a district or school.

Although some states had laws and policies that guided or influenced districts’ programming for EL 

services and placement, overall, districts were afforded flexibility in the strategies they used for placing 

ELs into programs based on local, contextual factors. Consistent with the literature (Committee on 

Developing a Research Agenda on the Education of Limited-English Proficient and Bilingual Students 

1998; Center for School and District Improvement 2004; Rennie 1993; Reed and Railsback 2003), data 

for this study (collected through state interviews, the Title III district survey, and case studies), indicated 

that placement decisions were based on a combination of factors, including the instructional options 

available in a district, staff capacity and resources, the nature of the EL population, the needs of 

individual students, and parental choice. Officials from Title III districts reported that numerous factors 

could determine an EL’s placement into an instructional program. Although English proficiency 

 
Instructional Programming and Placement 49

assessment results were by far the most commonly reported factor (98 percent of districts), other 

frequently reported factors included parental input (74 percent) and teacher judgment (65 percent) (see 

Exhibit 14). 

Exhibit 14

Factors Considered in Placing Students in EL Services in Title III Districts, 2009–10

Factors

Percentage of

Title III Districts

English proficiency assessments (including both state-mandated and district-selected) 98

Parental input/choice 74

Teacher judgment 65

Progress tests (also called interim, benchmark, or diagnostic tests) 58

State academic-content-area tests 48

Class grades 46

Home language survey 42

Years in the EL service program 39

Other standardized achievement tests in English 36

Grade level 32

Years in the U.S. 31

Native language proficiency tests or standardized achievement tests in native language 30

Exhibit Reads: Ninety-eight percent of districts reported that results from English proficiency assessments 

were considered in instructional placement decisions. 

Notes n = 1322–1392. 

The weight of these factors may vary when districts make placement decisions, but the exhibit does not consider 

this difference.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Similarly, officials from all 12 case study districts reported using English proficiency assessment results to 

make placement decisions. Parental input was also a factor in all case study districts, often through the 

submission of waivers for an alternative type of program. Of course, placement decisions are constrained 

by the type of programming available, and among the 12 case study districts, three of the smallest, most 

rural districts [I, C, L] offered a single type of programming for all ELs. The remaining eight districts, all 

middle- to large-size districts, had a variety of program types, providing some degree of choice for 

placement. However, even in these districts, not all instructional options were available in every school in 

the district or for all ELs within the same school [A, B, D, E, F, H, J, K]. 

In addition, placement decisions could be made at the district level or at the school level. For example, a 

district central office may make placement decisions in order to cluster ELs of particular needs in 

designated schools, in which staffing and programming are designed to address their needs, such as 

schools that offer newcomer or bilingual programs. On the other hand, placement decisions could be 

made at the school level when the district central office assigned ELs to their neighborhood schools and 

allowed each school to determine the type of programming on the basis of the size and nature of their 

EL population [A, D, E, K, L]. For example, in one large urban case study district, schools were afforded 

discretion in determining instructional options and student placement. The types of EL services 

depended largely on the demographics of the school population, whether the staff were qualified to 

provide instruction of a specific type, and parental preferences. In addition, the number of students in a 

particular program generated the amount of funding a school received, so a school’s capacity to provide 
Instructional Programming and Placement 50

different instructional models and services was affected by the number of students. In this district, 

central office staff would meet annually with a school principal to review the school’s demographics, the 

community, student outcome data, and the school’s staffing, and to make a recommendation for the 

types of programming to offer. According to district staff, it was the responsibility of the district to 

“ensure that all schools [had] sufficient highly qualified staff to be able to implement the program 

models they [had] at their schools.” 

English Proficiency Assessment Results

In 2009–10, 98 percent of Title III districts reported that they used English 

proficiency assessment results as a factor when assigning ELs to instructional 

programs.

Nationally, English proficiency assessment results were the most common factor that Title III districts 

considered when they placed students into EL programs. These assessments included screening 

assessments used in the initial EL identification process, state ELP tests administered for all ELs 

annually for accountability reporting, and other types of language proficiency assessments. Some districts 

used only one type of assessment while other districts used multiple types of assessments for making 

placement decisions. District-level staff from all 12 case study districts also reported that ELP 

assessment results were a primary consideration in making placement decisions. These assessment results 

provided information on each student’s English proficiency level, often categorized as Beginning, 

Intermediate, Advanced, and Proficient. Administrators in case study districts reported using this 

information for various aspects of placement decisions, such as matching individual ELs with an 

appropriate program, determining the amount of time for ESL instruction for each student, and 

grouping ELs of the same proficiency level for targeted instruction. 

Parental Input or Choice

Parental input or choice was the second most frequently reported consideration in 

placement decisions, reported by 74 percent of Title III districts.

In 2009–10, 74 percent of Title III districts surveyed reported that they considered parental input or 

choice in making placement decisions for ELs. Title III directors in at least 26 states66 indicated that they 

had policies allowing parents to have a voice in their children’s placement. Among the 12 case study 

districts, 10 districts had more than one program type available. District administrators and school staff 

in at least eight of these districts mentioned that they considered parental input or choice in making 

placement decisions [A, B, D, F, G, H, J, and K]. In these districts, parents of ELs were provided with 

information about schools with appropriate services for their children, although the types of 

communication varied, such as one-on-one conferences, written communication, or an online video in 

the most frequently spoken languages. 

66. We only have data from 26 states in regard to parental input or choice in EL placement because this information 

was not specifically solicited from all states. All these 26 states mentioned that they allowed parents a voice in placement 

decisions.

Officials in one large urban case study district [K] reported that they abided by parents’ wishes regarding 

whether they wanted their children to be placed in a two-way immersion, bilingual, or ESL program, or 

to opt out of these EL programs. As one district official (an EL coordinator) explained, 

 
Instructional Programming and Placement 51

It’s important for us to share with parents the benefits that their child might receive in 

these kinds of classes. ... There are a lot of things that you need to finesse and work 

with parents so that they’re knowledgeable and understand what these support services 

mean and how we think they’re going to address the needs of these students. We have to 

let them know that these programs are not remedial in nature. 

In another large urban case study district [B], the district placement center provided parents with a list of 

schools with EL services, and the district’s open-enrollment policy enabled parents to choose from 

nearly any school in the district.67 However, teachers in a high school focus group and the district 

Title III director admitted that, in practice, parents of ELs had limited options, if any. According to these 

respondents, EL parents often lacked sufficient knowledge of schools to evaluate options, to request 

transportation to schools outside their neighborhoods, or to apply for the few selective public schools. 

As a result, one high school became the default high school for ELs in the district. As one school staff 

member with a large enrollment of ELs noted, “The term ‘free appropriate public education’ is a unique 

term. Yes, it may be free, but the distribution is uneven.” 

67. However, district officials reported that parents often sent children to a neighborhood school even if they could 

send the children to another school of their choice.

Nationally, 2.7 percent of ELs in Title III districts did not receive EL services in 

2009–10 because of parental choice.

Per Title III provisions (Section 3302), parents have the right to opt their children out of EL services 

altogether if they so choose. However, only rarely do parents opt out of services: In 2009–10, 

administrators in Title III districts indicated that only 2.7 percent of ELs did not enroll in EL services 

because of parental choice. 

According to state interview data and a review of state websites, at least 27 states68 allowed parents to 

opt out of EL services for their children once the children had been identified as ELs. If parents did opt 

out, districts in these states would make modifications to the general education program in order to 

overcome language barriers. For example, one state Title III director noted, “They would be enrolled in 

ESOL services unless their parents choose to waive them in which case we have to provide language 

support through other means.” Similarly, a Title III official in another state noted how parents could opt 

out of services; however, the district would still be obligated to provide appropriate means to meet 

students’ academic and language needs. In contrast, in Florida, due to a consent decree, parents of ELs 

do not have the option of not allowing their children to receive EL services, but parents do have the 

option of choosing what type of services their children receive. 

68. We did not systematically ask each state whether parents were able to opt out of having their children receive 

EL services. We were able to collect this information from 28 states either through information that was volunteered 

during the state interview or from guidance documents we found on the state’s website. Of these 28 states for which we 

were able to collect the information, 27 allowed parents to opt their children out of services.

Long-Term ELs

State Title III officials and case study districts identified several subpopulations of ELs who faced unique 

challenges in exiting EL status. These subpopulations tended to remain in EL status longer than the 

other ELs. This section discusses their unique challenges and instructional strategies to address them. 

 
Instructional Programming and Placement 52

Teachers and administrators in almost all of the case study districts identified 

long-term ELs as a struggling subpopulation of ELs and recognized the unique 

challenges associated with them. Four district officials mentioned specific 

instructional strategies to assist long-term ELs, although each district had its own 

approach. 

Almost all the case study districts raised the issue of challenges associated with long-term ELs—students 

reached the Intermediate level of English proficiency and got “stuck” in EL services. Long-term ELs are 

students who have attended U.S. schools for a long time, typically defined as seven years or more, yet are 

still classified as ELs (Menken 2009). Menken has identified two main groups of long-term ELs: 

(1) transitional students who move between the U.S. and their country of origin and (2) students with 

inconsistent schooling. An administrator from a large urban district [A] also mentioned these 

circumstances, commenting “These are kids that either start in ESL, go back to bilingual—inconsistent 

programs. Other kids go back and forth between the U.S. and other countries. There is a lack of 

continuity, breaks in instruction.” 

These students pose a unique challenge to school district teachers and administrators. While long-term 

ELs’ social English may be close to that of native speakers, these students struggle with the academic 

language needed to meet the state or district’s requirements for exiting EL status (Menken 2009). 

One teacher from a small suburban district with a large EL population [G] stressed, “I think this is 

one of the most significant problems—the “lifers.” ... They are language students, but are they best 

served through an ESL class? And that is very difficult to know.” Another challenge cited by teachers of 

ELs and administrators in at least two case study districts [D, G] is that students become “comfortable” 

in EL services. “Some of those kids don’t want to get out,” a high school administrator stated. “It’s a 

comfort level.” Teachers and administrators from these districts attribute this level of comfort to 

students who do not feel motivated to move on or who feel reluctant to leave ESL classes, which they 

have come to perceive as a safety net. 

At least three officials from the case study districts identified different instructional strategies or 

programs to help long-term ELs attain proficiency. For example, administrators at a large suburban 

district [J] tried to identify students who had been in EL services for five or six years to the staff at their 

middle and high schools. In addition to identifying these students, administrators also made 

recommendations on how to help them. A school administrator from a district with a large growth of 

ELs [G] suggested that by challenging long-term ELs “and mak[ing] them uncomfortable a little bit, they 

tend to succeed.” She indicated that her school’s English language arts department took the lead in 

developing instructional strategies for long-term ELs. A Title III administrator in a large urban district 

[B] indicated that their district had a voluntary Saturday program available for long-term ELs to provide 

them with additional assistance. The Saturday program started with over 200 students several years ago, 

but attendance had been declining since then. 

Availability of Information on Effectiveness of English Learner Programs 

In 2009–10, nearly half the Title III district officials (43 percent) reported that a lack of 

proven curricula and programs for ELs was a moderate or major challenge. Case 

study district respondents reported relying on their own data to gauge program 

effectiveness.

Title III requires districts to provide ELs with LIEPs that have demonstrated effectiveness in increasing 

English proficiency and academic achievement in the core subjects (ESEA, Section 3115). However, 
Instructional Programming and Placement 53

identifying research-based programming for ELs may be a difficult task for many districts. The research 

on effective programs for English Learners is limited (Gersten et al. 2007; August and Shanahan 2006). 

The What Works Clearinghouse has only identified 16 studies that reach the level of rigor necessary to 

determine whether these programs can produce significantly better academic outcomes for EL students, 

and of these, only 14 provide evidence of positive or potentially positive effects for at least one outcome. 

Nationally, officials in 43 percent of Title III districts reported that a lack of proven curricula and 

programs for ELs was a moderate or major challenge. Likewise, interviewees and focus-group 

participants from the 12 case study districts reported that they felt they had limited information about 

the effectiveness of their programs. Indeed, identifying and implementing research-based strategies 

remained a concern for district leaders and school staff. They reported using their own data to try to 

determine whether or not their selected programs were adequately meeting the needs of their EL 

students. 

Officials from at least five of the 12 case study districts described using student data to develop or 

modify their instructional programs and to gauge the programs’ effectiveness. For example, in a very 

large urban case study district, every school was required to develop an annual school-based plan for EL 

services that addressed programmatic and instructional strategies, staff distribution, and data-driven 

practices for ELs. These plans had to include data on ELs’ performance and evidence that the school’s 

selected instructional programs and methodologies were positively affecting ELs’ achievement and 

progress. During focus groups, school-level staff indicated that the process of developing these plans 

was a useful exercise, as it forced administrators and teachers to reflect and reassess the effectiveness of 

their program model. As one respondent stated, “The questions they are required to answer [as part of 

the plan] make administrators reflect upon their practices and how to improve them because they are 

actually working with data and looking at the goals of their program.” 

In a large, urban case study district [K], decisions regarding programs offered were made at the school 

level, but with guidance and oversight from the district. As the district-level EL coordinator explained, 

“We can take a look at data and see what that program is and if that program is having the impact that it 

needs to have, and if it’s not, why not, and what do we need to do to strengthen and improve? Our eye is 

constantly on the data.” 

In one of the rural case study districts [D], administrators and teachers were in the process of 

determining a program model that would best meet the needs of their EL students. This district had 

experienced rapid growth in its EL population (78 percent growth since 2002–03) and did not have a 

long history of serving this population of students. The district’s approach to measurement of program 

effectiveness was to constantly review data and modify instruction accordingly. At the time of the case 

study visit, the district had begun implementing school-based professional learning communities, 

whereby educators regularly examined their students’ performance and jointly adjusted instruction to 

better meet student needs. As part of that initiative, the district had adopted several software assessment 

tools to provide formative assessment data as a means of facilitating this process. 

In contrast, other districts struggled to identify strategies for improving their instructional model when 

the data did not provide evidence of effectiveness or student progress. One rural district [L] with a 

predominantly American Indian EL population was challenged to ensure that students learned and 

remained fluent in their heritage language while at the same time providing the instruction necessary to 

also ensure fluency in English. Although the district had implemented programs and strategies to teach 

both the heritage language and the English language, a district official cited a lack of evidence that either 

program was producing the desired results. She remarked, “I don’t feel like we’ve got a very strong 

program for teaching English,” and cited a lack of “good evidence right now that by the time kids 
Instructional Programming and Placement 54

graduate that they are proficient in [the heritage language].” The district received technical assistance 

concerning the use of data on ELs, but it indicated that technical assistance was not sufficient. Likewise, 

an official from a large suburban district with a predominantly Spanish-speaking population [J] indicated 

that “getting to an EL Master Plan that everyone can agree on” remained a significant challenge for the 

district. In particular, this official noted that district leaders had widely varying perspectives on the 

effectiveness of the district’s bilingual programs and on whether bilingual education should be offered at 

all. 

Chapter Conclusions

Across the country, Title III districts are providing a range of services to meet the diverse needs of ELs. 

There are some broad commonalities with regard to programmatic offerings: Nearly all districts offer 

ESL instruction, and 87 percent offer content instruction in which the English instruction is modified to 

be more accessible for ELs. In addition, more than half of Title III districts offer some type of 

instruction in students’ native language(s) (57 percent), as well as programs specifically for newcomers to 

the United States (59 percent). 

While interviews with Title III officials indicated that states typically did not have formal policies on EL 

placement, 19 states and the District of Columbia did have policies that influence curriculum and 

instruction for ELs at the local level. These include policies regarding the language of instruction 

(restricted in eight states) or policies regarding the amount of ESL instructional time to be allocated for 

developing English proficiency (required in three states). Decisions regarding the placement of ELs in 

particular instructional programs are delegated to the district (and in some cases, the school) level. When 

placing ELs in an instructional program, results on ELP assessments are the most common 

consideration, although parent wishes also influence the instructional program to which ELs are 

assigned—or indeed, whether they participate in EL services at all. In 2009–10, 2.7 percent of ELs in 

Title III districts did not participate in EL services because their parents opted out. 

Although districts are providing a diverse set of instructional services for ELs, nearly half the 

Title III administrators (43 percent) lamented the lack of information on the effectiveness of 

instructional approaches for ELs. Although recent analyses in two California districts indicated that the 

average EL attained English proficiency in 5.6 years, nearly half of ELs were estimated to have remained 

in EL status for seven or more years (Taylor et al. forthcoming). To best meet the needs of these 

long-term ELs—and other challenging subpopulations of ELs—research on the effectiveness of EL 

instruction needs to catch up with the demands of the field. 
Standards and Assessments 55

IV. Standards and Assessments

In 2001, Title III of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left 

Behind Act (NCLB), changed the accountability landscape for English Learners (ELs). For the first time, 

federal law required states to develop English language proficiency (ELP) standards, to adopt valid and 

aligned ELP assessments,69 and to measure ELs’ progress toward and attainment of English proficiency. 

State ELP standards must define expectations for academic ELP in reading, writing, speaking, and 

listening in kindergarten through grade 12, and provide the basis for curriculum, instruction, and 

assessment to support ELs’ acquisition of academic English proficiency and attainment of the academic 

content standards. The degree to which states’ ELP standards meet these requirements has critical 

implications for understanding how and how well Title III programs serve ELs. Likewise, the ELP 

assessment requirement mandated that states adopt a test that would measure individual growth, as well 

as the growth of the EL subgroup, and that it explicitly address aspects of language proficiency thought 

to influence student attainment of academic content knowledge and skills (Winter 2011). The intent of 

these requirements is to ensure that ELs gain the academic language necessary for success across the 

content areas (Taylor et al. 2010). 

69. Title I, Section 1111(b)(7), of the ESEA also requires an annual assessment of English proficiency, which can 

be the same assessment used to satisfy the Title III requirement.

This chapter details the processes states have used to develop and implement ELP standards and 

assessments, to ensure the alignment or linkages between their ELP standards and content standards, 

and to ensure the alignment of their state ELP test with their state ELP standards. This information is 

based solely on states’ self-reports and reflects no analysis of the quality of these studies or processes. 

This chapter also examines local-level awareness, and the use and implementation of state ELP standards 

and assessments for ELs in a sample of Title III districts. 

 

Key Findings

—In 2009–10, Title III officials in 45 states and the District of Columbia reported 

that their state’s ELP standards had been linked to or aligned with state content 

standards in at least one or more core subject. State officials most frequently 

reported linkages with the English or language arts content standards (41 states and the 

District of Columbia) and least frequently reported linkages with the history standards 

(3 states). 

—As of 2009–10, 48 states and the District of Columbia had completed a process to 

align the state ELP test with the state ELP standards; the remaining two states 

indicated plans to do so. States typically relied on committees of educators, external 

consultants, and consortium involvement to carry out the alignment process.

—As of the 2009–10 school year, state officials from about one-third of the states (17) 

anticipated making changes to their ELP standards in the near future. The 

reported reasons for the changes varied across states, but at least seven of the 17 state 

officials reported that the adoption of the Common Core Standards was the primary 

reason for the anticipated changes to their ELP standards. 

continued next page 
Standards and Assessments 56

Key Findings (continued)

—In 2009–10, state Title III officials and officials in Title III districts reported using 

data from the state ELP assessment to make instructionally related decisions for 

EL students, their teachers, and schools. At the state level, officials reported using 

state ELP test data for accountability purposes (50 states and the District of Columbia), 

to provide targeted support to districts (28 states), to guide local improvement (23 states 

and the District of Columbia), and to measure student progress (23 states). At the district 

level, officials reported using state ELP test data to group students for instruction 

(85 percent), to detect gaps in the curriculum (68 percent), and to plan professional 

development (73 percent). 

—Officials and educators in Title III case study districts raised two major concerns 

associated with testing of ELs: (1) too much time allocated to ELP and 

content-based testing (mentioned in nine out of 12 districts), and (2) the lack of 

validity and the appropriateness of testing of ELs in English on state 

content-based exams (mentioned in seven out of 12 districts). Respondents 

expressed concern both about the burden on staff and teachers because of lengthy 

administration processes, and the amount of testing and the time taken away from 

classroom instruction. Respondents also questioned the validity and overall usefulness of 

testing ELs on content tests administered in English, particularly when ELs were 

receiving instruction in a different language. 

Title III’s mandates for aligned ELP standards and assessments forced many states to modify their 

practices; prior to Title III, only 14 states had developed ELP standards, and in each case, the use of the 

standards had been voluntary, intended primarily to serve as guidance or curriculum aids (Taylor et al. 

2010). In addition, although many states had used some form of an English proficiency assessment prior 

to Title III, these tests had generally been off-the-shelf tests designed for student placement purposes, 

not for measuring progress toward attaining ELP (Taylor et al.; GAO 2006; Abedi 2007a). It was only by 

2006–07 that all states had implemented both ELP standards and assessments (Taylor et al.). 

Many states decided to band together to form consortia for the development of ELP standards or 

assessments, an option allowing them to pool resources and share expertise. Many of these consortia 

received financial support for their endeavors through Enhanced Assessment Grants awarded by the 

U.S. Department of Education under sections 6111 and 6112 of ESEA, which gave priority to projects 

aimed at improving assessments for ELs and students with disabilities. 

As of 2009–10, a total of 28 states and the District of Columbia were participating in one of 

two consortia of states that developed and shared the same ELP assessment: the World-Class 

Instructional Design and Assessment (WIDA) Consortium (21 states and the District of Columbia) and 

the English Language Development Assessment State Collaborative on Assessment and Student 

Standards (ELDA-SCASS) Consortium (seven states)). Members of the WIDA Consortium also shared 

the same ELP standards. Another six states participated in the English Language Proficiency 

Collaboration and Research Consortium (ELPCRC), which was established to facilitate collaboration 

among states using the commercially developed LAS Links assessment as their state ELP test (See 

Exhibit 15). 
Standards and Assessments 57

Exhibit 15

Multistate Consortia and Their Member States

Consortium Member States Areas of Focus

World-Class Instructional 

Design and Assessment 

(WIDA) Consortium

21 states and the District of Columbia:

Alabama, Delaware, Georgia, Hawaii, 

Illinois, Kentucky, Maine, Mississippi, New 

Hampshire, New Jersey, New Mexico, 

North Carolina, North Dakota, Oklahoma, 

Pennsylvania, Rhode Island, South 

Dakota, Vermont, Virginia, Wisconsin, and 

Wyoming

—Development and 

implementation of a common set 

of ELP standards and 

assessments

— Professional development 

— Research on EL instruction and 

assessment issues

English Language Development 

Assessment State Collaborative 

on Assessment and Student 

Standards (ELDA-SCASS) 

Consortium

7 states: Arkansas, Iowa, Louisiana, 

Nebraska, South Carolina, Tennessee, and 

West Virginia

—Development and 

implementation of a common 

ELP assessment (ELDA)

English Language Proficiency 

Collaboration and Research 

Consortium (ELPCRC)

6 states: Colorado, Connecticut, Indiana, 

Maryland, Missouri, and Nevada

—Implementation issues related to 

a common ELP assessment 

(LAS Links)

— Facilitating quality EL 

instructional programs

— Research to improve EL testing 

and instruction

English language learner State 

Collaborative on Assessment 

and Student Standards (ELL 

SCASS) Consortium

18 States: Colorado, Connecticut, Iowa, 

Kansas, Kentucky, Maine, Maryland, 

Michigan, Nebraska, Nevada, North 

Carolina, Ohio, Pennsylvania, South 

Carolina, Tennessee, Texas, Washington, 

and Wyoming

—Issues related to assessment of 

ELs’ English language 

proficiency and inclusion of ELs 

in academic content 

assessments

Iowa Consortium SEC-ELL 9 states: Florida, Idaho, Iowa, Maine, 

Minnesota, Ohio, Utah, Virginia, and 

Wisconsin 

—Alignment issues related to EL 

instruction, assessments, and 

standards

Evaluating the Validity of 

English Language Proficiency 

Assessments (EVEA) 

Consortium

5 states: Washington, Montana, Indiana, 

Idaho, and Oregon

—Examining the validity of ELP 

assessments

States Not Associated With Any 

Consortia

5 states: Alaska, Arizona, California, 

Massachusetts, and New York 

N/A

Source: Multi-state Consortia websites 

Three additional consortia of states have formed to address issues related to standards and assessments 

for ELs. Whereas the above-listed three consortia have focused on developing or implementing a 

common ELP assessment, the goals of these three multistate consortia have centered around various 

aspects of ELP assessment and Title III implementation, such as evaluating the alignment among 

standards, assessments or teacher instruction to support ELs. As of 2009–10, a total of 27 states were 

participating in one or more of these three consortia: the English Language Learner State Collaborative 

on Assessment and Student Standards (ELL SCASS) Consortium (18 states), Iowa Consortium SECELL (nine states), and Evaluating the Validity of English Language Proficiency Assessments (EVEA) 

Consortium (five states). These three consortia also include numerous WIDA, ELDA-SCASS, and 

ELPCRC states. Exhibit 15 outlines the membership of each multistate consortium, and a description of 
Standards and Assessments 58

each of the different consortia is provided in Appendix D. Five states were not affiliated with consortia 

related to ELP standards and assessments, according to the most recent information available.70

70. These five states are Alaska, Arizona, California, Massachusetts, and New York. 

English Language Proficiency Standards

According to federal law, states’ ELP standards must be designed to guide the development of English 

proficiency for students with a primary language other than English. States must define competence in 

speaking, listening, reading, and writing in English in kindergarten through grade 12, and must also 

address comprehension, as exhibited through reading and listening (U.S. Department of Education 

2003). The standards must also set clear English proficiency levels that reflect the differences in each 

student’s grade level and English language skills, and each proficiency level must include a corresponding 

assessment cut score (Taylor et al. 2010). 

The ESEA, as amended by NCLB, further requires that a state’s ELP standards be aligned with the 

achievement of its standards in the content areas. As discussed above, this latter requirement is meant to 

ensure that states’ ELP standards do not merely encourage the development of general or social language 

skills but include a specific focus on the type and level of language that ELs need to participate in 

academic settings in which instruction occurs in English. 

Alignment of ELP Standards With State Content Standards 

Federal Title III policy guidance encourages states to “align” their ELP standards to the achievement of 

content standards but notes that, at a minimum, states’ ELP standards must be “linked” to the state 

content standards (U.S. Department of Education 2003). While definitions of what constitutes 

“alignment” and “linkages” vary,71 generally speaking, “alignment” tends to imply a more direct 

correspondence between standards while “linkages” indicate more proximal relationships (Assessment 

and Accountability Comprehensive Center 2009). 

71. See Cook (2007) for one approach to defining what it means to link or align state ELP and content standards.

In 2009–10, Title III officials in 45 states and the District of Columbia reported that 

their state’s ELP standards had been linked to or aligned with state content 

standards in at least one or more core subject. 

State Title III officials from 45 states and the District of Columbia reported that they had either ensured 

the alignment of the state ELP standards and state content standards or developed linkages between 

them, but to varying degrees. Of the five states that had not yet completed an alignment process 

(Alabama, Delaware, Maine, Tennessee, and Wyoming), two had plans to do so. The remaining 

three states indicated no immediate plans to ensure greater alignment or create specific linkages between 

the ELP standards and content standards. 

State Title III officials from the majority of states—41 states and the District of Columbia—reported 

alignment or linkage with the ELA content standards; 29 states and the District of Columbia reported 

alignment or linkage with mathematics content standards; 24 states and the District of Columbia 

reported alignment or linkages with science standards; 14 states and the District of Columbia reported 

linkage or alignment with social studies; and three states reported alignment or linkage with history (see 

 
Standards and Assessments 59

Exhibit 16).72 State Title III officials from 33 states and the District of Columbia reported linkages with 

two or more of these core content area standards. It should be noted that data were not collected on the 

quality of these reported linkages. 

72. State officials from two states, New Hampshire and Oklahoma, reported that the state ELP standards were 

aligned with state content standards but did not report with which specific content standards the ELP standards were 

aligned. 

Exhibit 16 

Reported Linkages Between States’ ELP Standards and Core Content Standards

Exhibit reads: State Title III officials from the majority of states (41 and the District of Columbia) reported 

that the state ELP standards were linked with the state ELA standards.

Note: In two states (Montana and Nevada), the ELA standards were reportedly aligned with ELP standards; however, 

the mathematics, science and social studies standards were only “loosely aligned” to the ELP standards as 

reported by state Title III officials.

Source: National Evaluation of Title III Implementation Interviews with State Title III Officials (n = 51).

Development of English Language Proficiency Standards 

States typically relied on committees of educators, external consultants, and 

multistate consortia to carry out the standards alignment process.

In most cases, the alignment process was carried out by committees of educators and experts, both 

internal and external to the State Education Agency or an external contractor. In other cases, states relied 

heavily on the multistate consortium they joined to ensure that the ELP and ELA standards aligned. 

Thirty states reported that educators (e.g., district staff, teachers who specialize in EL instruction, 

content teachers, and EL specialists) from around the state were involved in the process. Thirteen states 

and the District of Columbia reported consortium involvement, 10 reported the involvement of an 

external contractor, and eight reported the involvement of university or other external consultants. A 

total of 22 states also reported that State Education Agency staff played a role on the alignment 

committees or had input into the process. 

The involvement of these different individuals and organizations was not mutually exclusive; several 

states involved a combination of these committees, external contractors, and individuals during the 

alignment process. Only three states, Florida, Minnesota, and South Carolina, reported that State 

Education Agency staff were primarily responsible for ensuring alignment or making linkages between 

 
Standards and Assessments 60

ELP and core-content standards. Only one state, New York, reported the involvement of all the players 

listed above.73

73. These numbers do not include the five states that had not completed an alignment or linkage process at the time 

of the interview.

As of 2009–10 school year, state officials from about one-third of the states (17) 

anticipated making changes to their ELP standards in the near future. 

Although the majority of state officials (33 and the District of Columbia) did not anticipate changing 

their current (2009–10) ELP standards in the near future, close to one-third (17 states74) anticipated 

potential or definite changes to their ELP standards. The reasons for the changes varied across states, 

but largely fell into three categories: (1) The state planned to revise or adopt entirely new ELP standards 

to enhance their quality (five states); (2) the state anticipated altering the ELP standards as part of a 

process for creating alignment between the ELP standards and state ELP test (two states); or (3) the 

state was planning to adopt or revise its content standards and might thus need to revise its ELP 

standards to align or create linkages between them (10 states). 

74. Two of these 17 indicated that changing their standards was a possibility but were not definite at the time of the 

interview.

Among the 10 states75 reporting that changes in the state content standards were driving anticipated 

revisions to the state ELP standards, officials from seven of those states76 indicated that they were 

adopting the new Common Core State Standards (CCSS). It should be noted that these numbers and 

lists of states reflect states’ plans at the time of our interview (fall 2009–winter 2010). Since this time, 

additional states have decided to adopt CCSS and may currently have plans to change their ELP 

standards as a result.77 State officials from three of the 10 states78 indicated that their states were making 

significant changes to at least one of their state-developed content-area standards. New York, for 

example, was in the process of revising and integrating the ELP and ELA standards into one set of 

standards so that the ELP proficiency levels would be included in the ELA standards. One state 

Title III official also stated, however, that this new set of standards might again be revised slightly once 

the Common Core standards were rolled out. Similarly, a state Title III official from another state 

explained, “When we get the Common Core [State] Standards adopted by the state and [the state] redoes 

[its state content standards], then we will have to move ahead and look at relinking our English language 

proficiency standards to the new Common Core [State] Standards.” 

75. Arizona, Florida, Illinois, Indiana, Kentucky, Louisiana, Montana, Nebraska, New York, and Tennessee.

76. Arizona, Florida, Illinois, Indiana, Kentucky, Louisiana, and New York. 

77. As of December 2010, a total of 40 states and the District of Columbia had officially adopted the CCSS.

78. Montana, Nebraska, and New York. 

There does not appear to a relationship between the proportion of ELs in a state and a state’s 

anticipation or reason for making changes to the existing ELP standards. Included in the 17 states that 

anticipated making changes to their ELP standards in the near future are states with an EL population 

comprising more than 10 percent of their kindergarten through grade 12 enrollment, as well as those 

with an EL student population comprising less than 5 percent. 

 
Standards and Assessments 61

Use of English Language Proficiency Standards 

In 2009–10, state Title III officials reported using their ELP standards to inform 

professional development or support (23 states and the District of Columbia), select 

or develop the state ELP assessment (six states), approve instructional programs or 

materials (five states) or monitor classroom instruction (five states). 

State Title III officials reported using the ELP standards for one or more of the following purposes: to 

guide the professional development or technical assistance provided to Title III districts (23 states and 

the District of Columbia), to guide the selection or development of the ELP assessment (six states), to 

select or approve instructional programs or curriculum (five states) or to monitor the alignment of 

classroom instruction to the standards (five states). Reports for each of these purposes included states 

with both higher and lower proportions of kindergarten through grade 12 EL students (more than 10 

percent and less than 5 percent, respectively) and states that had experienced growth in their EL 

populations, ranging from less than 25 percent to more than 100 percent growth (2003–08). Varying uses 

of the standards may, however, reflect varying State Education Agency roles and authority across the 

states. 

At the local level, our data on use of standards are limited to the 12 case study districts, respondents 

from which reported using ELP standards to guide district policies and practices in program and 

curriculum development, textbook selection, and training, and to guide teachers’ classroom instruction. 

For example, administrators in five case study districts mentioned using the ELP standards to help make 

decisions regarding the selection of district-mandated curricula, and two districts had developed and 

mandated their own secondary school curricula grounded in the ELP standards. One district 

Title III official noted that, because of the district-developed curricula specifically designed to address 

the ELP standards, teachers were more cognizant of the standards and better able to adjust their 

instruction around the standards to meet the needs of their students. Title III officials from seven of the 

12 case study districts also reported that the state ELP standards served as the foundation for planning 

professional development activities for teachers who specialize in EL instruction and, in districts with 

higher percentages of ELs, trainings for mainstream teachers, as well. 

Data gathered during case study visits provided examples of how districts used the standards to guide 

classroom instruction. Schools in three case study districts used a team-teaching approach for supporting 

ELs, in which a content teacher and a teacher who specialized in EL instruction worked side by side. 

According to district respondents, this instructional model ensured that the ELP standards were 

addressed in daily lesson plans, and familiarized mainstream teachers with the ELP standards, while at 

the same time reinforcing an understanding of the standards among teachers who specialize in EL 

instruction. As one principal explained, “This is where the ELL teachers can have an impact on the other 

teachers’ instruction and how to tie in the standards.” As another example, according to district 

respondents in a large urban district with a historically high EL population [J], the mandated curricula, in 

which the ELP standards were embedded, ensured that students would receive instruction directly 

related to the standards. Therefore, as one district-level administrator explained, “[Teachers] can be sure 

they are following the ELP standards without having to think about [them].” 

Respondents from three of the 12 case study districts (two districts with historically high proportions of 

EL students [H, J] and one district with a rapidly growing EL population [D]) also described using the 

ELP standards to measure student learning. One district in particular [H] used two different ELP 

standards-based tools to gauge ELs’ level and progress. Teachers in this district and another district 

[J] located in the same state indicated that they used a matrix that correlated state ELP standards with 
Standards and Assessments 62

their state’s ELA content standards. They reportedly found the matrix helpful in making sense of the 

ELP standards and implementing them in the classroom in a way that would support ELs’ English 

language proficiency and move them toward meeting the ELA standards. In addition, teachers in the 

district with a rapidly growing population [D] reported using WIDA’s “Can-Do Descriptors” to gauge 

ELs’ skill level in the content areas and to get a sense of “what the teachers can expect from the 

students.” According to respondents, measuring ELs against these descriptors helped teachers plan 

lessons, differentiate instruction, and target strategies to better meet the needs of their students. 

State and District Support for English Language Proficiency Standards 

Implementation 

When interviewed and surveyed in 2009–10, Title III officials from all 50 states and 

the District of Columbia, as well as the majority of surveyed districts (75 percent) 

reported providing training or guidance on the standards.

State-level support

State Title III officials from all 50 states and the District of Columbia reported providing guidance to 

districts on the state ELP standards. States typically used one or a combination of the following 

strategies for supporting districts’ implementation of ELP standards: 

—Guidance documents or resources posted on the state website 

—Annual, formal training sessions 

—Ongoing training at various workshops throughout the year 

—As-needed or by-request technical assistance and trainings 

As described by state Title III officials, the standards support provided to districts addressed topics such 

as how teachers could implement the ELP standards in the classroom (mentioned by 20 state officials), 

how the ELP standards were linked to the content standards and to the ELP assessment (mentioned by 

nine state officials), and how ELP standards were interwoven with instructional programs (mentioned by 

two state officials). Officials from five states noted how they offered training on understanding ELs’ 

abilities at the different proficiency levels. Chapter 6 of this report provides insight into the way in which 

state capacity plays a role in the frequency and type of professional development and technical assistance 

that states are able to provide to districts. 

District and school-level support

In addition to state-level guidance, the majority of Title III districts also offered support on the use of 

the state ELP standards. District survey results show that 75 percent of Title III districts provided 

teachers with training on the state ELP standards, and in all 12 of the case study districts, 

Title III officials described professional learning opportunities at the district or school levels related to 

ELP standards. However, the amount and type of opportunities in which teachers in the case study 

districts participated varied substantially, from formal district- or school-wide trainings to informal, 

as-needed, job-embedded support. 

In 10 of the 12 case study districts, respondents indicated that the district offered formal training specific 

to the state ELP standards or incorporated them into other training sessions. Training focused 

specifically on the standards generally occurred in districts that had newly adopted standards. For 

example, in one state that just adopted the WIDA standards for the 2009–10 school year, formal 
Standards and Assessments 63

trainings delivered by WIDA representatives were being held for select teachers of ELs (both 

mainstream teachers and teachers who specialize in EL instruction) in the state’s school districts, 

including the two districts from this state in the case study sample [K, L]. 

Participation in school-based professional learning opportunities, from peer or professional learning 

communities to more informal, job-embedded coaching, also raised the awareness among local educators 

of state ELP standards and strategies for how best to serve ELs, according to respondents. Teachers of 

ELs across three of the case study districts [F, E, I] participated in school-based, grade-level professional 

learning communities that met regularly to discuss incorporating the ELP standards into instruction and 

using data to tailor instruction based on students’ needs. 

Respondents in the 12 case study districts reported that, in general, teachers who 

specialize in EL instruction and Title III staff were more aware or familiar with state 

ELP standards than general education teachers and school and district 

administrators; however, at least three districts had made concerted efforts to raise 

ELP standards awareness districtwide and schoolwide.

Despite the guidance and support that states and districts reported offering to instructional staff about 

state ELP standards, local educators in the case study sites indicated varying degrees of awareness and 

familiarity with their state’s ELP standards. Across all 12 case study districts, teachers who specialize in 

EL instruction generally reported more awareness and familiarity with the standards than general 

education teachers and school and district administrators. However, in some districts in which new ELP 

standards had been adopted for the 2009–10 school year, the level of familiarity across school sites, even 

among teachers who specialize in EL instruction, was not necessarily consistent. For example, two of the 

case study districts [K, L] were located in a state that had recently joined the WIDA Consortium, and not 

all teacher respondents from these districts reported that they had received training on the new standards 

yet. As one teacher explained, “Every school is a different world and it takes a while for everything from 

up above to make it down to our level.” School and district staff in these districts spoke about 

developing awareness of the standards as an ongoing process. 

In at least three case study districts, respondents reported increased efforts to raise awareness and use of 

ELP standards and strategies among all school staff, not just those specializing in EL instruction. In 

one district [F], where about 40 percent of students are ELs, district officials described a concerted effort 

during the past few years to embed the ELP standards into all the district-led professional development 

offered to mainstream teachers. Similarly, the deputy superintendent of a rural district with an EL 

population of near 25 percent and growing [I], explained that, after the district became identified for 

improvement under Title I, in 2004–05, the district resolved to focus instruction on four to five 

“essential standards”(taken from ELP and content standards) to increase student achievement. As a 

result of this initiative, district and school-based staff reported a high level of awareness of the ELP 

standards and respondents noted that principals monitored teachers’ use of these standards in their daily 

instruction. An urban district with a historically high EL student population (near 30 percent) [J] also had 

initiatives in place to help ensure that school leaders were aware of the ELP standards. Principals in this 

district reported participating in monthly sessions on the ELP standards and instruction provided by the 

district. 

By way of historical context, it is interesting to note that data collected in 2006–07 for the State and Local 

Implementation of the No Child Left Behind Act, Volume IX—Accountability Under NCLB Final Report

(Taylor et al. 2010) revealed that principals from one-third of schools nationwide reported needing 

technical assistance to meet the needs of EL students. About one-quarter of principals from these 
Standards and Assessments 64

schools reported that they did not receive such assistance from any source, and about one-quarter of the 

principals that did receive it reported that it was not sufficient to meet their needs. Overall, principal 

respondents from about one-half of the schools that needed technical assistance to improve services for 

EL students reported not having their needs met (Taylor et al. 2010). 

Instructional Alignment With ELP Standards 

Officials from 61 percent of the surveyed Title III districts engaged in at least 

one activity to increase the alignment of English language development instruction 

with state ELP standards. 

Awareness of the standards, of course, does not necessarily translate into instructional practices that are 

aligned with those standards. To achieve that alignment in EL instructional services, district officials 

from 61 percent of the surveyed sample reported that their districts engaged in at least one of the 

following activities: providing teacher training on ELP standards (42 percent), providing teacher training 

on instructional methods (42 percent), and making changes in texts or curriculum materials (39 percent). 

In Title III districts with more than 1,000 ELs, the percentages increase to about 55 percent, 55 percent, 

and 50 percent, respectively (see Exhibit 17). 

Exhibit 17 

District Activities to Increase the Alignment of English Language Development 

Instruction With State ELP Standards Since September 2008

Activity

1–150 

ELsa 151–300 

ELsa

301–

1,000 

ELsa

More Than

1,000 ELsa All 

Districts

Provided teacher training on ELP standards 32 42 44 55 42

Provided teacher training on instructional methods 32 41 42 55 42

Made changes in texts or curriculum materials 31 37 41 50 39

Made changes in assessment measures or methods 21 26 28 36 28

Mandated districtwide curricula 19 21 27 38 26

Adopted new instructional or pacing guides 15 23 24 37 24

Exhibit reads: In districts with 1–150 ELs, 32 percent of districts reported providing teacher training on 

ELP standards since September 2008 to increase alignment of English language development instruction 

with state ELP standards. 

Notes: 1–150 ELs n = 233–237; 151–300 ELs n = 205–207; 301–1,000 ELs n = 374–376; more than 1,000 ELs 

n = 576–585; all districts n = 1390–1405.

a See Appendix A for how these cutpoints were determined.

Source: Evaluation of State and Local Implementation of Title III, District Survey, 2009–10.

Districts that had missed annual measurable achievement objectives (AMAOs) for 

consecutive years or that had large EL populations engaged in a greater number of 

activities than districts that had not missed AMAOs for consecutive years and that 

had fewer ELs.

Title III accountability may have triggered some of these alignment activities. As the number of years for 

which districts missed AMAOs increased, so did the efforts to align EL instruction to ELP standards, 

based on the six indicators of alignment used by this study. For example, Title III officials from districts 
Standards and Assessments 65

that had not met AMAOs for four consecutive years reported an average of three actions aimed at better 

aligning English language development instruction with the standards, while those from districts that met 

AMAOs reported an average of two actions. Similarly, there was a positive correlation between the 

number of ELs in a district and the number of actions district Title III officials reported taking to align 

instruction with ELP standards, again based on the six indicators of alignment included in the district 

survey (see Exhibit 18). 

Exhibit 18 

Actions Taken to Increase Alignment of English Language Development Instruction With 

State ELP Standards Since September 2008, by AMAO Status and Number of ELs

Action

Average Number of Actions Taken

(To Increase Alignment Only)

All Districts 2.0

By Title III designation

Not designated as missing AMAOs 1.8

Missed AMAOs for 2 consecutive years 2.1

Missed AMAOs for 4 consecutive years 3.1

By Number of ELs

1–150 ELs 1.5

151–300 ELs 1.9

301–1,000 ELs 2.1

More than 1,000 ELs 2.7

Exhibit reads: The average number of actions (out of 6) taken by districts to increase alignment of English 

language development instruction with state ELP standards is 2.0. Districts that reported not being 

designated as missing AMAOs, on average, implemented 1.8 actions to improve ELP alignment, while those 

that had missed for four consecutive years on average implemented 3.1 activities.

Notes: All districts n = 1,407; by Title III designation n = 1,318; by number of ELs n = 1,407.

Source: Evaluation of State and Local Implementation of Title III, District Survey, 2009–10.

English Proficiency Assessments

As discussed earlier, only a few states had ELP tests prior to Title III, and those tests did not necessarily 

satisfy the requirements of the law. Title III required that state ELP tests assess ELs in the four domains 

of reading, writing, speaking, and listening. In addition, the law required that comprehension be reported 

as a composite of student scores in listening and reading, although it did not have to be tested as a 

separate domain. Furthermore, with Title III came a greater emphasis on and understanding of the fact 

that ELs must acquire academic language proficiency, not just conversational language proficiency. Indeed, 

Francis and Rivera (2007) assert, “Mastery of academic language is one of the most significant 

ingredients of academic success. ...Proficient use of—and control over—academic language in English 

is the key to content area learning in our schools” (p. 16). 

Also as discussed earlier in this chapter, several states joined consortia to support the development of 

ELP tests that satisfied these testing requirements. In addition, many commercial test developers and 

publishers used the requirements of the law to revamp or develop new assessments that were consistent 

with the Title III accountability mandate (Abedi 2007a). As of 2009–10, state collaboration and consortia 

involvement had resulted in 21 states and the District of Columbia’s sharing the same WIDA ELP 

standards and Assessing Comprehension and Communication in English State-to-State for English 
Standards and Assessments 66

Language Learners (ACCESS for ELLs) ELP test, as well as another seven states’ sharing the same 

English Language Development Assessment (ELDA) ELP test. An additional five states used some 

form of the LAS Links ELP test, and two states used an assessment developed through other 

consortia.79 Fifteen state officials reported using their own state-developed ELP test. Appendix Exhibit 

D.6 lists the ELP test(s) each state was using as of the 2009–10 school year, and the year that test was 

first implemented in the state. 

79. Based on preliminary state reports and reviews of state policy documents conducted as part of the National 

Evaluation of Title III Implementation State Title III Director Interview Data Collection in 2009–10. 

Although this evaluation did not examine the quality of each state’s ELP test, a 2007 review of state ELP 

tests demonstrated that, at the time of the review, all states had adopted tests that assessed students on 

the four domains of reading, writing, speaking, and listening, per Title III requirements. However, this 

review also indicated that five states (Arizona, Kansas, New Mexico, New York, and Washington) were 

implementing ELP tests that did not report a comprehension score (the other 46 states were using some 

composite of the reading and listening scores to measure comprehension) (Porter and Vega 2007).80 The 

reviewers noted that additional work was needed to better ensure the validity and reliability of state ELP 

tests, stating, “[F]urther efforts must be made to use alignment methods in the test development process 

to ensure that tests are valid and reliable measures of state English language development standards and 

state-adopted content standards” (Porter and Vega, p. 176).

80. Jamal Abedi’s review was based on ELP tests being used by states as of August 2007. The data collected for the 

National Evaluation of Title III Implementation demonstrate that some states have since changed or adopted a new 

ELP test (see Appendix Exhibit D.3 for each state’s ELP test as of the 2009–10 school year).

State English Language Proficiency Test Alignment With State English 

Language Proficiency Standards 

As of 2009–10, state Title III officials from 48 states and the District of Columbia 

reported that their states had completed a process for ensuring alignment of the 

state ELP assessment with the ELP standards; Title III officials from the remaining 

two states indicated plans to do so.

Title III of the ESEA, as amended by NCLB, requires states to adopt an ELP test that measures the 

four domains of reading, speaking, listening, and writing, and that aligns with the state’s ELP standards. 

As of 2005–06, 26 states had conducted an independent study on the alignment of ELP standards with 

the state ELP assessment while 20 states had not (Taylor et al. 2010). Further, officials from 20 states 

(not all of the same 20 states) reported that they conducted other alignment studies (Taylor et al.) Since 

that time, there has been a notable increase in the number of states that have completed this process. As 

of 2009–10, state Title III officials from a total of 48 states and the District of Columbia reported that 

their states had conducted alignment studies or carried out a process for ensuring the alignment of their 

adopted ELP assessment with their ELP standards.81 Officials from the remaining two states, Florida 

and South Carolina, reported plans to do so.82

81. The information presented in this report on states’ efforts to ensure alignment between the state ELP standards 

and ELP assessment is based solely on states’ self-reports and reflects no analysis of the quality of these efforts.

82. The state official from Florida reported that activities related to ELP standards and assessment were “on hold” 

until the Common Core State Standards were finalized, at which time the state would undergo the alignment process. 

The state official from South Carolina reported that the state was in the process of assessing the alignment of the state 

ELP assessment with the state ELP standards.

Over half the state officials (29 states and the District of Columbia) reported the involvement of a 

multistate consortium in the alignment process, with an additional 10 state officials reporting that they 

 
Standards and Assessments 67

used an outside contractor, and another eight officials reporting that they largely relied on the test 

developer to ensure alignment. In addition, officials from six states emphasized the role of state 

education agency staff in the alignment process (as either leading the effort or working in conjunction 

with the above-mentioned entities), and officials from a different set of six states noted the participation 

of local practitioners or expert consultants. State officials from the 22 WIDA members (21 states and the 

District of Columbia) indicated that the WIDA standards and ACCESS for ELLs test was purposely 

designed to address the WIDA ELP standards. Thus, many states who joined WIDA and adopted the 

standards and ACCESS for ELLs test did not perceive the need to conduct an additional alignment 

study. With the exception of the states belonging to consortia, there does not appear to be a relationship 

between the nature or size of a state’s EL population and the process implemented for ensuring 

alignment. 

Participation of English Learners in the State English Language Proficiency 

Test

According to 2008–09 Consolidated State Performance Reports (CSPRs), almost all 

ELs, whether or not they were served by Title III, participated in state ELP tests (on 

average, 94 percent of those served and 93 percent of all ELs).

Section 3113(b)(3)(D) of the ESEA requires states to ensure that districts receiving a subgrant under 

Title III annually assess the English proficiency of all ELs in kindergarten through grade 12. According 

to CSPRs (U.S. Department of Education 2008–09), only one state, Mississippi, reported that it tested 

100 percent of its ELs on the state ELP test in 2008–09. In the remaining 49 states and the District of 

Columbia, there was little difference between the rates of participation for all ELs and ELs in 

Title III districts. The average difference was 1 percentage point: On average, 93 percent of all ELs were 

assessed in 2008–09, while 94 percent of ELs served by Title III were tested. Appendix 

Exhibit D.7 includes state-by-state data for EL participation rates in 2008–09.

Use of English Language Proficiency Assessment Data 

In 2009–10, state Title III officials described using annual state ELP test data for 

accountability purposes and for informing EL-related policy and practice. The most 

cited uses of these data were to make AMAO determinations, to guide professional 

development and technical assistance, and to gauge program effectiveness 

Data collected through state-level interviews were used to gain a better understanding of how state 

officials use annual state ELP test data. State Title III officials from all 50 states and the District of 

Columbia reported using the ELP test data for accountability purposes, such as making AMAO 

calculations and submitting federally required reports. State Title III officials from some states also 

described using these data to guide professional development and technical assistance (28 states), to 

drive school and district improvement (23 states and the District of Columbia), and to measure ELs’ 

progress (23 states). These findings suggest that close to half of the states have used test data to help 

administer policies and practices for ELs. There were no clear patterns in the various ways data were 

used across states with fewer or more ELs or across states that had experienced low or high growth rates 

of their EL population. 

One way state Title III officials reported using ELP test data to guide professional development and 

technical assistance was to identify patterns or trends in the data that pointed to a professional 

development or support need in schools and districts. For example, one Title III official reported that, as 
Standards and Assessments 68

a result of test data showing that districts were struggling to meet adequate yearly progress (AYP) in 

mathematics for the EL subgroup, the State Education Agency would be providing assistance to districts 

focused on how to use the ELP, mathematics and science standards to improve instruction and the 

formative assessment process. Similarly, another state Title III official indicated that the ELP test results 

prompted the state to ensure that mainstream teachers were also trained in strategies for instructing ELs. 

According to reports from state Title III officials representing 23 states and the District of Columbia, the 

state ELP test data, disaggregated at the district level, were also helpful in gauging how effective districts’ 

EL programs were in improving student outcomes. One state Title III official remarked, “So if you have 

a group of students in a smaller district who are not making any progress on the assessment then 

perhaps the district might want to look at some other programs, get some other teachers in there, some 

other types of ESOL programs. It’s just a red flag for the districts that they’re not doing things as well as 

they should.” Conversely, an official in another state described using state ELP test data to identify 

districts that were particularly successful in meeting the needs of their ELs in an effort to explore which 

practices and conditions may be effective in improving EL outcomes. 

State Title III officials from 23 states highlighted how they used data to try to gain a sense of how well 

their state educational systems were serving ELs overall. These state officials described how they 

analyzed EL subgroup data to assess ELs’ performance on state content-area tests and to compare their 

performance against other student subgroups. 

In 2009–10, officials in Title III districts reported using the state ELP test data to 

group students for instruction (85 percent), detect gaps in the curriculum (68 

percent), and plan professional development (73 percent). Districts with larger EL 

populations were more likely to use data for these purposes.

District survey results demonstrate that districts used ELP test data and additional data sources to group 

EL students for instruction, to detect gaps in the curriculum, and to plan professional development, but 

that districts with large EL populations (over 1,000) were more likely to use data for these purposes. For 

example, whereas officials in 85 percent of the total surveyed districts reported using the state ELP test 

data to group for instruction, officials from 92 percent of districts with large EL populations (i.e., those 

that serve more than 1,000 ELs) reported doing so. Likewise, officials from 73 percent of all surveyed 

districts reported using the state ELP test and 79 percent reported using state academic-content-area 

tests, to plan professional development; however, these percentages rose to 82 percent and 90 percent, 

respectively, of surveyed districts with large EL populations (see Exhibit 19). 
Standards and Assessments 69

Exhibit 19 

Districts’ Use of Testing Data

Type of Test Percentage of Districts Percentage of Districts WithMore Than 1,000 ELs

To Group 

for 

Instruction

To Detect 

Gaps in 

Curriculum

To Plan 

Professional 

Development

To Group 

for 

Instruction

To Detect 

Gaps in 

Curriculum

To Plan 

Professional 

Development

State ELP test 85 68 73 92 72 82

Progress tests (also called 

interim, benchmark, or diagnostic 

tests) 77 79 67 84 87 77

State academic-content-area 

tests 72 82 79 80 87 90

Other districtwide language 

proficiency assessments 54 51 46 61 53 52

Exhibit reads: While 85 percent of districts reported using state ELP tests to group ELs for instruction, 

92 percent of districts with more than 1,000 ELs reported using state ELP tests to group ELs for instruction.

Notes: percentage of districts n = 1,356–1,393; percentage of districts with more than 1,000 ELs n = 555–577.

Source: Evaluation of State and Local Implementation of Title III, District Survey, 2009–10.

The survey results also indicated that the vast majority of officials in Title III districts disaggregated 

student testing data by grade level (95 percent) and by level of ELP (90 percent). In contrast, officials 

from only 44 percent of surveyed districts reported disaggregating EL test data by native language, 

although a somewhat larger percentage (54 percent) of districts with more than 1,000 ELs did so (see 

Appendix Exhibit D.9). One District’s Approach to 

Monitoring ELs’ Progress

One of the case study districts [H] appeared 

to have a sophisticated and comprehensive 

system in place to assess ELs’ progress in 

acquiring English proficiency beyond the 

state ELP assessment. This large urban 

district with a large EL population created 

an English language development 

assessment portfolio that was used to track 

each student’s progress over the course of 

his or her tenure as an EL. The portfolio 

included information on the student such as 

records of program placement, diagnostic 

assessment results, history of English 

language development classes taken, 

Language Assessment Team referrals, 

monitoring and intervention information, 

and reclassification information. Teacher 

ratings of a student’s performance on each 

of the state ELP standards were also added 

to the profile every semester. 

District Assessment Practices and 

Procedures

Respondents in the 12 case study districts 

reported relying more heavily on ongoing, 

formative assessments than on the state 

ELP test to monitor ELs’ progress over the 

course of the school year and to guide 

classroom instruction. However, districts 

varied in the sophistication of their data 

systems and data analysis procedures.

During case study visits, respondents from at least 

five of the 12 districts reported that the state ELP 

tests were insufficient for monitoring students’ 

progress over the course of the school year because 

of their timing and their purpose as a once-a-year 

measure of students’ achievement. Interview and 

focus group participants explained that, because the 

spring state ELP test results were typically not 

available until fall of the next year, it was difficult to 

use the data for beginning-of-the-year placement 
Standards and Assessments 70

decisions. By the time the data were released, the students were already placed into programs. In 

addition, the once-a-year state ELP test did not allow teachers to track students’ progress throughout the 

school year. As a result, district officials and educators reported that they relied more on the ongoing 

progress monitoring of students to improve instruction and to more accurately gauge how their students 

were progressing toward meeting the state ELP and content standards. 

At least two of the case study districts—those that offered bilingual, or dual-language, programs—also 

administered assessments in the second language of instruction (in addition to English) to evaluate 

students’ progress toward acquiring proficiency in this second, or native, language. For example, a large 

urban district serving an EL population of predominantly Spanish and Chinese native language speakers 

[A] administered Spanish and Chinese reading assessments for such purposes. Another district, which 

had a majority American Indian EL population [L], administered a native language oral language 

proficiency test in the spring and fall of each year to measure students’ progress in learning the heritage 

language of instruction. 

Despite the respondents’ reports of relying on these other assessment data to make instructional 

decisions, the case study districts varied in the sophistication of their data systems and their analysis of 

the data to make instructional decisions. Whereas a few districts stood out for the extent to which they 

synthesized various assessment results and implemented data-driven practices targeting ELs (see textbox 

“One District’s Approach to Monitoring ELs’ Progress” for an example), teachers in the majority of the 

case study districts reported more informal mechanisms for monitoring ELs’ proficiency throughout the 

school year; these included teacher observation, in-class quizzes and teacher-made assessments, or ESL 

curriculum-based assessments. Maintaining a writing portfolio, listening periodically to students’ oral 

reading, and having students retell what they read, were also mentioned as strategies for assessing ELs on 

an ongoing basis. As indicated by respondents in all of the case study districts, these more formative 

assessment practices were more useful at the district, school, and classroom levels than summative tests; 

they offered features that the state-mandated assessments could not, including the ability to yield instant 

results. 

Case study district respondents raised two major concerns associated with testing 

ELs: (1) the time allocated to testing and (2) the validity and appropriateness of 

testing ELs in English on state content-based exams.

Time allocated to testing

The time allocated to testing was a common concern raised across nine of the 12 visited districts. 

Respondents expressed concern about the burden placed on teachers and staff and the loss of 

instructional time due to the lengthy amount of time required to administer tests such as the state ELP 

assessment. Respondents also described the loss of instructional time because of the number of varied 

state, district, and school-level testing requirements for both ELP and content testing. As one principal 

remarked, “We are killing our teachers in the process. It’s good, but it’s a lot. There is so much they need 

to respond to. I wish we could stop competing with the rest of the world and look at our children.” 

Another elementary principal stated, “I always thought it was teach, teach, teach and then assess. Now 

it’s test, test, test, teach, test some more.” 

Some teachers also noted that the number of assessments for ELs yielded an overwhelming quantity of 

data, making it difficult to identify what skills and concepts needed the greatest amount of attention. For 

example, teachers in one urban district with a large (more than 40 percent) EL population [F] indicated 

some concern about the amount of testing in the district and the quantity of data they received. These 

teachers described challenges around interpreting and using the data. According to one teacher who 
Standards and Assessments 71

specialized in EL instruction, the sheer volume of data from the varying tests made it difficult for her to 

really determine the areas in which she should concentrate her instruction to best support her students. 

Similarly, an elementary teacher remarked, “Sometimes you spend a lot of time doing assessment and 

you don’t have as much time as you’d like to actually look at the assessment [results].” A teacher who 

specialized in EL instruction in another district in the same state [G] also questioned the validity of the 

assessments. She remarked that the content being taught and the assessments were disconnected and 

that students were being taught and assessed in isolation: “It is very little of what ESL kids need or what 

they need to be assessed on; one-minute reads [do] not get the kids’ vocabulary developed and [don’t] 

assess their comprehension and also [tend] to be out of context with what they are learning.” 

According to respondents, compounding issues with test administration and staff burden is the 

“Supplement not Supplant” provision of Title III that typically hinders districts from using 

Title III money for assessment-related purposes, such as hiring staff specifically to help with test 

administration. According to Section 3115(g) of Title III of the ESEA, in general, the cost of 

administering ELP assessments may not be paid with Title III funds, which include funds reserved by 

the state for state-level activities. This is because Title I already requires states to administer an annual 

ELP assessment to all ELs. Consistent with this statutory provision, state and district Title III funds may 

not be used to pay for the costs of substitute teachers for testing purposes, test materials, or the costs of 

scoring state ELP assessments, because these activities also fall under the requirements of Title I. As a 

result, respondents from the case study districts often reported that existing staff with full-time duties 

other than test administration (e.g., teachers, EL specialists, instructional coordinators, administrators) 

were tasked with managing and administering the assessments, leaving them little time to carry out their 

regular responsibilities. In a large suburban, high-EL-population district [J], central office staff took 

responsibility for administering the ELP test, which relieved school-level staff of this role. But as a result, 

students were tested by unfamiliar adults. As one district administrator commented, “The other side of 

that is that if students don’t know you, they don’t tend to try as hard or to do as well, or understand the 

importance of it. ... You test better when you’re in a comfortable setting.” 

A Title III official from another district with a medium-sized EL population [D] explained how the 

district shifted around funding from other sources in order to hire retired teachers who could assist in 

administering the state ELP test. She explained, “We have so many ESL students to test that if our ESL 

[students] were just tested with teachers, it would take them out of the classroom for six weeks out of 

the year. Because there is a limit to not using any of our Title III money for testing, we have to find 

other resources to hire retired teachers, so that we can be out of the classroom only one week.” 

Validity of testing ELs in English on content-based exams

Respondents from seven of the 12 case study districts raised the concern that ELs were being tested too 

early in the content areas, particularly if the content assessments were administered in English. 

According to respondents, having ELs take content-based assessments before they are proficient does a 

disservice not only to the students but to teachers. Furthermore, respondents from districts that promote 

a bilingual education model or transitional model, in which many of the classes students take are taught 

in their native language, expressed concern about ELs taking state content assessments in English, 

regardless of their primary language of instruction. As one principal [K] remarked, 

I have students that are taking pre-calculus in Spanish, but when they take the 11th grade 

[state content] test in English, they do not meet proficiency because it has a lot of 

writing in English or they get confused by a term so they miss the whole problem. So it’s 

not that they don’t know the subject matter it is the degree of their level of 

understanding of the English language. 
Standards and Assessments 72

Indeed, studies suggest, “ELLs who have received native language instruction in a content area perform 

better on a native language version of the test in that content area than on an English version, whereas 

ELLs who have received content-area instruction only in English perform worse on a native language 

version than they would have on an English test” (Kieffer et al. 2009, p. 1187). 

The respondents’ concerns are also consistent with the Recommendations for the Reauthorization of the 

Elementary and Secondary Education Act, the Working Group on ELL Policy released in May 

2010 (http://ellpolicy.org/wp-content/uploads/ESEAFinal.pdf). One of the working group’s 

recommendations for reauthorization is to “Require states to implement assessment and associated 

assessment practices that have been demonstrated to yield inferences in validity and reliability for ELLs 

and non-ELLs” (p. 6). 

Assessment Accommodations 

In 2009–10, district officials reported using a range of testing accommodations for 

ELs; the most commonly implemented included testing in small groups or separate 

rooms (87 percent), providing ELs with extended time (86 percent), and reading the 

directions or questions aloud in English (82 percent). However, several case study 

respondents expressed concern that the accommodations in place were insufficient.

Test accommodations are one strategy to address the challenges and concerns about testing ELs before 

they are proficient in the English language. Definitions of test accommodations vary, but they tend to 

focus on their function as supports to students to maintain the content validity of the test by allowing 

students to better demonstrate what they know (Abedi 2004; Kieffer et al. 2009). The results from many 

large-scale assessments indicate that ELs perform below their native-English-speaking peers in all grades 

and content areas (Kieffer et al.). However, excluding ELs entirely from participation in standards-based 

tests does not necessarily result in an improved system. Such exclusion “not only can result in substantial 

distortion of the percentage of students achieving proficiency but also ... can obscure important and 

systematic differences in student achievement between different demographic groups” (Kieffer et al., 

1169). Thus, making test accommodations for ELs is a potentially important mechanism for validly and 

reliably assessing them in the content areas. 

The most commonly used accommodation across the districts in our survey sample was testing students 

in small groups or separate rooms (87 percent), followed closely by providing students with extended 

time to complete the test (86 percent) and reading aloud the directions or questions in English 

(82 percent) (see Exhibit 20). 
Standards and Assessments 73

Exhibit 20

Type of Testing Accommodations Provided, by Number of ELs

Testing Accommodation Provided

1–150 

ELsa 151–300 

ELsa

301–

1,000 

ELsa

More Than

1,000 ELsa All 

Districts

Testing in small groups or separate rooms 90 88 85 82 87

Extended time 87 87 86 82 86

Directions or questions read aloud in English 82 82 83 82 82

Bilingual glossaries or dictionaries 65 64 66 77 68

Additional breaks offered between sessions 57 66 64 66 63

Directions translated or read in native language 44 53 49 63 52

English glossaries or dictionaries 48 51 45 53 49

Native language test 21 30 26 40 28

Dictation of answers or use of a scribe 23 27 27 27 26

Simplified English test or more visuals 17 23 24 24 22

Side-by-side bilingual version of the test 17 22 24 23 21

Test taker response in native language 14 16 22 22 18

Exhibit reads: Of Title III districts with 1–150 ELs, 90 percent provide testing in small groups or separate 

rooms to any ELs in the district taking state content-area tests in ELA or mathematics, or both, in 2008–09.

Note: All Districts n = 1386–1401.

a See Appendix A for how these cutpoints were determined.

Source: Evaluation of State and Local Implementation of Title III, District Survey, 2009–10

Case study findings

When discussing EL assessment practices, respondents from four of the case study districts mentioned 

accommodations provided to ELs when taking content- or standards-based assessments.83 The 

accommodations ranged from providing translation services, to having test questions read aloud in 

English, to administering benchmark assessments in both the students’ native language and English. 

However, many respondents were concerned that these accommodations were not sufficient. 

Respondents from one large, linguistically diverse case study district [F] expressed concern that the 

testing accommodations used in the district had become more limited than in years past. According to 

district teachers, the state previously allowed for extended time or for administering the test in the 

student’s native language, and the elimination of these accommodations has been problematic for ELs. 

As one elementary teacher commented, “You’re still not testing them on the math. You’re testing them 

on how well they understand English in order to do the math.” 

83. Case study interview protocols did not explicitly address the use of testing accommodations for ELs. Therefore, 

case study data on EL testing accommodations are limited to the four districts in which respondents mentioned testing 

accommodations in response to other questions about policies and practices for assessing ELs.

Respondents from a case study district in another state that has experienced considerable growth in its 

EL population (more than 75 percent from 2002–03 to 2008–09) [E] also reported concern with new 

state policies that did not allow for portfolio assessments as an alternative measure of performance on 

state content tests. Principals and teachers reported that end-of-grade and end-of-course content testing 

requirements were applied to ELs, and while these educators felt that ELs should be included in the 

 
Standards and Assessments 74

state’s assessment and accountability program, they commented that the current practice of requiring 

ELs with low English proficiency to take the tests was perhaps inappropriate. The principals and 

teachers reported that their state formerly allowed ELs to demonstrate their content-area proficiency 

through a portfolio assessment, which teachers described as a more accurate measure of ELs’ 

knowledge. The state abandoned the use of the portfolio assessment in 2008. 

It is interesting to note that, despite the expressed need for accommodations, the research indicates that 

there are few accommodations that appear to positively affect ELs’ performance on state tests (Abedi 

2004; Kieffer et al. 2009). Two accommodations with evidence supporting their positive affect include 

the use of modified English or customized dictionaries84 and the modification of test item language to 

reduce the use of low-frequency vocabulary and complex language structures that are incidental to the 

content knowledge being assessed (Abedi; Kieffer et al.). District officials in close to half (49 percent) of 

the surveyed districts reported the use of English dictionaries or glossaries, and officials in close to 

two-thirds (68 percent) of the districts reported using bilingual dictionaries or glossaries (although our 

data do not indicate whether these were customized). Only about 22 percent of surveyed district officials 

indicated that modifications were made to the test items by simplifying the language or providing more 

visuals. 

84. “Customized dictionaries” are defined as “dictionaries that only include words that appear in the test items.” 

Chapter Conclusions

The findings presented in this chapter suggest that states and districts have made notable strides toward 

complying with the Title III regulations around standards and assessment. All states reported having 

ELP standards and an ELP test in place, and several anticipated refining or changing their standards to 

strengthen their alignment with the state content standards and ELP test. The number of states choosing 

to join formal consortia to help ensure that their standards and assessments fully meet the mandates of 

Title III may serve as another sign of states’ growing commitment to serving this important population 

of students. 

Nevertheless, states and districts remain challenged in some aspects of implementation. Only one state 

satisfied the 100 percent participation rate on the state ELP test in 2008–09. Also, although states and 

districts reported providing training in the ELP standards, data collected in 2006–07, as well as data 

collected through case studies in 2009–10, indicated that local educators and general educational staff 

could use more support in meeting ELs’ needs in the classroom. Furthermore, although states and 

districts reported using data from ELP and content assessments to drive policy and practice, respondents 

raised concerns about the validity of the data collected on ELs and about whether the amount of time 

allocated to testing helped to improve instruction for ELs or detracted from it. 

 
Title III Accountability 75

V. Title III Accountability 

Title III, Section 3122(a), requires states to establish accountability systems to monitor state and district 

performance in supporting English Learners’ (ELs’) “development and attainment of English proficiency 

while meeting challenging State academic content and student academic achievement standards.” Under 

these accountability systems, states must define a set of three performance objectives, known as annual 

measurable achievement objectives (AMAOs)—each of which focuses on a particular EL outcome—and 

then hold Title III–funded districts accountable for meeting these performance objectives every year. 

Title III districts that do not meet their AMAOs for either two or four consecutive years are subject to 

state actions and support outlined in the law. 

This chapter explores the ways in which states and districts have implemented Title III accountability 

provisions, including the ways states have set their AMAO performance objectives, how states and 

districts are faring with respect to meeting those AMAOs, and the ways states and districts use AMAOs 

to promote improvement in educational services for ELs. 

Key Findings

—As of the 2009–10 school year, nearly all states (48 and the District of Columbia) 

have revised their AMAOs since putting them in place, and most states (26) have 

instituted new AMAOs within the last two years. States have revised AMAOs as they 

have implemented new English language proficiency (ELP) assessments, acquired 

additional years of data, and received more detailed policy guidance. Such changes in states’ 

AMAO targets and definitions complicate analyses of AMAO performance over time. 

—States defined and measured their AMAOs using a variety of approaches, but in 

2009–10, most states’ AMAOs took the form of a target percentage of ELs who 

should achieve a specified performance on the state ELP assessment. The variation 

in the ways in which states have set their AMAOs hinders comparisons of performance 

across states, because meeting AMAOs in one state differs from meeting AMAOs in 

another state. 

—Only 10 states met their state-level AMAOs for the 2008–09 school year, but at the 

district-level, 55 percent of Title III districts nationwide reported meeting their 

AMAOs that year. When surveyed during late 2009 through early 2010, approximately 11 

percent of Title III districts reported that they did not know whether they had met their 

AMAOs in 2008–09. Considering the three AMAOs individually, districts were least likely 

to report meeting AMAO 3—that is, making adequate yearly progress (AYP) for the EL 

subgroup under their state’s Title I accountability system (64 percent). 

—About one-third of Title III districts, which collectively served about half of the 

nation’s EL population, reported missing their AMAOs for two (22 percent) or four 

(11 percent) consecutive years, thus being subjected to accountability actions under 

Title III. Title III districts that reported missing AMAOs for two or four consecutive years 

were more likely than other districts to report serving high-EL and high-poverty 

populations. Moreover, most (71 percent) of the Title III districts that reported missing 

AMAOs for two or four consecutive years indicated that they were also identified for 

improvement or corrective action under Title I accountability systems. 

continued next page 
Title III Accountability 76

Key Findings (continued)

—As of the 2009–10 school year, all states with Title III districts that had missed 

AMAOs for two consecutive years (46 and the District of Columbia) reported 

requiring those districts to develop an improvement plan. Of the 24 states and the 

District of Columbia with Title III districts that had missed AMAOs for four 

consecutive years, 18 states and the District of Columbia reported that they required 

or were considering requiring those districts to make instructional changes.

Title III districts that reported missing their AMAOs for two or four consecutive years 

were more likely than other districts to report developing an improvement plan focused on 

ELs and receiving technical assistance on improvement planning. Title III districts that 

reported missing their AMAOs for four consecutive years were more likely than other 

districts to report making such instructional changes as increasing progress testing of ELs, 

adopting a new English language development (ELD) curriculum, and adding an 

instructional specialist to assist teachers of ELs. 

The Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act of 2001,

introduced multiple provisions designed to focus attention on the performance of ELs and to hold 

jurisdictions accountable for improving EL achievement. The law’s Title I, Part A, provisions require 

that states, districts and schools make adequate yearly progress (AYP)—by achieving annual 

performance targets for the percentage of students meeting state grade-level proficiency standards in 

reading and mathematics85—for all students and also for particular subgroups of students, including 

one subgroup comprising ELs. Title I schools and districts incur specific consequences according to the 

number of consecutive years they do not make AYP based on the performance of all students and the 

performance of each student subgroup, and states must provide support to help them improve. 

85. AYP determinations also include annual performance targets regarding students’ participation in state reading 

and mathematics content assessments, as well as other academic indicators, such as attendance and graduation rates. 

The ESEA’s Title III provisions call for states to institute a similarly structured accountability system 

that directs consequences and support to Title III–funded districts if they repeatedly fail to achieve 

three annual Title III performance objectives (See Exhibit 21 for an overview of Title III and Title I 

accountability requirements). These performance objectives, or AMAOs, are designed to track outcomes 

related to ELs’ acquisition of the English language (AMAOs 1 and 2) and—using the same AYP 

performance measures required under Title I—EL’s academic achievement in reading and mathematics 

(AMAO 3). Specifically, the three AMAOs outlined in Title III, Section 3122(a) are 

—AMAO 1—annual increases in the number or percentage of children making progress in learning 

English 

—AMAO 2—annual increases in the number or percentage of children attaining English proficiency

—AMAO 3—making adequate yearly progress (AYP) for limited English proficient children as 

described in Title I, Section 1111(b)(2)(B), of ESEA

AMAOs must be calculated at the state and district levels, and states and districts that receive 

Title III funds must satisfy all three objectives to meet their AMAOs in a given year. States must 

determine AMAO performance results annually and report this information to Title III districts, as well 

 
Title III Accountability 77

as to the U.S. Department of Education. Title III districts that do not meet their AMAOs must, in turn, 

notify ELs’ parents of their AMAO performance. Title III districts that miss their AMAOs for two or 

four consecutive years face additional consequences, such as developing an improvement plan; those that 

do not meet AMAOs for four consecutive years must undergo programmatic, staffing or funding 

changes. 

Exhibit 21

Overview of ESEA Title III and Title I Accountability Requirements

Accountability Requirement Title III Title I

Annual 

performance 

objectives

Annual Measurable Achievement Objectives 

(AMAOs) 

Adequate Yearly Progress (AYP)

Annual 

performance 

objectives

indicators

—Making progress in learning English

— Attaining English proficiency

— Making AYP for the EL subgroup

—Proficiency in reading and mathematics

— Participation in reading and mathematics 

tests

— Other academic indicators (e.g., 

attendance, graduation rate)

Units of 

accountability

States and districts/consortia States, districts and schools

Criteria for 

incurring 

consequences

Title III districts or consortia of districts that 

do not meet AMAOs for two or four 

consecutive years

Title I districts or schools that do not make 

AYP for two consecutive years (identified for 

improvement—Year 1), three consecutive 

years (identified for improvement—Year 2), 

four consecutive years (corrective action), 

five consecutive years (restructuring—

planning) or six consecutive years 

(restructuring—implementation)

Parent notification 

requirements

Districts must notify parents of ELs who are 

being served by Title III or are eligible for 

Title III services each year these districts do 

not meet AMAOs.

States must notify parents of all students if a 

district becomes identified for improvement 

or corrective action, and districts must notify 

parents of all students if a school becomes 

identified for improvement, corrective action, 

or restructuring.

Source: The Elementary and Secondary Education Act, as amended by the No Child Left Behind Act.

Establishing Annual Measurable Achievement Objectives 

In the early years of Title III implementation, states had limited data, guidance and infrastructure to 

direct their AMAO development. While Title III, Section 3122(a), outlines the set of AMAOs that serve 

as the basis for Title III accountability, states are responsible for putting these three performance 

objectives into practice by defining how each AMAO will be measured and by setting targets to ensure 

that increasing numbers or percentages of ELs meet each objective. Establishing measurable 

performance objectives tied to English proficiency marked a new enterprise for states, which at the 

outset, lacked the requisite infrastructure to put such objectives into place. Prior to Title III, most states 

were using English language proficiency (ELP) assessments that were designed not to measure growth in 

language acquisition but to identify and place ELs into specialized programs (see Chapter 4 of this report 

for further discussion of state ELP assessments). It took several years—until the 2006–07 school year—

for all states to develop and implement ELP standards and assessments that were in line with ESEA

requirements. Subsequently, it took at least two years of implementation before states had baseline and 

trend data to guide their AMAO setting (Taylor et al. 2010; Abedi 2007). 
Title III Accountability 78

As states worked to put their assessment infrastructures in place, they initially set their AMAOs 

according to the provisions of the law, without detailed guidance from the Department, using a 

combination of existing data on proficiency levels of ELs, research and guess work about how long it 

takes ELs to become proficient in academic English (Zehr 2003). One state Title III official recalled, 

Those first two years, basically, we were just picking a number out of the sky, and we set 

our targets extremely high. I think we said 90 percent of students are going to make this 

gain on the [ELP assessment], but we really didn’t have any data to base it on, so nobody 

was meeting the standards. 

Indeed, even by 2006–07, officials in 19 states indicated that they were delaying imposing consequences 

on districts for not meeting their AMAOs due to concerns over the validity of their AMAOs (Taylor et 

al. 2010). 

By 2009–10, nearly all states (48 and the District of Columbia86) had revised their 

AMAOs at least once. As a result, states’ criteria for meeting AMAOs may not be 

comparable across years.

86. Although not a state, the District of Columbia has a state education agency that administers Title III subgrants 

to its applicant school districts, which include one large public school district, as well as several public charter school 

districts. Title III accountability provisions apply to the District of Columbia in the same way that they apply to states:

the District of Columbia’s state education agency must establish AMAOs and hold itself and its Title III–funded districts 

accountable for meeting them each year.

In the years following states’ initial implementation of AMAOs, these Title III performance objectives 

increasingly underwent revision as states made advancements to their ELP assessment infrastructure, 

acquired additional years of ELP assessment data, and gained access to new guidance and research. As of 

2009–10, officials in nearly all states (48 and the District of Columbia) reported that they had revised 

their AMAOs at least once since initially putting them in place, and officials in 17 of those states 

indicated that they had revised their AMAOs multiple times. The nature of these revisions varied, 

ranging from small adjustments in AMAO targets to a complete overhaul in the way the state defined 

and calculated its AMAOs. An important implication of such widespread revisions is that states’ criteria 

for meeting AMAOs may differ from one year to the next; thus, it would be inappropriate to compare 

AMAO performance results across years. 

Most often, state officials reported that their AMAO revisions stemmed from changes in the state ELP 

assessment or the availability of additional years of ELP assessment data (20 states). For example, one 

state Title III official described the way her state adopted preliminary AMAOs to fulfill federal directives 

that AMAOs be put in place but did so with the expectation of revising those AMAOs as soon as 

sufficient ELP assessment data became available. “We had developed targets in [20]06 and developed 

them when the test was being rolled out because we were required to have targets,” the official 

explained. “We didn’t have two years of results; we just had basically educators coming together saying, 

‘That sounds good.’ So, we had said in our accountability plan for Title III that after two years of data, 

we were going to revise them. So, we did.” 

Title III administrators from another seven states indicated that they revised their AMAOs after 

determining that they were unattainable or methodologically problematic. “Our first set of AMAO 

targets were very unrealistic,” one state official explained. “They reached 100 percent by 2011, and our 

districts were working themselves into a frenzy. ... I think this year, it would’ve been over 60 percent on 

proficiency [AMAO 2], and that’s just almost impossible.” An official from another state described 

 
Title III Accountability 79

revising the state’s AMAOs after district officials expressed confusion as to why the AMAOs included 

ELs who demonstrated English proficiency in the sample for calculating AMAO 2 (attaining proficiency) 

but excluded them from the sample for calculating AMAO 1 (making progress) when these ELs would 

need to have made progress in learning English in order to have attained proficiency. Accordingly, the 

state revised its AMAOs to give districts credit for these students under both AMAOs 1 and 2. 

New guidance and feedback from the U.S. Department of Education prompted further revisions to 

states’ AMAOs. In October 2008, the Department released its Notice of Final Interpretations (NOFI),87

which clarified its interpretation of several key Title III provisions, including those related to AMAOs. 

To allow states a transition period for aligning their AMAOs with the NOFI’s new guidelines, the 

Department gave states until the time for the AMAO determinations made on the basis of their 

2009–10 ELP assessments before requiring full compliance (U.S. Department of Education 2008). 

Officials from 14 states indicated that guidelines in the NOFI triggered their most recent AMAO 

revisions while officials from another three states described making revisions in response to direct 

feedback from the Department that was unrelated to the NOFI. 

87. See Appendix E for a summary of the Notice of Final Interpretations (NOFI), prepared by the National 

Clearinghouse for English Language Acquisition (NCELA). 

Title III directors from five states underscored challenges related to the absence of or shifts in federal 

guidance on AMAO development. During interviews, these officials emphasized that the NOFI’s 

publication, years after states were required to begin implementing their Title III accountability systems, 

fueled the need for additional AMAO revisions,88 and such revisions proved difficult to implement after 

the states had already established their existing accountability systems. One such official noted, “It’s a 

challenge because these are interpretations that come after we’ve started putting systems into place. So, 

now we’ve had to make adjustments to those systems, and when states make adjustments to systems, it 

takes a couple years to get [them] implemented.” 

88. For an example of one way that the NOFI prompted changes to states’ AMAOs, see the discussion of states’ use 

of time in program in the following section of this chapter.

Finally, in discussing challenges associated with limited policy guidance, an official from another state 

suggested that the newness of the Title III accountability requirements was reflected in the twists and 

turns that many states faced in developing their accountability systems. She explained, 

There’s a huge, clunky creative process that has gone on nationwide, and the folks at 

U.S. ED have been a part of it, but you know, they couldn’t be the leaders because to a 

certain degree, they didn’t know what the states were going to be able to come up with 

because the assessment wasn’t there, nobody had these data systems. So much of it had 

to be created. So, I think what was interesting, what was challenging was building the 

plane while you were actually taking off and flying it. 

Officials in most states reported that they had established new AMAOs within the 

last two years (26 states) or were in the process of revising their AMAOs for 

2009–10 (9 states).

When interviewed in late 2009 and early 2010, many state Title III directors indicated that, as a result of 

AMAO revisions, their state’s current set of AMAOs (i.e., the AMAOs their state planned to use for the 

2009–10 school year) had been established fairly recently. As Exhibit 22 shows, officials from 26 states 

reported that their state had adopted its current set of AMAOs within the past two years (16 states in 

2008–09 and 10 states in 2009–10). Another nine state Title III directors indicated that, at the time of 

 
Title III Accountability 80

their interview, their state’s AMAOs for the 2009–10 school year—the deadline for compliance with the 

Department of Education’s NOFI—were currently under revision. Officials from only two states 

reported that their state had maintained the same set of AMAOs since 2003–04, when states were first 

required to have AMAOs in place. 

Exhibit 22

Number of States Reporting the Year in Which They Adopted

Their Current Set of AMAOs, 2009–10

Exhibit reads: Officials from two states reported that their state adopted its current set of AMAOs (i.e., the 

AMAOs to be used in 2009–10) in 2003–04. 

Notes: n = 45 states and the District of Columbia 

* Officials from five of these 10 states indicated that the AMAOs they had established for 2009–10 were pending 

approval from the Department of Education.

Source: Evaluation of State and Local Implementation of Title III, State Title III Director Interviews, 2009–10

In 2009–10, officials from nearly all states (48 and the District of Columbia) reported 

using empirical data about student performance to develop their current set of 

AMAOs.

Although states’ specific analytical approaches varied, state officials typically described using a 

data-driven process for establishing their most recent set of AMAOs, drawing on available ELP and, in 

some cases, content assessment data to determine AMAO targets or definitions of “making progress” 

and “attaining English proficiency.” Only two states indicated that student data did not play a strong role 

in the development of their current AMAOs. “I think we’re just now getting our hands around the 

notion that there [are] data and that [they] might provide useful information for us,” an official from one 

of those states explained, citing the state’s lack of historical data as a significant impediment. An official 

from the other state described AMAO setting as being hampered by the limited availability of relevant 

guidance and expertise. 

Furthermore, among state officials who did report conducting a data-driven process for AMAO 

development, Title III directors from two states with small EL populations noted that their limited 

sample size posed challenges for performing empirical analyses to set their AMAOs. An official from 
Title III Accountability 81

one of these states mentioned that, at one point during its AMAO setting process, the state had only 

800 ELs with matching student records to conduct analyses of performance over time. The 

Title III director explained, “If you look at making meaningful, statistically valid and reliable targets 

based on 800 kids spread out over 55 districts, you have a variance in those scores anywhere ranging 

from a ten point spread year to year. So, it’s really problematic for us to stand up and legitimately say that 

we have meaningful targets in place.” An official from another state pointed out how the state had too 

few Title III districts to perform a common analysis for setting AMAO targets by ranking districts 

according to their performance and then basing AMAO targets on the performance of districts at the 

25th and 75th percentile. In some instances, states were able to augment their own data by drawing on 

EL performance and trend data from other states that shared a common ELP assessment. For example, 

when Wyoming joined the World Class Instructional Design Assessment (WIDA) Consortium in 

2009–10, the state was able to revise its AMAOs by leveraging four years of data from other states’ 

administration of the ACCESS for ELLs assessment. 

Other factors that state officials reported taking into consideration when developing their current set of 

AMAOs included the diversity of districts’ EL populations, the requirements put forth in the 

Department’s NOFI and the desire to create AMAOs that were clear and easy for district stakeholders to 

understand. 

Characteristics of States’ Annual Measurable Achievement Objectives

In 2009–10, most states’AMAOs 1 and 2 took the form of a target percentage of ELs 

who should score at a specified performance level on the state ELP assessment. 

However, the specific targets and performance standards varied across states.

While all states and the District of Columbia base AMAO 1 and 2 determinations on students’ ELP 

assessment results,89 states’ numeric targets and definitions of progress and proficiency for these AMAOs 

have varied across states since Title III was enacted. One source of this variation stems from differences 

in states’ ELP assessments; yet, even states that shared a common ELP test employed different 

approaches for making AMAO determinations (Boyle et al. 2010). 

89. In one state, New Jersey, criteria other than student ELP assessment results factored into AMAO 2 

determinations because the state defined “attaining proficiency under AMAO 2” as exiting EL status, and required EL 

exit decisions to be based on multiple factors beyond the student’s ELP assessment performance, such as a student’s 

class work, teacher recommendations, reading level, and performance on standardized assessments.

An analysis of states’ 2009–10 AMAOs90 revealed that states’ definitions of AMAO 1 most often took 

the form of target percentage(s) of ELs that needed to demonstrate growth on the state ELP assessment 

(41 states and the District of Columbia). However, the specific percentage target(s) as well as the amount 

and measure of growth (e.g., performance level, scale score, raw points, composite score, domain scores) 

required to meet AMAO 1 varied considerably across states. Moreover, other states devised alternative 

approaches to calculating AMAO 1: Wisconsin measured AMAO 1 in terms of districts’ average growth 

in EL performance, and at least two states (Maine and Nebraska) had adopted point systems that 

awarded districts specific point values for each instance of a particular pattern of individual EL 

performance. For example, Maine’s point system for AMAO 1 assigned ELs a specific point value based 

 

90. The analyses of states’ 2009–10 AMAOs that are featured in this report are based on states’ most recently 

available AMAO 1 and AMAO 2 information at the time of our data collection. In all, the analyses are based on 

AMAO 1 information from 45 states and the District of Columbia and AMAO 2 information from 47 states and the 

District of Columbia. Since the timing of our data collection preceded states’ actual 2009–10 AMAO determinations 

(i.e., the deadline for compliance with the Department’s NOFI), it is possible that some of the state AMAO information 

featured in these analyses did not yet comply with NOFI guidelines. 
Title III Accountability 82

on their composite score on the state ELP assessment and their number of years receiving services, 

conferring a greater number of points for ELs who achieved higher composite scores after fewer years in 

services. A district was considered to have met AMAO 1 if the average point value across all of its ELs 

increased by a target number from one year to the next. 

As with AMAO 1, states most commonly defined AMAO 2 in terms of target percentage(s) of ELs that 

needed to achieve a minimum performance on the state ELP test (44 states and the District of 

Columbia), but the percentage target(s) and required proficiency standard differed from state to state. 

Finally, several studies have documented differences in the ways states determine AYP under Title I, 

which serves as the basis for AMAO 3. Such differences stemmed from variation in states’ proficiency 

percentage targets, performance standards for demonstrating grade-level proficiency and other 

complexities underlying AYP calculations (Taylor et al. 2010). 

One challenge states faced in developing valid and reliable AMAOs was the diversity of their districts’ 

EL populations and how to set performance and proficiency objectives in a way that did not over- or 

under-identify districts due to the nature of their EL population. For example, a district with an EL 

population consisting largely of newcomer ELs with low levels of English proficiency might struggle to 

help enough students attain proficiency to meet AMAO 2 but manage to demonstrate significant 

progress for AMAO 1, while a district with a stable population of ELs who have had access to services 

for multiple years may have an easier time meeting the attainment indicator under AMAO 2. 

One approach states have taken to manage these differences in districts’ student populations is to 

account for specific student characteristics, such as the amount of time students had received EL 

services, in their AMAO targets or definitions. 

In 2009–10, about one-third of states (16) defined AMAOs that explicitly accounted 

for the amount of time students had received EL services. 

In 2009–10, officials from 16 states indicated that they had developed AMAOs that explicitly took into 

account ELs’ time in program, or the amount of time students had received instructional services for ELs. 

Of these, seven states had established different AMAO targets or different AMAO 1 standards for 

making progress based on cohorts or groups of students who had spent varying amounts of time 

receiving EL services. For instance, Texas’ AMAO 2 for 2009–10 required 12 percent of ELs who had 

received one to four years of services to attain proficiency and 20 percent of ELs who had received 

five or more years of services to attain proficiency. Five states had specified a time parameter for 

attaining proficiency under AMAO 2, for example, by requiring a target percentage of ELs to reach 

proficiency after receiving services for a particular number of years. Two states employed a weighting 

system that made ELs count more—or less—toward the AMAO target depending on their time in 

program. Finally, two additional states calculated individual student progress objectives for AMAO 1 by 

dividing the amount of ELP growth needed to attain proficiency by the projected number of years 

needed to reach proficiency. 

Officials from four of the 16 states with AMAOs that accounted for ELs’ time in program indicated that 

their state had incorporated this element only recently, often as a result of the Department of 

Education’s 2008 NOFI, which identified time in program as the only student characteristic that could 

be used to differentiate AMAO progress and proficiency expectations. States could no longer 

differentiate their AMAOs according to such factors as students’ initial English proficiency level, grade 

level, time in the United States, and formal schooling background. Four state officials voiced concerns 

over this restriction, arguing it ran counter to empirical research on English language acquisition to 

expect the same progress and proficiency results from diverse types of ELs. 
Title III Accountability 83

Two other state officials mentioned that they had considered incorporating time in program into their 

AMAOs when revising them in response to the NOFI but opted against doing so over methodological 

concerns. One of the officials cited challenges determining accurate time-in-program information for the 

high number of ELs transferring in from other states (where they may have previously received EL 

services), and the other noted difficulties collecting valid and consistent time-in-program information 

due to variation in districts’ locally controlled program offerings. 

In 2009–10, 15 states and the District of Columbia used the same criteria for 

determining students’ exit from EL status as their definition of attaining proficiency

under AMAO 2.

The Department’s NOFI also featured a recommendation that states use the same definition for 

attaining English language proficiency for calculating AMAO 2 as for determining students’ exit from 

EL status. This recommendation stemmed from the Department’s concerns that differing definitions of 

English language proficiency could lead to confusion over which students were eligible for services 

under Title III, which students were required to take the state’s annual ELP assessment, and which 

students should be included in the EL subgroup for AYP and AMAO determinations (U.S. Department 

of Education 2008). 

An analysis of information collected in 2009–10 on states’ EL exit criteria and AMAO 2 policies91 found 

that 15 states and the District of Columbia used the same criteria for making EL exit decisions as their 

definition of “attaining proficiency” under AMAO 2. In the majority of states (28), the minimum ELP 

assessment score that an EL needed to achieve to qualify as attaining proficiency under 

AMAO 2 constituted one component of the state’s criteria for determining that student’s exit from EL 

status; however, districts in those states could also weigh other factors when making EL exit decisions. 

Four states afforded districts the discretion to choose whether the state’s criteria for attaining proficiency 

under AMAO 2 would factor into EL exit decisions. 

91. Forty-seven states and the District of Columbia were included in this analysis. Sufficient information was not 

available for the remaining three states to make a determination.

In 2009–10, more than half the states (33) reported applying a minimum n-size 

restriction on Title III districts’ AMAO determinations.

In 2009–10, 33 states indicated that they used a minimum n-size restriction—a method commonly used 

under Title I accountability systems to protect student privacy and to promote the validity and reliability 

accountability determinations—whereby the state did not report AMAO determinations for 

Title III districts if the number of ELs fell below a minimum threshold (often referred to as the 

“minimum n”). Another six states noted that, although they did not apply a minimum n-size restriction 

for AMAO 1or 2 determinations, they did apply this restriction to AMAO 3 determinations. States’ 

minimum n sizes for Title III ranged from a low of six in Oregon to a high of 50 in West Virginia, but 

most Title III n sizes were set at either 10 or 30 (seven states each). The majority (23) of states that 

reported using a minimum n for AMAOs 1 and 2 indicated that they used the same minimum n size for 

Title III and Title I accountability. However, eight states reported using a different n size for Title III: 

six of those states reported using a lower n size for Title III than for Title I, while two reported using a 

higher n size for Title III.92

 

92. The Department of Education’s 2008 NOFI afforded states the option of applying a minimum n-size for 

AMAO determinations but required them to use the same n-size that was approved under the state’s Title I 

accountability system.
Title III Accountability 84

Accountability and Title III Consortia

When districts serve too few ELs to qualify for the minimum Title III subgrant of $10,000, 

Title III allows these districts to form a consortium with other districts within the state in order 

to apply for Title III funding on the basis their collective number of ELs. 

In 2009–10, the majority of states (40) indicated that they issued 

Title III subgrants to consortia of districts.

In 2009–10, officials from 40 states reported funding consortia of districts under Title III, and 

officials from another state and the District of Columbia indicated that they had previously 

issued Title III subgrants to consortia but were not currently doing so due to districts’ lack of 

interest or decreased EL enrollments. In most instances, states left decisions to form consortia 

to the districts themselves, but officials from several states reported setting additional 

parameters. For example, one state official indicated that member districts needed to be 

located in close enough proximity to one another to facilitate collaboration, and 

Title III administrators from three states explained that their consortia were required to be 

affiliated with intermediate school districts or regional educational service units. Georgia 

reported establishing a single, statewide Title III consortium for all districts with small numbers 

of ELs; in 2008–09, this consortium comprised 80 members. Furthermore, officials from 

two other states explained that they asked consortium districts to commit to a specified 

number of years of membership to provide some stability. 

In 2009–10, slightly more than half of the states that funded

Title III consortia (22 of 40) reported treating them as a single entity for 

AMAO purposes, holding participant districts collectively accountable for 

EL outcomes. 

The NOFI granted states the flexibility to decide whether to treat consortia of districts as a 

single entity for Title III accountability purposes or to hold member districts individually 

accountable, for the performance of only their own ELs. Among the 40 states that reported 

funding consortia of districts under Title III, 22 officials reported treating districts within a 

consortium as a single entity for AMAO determinations; 14 reported treating districts within a 

consortium as separate entities for AMAO determinations; and four reported treating districts 

within a consortium as a single entity for AMAOs 1 and 2 but as separate entities for 

AMAO 3. 

Seven state Title III officials underscored how accountability requirements were a deterrent for 

some districts to participate in Title III consortia. They explained that officials from such 

districts would rather forgo Title III funds than run the risk of having their district associated 

with a consortium that was failing to meet its AMAOs because fellow consortium members 

were not pulling their own weight. At least three state Title III directors indicated that district 

officials’ reluctance to subject their district to collective accountability recently prompted a 

change in their state’s policy to begin holding consortia of districts individually accountable. 
Title III Accountability 85

State and District Accountability Results

Few states (10) reported meeting all three of their state-level AMAOs in 2008–09, but 

at the district level, slightly more than half of the reporting Title III districts 

(55 percent) indicated that they had met all three AMAOs.

According to annual state performance reports, only 10 states—Alabama, Delaware, Maine, Mississippi, 

Nebraska, New Jersey, South Carolina, Tennessee, Texas, and Wisconsin—met all three of their 

state-level AMAOs for 2008–09 (see Appendix Exhibit E.2).93 These states constitute a diverse set, and 

include states with large numbers of ELs (Texas) and states with small numbers of ELs (Maine, 

Mississippi), states with growing EL populations (South Carolina, Alabama, Nebraska), states with a long 

history of serving ELs (New Jersey), states that belong to the WIDA Consortium (Alabama, Delaware, 

Maine, Mississippi, New Jersey, Wisconsin), and states that use other (non-WIDA) ELP standards and 

assessments (Nebraska, South Carolina, Tennessee, Texas). 

93. For 2008–09, CSPR reporting only required states to indicate whether they had met all three AMAOs, and did 

not ask which specific AMAOs the states had missed or met. Some states used the corresponding comment box to 

indicate which AMAOs they had missed or met, but others did not. As a result, information on which of the three 

AMAOs the other 40 states and District of Columbia missed in 2008–09 is not available.

Among Title III districts that reported an AMAO status for 2008–09, a slight majority (55 percent) 

indicated that they had met all three AMAOs in the 2008–09 school year (See Exhibit 23). However, 

altogether, these districts served less than half the nation’s EL population (39 percent), which meant that 

the majority of ELs were enrolled in districts that did not meet AMAOs in 2008–09. Finally, while most 

Title III districts (89 percent) were able to report an AMAO status in 2008–09, about 11 percent of 

Title III district officials indicated that they did not know whether they had met all three AMAOs at the 

time of survey administration (late 2009 and early 2010). 

Exhibit 23

Percentage of Title III Districts That Reported Meeting AMAOs

in the Last School Year (2008–09)

Exhibit reads: Among Title III districts that reported an AMAO status, 89 percent reported meeting 

AMAO 1 (making progress in learning English) in the 2008–09 school year. Fifty-five percent reported 

meeting all three AMAOs.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10

 
Title III Accountability 86

Of the three AMAOs, Title III districts were least likely to report meeting 

AMAO 3 (making AYP for the EL subgroup). 

Looking at districts’ performance relative to the three individual AMAOs in 2008–09, more than 

80 percent of Title III districts reported meeting AMAO 1 (making progress in learning English) and in 

AMAO 2 (attaining English proficiency) (89 percent and 82 percent, respectively). Fewer 

Title III districts—though still a majority (64 percent)—reported meeting AMAO 3 by making AYP for 

the EL subgroup, a performance measure that reflects ELs’ participation in state content assessments, 

demonstration of grade-level proficiency in reading and mathematics and attainment of other academic 

indicators, such as attendance and graduation rates. 

Title III officials in seven states underscored issues related to AMAO 3 as one of the most challenging 

aspects of Title III implementation. Officials from three states asserted that holding ELs to the same 

performance standard as English proficient students, particularly in reading and other language-loaded 

content assessments, was discouraging and unrealistic for districts. One state official explained, 

To compare an English language learner to an English-only student in language and then 

fault them for that, I feel like it’s turned into a catch-22. The whole purpose is to use 

that funding to help them reach the point where they can be successful with AMAO 3, 

but I don’t think they should be punished if they don’t make AMAO 3. 

One-third of Title III districts reported missing AMAOs for two or four consecutive 

years in 2008–09, a status that subjected them to Title III accountability actions. 

Collectively, these districts served about one-half of the nation’s Title III–served EL 

population.

Among Title III districts that reported knowing their Title III accountability status in 

2008–09 (89 percent of Title III districts), 22 percent reported missing AMAOs for two consecutive 

years,94 and 11 percent reported missing AMAOs for four consecutive years.95 In accordance with 

Title III accountability requirements, such districts were therefore subject to accountability actions and 

support from their state. Although only one-third of Title III districts reported being designated for 

improvement96 under Title III, these districts accounted for approximately 50 percent of the nation’s 

Title III-served ELs (see Appendix Exhibit E.6). 

94. Under Title III, a district is considered to have missed AMAOs for two or four consecutive years if, during each 

year of a two- or four-year span, the district misses any one or more of the three individual AMAOs (i.e., making 

progress, attaining proficiency, and making AYP for the EL subgroup). The district need not miss the same individual 

AMAO(s) each year to receive these designations. 

95. Title III districts that reported missing AMAOs for four consecutive years are not included in the percentage of 

Title III districts that reported missing AMAOs for two consecutive years. 

96. As a shorthand, this report uses the phrase “designated for improvement under Title III” to refer to 

Title III districts that have missed AMAOs for two or four consecutive years. However, the law does not contain such a 

term. 

Title III districts that served high-EL or high-poverty populations were especially 

likely to report missing their AMAOs for two or four consecutive years in 2008–09.

As shown in Exhibit 24, Title III districts with larger numbers of ELs were more likely than districts 

with smaller EL populations to indicate that they were designated for improvement under Title III after 

missing AMAOs for two or four consecutive years. About half (51 percent) of Title III districts that 

served more than 1,000 ELs reported missing AMAOs for either two (30 percent) or four (21 percent) 

 
Title III Accountability 87

consecutive years, whereas 20 percent of Title III districts that served 150 or fewer ELs reported missing 

AMAOs for two or four consecutive years (16 percent and 5 percent, respectively) (percentages do not 

add to total due to rounding). 

Exhibit 24

Percentage of Title III Districts Reporting That They Had Missed AMAOs for

Two or Four Consecutive Years, by Size of District EL Population and

by District Poverty Level, 2008–09

Exhibit reads: Among Title III districts that reported their AMAO designation status for the last school 

year (2008–09), 30 percent of Title III districts with more than 1,000 ELs reported that they had missed 

AMAOs for two consecutive years.

Note: The categories for size of district EL population are defined as follows: large is more than 1,000 ELs, medium 

is 301–1,000 ELs, small is 151–300 ELs, and very small is 1–150 ELs. The categories for district poverty level 

are defined as follows: high poverty is 76 percent or higher poverty, medium poverty is 26 percent to 

75 percent poverty, and low poverty is less than 25 percent poverty. (Poverty is based on the percentage of 

students eligible for Free or Reduced-Price Lunches).

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10

Furthermore, the majority of high-poverty Title III districts (62 percent) indicated that they were 

designated for improvement under Title III after missing AMAOs for two or four consecutive years, 

compared with only 14 percent of low-poverty Title III districts. Differences by district poverty level 

were particularly pronounced among districts reporting the most severe Title III accountability 

designation: 32 percent of high-poverty districts, compared with only 2 percent of low-poverty districts, 

reported missing AMAOs for four consecutive years. 

Finally, while Title III districts of varying locales were equally likely to report missing AMAOs for 

two consecutive years in 2008–09, urban and rural Title III districts were somewhat more likely than 

suburban Title III districts to report missing AMAOs for four consecutive years (16 and 12 percent vs. 

6 percent, respectively) (see Appendix Exhibit E.7). 
Title III Accountability 88

Most (71 percent) of the Title III districts that reported missing AMAOs for two or 

four consecutive years under Title III also reported that they were identified for 

improvement or corrective action under Title I.

Among the 33 percent of Title III districts that reported missing AMAOs for two or four consecutive 

years, nearly three-quarters (71 percent) indicated that they were also identified for improvement or 

corrective action under Title I after not making AYP for two or more consecutive years. Such districts 

were therefore subject to accountability actions and support under their state’s Title III and Title I

accountability systems. However, the remaining 29 percent of districts that reported being designated for 

improvement under Title III accountability indicated that they were not already facing district-level 

accountability actions under Title I. Accordingly, without Title III accountability, those districts would 

not have encountered the pressure and support associated with district-level97 ESEA accountability 

consequences that year. Exhibit 25 below illustrates the proportion of all Title III districts that reported 

being designated at the district level under both Title I and Title III accountability provisions 

(24 percent), Title I accountability provisions only (16 percent), or Title III accountability provisions only 

(10 percent). 

97. While these districts reported that they were not facing Title I accountability actions at the district level, they 

may have experienced Title I accountability at the school level. Previous analyses of districts that were designated for 

improvement under Title III but not Title I in a sample of three states found that a majority of such districts had at least 

one school identified for improvement under Title I (Boyle et al. 2010).

Even though Title III districts were most likely to report missing AMAO 3—the same AYP indicator 

that could lead to identification for improvement under Title I—there are several possible explanations 

for why Title III districts were designated for improvement under Title III but were not identified for 

improvement under Title I. First, districts can become designated under Title III after missing any

AMAO or combination of AMAOs for two or four consecutive years; they need not miss the same 

AMAO(s) each year. Thus, some districts may have become designated under Title III after repeatedly 

missing AMAOs 1 or 2 but managed to make AYP for the EL subgroup (i.e., meet AMAO 3) often 

enough to avoid identification for improvement under Title I. 

Second, Title III designates districts for accountability actions if they do not make AYP for the EL 

subgroup (AMAO 3), regardless of the circumstances, for two or four consecutive years, but Title I affords 

states the flexibility to restrict identification for improvement or corrective action to only those districts 

that repeatedly do not make AYP in the same content area or grade span for two or more consecutive 

years (Abedi 2007). Thus, for example, a district that did not make AYP for the EL subgroup because of 

the math proficiency indicator for one year and because of the reading or language arts proficiency 

indicator the following year would become designated as missing AMAOs for two consecutive years 

under Title III. However, this same district would not necessarily become identified for improvement 

under Title I because it did not fail to make AYP for the EL subgroup in the same content area for two 

years in a row. 

Finally, some Title III districts with small EL populations may not have met their state’s minimum n size 

to qualify for Title I accountability designations but may have qualified for Title III accountability 

designations because of their participation in a Title III district consortium or because of differences in 

the way their state applied minimum n size restrictions to its Title I and Title III accountability systems. 

 
Title III Accountability 89

Exhibit 25

Percentage of Title III Districts That Reported Being Identified for Improvement

Under Title I or Designated for Improvement Under Title III or Both

Exhibit reads: Officials from 16 percent of Title III districts reported that their district was identified for 

improvement under Title I accountability but was not designated as missing AMAOs for two or 

four consecutive years under Title III accountability.

Notes: Diagram not to scale. The proportion of Title III districts that reported being designated for improvement 

under Title III totals to 34 percent in this exhibit (24 percent + 10 percent) as opposed to the 33 percent 

reported earlier in the chapter due to the reduced sample size that could be used for this exhibit. n = 1257. 

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Using Annual Measurable Achievement Objectives to Foster 

Improvement

Literature on accountability has argued that for a results-based accountability system to function as 

intended, it must focus attention on goals, enhance the availability of valid information on which to base 

decisions, increase motivation to strive for goals, and build and focus capacity to improve (Fuhrman 

1999; Goertz, Floden and O’Day 1995; O’Day and Bitter 2002). Title III provisions aim to serve these 

functions by requiring states to institute annual performance objectives, report regularly on school 

systems’ performance in meeting those objectives and impose consequences on jurisdictions that 

repeatedly miss their objectives. 
Title III Accountability 90

Stakeholder Awareness and Notification

More than 90 percent of district Title III officials reported having a clear 

understanding of their AMAO targets for the 2009–10 school year. 

District-level Title III officials from most surveyed districts indicated that they clearly understood their 

AMAO targets for the 2009–10 school year. Specifically, 95 percent of Title III officials reported having 

a clear understanding of their target(s) for AMAO 1; 94 percent reported having a clear understanding of 

their target(s) for AMAO 2; and 92 percent indicated that they clearly understood their targets for 

AMAO 3. 

When asked if they could explain their AMAO targets, Title III officials from nearly all of the case study 

districts (11 of 12) indicated that they were aware of the three AMAOs they needed to meet under 

Title III accountability while Title III officials from one of the districts, which had consistently met its 

AMAOs, showed a lack of awareness of their district’s Title III accountability objectives. However, in 

only half (six) of those districts did that awareness extend beyond a limited set of EL-focused district 

administrators. Respondents from case study districts where there was not widespread understanding of 

AMAOs tended to describe a culture in which Title I accountability objectives were more salient than 

those of Title III, particularly at the school-level. An official from one very large, urban district [A] 

explained, 

Title III is at the district level, and the school is where the rubber meets the road, and 

schools ... are very aware of the data that comes through Title III and its relationship 

with school accountability. ... [But] if you ask a school what is AMAO, they will say, 

“Are you talking about [Title I] AMOs?” Even the terminology confuses them. We’re 

aware at the district level, certainly. Does that have [an] impact on what we can 

recognize as strengths and weaknesses at the local level? Yes. Is it as meaningful to 

schools? No. 

In addition, a school-level respondent from a large, urban school district [B] underscored that the 

complex nature of the state’s AMAO targets made it difficult for staff to understand their 

Title III performance objectives, stating, “We don’t know what targets are or what it is that we failed in. 

... They have a general target, but the problem is that we don’t know specifically what the target is for 

what particular area. They give us a percentage. But within that percentage, there are subgroups [cohorts] 

that need to be looked at differently.” 

Respondents from each of the six districts in which there was broad-based understanding of AMAOs 

described strategies to help build AMAO awareness at the school-level, such as presenting their AMAO 

targets at informational sessions or providing access to school-level AMAO calculations, in addition to 

the district-level calculations required under Title III. 
Title III Accountability 91

Profile of a District With Widespread Awareness of Annual Measurable 

Achievement Objectives

In one high-EL case study district that had consistently met its AMAOs [I], stakeholders at all 

levels—district administrators, school principals and classroom teachers—demonstrated a 

strong degree of awareness of their AMAO performance goals. Officials from this district 

explained that, while the state only held the district as a whole accountable for its AMAO 

performance, the district distributed responsibility for meeting AMAOs across all staff by 

issuing AMAO percentages and determinations for each school, and making sure that schools 

were aware of the three performance goals that they needed to meet. “You can’t play the game 

and do what you’re supposed to do unless you know what those things are,” one official stated. 

Principals from this district reported knowing how the performance of their schools’ ELs 

stood in relation to AMAO targets, and described transmitting this knowledge down to the 

classroom level by informing teachers of the AMAO goals and how their individual students 

were faring. “We made it our job to make sure teachers know what those things are, that 

students know what the [ELP assessment] is, and what they’re being held accountable for,” 

one principal noted. Making those AMAO goals has changed the way that we communicate 

that [ELP] testing to our students. That’s made a big shift.” To ensure that their schools were 

meeting AMAO targets, principals and teachers described employing such strategies as 

incorporating teacher training that addressed ELs’ academic language acquisition and directing 

special attention to ELs who were performing on the cusp of proficiency on the state ELP or 

content assessments. 

Most states (37) reported notifying Title III districts of their 2008–09 AMAO 

performance during late fall or early winter of the following school year. 

Twelve state Title III directors reported that their state had notified Title III districts of their 

2008–09 AMAO performance results by September 2009. The majority of state Title III directors 

(37) indicated that their state education agency had issued or planned to issue98 Title III districts’ 

2008–09 AMAO performance results during October or later in the following school year. Among those 

37 states, 19 indicated that they would not notify districts of their AMAO results until December 

2009 or later (see Exhibit 26). State officials mentioned several factors that delayed their notification of 

AMAO results to districts, including their need to wait for Title I AYP determinations to be finalized to 

inform AMAO 3 determinations, their reliance on external scoring companies to provide test results, 

limitations in state education agency staffing capacity, and bureaucratic procedures (e.g., attaining 

required signatures). One state official commented on the state education agency’s difficulty in 

concurrently managing Title I AYP and Title III AMAO designations, explaining, 

98. In cases in which the timing of the state Title III director interview preceded the state’s release of 

2008–09 AMAO performance results, states reported their anticipated AMAO notification date.

We’ve wanted to send out the AMAO results at the same time [as the AYP results], but 

at this time, the assessment bureau just can’t handle all that analysis at the same time, not 

to mention that we can’t give our AMAO results because we need to have, not just 

progress and proficiency rates, but the academic results altogether. So, even if they 

already have the academic results ready for publishing ... we would have to hold 

everything up and fold that in to see whether or not districts made it under the AMAOs, 

and we don’t want to hold up the academic results. 

 
Title III Accountability 92

Exhibit 26

Number of States Reporting the Month in Which They Notified Title III Districts About 

Whether They Had Met AMAOs in 2008–09

Exhibit reads: One state reported notifying Title III districts of whether they had met AMAOs in 

2008–09 in April–May of 2009.

Note: n = 48 states and the District of Columbia

Source: Evaluation of State and Local Implementation of Title III, State Interviews, 2009–10.

District officials from two case study districts commented that the lack of timeliness of their AMAO 

notifications diminished the utility of the information. An official from a very large urban district 

[A] pointed out that the district’s AMAO results were often delayed and thus were perceived as less 

useful than more accessible sources of information. “We have more real-time data from other sources, 

so we are more depending on that,” she explained. “I’m not saying AMAOs are worthless, but I am 

saying that they are not as valuable to our school improvement efforts for ELLs as the data that are 

available through Title I or our own internal systems.” 

Furthermore, officials from a linguistically diverse suburban district [E] mentioned that the time lag 

between when their state reported Title I AYP results and when it reported Title III AMAO results 

diminished the relevance of the AMAO results. As the EL director explained, “When we receive the 

AYP results, everyone is waiting for that, and then three or four months later when the AMAOs come 

out, everyone has already processed that. ... People don’t know what AMAOs are, they don’t have the 

salience of the AYP information.” Another official concurred, stating, “There’s a real lag about when we 

get notified on LEP AMAOs. Why they don’t come out immediately, I don’t know. So, you’ve already 

kind of settled into who is in school improvement [under Title I] and all of that, and then they come and 

say, ‘Oh, by the way ...,’ and then you don’t do as much about it.” 

Most Title III districts that did not meet their AMAOs in 2008–09 (93 percent) reported 

notifying parents of ELs of the district’s AMAO status.

As Exhibit 27 illustrates, the majority of Title III districts that indicated that they had not met their 

AMAOs in 2008–09 (93 percent) reported that they had notified ELs’ parents of the district’s AMAO 

status that year, as required under Title III statute. Moreover, many of the Title III districts that reported 
Title III Accountability 93

that they had met their AMAOs that year (62 percent) indicated that they too had notified ELs’ parents 

of their AMAO status, even though Title III does not require districts to do so. 

Exhibit 27

Percentage of Title III Districts That Reported Notifying Parents of ELs About Whether the 

District Had Met AMAOs in 2008–09, by District AMAO Status

Exhibit reads: Ninety-three percent of the Title III districts that reported that they did not meet AMAOs in 

2008–09 indicated that they had notified parents of ELs of the district’s AMAO status.

Note: Title III districts that did not meet AMAOs: n = 649, Title III districts that met AMAOs: n = 605, All 

Title III districts: n = 1254

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

All nine case study districts that had missed their AMAOs described notifying parents via a letter 

disseminated by the district central office. One very large district with a high-EL population [H] also 

noted that the district and its school-based parent liaisons would hold information sessions or offer 

direct assistance for parents who had questions regarding the letters that were sent to them at home. An 

official from that district explained, “Letters are all translated, but the face-to-face connection is 

important because you’re otherwise assuming a level of literacy in the home.” 

Officials from two case study districts related concerns over the multiple parent notifications that they 

were required to provide under Titles I and III. A respondent from a large urban district [K] expressed 

frustration that the district needed to issue multiple letters to parents explaining failures to make AYP 

and meet AMAOs, particularly when the failure stemmed from the same indicator: making AYP for the 

EL subgroup. “I think it would be really nice if Title I and Title III could have joint notifications instead 

of [having] a parent receive 10 notifications saying the same thing,” she stated. An official from a large, 

linguistically diverse district [F] that did provide joint Title I and Title III accountability notifications 

questioned the value of Title III notifications, given the high expense involved. “For us to send out 

one letter, it is about $10,000 for mailing,” she explained. “It seems a little ridiculous for us to send 

something out about this thing that most parents don’t have a clue about and don’t understand if it’s a 

big deal or not—and to explain that in four languages plus English on one little letter becomes quite 

expensive.” 

Accountability Actions and Support

A chief function of Title III accountability systems involves building capacity and stimulating activities to 

improve EL services among Title III districts that repeatedly miss their annual performance objectives. 

To this end, states must require any Title III district that misses AMAOs for two consecutive years to 

develop an improvement plan that will enable the district to meet AMAOs in the future. States must also 

provide such districts with technical assistance to support the development and implementation of that 
Title III Accountability 94

plan. Title III calls for states to impose additional actions on Title III districts that miss AMAOs for 

four consecutive years, such as (1) requiring the district to modify its curriculum, program and method 

of instruction; or (2) making a determination as to whether the district shall continue to receive 

Title III funds and requiring the district to replace educational personnel relevant to their AMAO failure. 

In 2009–10, officials from all states with Title III districts that had missed AMAOs for 

two consecutive years (46 states and the District of Columbia) reported requiring 

those districts to develop improvement plans. 

Officials from every state that had designated Title III districts as missing AMAOs for two consecutive 

years (46 states and the District of Columbia) reported requiring such districts to develop an 

improvement plan for the instruction of ELs. The nature of these improvement plans varied, ranging 

from a few questions included in the districts’ Title III funding application or Title I district 

improvement plan to a comprehensive template designed to guide needs assessment and improvement 

activities. However, Title III improvement plans are only one of several such documents that districts 

may be required to draft as states might compel districts to write other EL-focused plans for reasons 

beyond Title III—or even Title I—accountability. For example, New York requires districts to develop a 

Comprehensive Plan for meeting the needs of ELs under the state’s CR Part 154 regulations which 

specify state policies governing EL services, and Maine requires districts to maintain a Lau plan that 

outlines how the district is providing equal access to ELs in accordance with the Lau v. Nichols U.S. 

Supreme Court decision. 

Four states (Montana, Maryland, West Virginia and Wisconsin) indicated that, as of 2009–10, they had 

never had a Title III district miss AMAOs for two consecutive years, either because the state had begun 

implementing AMAOs very recently (one state) or because no Title III districts had missed AMAOs for 

more than one year at a time (three states). 

In 2009–10, officials from all states with Title III districts that had missed AMAOs for 

two or four consecutive years reported offering technical assistance for those 

districts, typically to support district needs assessment and improvement-planning 

efforts.

Title III directors from the 46 states and the District of Columbia with Title III districts that had missed 

AMAOs for two or four consecutive years described providing some type of support to help those 

districts improve. The focus of this assistance most often involved needs assessment activities, such as 

data analysis, school walk-throughs or program audits (17 states and the District of Columbia), or 

improvement plan development activities, such as the provision of improvement plan templates and 

tools, suggestions for improvement strategies, or plan reviews and critiques (25 states and the District of 

Columbia). In one state, district representatives convened to collectively review and edit one another’s 

improvement plans. “They get to read some really good plans and some not so good plans, and they can 

tell [the] difference where [their plan] is in relation to what they are reading with us,” the state 

Title III director explained. Officials from five states indicated that they also provided follow-up support 

to districts to ensure that the districts were implementing their improvement plans as intended. 

Title III administrators in three states indicated that they required all Title III districts that had missed 

AMAOs for two or four consecutive years to attend a specialized workshop or data retreat that focused 

on such topics as improvement plan development, analyzing data to determine areas of need, and use of 

ELP standards and assessments. Typically, these states required a team of individuals from each 

district—including administrators, program directors, ESL or bilingual teachers and mainstream 

teachers—to attend. Title III directors from 16 states and the District of Columbia, particularly those 
Title III Accountability 95

with fewer Title III districts facing accountability actions, described working one on one with district 

staff. One state Title III director explained, “Any district that’s in improvement, I’ll sit down with them, 

and we’ll go over their data and try to figure out what’s happening where and in which schools and why 

is that happening and what can we do to make improvement in those areas.” Officials from another six 

states highlighted the fact that regionally based education service centers were available to support 

Title III districts that had missed AMAOs for two or four consecutive years. 

Title III districts that had missed AMAOs for two or four consecutive years were 

more likely than other Title III districts to report that they had developed an 

improvement plan and received improvement-planning support.

Although most Title III districts reported having developed a plan to improve services to ELs since 

September 2008 (72 percent), districts that were designated for improvement under Title III were 

significantly more likely than other districts to report having developed such a plan. As shown in 

Exhibit 28 below, 94 percent of Title III districts that reported missing AMAOs for two consecutive 

years and 97 percent of Title III districts that reported missing AMAOs for four consecutive years 

indicated that they had developed an improvement plan whereas only 61 percent of nondesignated 

Title III districts indicated that they had developed such a plan. Moreover, most Title III districts that 

reported missing AMAOs for two or four consecutive years indicated that they had developed the 

improvement plan as a direct response to their AMAO status (70 and 85 percent, respectively), not for other 

reasons (see Appendix Exhibit E.13). Title III districts that reported missing AMAOs for two or four 

consecutive years were also more likely than other Title III districts to indicate that they had received 

technical assistance on developing an EL-focused improvement plan (70 and 81 percent, compared with 

36 percent). 

Exhibit 28

Percentage of Title III Districts That Reported Developing an Improvement Plan and 

Receiving Technical Assistance on Developing an Improvement Plan,

by Districts’ Title III Designation Status, 2009–10

Exhibit reads: Sixty-one percent of Title III districts that reported they were not designated as missing 

AMAOs for two or four consecutive years indicated that they had developed an improvement plan since 

September 2008.

Note: Title III districts not designated under Title III: n = 784–793; Title III districts designated as missing AMAOs for 

two consecutive years: n = 325–326; Title III districts designated as missing AMAOs for four consecutive 

years: n =188–189.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Title III Accountability 96

Title III officials from all 10 case study districts that had not met AMAOs for two or more consecutive 

years reported being required to complete some form of an improvement plan as a result of their 

AMAO status. Officials from four of those case study districts described taking their state’s option to 

develop an integrated district improvement plan that satisfied multiple improvement planning 

requirements, including requirements under Title III accountability, Title I accountability or state law. 

For example, a Title III administrator from one large, urban district explained that her district had folded 

its Title III improvement plan into an existing district improvement plan that was required under state 

law. “The [state’s improvement plan] is required and monitored by our associate superintendents and by 

the public education department at the state level. Many people have eyes on that document, so we felt it 

was the best place to put [the Title III improvement plan] ... front and center.” 

Title III officials from three case study districts described receiving one-on-one support from their state 

Title III director in developing their improvement plan, and representatives from one of those districts 

[G] reported receiving special funds from the state as a result of the district’s Title III accountability 

status, to bring in consultants from a local university to work with teachers of ELs. 

An official from one small rural case study district [L] underscored the utility of receiving individualized 

improvement-planning assistance from the state, noting that the attention the state placed on the 

district’s improvement plan marked a positive change from the past, when the district’s plan prompted 

no response from the state. The local Title III director explained, 

All these years the goals [for ELs] were submitted, and that was it—nobody probably 

looked at them. Now, someone really is looking at the goals [for ELs]. And they’re 

sending [them] back for more clarification and asking us to add more things. It’s making 

us really aware at the district level what is going on at the school sites and what is being 

reported that is on paper but is not actually happening at the school site. It’s an eye 

opener for me and a learning process. It is a helpful process because the team at the state 

level has contacted the principals and then at the district level, so locally there’s that 

support to work together—the district team and the site administrators. And there’s the 

district team knowing what the plan is. It gives us what to look for, to see if all these 

things are happening at the school sites. 

Despite the reported prevalence of technical assistance among district survey respondents, six of the 

ten case study districts that had missed AMAOs for two or more consecutive years reported receiving 

limited or no state assistance as a result of meeting their AMAOs. 

In 2009–10, states with Title III districts that had missed AMAOs for four consecutive 

years were more likely to report requiring or considering requiring such districts to 

make programmatic or instructional changes (18 states and the District of Columbia) 

than requiring personnel changes (seven states and the District of Columbia) or 

discontinuing Title III funds (six states).

In 2009–10, officials from 24 states and the District of Columbia indicated that at least one 

Title III district within their state had missed AMAOs for four or more consecutive years, while officials 

from the remaining 26 states explained that no district had reached that accountability designation yet, in 

some cases because the state had been holding Title III districts accountable for less than four years. 

Officials from 16 of the states with Title III districts that had missed AMAOs for four consecutive years 

reported requiring such districts to write or revise improvement plans to feature significant changes in 

their approach to serving ELs. Moreover, officials from 18 states and the District of Columbia indicated 
Title III Accountability 97

that they required—or would consider requiring in the future on a case by case basis—such districts to 

modify their curriculum, program, or method of instruction. One state Title III director emphasized that 

the state assumed a more direct approach with districts that had missed AMAOs for four consecutive 

years than with districts that had missed AMAOs for two consecutive years. However, the director also 

emphasized that state officials avoided imposing consequences that would be perceived as overly harsh 

or severe, explaining 

We don’t say, “We would like to do this, and what do you think?” We say, “No, these 

are the things that we’ve found, this is what you have to do, and this is the time line.” 

What we avoid doing—and I think correctly so—is to be punitive, threatening, and you 

know, the Title III law has some things; you could carry a big stick. We don’t want to do 

that too much. ... It doesn’t make the kind of pedagogical and programmatic and 

cultural fits that I think [would be appropriate]. 

Another state Title III official described being hesitant to impose significant accountability consequences 

on districts that repeatedly missed AMAOs because, unlike Title I of the ESEA which provides funding 

under its Section 1003(g) provisions to support local school improvement activities, Title III does not 

include an additional funding stream dedicated to supporting district improvement efforts. 

“Title III gives us no money to do those things,” the official remarked, “and certainly at the state level 

... I have no additional funds. ... Title III has similar accountability decisions [to Title I’s], and yet when 

our school districts don’t meet AMAOs, we just say, ‘Too bad. So sad.’ ... You can’t expect 

accountability to make any difference if you’re not going to give us money.” 

Overall, fewer state officials indicated that they would consider using the accountability options outlined 

in Title III to require the replacement of district personnel (seven states and the District of Columbia) or 

discontinue districts’ Title III funds (six states) as consequences of missing AMAOs for four consecutive 

years. One state official underscored that her state was not considering discontinuation of funding as an 

accountability action because the pressure of Title III accountability was tied to districts’ receipt of 

Title III funds. “With the continuation of Title III funding to a district [that] is in four-year status, the 

state would have more leverage toward improvement than if funds were terminated,” she explained. 
Title III Accountability 98

Exhibit 29 

Percentage of Title III Districts That Reported Implementing Specific Actions to Improve 

Services to ELs, by 2009–10 Title III Designation Status

Exhibit reads: Ninety-one percent of Title III districts that reported they were not designated as missing 

AMAOs for two or four consecutive years indicated that they had increased teacher professional 

development on EL issues since September 2008.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Title III districts that had missed AMAOs for four consecutive years were more likely 

than other Title III districts to report taking actions to improve EL services.

When asked whether they had implemented various actions to improve services to ELs since September 

2008, Title III districts that reported missing AMAOs for four consecutive years were more likely than 

nondesignated Title III districts to indicate that they had increased the use of needs-based grouping or 

differentiated instruction for ELs (88 vs. 77 percent), increased progress testing of ELs (77 vs. 

51 percent), adopted a new English language development curriculum (69 vs. 52 percent), increased 

common planning time for teachers of ELs (59 vs. 38 percent) and added an instructional specialist to 

assist teachers of ELs (58 vs. 35 percent) (see Exhibit 29). In addition, Title III districts that had missed 

AMAOs for four consecutive years were more likely than those that missed AMAOs for only two 
Title III Accountability 99

consecutive years to report having increased instructional time for ELs (78 vs. 68 percent), increased 

progress testing for ELs (77 vs. 64 percent), adopted a new ELD curriculum (69 vs. 56 percent) and 

added an instructional specialist to assist EL teachers (58 vs. 40 percent). 

Furthermore, Title III districts that reported missing AMAOs for four consecutive years were 

consistently more likely to report making improvement actions as a direct response to their AMAO status

than districts that reported missing AMAOs for only two consecutive years (see Appendix Exhibit E.13). 

Of the 12 Title III case study districts, three reported implementing changes to their program or method 

of instruction as a result of repeatedly missing AMAOs. One small suburban school district that had 

experienced high growth in its EL population [G] described implementing the co-teaching model, which 

a neighboring district had instituted with considerable success, as a new approach to providing ELs with 

support in the content classroom. A large urban case study district [K] indicated that it had adopted a 

new curriculum for secondary ELs who required additional ESL instruction, provided more ELD 

training to its instructional coaches and placed a greater focus on ensuring that instructional materials 

included appropriate support for ELs. Finally, a large, linguistically diverse district [B] discussed the fact 

that, after missing its AMAOs for four consecutive years, the district developed a Title III “corrective 

action plan,” which featured several strategies to improve EL outcomes, including the implementation of 

a literacy strategy known as Writing Across the Curriculum,” the purchase of test prep materials for the 

state ELP assessment and the provision of various forms of staff training. 

Title III districts that had missed AMAOs for four consecutive years were more likely 

than other districts to report receiving technical assistance related to teacher 

training, funding, data use, ELD approaches, and program administration.

As shown in Exhibit 30, Title III districts that reported missing AMAOs for four consecutive years were 

more likely than other Title III districts to indicate that they had received technical assistance on 

effective training for teachers of ELs (73 percent vs. 55 percent), administering Title III and other 

EL-related funds (78 percent vs. 61 percent), use of data on ELs (69 percent vs. 53 percent), effective 

ELD approaches (76 percent vs. 61 percent), and EL program administration (50 percent vs. 

36 percent). 
Title III Accountability 100

Exhibit 30

Percentage of Title III Districts That Reported Receiving Various Types of Technical 

Assistance Since September 2008, by Districts’ 2008–09 Title III Designation Status

Exhibit reads: Fifty-five percent of districts that reported that they were not designated under Title III in 

2008–09 reported receiving technical assistance since September 2008 on effective teacher training for 

teachers of ELs. 

Note: Data related to Title III districts’ receipt of additional types of technical assistance, by district 

Title III designation status, are presented in Appendix Exhibit E.6.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Reported Benefits of Title III Accountability

Officials from seven states mentioned their belief that Title III accountability 

requirements had helped to raise awareness and focus attention on EL outcomes.

In discussing what they found helpful in implementing Title III provisions, officials from seven states 

commented that ESEA accountability provisions had directed greater attention toward meeting the 
Title III Accountability 101

needs of ELs.99 “What’s really great is that it has put this population on the map for accountability,” 

one state Title III director noted. “There’s no question about that. It’s been very salubrious to the 

districts in our state and also at the school building level that these kids cannot be hidden, they can’t be 

shunted aside, they can’t be denied services, and the state and district is held accountable for their 

progress.” 

99. This information was not specifically solicited from all states. It was noted in response to an open-ended 

question.

Another state official admitted that, despite her concerns regarding the ESEA testing requirements as 

they applied to ELs, she did see a benefit in Title III and Title I EL accountability requirements. “There 

was a time ten, fifteen years ago when these kids were just so adorable and cute that you really weren’t 

worried about accelerating them quickly, and [now] the pressure’s on, and it’s not a bad thing,” she 

explained. “I would like a happy medium with No Child Left Behind where some of their requirements 

were a little more reasonable, but you know overall, yeah, it’s had a good effect.” 

Similarly, a third state official highlighted his perception of Title III as influential in improving services 

for ELs in his state, but also pointed out that Title III had not garnered the same level of attention as 

Title I accountability. He stated, “I think the perception of the relevance of ELL has changed, and 

Title III has changed. So, Title III has been an important initiative although it has been one that has been 

very quiet in the background compared to Title I. Title I barks, everyone jumps.” 

Chapter Conclusions

Charged with the unprecedented task of establishing Title III accountability systems to monitor and 

facilitate progress in improving EL outcomes, states initially faced a paucity of data, research and 

guidance to develop the AMAOs that serve as the basis of Title III accountability. The advent of new 

ELP standards and assessment infrastructures, additional years of EL performance data, and more 

detailed federal guidance prompted many states to revise their AMAOs—in some cases, multiple 

times—in an effort to set performance targets that were better attuned to empirical evidence and more 

consistent with federal requirements. 

States’ Title III performance objectives continued to evolve as of 2009–10, when officials from over half 

the states indicated that their current AMAOs were either under revision (nine states) or had been 

implemented for less than two years (26 states). This fluctuation in states’ AMAOs implies that 

Title III districts within those states have not had a consistent set of performance objectives to guide 

their long-term improvement, and this hinders the comparability of AMAO performance results across 

years. Such drawbacks point to a tension that policymakers face between the utility of adjusting AMAOs 

to increase their validity and the utility of promoting a stable set of performance objectives that can 

motivate and measure improvement over time. Furthermore, variation in the ways different states have 

defined their three AMAOs precludes comparisons of performance from one state to the next, and 

states may designate more or fewer Title III districts for accountability actions and support, depending 

on the rigor of their AMAOs. 

In addition to setting valid and reliable performance objectives, a well-functioning accountability system 

must raise stakeholders’ awareness of those objectivess and provide useful feedback on jurisdictions’ 

performance in meeting them. While most district Title III officials reported having a clear 

understanding of the targets required for meeting AMAOs in 2009–10, experiences from the case study 

districts suggest that this understanding did not always permeate other district staff or filter down to the 

school-level. Moreover, most state Title III directors reported being unable to notify Title III districts of 

 
Title III Accountability 102

their AMAO performance results until late fall or early winter of the following school year, and case 

study respondents indicated that the lack of timeliness of their AMAO results diminished the usefulness 

of the information they provided. 

Another key function of an educational accountability system is to increase underperforming districts’ 

capacity to meet their performance objectives in the future, and state and district reports suggest that 

Title III accountability systems typically aimed to serve this function by targeting Title III districts that 

had missed AMAOs for two or four consecutive years with improvement planning requirements and 

assistance. Title III districts that had missed AMAOs for four consecutive years were also somewhat 

more likely than other districts to report making specific instructional changes to improve EL services. 

Nevertheless, it is unclear whether these districts would have taken similar actions in the absence of 

Title III accountability, particularly since most of these districts were already facing scrutiny to improve 

student outcomes under their state’s Title I accountability system: Although Title III accountability 

systems did designate an additional set of districts for improvement, nearly three-quarters of the districts 

that incurred Title III accountability actions were already identified for improvement or corrective action 

under Title I and potentially faced dual sets of parent notification and accountability requirements. Some 

states had taken steps to coordinate such requirements—for example, by promoting alignment between 

Title I and Title III district improvement plans—but state capacity limitations may have constrained 

other states’ ability to forge such connections. 

Overall, state Title III officials reported making strides in developing and refining Title III accountability 

systems to hold jurisdictions accountable for improving EL outcomes, and several credited these systems 

with focusing stakeholders’ attention on meeting ELs’ academic and linguistic needs. However, 

instability in states’ AMAO performance objectives and challenges in the dissemination of information 

related to those goals may have weakened these systems to date, and the salience of 

Title III accountability in relation to other accountability systems—which create the potential for 

duplicative or competing requirements—remains uncertain. 
State and District Capacity to Implement Title III 103

VI. State and District Capacity 

to Implement Title III 

State education agencies and school districts shoulder many responsibilities for Title III implementation, 

including the identification and placement of English Learners (ELs), the adoption and use of English 

language proficiency (ELP) standards and assessments, development of accountability measures of 

Title III districts and management of data systems to support decision-making. These tasks require 

internal capacity on the part of states and districts—with regard to staffing, funding and infrastructure. 

This chapter focuses on the capacity of states and districts to meet the implementation challenges of 

Title III. 

Key Findings

—In 2009–10, 30 states had fewer than the equivalent of two full-time staff working 

on issues related to Title III. Interviewees in 15 states noted that staff limitations (lack 

of sufficient staff or lack of staff with needed expertise) are a challenge for 

Title III implementation. 

—In 2009–10, on average, officials in Title III districts reported spending 

45 percent of their Title III funds on instructional staff, and 24 percent on 

instructional materials, equipment and technology. Smaller proportions of 

Title III funds were spent on professional development, parent involvement and 

instructional support staff. 

—Funding for ELs was a challenge reported by Title III districts, both among 

survey respondents and case study districts in 2009–10. Indeed, 71 percent of 

Title III districts reported funding for ELs to be a moderate or major challenge. 

—In 2009–10, officials in 74 percent of Title III districts reported that all teachers 

serving ELs were fully certified for their positions. However, in 73 percent of 

Title III districts, officials reported that “lack of expertise among mainstream teachers to 

address the needs of ELs” was a moderate or major challenge. 

State and District Infrastructure to Support ELs

State capacity reflects the ability of a state education agency to perform key implementation functions 

and depends on a broad spectrum of resources, including but not limited to the number of 

knowledgeable and skilled staff and fiscal resources (Le Floch, Boyle, and Therriault 2008). While 

human, financial and technological resources represent the core infrastructure of state education agencies 

and are essential to policy implementation, the implementation of Title III also requires substantive 

expertise in issues related to ELs. Moreover, successful implementation may be fostered through 

collaboration within the state education agency, whether between the Title III and Title I staff, or among 

state officials with expertise in assessment, curriculum or data systems. 

Title III implementation depends on the capacity of districts, as well as states. However, the size, growth 

and diversity of the EL populations of districts vary more than those of states. Indeed, the case study 

districts in this study included small rural districts with very few ELs to large metropolitan districts in 

which the EL population was counted in tens of thousands. Even in such varying cases, districts face 

similar requirements with regard to Title III. 
State and District Capacity to Implement Title III 104

This chapter provides an overview of state and district capacity to implement Title III, and efforts to 

boost that capacity. The first section reviews the core elements of state and district capacity, including 

human resources, funding and data infrastructure. The next section outlines ways in which states seek to 

boost local capacity through technical assistance, both from the perspective of state officials who 

provide support and the districts that receive such support. Finally, the chapter turns to a discussion of 

teachers of ELs, who represent the most fundamental capacity to implement Title III. States and districts 

have responsibilities to ensure that teachers are qualified, fluent and supported, each of which is 

discussed in turn. 

State Personnel Responsible for Title III 

In 2009–10, 30 states had fewer than the equivalent of two full-time staff working on 

issues related to Title III. Interviewees in 15 states noted that state education agency 

staff limitations (with respect to either expertise or number of staff) were a challenge 

for Title III implementation.

In 2009–10, state officials reported that their state education agencies had allocated few “full-time 

equivalent” (FTE) positions to work on Title III. Indeed, in 30 states, fewer than two FTEs were 

allocated to Title III. These included relatively populous states, such as Michigan, Ohio and Texas. In 

contrast, six states employed five or more FTEs for Title III, including California, Florida and Illinois. 

On average, however, states with a greater number of Title III–funded students employed a greater 

number of Title III staff at the state level: States with more than 100,000 Title III students retained an 

average of 8.2 FTEs in 2009–10, whereas states with fewer than 20,000 Title III students employed an 

average of 1.3 FTEs (see Exhibit 31). Note that “one FTE” means the equivalent of one full-time 

position, not necessarily one staff person. One FTE may be staffed by two people at half-time, for 

example. 

Exhibit 31

Average Number of Full-Time Equivalent Staff Working on Title III in State Education 

Agencies, by Title III Enrollment, 2009–10

Exhibit reads: States with more than 100,000 Title III–funded students employed an average of 8.2 FTE 

staff positions in the state education agency to work on issues related to Title III.

Note: n = 50 states and the District of Columbia.

Source: Title III Evaluation Interviews with State Title III Directors, 2009–10; Consolidated State Performance 

Reports, 2008–09.
State and District Capacity to Implement Title III 105

To address the needs of ELs and to ensure implementation of Title III requirements, officials in state 

education agencies may choose to focus EL-related responsibilities in a single office, or to spread 

responsibilities through the organization. In 2009–10, few state-level staff focused exclusively on Title III: 

For only seven state Title III directors was Title III a full-time responsibility. Twenty-six state 

Title III directors also worked on other programs related to ELs (such as migrant education or bilingual 

education), and 10 worked on Title I issues (these categories are not mutually exclusive). Additional 

responsibilities assumed by Title III staff included teacher quality, parent involvement, and drafting Race 

to the Top applications. 

When asked if their state had appropriate resources to implement Title III, officials in 16 states 

specifically mentioned staff limitations as a challenge, with regard to the number of staff devoted to 

Title III issues or their lack of expertise in issues related to ELs. One Title III director explained that 

there were no other state employees with expertise in Title III, and she herself lacked expertise: “I’m not 

a Title III, I’m not an ELL expert; my background is not in ELL. I struggle with this all the time.” In 

contrast, officials in five states described relatively high levels of expertise across their state education 

agencies, including collaboration with offices responsible for other federal programs, migrant education, 

civil rights or assessment. Officials from another three states believed that departmental expertise with 

regard to ELs was improving.100

100. Other state interviewees did not specifically mention staff expertise in response to this open-ended question.

Officials from 17 states reported close collaboration between Title I and 

Title III program offices in 2009–10.

One way in which state education agencies leverage internal expertise is to facilitate coordination 

between the Title I and Title III program staff. Both federal programs have similar substantive activities 

(standards, assessments, support for low-performing schools and districts), and Title I accountability 

includes attention to EL performance. In 2009–10, officials from 21 states reported close collaboration 

between Title I and Title III. In such cases, staff for Title I and Title III often operated out of the same 

office, coordinated monitoring and consolidated applications, and served on joint school improvement 

teams. As one state official explained, “Everything is integrated because we are the NCLB [No Child Left 

Behind Act] division; all of our programs are just intertwined. We’re not separate offices.” 

In another 26 states and the District of Columbia, officials reported some coordination (often for 

program monitoring) but noted limitations. In four states, however, interviewees reported no 

coordination among federal program offices. In one of those states, the Title I and Title III directors had 

the same supervisor, but as one Title III director stated, “That does not connote in any way that there’s 

coordination between the two. ... As far as trying to coordinate any activities, there is zero.” 

When Title III and Title I program staff did coordinate, they did so most frequently for the purposes of 

monitoring (22 states), providing technical assistance (14 states and the District of Columbia) and 

delivering professional development (8 states and the District of Columbia). Sixteen states coordinated 

activities related to the development of district improvement plans, whether for districts that were 

identified for improvement or corrective action under Title I or for Title III districts that did not meet 

annual measurable achievement objectives (AMAOs)—or both. For example, one state Title III director 

who served as a lead of a district improvement team commented, “Sitting on a district team allows me to 

remind them that they really need to analyze the data for the ELL subgroup to inform instructional 

practices, and then I also remind my other colleagues who sit on other teams that they need to maintain 

the same focus.” Title III officials also reported frequent collaboration with colleagues in other state 

 
State and District Capacity to Implement Title III 106

education agency departments, including standards and assessment (32 states and the District of 

Columbia), curriculum and instruction (six states), and special education (four states). 

District Staff Dedicated to English Learners 

Depending on district size, enrollment, and fiscal resources, district leadership may also opt to focus EL 

responsibilities in a single office, or to share such responsibilities across the organization. Note that in 

very small districts with few central office administrators, staff are required to assume multiple 

responsibilities. 

In 2009–10, on average, districts with higher EL enrollments had more staff for 

whom EL issues were a primary responsibility. 

Among Title III districts, those with fewer ELs had fewer central office staff with responsibility for EL 

issues, and those with more ELs had more associated central office staff: Districts that enrolled at least 

1,000 ELs employed an average of eight district-level staff to address EL issues, while all other districts 

employed two or three staff (see Exhibit 32). Across all Title III districts, 61 percent of surveyed 

Title III administrators reported that “lack of district-level staff expertise on EL issues” was either not a 

challenge or was only a minor challenge; while 39 percent reported that a lack of district-level expertise 

was a moderate or major challenge. Responsibilities assumed by central office administrators vary by the 

size and EL composition of the district, but such responsibilities may include management of practices 

for welcoming, screening, and testing incoming ELs; hiring instructional and support staff who work 

with ELs; determining instructional practices and curricula for ELs; obtaining, monitoring, and managing 

state and federal funds for ELs; and providing professional development on topics related to EL 

instruction. 

Among the 12 case study districts, respondents in 10 reported that the central office administrators who 

worked on EL issues had appropriate training, qualifications and expertise. Title III directors in these 

10 districts all reported they had experience as a teacher (most often a teacher who specializes in EL 

instruction), eight of them spoke a language other than English, five had advanced degrees, and four had 

lived in another country. One exception was the case study Title III consortium, in which central office 

staff had little or no background in issues related to ELs. Rather, a special education administrator saw 

an opportunity to join forces with other smaller districts to leverage professional development 

opportunities for teachers of ELs—but claimed no special expertise related to this population. 

In four of the case study districts, the Title III administrators reported that their offices were perceived 

to be powerful within the district administration. As the EL director of a very large urban case study 

district [H] commented, “The EL team is a very powerful team. ... Last year I was able to go through 

and reselect and interview our team. Our team was re-formed in July and I was able to pick the best and 

the brightest, who work so well collaboratively.” In two other districts [F, I], some of the most senior 

district leaders had progressed through their respective offices for ELs and were in a position to put EL 

issues at the forefront of district priorities. 
State and District Capacity to Implement Title III 107

Exhibit 32

Average Number of District-Level Staff With Primary Responsibility for EL Issues,

by Number of ELs, 2009–10

Exhibit reads: Districts that enrolled more than 1,000 ELs have an average of eight staff for whom 

Title III and EL issues are a primary responsibility.

Note: n = 1,369

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Fiscal Resources to Support ELs 

Although Title III funds are disbursed by formula, the 2009 per-pupil funding levels 

ranged from $457 in Pennsylvania to $86 in Alaska. 

Federal Title III funding was $730 million in fiscal year 2009 and was estimated to be $750 million in 

fiscal year 2010 (U.S. Department of Education 2011). Under Title III of ESEA, each state education 

agency with an approved Title III plan is awarded funds by formula, in proportion to the number of 

English Learners and of immigrants in the state—but not less than $500,000. In the 2009 fiscal year, 

three states (South Dakota, Vermont, and Wyoming) received the minimum state allocation. In contrast, 

California received more than $168 million and Texas more than $98 million. Despite the fact that 

Title III funds are administered on a formula basis, there was wide disparity in per-pupil funding levels. 

(Per-pupil funding levels were calculated by dividing the full state allocation by the number of Title III–

served students in each state.) For example, while the per-pupil funding level was less than $120 in seven 

states, it exceeded $300 in four states. (The weighted national mean was $151 in 2009). These disparities 

are not associated with EL enrollment: Among the states with the highest per-pupil funding levels, 

Pennsylvania enrolled nearly 28,000 ELs, while Vermont enrolled barely 1,200 (see Exhibit 33). 

One factor that helps account for some of these disparities is that Title III funding is based on data from 

the U.S. Census Bureau’s American Community Survey (see Appendix F.3), not reports of EL 

enrollment from state education agencies. While the ACS collects data on the number of ELs in a 

consistent way across states, in most states, the ACS count is different from that provided by the state 

education agency (see National Research Council, 2011, for various methods of comparing ACS counts 

of ELs to state education agency counts of ELs). Differences in survey data collection across states could 

account for some of the state-by-state differences in Title III funding. For example, if the ACS count is 

substantially lower than the state education agency count of ELs, the per-pupil Title III funding will be 

lower than in states in which the ACS count is closer to the state-reported number of ELs. 
State and District Capacity to Implement Title III 108

Despite the funding provided through Title III,101 officials in only nine states reported that they believed 

they had adequate resources to meet the needs of ELs; and another four explained that the funding 

levels were marginally adequate. Indeed, per-pupil allocations for Title III are lower than those for other 

federal programs, including Title I, Title II, and Reading First (see Chambers et al. 2009).102 State 

administrators from the remaining states and the District of Columbia cited fiscal shortfalls. As one state 

official commented, 

101. Other funding sources support the needs of ELs: For example, state education agencies receive state 

appropriations for ELs and districts may have local funding sources, as well. In addition, federal grants support specific 

activities related to ELs, such as the development of ELP assessments.

102. For example, in 2004–05, the average allocation of Title III, Part A, funds per poor child was $78, compared 

with $1,499 for Title I, Part A, funds; $357 for Title II, Part A, funds; $228 for Reading First funds; and $90 for Perkins 

funds (Chambers et al. 2009).

For Title III and for the requirements of this program, the funding level is much lower 

than it is for other types of programs. And the fact that it needs to be supplemental to 

other federal funding as well as state funding makes it pretty difficult to implement. ... I 

believe that we do need more resources to adequately serve the population nationally as 

well as in our state.103

103. The “Supplement not Supplant” provisions of Title III situate the funds as supplemental in nature to federal, 

state, and local funds. These provisions preclude recipients’ using Title III funds to pay for services that would be 

necessary for these jurisdictions to provide in the absence of Title III. 

However, state officials’ perceptions of the adequacy of funding for ELs were not related to the level of 

per-pupil Title III funds. Indeed, among the 13 state officials who reported that funding levels were at 

least marginally adequate, five were below the national median for Title III per-pupil funding ($173 per 

pupil), and eight were above the national median. 

Exhibit 33

Title III Funding, Enrollment and Per-Pupil Allocations, by State, Fiscal Year 2009

State Title III Funding Total Title III Enrollment Title III Funding per Pupil

Alabama $4,349,324 20,481 $212

Alaska $1,322,960 15,433 $86

Arizona $24,900,489 144,865 $172

Arkansas $3,331,698 27,166 $123

California $168,456,300 1,460,408 $115

Colorado $11,214,892 96,994 $116

Connecticut $5,737,252 29,573 $194

Delaware $1,168,946 6,531 $179

District of Columbia $806,780 5,269 $153

Florida $43,560,011 238,349 $183

Georgia $16,478,879 68,716 $240

Hawaii $2,666,218 19,409 $137

Idaho $1,998,276 16,697 $120

Illinois $30,906,506 179,092 $173

Indiana $6,660,567 44,773 $149

Iowa $2,769,974 18,744 $148

continued next page 

 
State and District Capacity to Implement Title III 109

Exhibit 33 (continued)

Title III Funding, Enrollment, and Per-Pupil Allocations, by State

State Title III Funding Total Title III Enrollment Title III Funding per Pupil

Kansas $3,684,318 26,979 $137

Kentucky $3,765,040 13,481 $279

Louisiana $2,951,681 11,715 $252

Maine $724,271 3,885 $186

Maryland $9,406,499 41,525 $227

Massachusetts $11,839,113 44,578 $266

Michigan $10,927,358 47,941 $228

Minnesota $7,922,699 64,490 $123

Mississippi $1,573,958 5,636 $279

Missouri $5,014,363 16,751 $299

Montana $501,875 2,145 $234

Nebraska $2,667,560 19,769 $135

Nevada $8,030,369 77,951 $103

New Hampshire $785,653 3,520 $223

New Jersey $18,324,110 52,513 $349

New Mexico $5,115,590 58,840 $87

New York $49,792,612 222,493 $224

North Carolina $14,334,922 104,619 $137

North Dakota $540,916 3,461 $156

Ohio $7,937,616 38,059 $209

Oklahoma $3,943,527 32,588 $121

Oregon $7,868,147 56,406 $139

Pennsylvania $12,756,292 27,935 $457

Rhode Island $1,926,672 9,190 $210

South Carolina $4,628,599 30,081 $154

South Dakota $500,000 3,265 $153

Tennessee $5,998,028 30,691 $195

Texas $98,711,971 712,320 $139

Utah $5,322,574 47,160 $113

Vermont $500,000 1,198 $417

Virginia $11,448,020 96,890 $118

Washington $16,488,896 87,714 $188

West Virginia $677,170 1,718 $394

Wisconsin $7,091,009 40,939 $173

Wyoming $500,000 1,773 $282

Exhibit reads: In Fiscal Year 2009, Alabama received $4,349,324 in Title III funds with an enrollment of 

20,481 Title III–funded students, resulting in an average of $212 per pupil.

Note: Title III enrollment reflects EL students who received services in a Title III language instruction educational 

program in kindergarten through 12th grade for this reporting year. The per-pupil funding reflects the number 

of Title III funded students divided by the full state Title III allocation, including the amount retained by the 

state education agency.

Source: Fiscal Year 2009–FY 2011 President’s Budget State Tables for the U.S. Department of Education, 

http://www2.ed.gov/about/overview/budget/statetables/index.html (accessed January 3, 2011); Consolidated 

State Performance Reports, 2008–09.
State and District Capacity to Implement Title III 110

In 2009–10, officials in Title III districts reported spending 45 percent of their 

Title III funds on instructional staff, and 24 percent on instructional materials, 

equipment, and technology.

Smaller proportions of Title III funds were spent on professional development (18 percent), parent 

involvement (5 percent), and instructional support staff (5 percent) (see Exhibit 34). Case study officials 

reported using Title III funds for professional development, instructional materials, instructional staff, 

extended learning time (after school or summer programs), parent involvement or technology. As one 

district official commented, “The value added is the curriculum and instruction piece, professional 

development, and parent outreach. Those are the three added pieces in how I am able to use 

Title III funds to augment support to our schools.” 

Exhibit 34

Percentage of District Title III Funds Spent on Various Purposes, 2009–10

Exhibit reads: Across Title III districts, 45 percent of Title III funds were spent on instructional staff.

Note: n = 1,289

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

In 2009–10, funding for EL services was a challenge reported by 71 percent of 

Title III districts nationally and by half of the case study districts. 

One of the most prominent challenge reported by administrators surveyed in Title III districts was 

“insufficient funding for EL services,” reported to be a moderate or major challenge by 71 percent of 

districts. Among case study districts, six reported challenges associated with recent budget cuts. 

(One district reported adequate resources to serve ELs; the other five districts did not specifically 

mention this challenge in response to an open-ended question.) For example, administrators in one large 

urban linguistically diverse district [F] explained that in 2008–09, when they were forced to lay off 

nontenured EL teachers, a 19-year-running minority language Parent Teacher Organization was 

disbanded and one school opted not to hire bilingual educational assistants despite a rapidly growing EL 

population. All the case study districts reported leveraging other funding streams to meet the needs of 

ELs, including federal sources (Title I, Title II, Title IV, the Individuals with Disabilities Education Act

[IDEA] and the American Recovery and Reinvestment Act of 2009 [ARRA]), state grants for low-performing 

schools and for ELs, and private grants. 
State and District Capacity to Implement Title III 111

Officials in three case study districts commented that that Title III funds provided a rather small 

supplement overall. For example, one large suburban case study district [E] had a budget of $25 million 

for ELs, of which approximately $1.7 million were Title III funds. Title III directors in two case study 

districts both described Title III funds as “a drop in the bucket,” adding that “there is not enough money 

and [there are] too many strings” associated with Title III. In particular, stakeholders from three case 

study districts complained that they could not use Title III funds to pay for staff to administer the ELP 

assessments required under Title III.104 These tests can be very labor intensive to administer (see Chapter 

4), and officials in these districts reported that that test administration pulled teachers out of the 

classroom for several weeks in a row. Stakeholders in another very large urban district [A] sought some 

flexibility regarding the use of funds for technology, which was capped at one-third of 

Title III expenditures. To upgrade several computers at once would have exceeded the cap, but replacing 

computers one by one was inefficient. 

104. The “Supplement not Supplant” provisions of Title III preclude the use of Title III funds for the 

administration of ELP assessments because administration of these assessments is required under Title I; see Chapter IV

of this report for further information. 

Infrastructure to Support Title III: Data Systems 

Data on students’ academic growth can provide substantial insight for instructional and policy-related 

decision-making. To enhance data utility, state systems must include a unique student identifier, data 

markers that enable disaggregation of ELs from other students and the ability to track ELs over time, 

including a period after they have exited EL status. 

In 2009–10, 40 states and the District of Columbia could disaggregate 

Title III students from other ELs, 27 states could disaggregate EL achievement data 

by ELP level, and 16 states and the District of Columbia could track former ELs for 

more than two years.

In 2009–10, officials from 49 states and the District of Columbia reported that their state data system 

had unique student identifiers; officials from 32 states reported that these systems had unique teacher 

identifiers, and 17 states reported they had the capability to link data on teachers and their students, 

although six of these states opted not to do so. Indeed, officials from only one state reported conducting 

a systematic analysis of teachers of ELs. 

The capacity to disaggregate data by student subgroup is another important feature of state data systems. 

In 2009–10, all states and the District of Columbia could disaggregate by the subgroups required for 

adequate yearly progress (AYP) under Title I. In addition, officials from 40 states and the District of 

Columbia reported having a data system that could disaggregate Title III EL students from all ELs.105

Officials in 27 states reported that their data systems had the capacity to disaggregate achievement data 

by ELP level. Officials from seven other states reported that their state data systems had the capacity to 

do so but that they did not do this. Two additional states reported that they were in the process of 

designing a data system that had this function. 

105. State education agencies are required to report Title III EL enrollment separately from all other ELs in the 

Consolidated State Performance Reports to the U.S. Department of Education. Not all ELs are enrolled in districts that 

receive Title III subgrants, most often because enrollment numbers are too low.

Although states could disaggregate the EL subgroup, some key data related to ELs were housed in 

separate data systems—in the past, states often had siloed data in separate systems established for 

different purposes but are now pushing to merge all information into a single, more user-friendly data 

 
State and District Capacity to Implement Title III 112

warehouse. In 2009–10, officials from 31 states reported that each of their respective states had a single 

data system containing information on each student. In contrast, 17 states and the District of Columbia 

had multiple data systems at the state level, with a separate data system for items specific to ELs. 

(Officials in two states reported they were moving toward a single data system at the time of data 

collection.) Only one of the states and the District of Columbia were reportedly in the process of moving 

toward a single data system. 

In 2009–10, officials from 36 states reported that their state data system(s) had the ability to link 

different types of assessment results, for example, the state ELP assessment and mathematics content 

results. However, two of the 36 states were not using this capability. Moreover, six states reported that 

they were in the process of designing data system(s) that had this capability. 

Under Title III, (Title III, Part A, Section 3121(a)) states are required to ensure that subgrantees track 

and report the academic performance of students for two years after they exit a Title III program, and all 

states and the District of Columbia could do so in 2009–10. In addition, 16 states and the District of 

Columbia reportedly tracked former ELs for more than two years after they exited from EL services, 

whereas officials from 16 additional states reported that their data systems had the capacity to do so, but 

that the states did not do this. Three other states were in the process of designing a system that could 

track former ELs for more than two years after they exited services. The remaining 15 states did not do 

so. 

State officials most often reported using EL-related data from the state data system for AMAO 

calculations and accountability (29 states) and for federal reporting (18 states), with officials from 

nine states reporting both uses. These data were also reportedly used to make decisions regarding 

professional development or technical assistance offered by the state (10 states), determine funding 

(eight states), calculate AYP (five states), provide demographic information (four states), identify needs 

of the students (three states), and assess programs that were currently being implemented (three states). 

State Efforts to Build Local Capacity

Although state education agencies themselves have varying levels of capacity, they have the obligation to 

provide support and technical assistance to Title III districts. Indeed, states may set aside 5 percent of 

their Title III allocation for the purposes of supporting districts. The next section discusses technical 

assistance from the perspective of state officials and then reviews data from district officials on the same 

topics. 

State Technical Assistance to Title III Districts 

In 2009–10, all states reported providing some technical assistance to 

Title III districts, regardless of AMAO status.

All states reported providing some technical assistance to Title III districts, although this assistance 

varied in terms of frequency, content and mode of delivery. Officials in 18 states reported that they 

provided support through phone or email, responding to requests as necessary—as one Title III director 

explained, “Not a day goes by that we are not communicating with our local Title III offices.” Another 

17 states provided technical assistance through an annual conference for Title III grantees (which might 

include administrators and teachers); another nine relied on regional organizations (such as the Area 

Education Agencies in Iowa) to deliver support to districts. Some state officials specified that their 

regional education service centers had an “ESL point person,” while New York has developed a set of 

intermediary organizations—the Bilingual Technical Assistance Centers—which provided customized 
State and District Capacity to Implement Title III 113

support to local subgrantees. Seven states reported that they provided technical assistance in conjunction 

with monitoring activities. 

With regard to the topics addressed through technical assistance, state officials reported that they 

provided information on ELP standards and assessments, including appropriate accommodations 

(10 states); instruction and “best practices” for teaching ELs (nine states); updates about 

Title III definitions, use of funds, and reporting requirements (eight states); and analysis and use of data 

(eight states). In addition, five state officials noted that they provided training specifically for new 

Title III directors at the local level.106

106. Note that the categories in this section are not mutually exclusive and do not sum to 51. Although Hawaii is a 

single-district entity, it is included in these counts because the state education agency provides support to the local units 

(complex areas), even though they are not Title III subgrantees.

Technical Assistance Received by Title III Districts and Schools 

To build local capacity to better meet the needs of ELs, educators and administrators in Title III districts 

received technical assistance from state education agencies, regional assistance centers, developers of 

ELP standards, and not-for-profit organizations. 

The most common topic on which district officials reported receiving technical 

assistance was EL assessment (71 percent of Title III districts), followed by effective 

approaches for English language development (63 percent of Title III districts). 

District may receive technical assistance from different types of organizations, including state education 

agencies, regional support agencies, universities, or other experts. In 2009–10, three of the top five topics 

of such assistance were related to instruction, including approaches for English language development 

(ELD) (reported by 63 percent of surveyed Title III district administrators), effective training for 

teachers of ELs (58 percent), and effective content-area instructional approaches (58 percent) (see 

Exhibit 35). Meanwhile, officials in only 22 percent of Title III districts reported receiving technical 

assistance on the instruction of recently arrived ELs in secondary schools. 

 
State and District Capacity to Implement Title III 114

Exhibit 35

Percentage of Districts Receiving Technical Assistance on EL-Related Issues, 2009–10

Exhibit reads: Seventy-one percent of Title III districts reported that they received technical assistance 

focused on the assessment of ELs.

Note: n = 1,388–1,398

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

All but one of the case study districts reported receiving support from outside the district, including 

from the state education agency, not-for-profit organizations or networks of other 

Title III administrators. The exception was the Title III consortium, with very few ELs; consortium 

administrators indicated that they had access to technical assistance but rarely availed themselves of this 

support. Officials in four case study districts reported receiving technical assistance from the state (but in 

two of these, administrators mentioned that they would prefer more sustained support from the state 

education agency). Central office staff in another four districts reported receiving support from external 

not-for-profit organizations, and two relied on regional assistance centers within the state. In 

three districts, the Title III directors reported that they benefitted from a network, or “critical friends 

group” of other Title III administrators. For example, one Title III director from a large suburban 

district [E] explained that he participated in a roundtable of other Title III administrators from 

neighboring districts, both rural and urban. He reported that it was helpful to learn from colleagues with 

similar responsibilities, many of whom had been in their positions for far longer than he had. 

Among the 12 case study districts, seven reported that they provided technical assistance to schools 

through curriculum development, training, translation services, parent outreach, and support for testing 

of ELs. As one administrator from a very large, linguistically diverse district [A] explained, 

It’s almost like an umbrella of people supporting networks of schools. For example, in a 

group of 25 schools, they have central office [designated specialists], and ELL specialists 

in their [part of the city]. So the principals are getting a lot of attention and support as 
State and District Capacity to Implement Title III 115

well as the teachers. And we work with almost every office in the [district central office] 

to make sure the work permeates ... every area, high schools, new schools, even charter 

schools. 

State and District Efforts to Support Teachers of English Learners

For more than a decade, studies of the teachers of ELs have pointed to shortcomings with regard to 

their preparation and ongoing professional development. Data from the 1997 Schools and Staffing Survey

showed that 30 percent of teachers who had ELs in their classrooms had training for working with these 

students. Lewis, Parsad, Carey, Bartfai, Farris, and Smerdon (1999) found that most teachers who taught 

ELs and other culturally diverse students did not feel that they were well enough prepared to meet their 

students’ needs. In 2005, Gándara, Maxwell-Joly, and Driscoll reported on a study of teachers of ELs in 

California, in which they found that many EL teachers had little or no professional development focused 

specifically on the needs of ELs. Indeed, among teachers who taught a majority of ELs, 43 percent had 

only one professional development session focused on the instruction of ELs over the previous 

five years. A nationally representative survey of teachers in 2006–07 found that, while 66 percent of 

teachers of ELs107 had at least one college course in instructional strategies for ELs, only 3 percent of 

teachers of ELs had a degree in a field related to the instruction of ELs. This same study found that in 

2006–07, officials in 7 percent of districts, nationally, reported that instructional strategies for ELs was a 

major emphasis of professional development in their districts (Birman, et al. 2009). 

107. In this study, teachers of ELs included those who those who taught at least one of the following types of 

classes: (1) ESL class, (2) sheltered content class for ELs—regular academic content delivered using basic English, 

(3) bilingual class, and (4) class taught in student’s primary language (other than English).

State Policies Regarding Teachers of English Learners 

Ensuring that teachers of ELs—including ESL teachers, bilingual teachers, and mainstream classroom 

teachers—have the appropriate qualifications and expertise to teach ELs is a central capacity-building 

role of state education agencies. One of the main mechanisms for carrying out this role is through 

certification requirements. In addition, under Title III, states are required to ensure that teachers of ELs 

have attained fluency in English. 

In 2009–10, 41 states and the District of Columbia required ESL teachers to have an 

ESL certification or endorsement. 

Overall, in 2009–10, 49 states and the District of Columbia offered an ESL certification or endorsement, 

and in 41 of these, such certification was required for ESL teachers. In another three states this 

certification was recommended. In five states, ESL certification was not required, although the states did 

offer such certification or endorsements. With regard to the type of certification, 45 states required or 

recommended an ESL or Teachers of English to Speakers of Other Languages (TESOL) certification, 

and in 20 of these, bilingual certification was also an option. 

In states with high concentrations of ELs, mainstream classroom teachers are likely to encounter ELs at 

some point in their instructional careers. For this reason, some states have opted to incorporate 

EL-specific training into the certification requirements for all teachers. In 2008–09, five states (Alaska, 

Arizona, California, Florida, and New York) required all general education, mainstream teachers to 

complete course work in methods of teaching ELs (National Council on Teacher Quality 2009). 

 
State and District Capacity to Implement Title III 116

In 2008–09, 11 states offered incentives to encourage teachers to earn a license in ESL or to obtain an 

endorsement (Education Week 2010). For example, in Texas, the state provides tuition assistance to train 

teachers in ESL or bilingual education. 

As of the 2009–10 school year, all 50 states and the District of Columbia had 

established requirements for teachers to demonstrate their English fluency; the 

majority (36 states and the District of Columbia) require teachers to demonstrate 

their fluency through university certification or licensure. 

According to Title III (Title III, Part A, Section 3116(c)), teachers who teach in programs for EL 

students funded under Title III of ESEA must have fluency, including written and oral communication 

skills, in English and any other language in which they provide instruction. Data collected from 

Title III officials in 2006–07 and 2009–10 indicated that all 50 states and the District of Columbia had 

established English fluency requirements for teachers (Taylor et al. 2010). These requirements ranged 

from university certification or licensure to passing a specific English language fluency assessment to 

earning a local assurance. Thirty-six states and the District of Columbia required nonnative 

English-speaking teachers to demonstrate their English fluency through university certification or 

licensure. Of these, 23 states also required a specific English language fluency assessment. Two states 

required only a specific assessment, not the additional university certification or licensure. The remaining 

12 states relied solely on assurance from the district that teachers have demonstrated fluency in English. 

Fewer states established fluency requirements for languages other than English. Of the 39 that did so, 

the greatest proportion relied on local assurance or on university certification or licensure, plus an 

additional assessment. According to state Title III officials, in 2009–10, 12 states had no fluency 

requirements, 16 states and the District of Columbia relied solely on local assurance; 16 states required 

that teachers demonstrate their fluency in languages other than English through both university 

certification or licensure, plus a specific language assessment; three states required primarily a specific 

language assessment; and three states required primarily university certification or licensure. 

In 2009–10, officials in more than half the states (33) reported providing some 

professional development for mainstream teachers of ELs. 

However, in five of these states, professional development for mainstream teachers simply meant they 

were invited to participate in state-sponsored professional development for teachers of ELs. Officials 

from five states reported collaboration with universities to offer course work on instructional practices 

related to ELs, and another five reported efforts to engage mainstream teachers through online course 

work or television. However, one state official, reported cutting back on such professional development 

due to budget constraints. He explained that the state had to cancel a day of statewide professional 

development in EL issues because 11 of the 19 participating districts had scheduled a required furlough 

day at the same time. 

District Capacity: Providing Qualified Teachers for English Learners 

Because districts are closer to schools than are state agencies, local officials play a bigger role in 

supporting teachers and fostering effective instructional practice. Although state departments may 

establish incentives to recruit teachers for hard-to-staff subjects or schools, districts take responsibility 

for enticing job applicants, keeping faculty in schools, and ensuring that their skills are current. The 

following discussion focuses on teacher capacity and district efforts to recruit, retain, and support 

qualified teachers for ELs. 
State and District Capacity to Implement Title III 117

In 2009–10, officials in 74 percent of Title III districts reported that all teachers 

serving ELs108 were fully certified for their positions. However, in 73 percent of 

Title III districts, officials reported that “lack of expertise among mainstream 

teachers to address the needs of ELs” was a moderate or major challenge.

108. The survey questions asked district respondents about “any teachers serving ELs,” without specifying whether 

core content teachers or ELD teachers.

Among Title III districts, 74 percent reported that all teachers of ELs were fully certified for their 

positions, and in only 7 percent of districts were more than 10 percent of teachers of ELs not fully 

certified for their positions (see Appendix F, Exhibit F.7). According to an index of overall teacher 

qualifications,109 Title III districts located in urban areas, those with the highest poverty levels and those 

with the highest concentration of ELs had the lowest levels of qualified teachers (see Exhibit 36). 

109. The teacher qualification index is a measure of whether districts reported that all, more than 90 percent, or less 

than 90 percent of their EL teachers (1) were fully certified for their positions, (2) had more than one year of experience 

teaching ELs, and (3) had demonstrated English-language fluency. The scale ranged from 0–6. The higher the number, 

the more qualified the teachers were. 

Exhibit 36

Index of Teacher Qualifications to Serve ELs,

by Urbanicity, Poverty, and EL Concentration, 2009–10

Exhibit reads: The average index of teacher qualification was 5.0 out of a possible 6.0. Districts in towns or 

rural locations averaged 5.1.

Note: n = 1,334–1,394.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

However, it appears that “full certification” is not equivalent to “adequate expertise” from the 

perspective of district EL administrators: Among those surveyed, 73 percent reported that “lack of 

expertise among mainstream teachers to address the needs of ELs” was a moderate or major challenge. 

 
State and District Capacity to Implement Title III 118

Administrators from a very large urban district [H] clarified this distinction between appropriate 

certification and implementation of instructional practices to support ELs: “It’s not that we lack certified 

teachers,” one district official explained, “it’s the time involved in deliberate planning and instruction and 

the collaboration needed. To meet the linguistic demands of ELLs requires a lot more time for planning 

and pooling of resources.” A colleague added, “At the high school, I don’t see evidence that teachers are 

aware or making change to what they do. They might know the name of [strategies to support ELs] but 

there’s not a whole lot going on in changing lesson delivery to accommodate ELs.” Overall, among case 

study districts, interviewed officials had mixed opinions about whether teachers had appropriate skills 

and expertise to meet the needs of ELs. 

In districts in which administrators expressed confidence in the skills of their teaching staff, respondents 

often attributed the quality of their teaching force to geographic and contextual factors that enabled 

them to recruit and retain high-caliber teachers. For example, at least one case study district [E] was 

located near a number of universities that offered teacher education programs and other professional 

development opportunities for capacity building. Respondents in a consortium of eight small districts 

[C] cited their proximity to a major metropolitan area as an asset when recruiting teachers. Another very 

large urban case study district [H] required that all teachers have certification to provide instruction to 

ELs, and had begun to dismiss teachers who did not have such certification. 

Other districts grappled with the inequitable distribution of EL teachers among their own schools. In 

one case study district, central office staff acknowledged that “Many high poverty secondary schools are 

staffed with more underprepared or not highly qualified teachers than low poverty, low minority, and 

higher achieving schools,” and one principal noted, “There is no mechanism to ensure the most skilled 

EL teachers are assigned to schools with the most EL students.” Two districts had strategies to counter 

such imbalances: A medium-size rural district [D] assigned teachers to schools on the basis of the 

number of ELs and of the ELP levels, whereas a large urban district [F] offered targeted professional 

learning opportunities to “focus on building the skills of whoever is there to be able to best meet the 

needs of the students.” 

Challenges Recruiting and Retaining Qualified Teachers 

Although Title III districts reported that most of their teachers of ELs had appropriate qualifications, 

there were still categories of teachers that they could not easily secure. 

In 2009–10, officials in more than half of Title III districts reported difficulty recruiting 

secondary content-area teachers with training to provide instruction for ELs.

Among the Title III districts for which this was an applicable category,110 54 percent reported difficulty 

recruiting secondary teachers with appropriate training for providing instruction to ELs. Other staff that 

were a challenge to recruit—in about half of Title III districts—included teachers with native language 

skills and counselors with training to serve ELs (see Exhibit 37). 

 110. For each of the categories in this exhibit, some district officials reported that the category was “not applicable.” 

For example, a district might not be currently recruiting counseling staff, so this would not be reported as a challenge.
State and District Capacity to Implement Title III 119

Exhibit 37

Percentage of Title III Districts Reporting Difficulty Recruiting

Different Types of Staff Focused on ELs, 2009–10

Exhibit reads: In 2009–10, 54 percent of Title III districts (for whom this category is applicable) reported 

difficulty recruiting secondary content teachers with training in serving ELs.

Note: n = 1,401–1,407.

Districts that responded “not applicable” are not included in this exhibit.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10. 

In five of the twelve case study districts, respondents reported that the recruitment of teachers to serve 

ELs was a challenge. In four of these five districts the most critical shortage area was certified bilingual 

teachers, particularly at the secondary level. Notably, this challenge was reported among districts that 

otherwise did not struggle with recruitment of teachers to serve ELs. For example, administrators in a 

medium-size suburban district [E] indicated that they had no major recruitment challenges, except with 

regard to teachers with bilingual certification for their Chinese dual-language program. Similarly, 

administrators in a large urban district [F] described few challenges regarding recruitment of teachers to 

serve ELs; however, they reported difficulty finding teachers with any certification who had the same 

ethnic background and native language as those of their diverse EL population (e.g., Somali, Karen). 

Administrators in three of these case study districts attributed their recruitment problems—by no means 

specific to teachers of ELs—in part to their undesirable location, which made their vacancies less 

attractive to potential candidates. As a result, administrators in one small rural district [L] had shied away 

from requiring its teachers to hold any sort of ESL, TESOL or bilingual certification, primarily because 

teacher recruitment of any kind was such a challenge. 

Similarly, administrators in a large urban district [B] attributed their district’s lack of ESL and bilingual 

staff to its location, a dearth of staff that had been exacerbated by a recent rise in EL numbers. The 

district EL director reported advertising for teaching positions but not finding any applicants. As a result, 

the lack of qualified teachers had left administrators with few alternatives. One elementary school 

principal in this district explained: 

It is hard to find teachers who have dual certification in general education and bilingual 

or special education and bilingual. ... In my school, we have two teachers who have not 

met state Spanish course certification. I have to work with them the best as I can. If I let 

them go, we will have subs who don’t speak the language or who don’t know how to 

handle children. I have to take whoever I can get. 
State and District Capacity to Implement Title III 120

Administrators in two case study districts reportedly encountered major challenges in retaining teachers 

of ELs. Inexperienced teachers in a large suburban district [J]) were often employed in underperforming 

schools that had high concentrations of ELs. Officials in this district reported that, after gaining some 

experience, many of these teachers would transfer out to higher achieving schools; the EL coordinator 

indicated that this was particularly the case for secondary teachers of classes with EL beginners and early 

intermediates. In fact, this district was called “the staff development center for other districts” because 

they trained teachers who then left for higher paying districts. A small rural district [L], which also 

struggled with retention issues, had a turnover rate of 25 percent, which administrators attributed to their 

reliance on Teach for America teachers. 

District Strategies to Recruit and Retain Qualified Teachers 

In response to these challenges, Title III districts across the country were active in devising strategies to 

recruit, retain, and support teachers with the qualifications and skills to provide instruction for ELs. 

In 2009–10, 87 percent of Title III districts reported implementing at least 

one strategy to recruit and retain highly qualified teachers of ELs.

The most frequently reported strategy to support teachers of ELs was the provision of financial 

incentives, such as stipends for course work or paid release time to pursue advanced course work 

(43 percent of Title III districts). In addition, about one-third of Title III districts established 

partnerships with universities (35 percent), and a third developed teacher induction programs specifically 

for teachers of ELs (32 percent). Fewer districts (12 percent) reported financial incentives to recruit 

teachers, such as signing bonuses or housing incentives (see Exhibit 38). 

Exhibit 38

Percentage of Title III Districts Using Various Incentives to Recruit and Retain Teachers 

Who Are Highly Qualified to Provide Instruction to ELs, 2009–10

Exhibit reads: Forty-three percent of Title III districts provided financial incentives to support training 

related to the instruction of ELs.

Note: n = 1,334–1,394. 

Categories are not mutually exclusive; respondents could select multiple response options.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
State and District Capacity to Implement Title III 121

One very large urban district [A] in the case study sample was particularly active in its recruitment efforts 

to attract teachers with the skills and qualifications required to teach ELs. This district had identified 

ESL and bilingual education as a critical teacher shortage area. The district EL director emphasized that 

all teachers need to be prepared to work with ELs since “every teacher will see ELLs in this city.” In an 

effort to meet this goal, the district employed a staff person working 50 percent time to collaborate with 

local universities on teacher preparation to teach ELs. The district also worked with universities to 

recruit teachers. There were a number of alternative route programs for college graduates and career 

changers who do not hold a certification. Financial incentives were awarded to teachers that take on 

hard-to-staff assignments, and experienced bilingual teachers were eligible to receive housing support 

grants if they commit to three years of service in a high-need school. The district also operated a loan 

forgiveness program for teacher shortage areas, which includes ESL and bilingual education. Job fairs 

were another method used to recruit teachers, communicating to potential candidates the extra benefits 

this district has to offer. However, despite all these recruitment efforts, the district ELL director 

admitted, “It’s still not enough.” 

Administrators in two small districts mentioned running alternative route programs, for example, to 

sponsor paraeducators currently employed by the district. Administrators in three districts indicated that 

they recruited internationally for teaching positions. Last, in their efforts to attract teachers to the district, 

officials in two case study districts highlighted supports for newly hired teachers, such as inclusion in a 

first-year teacher mentoring program and financial incentives, although these were not specific to 

teachers of ELs. 

Respondents in four case study districts explicitly stated that they managed to hold on to their teachers 

of ELs, attributing their low turnover rates to support, professional development opportunities and 

differential pay offered to those with certain desirable certifications or endorsements (e.g., TESOL, 

bilingual). One very large urban case study district [H] enacted many supports for EL teachers, including 

an induction program for new teachers, opportunities to seek more advanced credentials, and pay 

increases associated with obtaining National Board Certification. Administrators in this district also 

reported strong retention rates among paraprofessionals that the district recruited from their own 

neighborhoods through their career ladder program, moving them through the credentialing to be 

classroom teachers. Another large case study district offered differential pay for teachers who had 

obtained a bilingual or TESOL endorsement. Officials in this district reported that one of every 

four teachers held this credential, and attributed the high retention rate in the district to this financial 

incentive. 

Professional Development

High quality professional development, as defined under ESEA, includes activities that 

Are high quality, sustained, intensive, and classroom-focused in order to have a positive 

and lasting impact on classroom instruction and the teacher’s performance in the 

classroom; and are not 1-day or short-term workshops or conferences. ... (Title IX, 

Section 9101(34)). 

According to the law, professional development also includes activities that improve and increase 

teachers’ knowledge of the academic subjects they teach and enable teachers to become highly qualified. 

Professional development further includes activities that advance teachers’ understanding of effective 

instructional strategies and activities that are an integral part of broad schoolwide and districtwide 

educational improvement plans. 
State and District Capacity to Implement Title III 122

In 2009–10, 91 percent of Title III districts reported that they had increased teacher 

professional development on EL issues since September 2008.

Only 9 percent of Title III districts did not increase professional development on EL issues. The few 

Title III districts that did not increase professional development on EL issues tended to be smaller, and 

to enroll fewer ELs: While the districts that increased professional development enrolled an average of 

1,388 ELs, those that did not increase professional development enrolled an average of 379. 

In all case study districts, respondents reported that teachers of EL students 

participated in professional development activities to strengthen their knowledge 

base and hone skills to better equip them to serve ELs. 

Overall, the subsample of teachers who participated in focus groups in case study districts reported 

involvement in job-embedded types of professional development related to ELs—study groups, 

coaching, professional learning communities (PLCs), and peer review—more often than traditional 

workshops. PLCs reportedly met regularly in four of the districts, and respondents in six districts 

mentioned that teachers received coaching weekly, daily or as needed. In addition, respondents in 

two districts mentioned traditional, one-time workshops paired with recurring, reform-type applied 

learning opportunities (e.g., monitoring with feedback, coaching, push-in support) to ensure transfer of 

acquired knowledge to classroom practice. 

School and district administrators in six districts indicated that some of their own teachers emerged as 

leaders in providing other staff with professional development on instructional methods to teach ELs or 

by serving as mentors to new teachers. For example in a medium-size suburban district [E], ESL teachers 

reported offering regular “in-house” training on how content-area teachers could better meet the needs 

of ELs in their classes. In addition, respondents in two districts specifically mentioned appointing either 

a lead EL teacher or a small team to provide informal EL professional learning opportunities to all 

school staff. In a very large urban district [H], this initiative was implemented from the top down, and 

Title III funds were used to support a lead teacher at each school who could work with departmental 

teams to ensure that specific strategies were being employed to meet ELs’ needs. Opportunities such as 

these allowed teachers across subject areas to discuss specific ELs’ needs and progress, and fostered a 

shared professional culture. 

Teachers in case study districts with very few ELs had fewer professional development opportunities 

focused on instruction of ELs. In the case study consortium, teachers who specialized in EL instruction 

described day-long, monthly professional development (funded by Title III) as being an effective mode 

of professional development. Because of these activities were full-day, regular events, participating 

teachers had the opportunity to conduct joint lesson planning and collaborate in the mapping of their 

curriculum to state ELP and content standards and to the state assessment. Unfortunately, respondents 

in the consortium districts indicated that due, to financial constraints, the professional development 

stopped during the 2009–10 school year, despite the reported effectiveness of the sessions. 

With regard to more formal professional development activities, two of the most commonly mentioned 

topics were the state ELP standards and the Sheltered Instruction Observation Protocol (SIOP)111

model. With respect to the latter, respondents interviewed in five of the 12 case study districts 

mentioned that their district offered training in SIOP, and a sixth planned to roll out SIOP training in 

2010–11. 

 111. See Chapter 3 for a description of the SIOP model.
State and District Capacity to Implement Title III 123

Recognizing shared responsibility for ELs among all teachers, half the case study 

districts implemented strategies to develop the skills of all teachers to better 

support ELs.

The deputy superintendent in a medium-size rural district [I] voiced the need for shared responsibility 

for ELs among all teachers, which was echoed in other districts as well: “If every teacher in this district 

can’t hold their weight—and there’s not a room in this district that doesn’t have an EL student in it—

then we’re in trouble.” Working toward this goal, four other case study districts adopted different 

approaches to build mainstream teacher capacity. These included requirements for all teachers without 

ESL certification to attend a 48-hour training on instructing ELs and incorporating best practices for 

teaching ELs into ongoing professional development for content-area teachers. Another district 

encouraged teachers to enroll in free intensive training institutes through local colleges and universities. 

Finally, one of the very large urban districts [H] in the case study sample developed and implemented a 

tool that would enable content-area teachers to incorporate Specifically Designed Academic Instruction 

in English (SDAIE) strategies into their classroom and to better perceive language demands associated 

with their lessons. 

Chapter Conclusions

The findings in this chapter illustrate wide-ranging reported capacity levels to support ELs, both at the 

state and district levels. State and district officials are making use of limited resources to support ELs, 

and are still grappling with notable challenges. However, respondents in states and districts also reported 

increased awareness of issues related to ELs. 

At the state level, officials face serious staffing constraints: The majority of states have fewer than 

two FTEs working on EL issues, even in some populous states. Federal Title III funding has been 

relatively low compared to that for other federal programs,112 particularly considering the requirements 

for standards, assessment, and accountability that are associated with Title III. As one state official 

explained, 

112. In Fiscal Year 2009, Title III funds totaled $730 million, while Title I, Part A, funds totaled $14.5 billion and 

Title II, Part A, funds totaled $2.9 billion (U.S. Department of Education 2011).

These folks [Title III staff] work phenomenal hours, put in exceptional time, are very 

sensitive to their stakeholders but there’s just not enough of them to go around. And our 

stakeholders are aware of that and are very appreciative of anything and everything they 

can do but in terms of staffing we do not have enough. In terms of dollars ... certainly 

Title III dollars have helped. 

At the district level, Title III dollars helped pay for instructional staff, instructional materials, technology, 

and professional development—all of which were reportedly appreciated by local administrators. 

However, nearly three-quarters of district Title III administrators reported that insufficient funding for 

EL services was a moderate or major challenge, and case study districts provided evidence of painful 

program cuts. 

 
State and District Capacity to Implement Title III 124

With regard to teacher capacity, district officials reported that, while most teachers were appropriately 

certified to provide instruction to ELs, nearly three-quarters of surveyed district officials also reported 

that a lack of expertise among mainstream teachers was a challenge. Certification requirements may help, 

but officials in case study districts reported a lack of consistency in infusing EL instructional strategies 

into mainstream classrooms. 

Thus, although respondents at all levels pointed to improvements—increased awareness of the needs of 

ELs, improved measurement and data systems—organizational capacity to meet the needs of ELs in 

American schools is uneven and still a work in progress. 
Conclusion 125

VII. Conclusion

This evaluation sought to provide a greater understanding of how Title III provisions are currently being 

implemented in states and districts across the United States. In particular, the study examined states’ and 

districts’ implementation of major components of the law around the identification, placement, and exit 

of EL students; the instructional strategies, services, and models used to support EL students; the 

development and use of state ELP standards and assessments; the development and implementation of 

AMAOs; and states’ and districts’ capacities to support EL students’ English language acquisition and 

academic achievement. In addition to examining the manner and extent to which states and districts 

were implementing the Title III provisions, this study explored the “value added” of Title III, or the 

potential contribution of Title III to the education landscape and context in which EL students are 

served. The data collected are primarily self-reported data, and the research team did not conduct any 

qualitative evaluation of the effectiveness or quality of the actions described by interview respondents. 

The data that were collected and analyzed raise complex issues and potentially important policy 

implications as the nation enters into a time of change associated with the anticipated reauthorization of 

ESEA; the adoption of the Common Core State Standards; the recently awarded multistate testing 

consortia (the SMARTER Balanced Assessment Consortium and the Partnership for the Assessment of 

Readiness for College and Careers); and the potential awarding of grants for the development of English 

language proficiency assessments that are aligned with the national Common Core State Standards. The 

findings from this evaluation suggest that state and district educational systems that have developed 

around ELs consist of interconnected components and that the above changes in standards and 

assessments will likely lead to additional related changes to other components of these systems as state 

and district officials strive to align and coordinate their policies and practices. 

State and District Compliance With Title III Provisions

The data collected for this study demonstrate that states and districts are largely complying with the 

major provisions of the law. In 2009–10, Title III officials in 45 states and the District of Columbia 

reported that their state’s ELP standards had been linked to or aligned with state content standards in at 

least one or more core subject. Forty-eight states and the District of Columbia had also completed a 

process to align the state ELP test with the state ELP standards and the remaining two states indicated 

plans to do so—although information on the quality of these processes lies outside the scope of this 

report. In addition, on average, over 90 percent of ELs in each state had participated in the state ELP 

test, according to 2008–09 state reports. Similarly, all states with Title III districts that had missed 

AMAOs for two consecutive years reported requiring those districts to develop an improvement plan, 

and 94 percent of those districts reported developing an improvement plan as well as notifying parents 

of their status. 

However, states, and districts remain challenged in some aspects of implementation. For example, 

although states and districts reported providing training in the ELP standards, survey data collected in 

2006–07, as well as data collected through case studies in 2009–10, indicated that local educators and 

general educational staff could use more support in meeting ELs’ needs in the classroom. 

Title III requires districts to provide ELs with language instruction educational programs that have 

demonstrated effectiveness in increasing English proficiency and academic achievement in the core 

subjects (ESEA, Section 3115). However, identifying research-based programming for ELs appears to 

be a difficult task for many districts. Officials in 46 percent of Title III districts reported that a lack of 

proven curricula and programs for ELs was a moderate or major challenge. Likewise, interviewees and 
Conclusion 126

focus-group participants from the 12 case study districts reported limited information about the 

effectiveness of their programs. Furthermore, although states and districts collected and used ELP 

assessment data to drive policy and practice, respondents raised concerns about the validity of the data 

collected and about whether the amount of time allocated to testing helped to improve instruction for 

ELs or detracted from it. Another aspect of implementation that challenged some states was the 

timeliness of AMAO performance notification to districts: 19 states reported that they would not notify 

districts of their AMAO results until December or later in the 2009–10 school year. 

Variation in State and District Capacity

Despite the widespread compliance with Title III provisions, findings illustrate a wide range of capacities 

to support ELs, reported both at the state and district levels. The variation in state and district capacities 

may in part be due to the different “stages” at which states were in doing their work. While some states, 

like California and Texas, have had a long history of serving ELs, several states have experienced rapid 

increases in their EL populations in recent years and are still in the process of building state- and 

district-level expertise, as well as political support and awareness around EL issues. Regardless of their 

history, findings indicate that state and district officials were confronting challenges associated with lack 

of capacity as they made use of limited resources to support ELs and grappled with notable challenges 

around building robust data systems and recruiting and retaining staff with sufficient expertise in EL 

issues and instruction. At the state level, officials faced serious staffing constraints: The majority of states 

had fewer than two FTEs working on EL issues, even in some populous states. At the district level, 

one of the most prominent challenges reported by administrators in Title III districts was “insufficient 

funding for EL services.” 

Balancing the Tension Between Consistency and Flexibility

Perhaps the most significant struggle states and districts encounter is the sheer diversity of the students 

comprising the EL subgroup. States and districts must decide how best to serve an EL population that 

includes students who speak a variety of languages, have different prior educational experiences, and 

who require different levels of language and academic support. Moreover, by definition, the EL 

subgroup is one whose membership is in flux. Students are identified as ELs because of their limited 

English proficiency, and they are expected to reach proficiency and exit EL status within a period of 

time. This means that while new students are constantly entering the subgroup, others are moving out. 

This dynamic subgroup membership has implications for interpretations of subgroup progress and 

accountability measures, and also underscores the importance of both entry and exit criteria. 

States and districts have to balance a commitment to equity and consistency with the desire to respond 

to the particular needs of individual children. They also have to navigate the tension between establishing 

a system that provides adequate consistency and transparency and at the same time allows for the 

complexity of the identification, exit, and accountability process for ELs. For example, a single EL 

identification or exit criterion is much easier to understand and communicate—and also more likely to 

be applied consistently. However, a single criterion may oversimplify the notion of proficiency and 

insufficiently represent a student’s performance across domains and contexts. Some states emphasize 

consistency in their policies while others allow for more local discretion in decision-making, an approach 

which may be grounded in traditions of local control or in the desire to afford local educators greater 

flexibility to respond to the varying needs of individual ELs, EL populations, or other contextual 

influences. The resulting differences across states and across districts within states in how students are 

identified for and exited from EL status and services has implications for both instruction and 

accountability. For example, the uneven identification of ELs across the country presumes the uneven 
Conclusion 127

receipt of services, potentially undermining meaningful access to educational programs and activities. 

(For example, see Title VI of the Civil Rights Act of 1964; Equal Educational Opportunities Act of 1974). This 

inconsistency also creates difficulties in making meaningful comparisons in districts’ abilities to meet 

accountability requirements of the EL population under Title III and Title I. 

The tension between consistency and flexibility also arises with respect to the development and 

implementation of states’ AMAOs. In the years following states’ initial implementation of AMAOs, 

these Title III performance objectives increasingly underwent revision as states made advancements to 

their ELP assessment infrastructure, acquired additional years of ELP assessment data, and gained access 

to new guidance and research. The nature of these revisions varied, ranging from small adjustments in 

AMAO targets to a complete overhaul in the way the state defined and calculated its AMAOs. The 

fluctuation in these objectives points to a tension between the utility of adjusting AMAOs to increase 

their validity and the utility of promoting a stable set of performance objectives that can guide and 

motivate improvement over time. However, an important implication of such widespread revisions is 

that states’ criteria for meeting AMAOs may differ from one year to the next; thus, it is often 

inappropriate to compare AMAO performance results across years. 

The “Value Added” of Title III

In 2001, when Title III of the Elementary and Secondary Education Act (ESEA), as amended by the No Child 

Left Behind Act (NCLB), was first enacted, it changed the accountability landscape for EL students. For 

the first time, federal law required states to develop ELP standards, to adopt valid and aligned ELP 

assessments, and to measure ELs’ progress toward and attainment of English proficiency. For many 

states, this was a dramatic shift in their approach to serving ELs. Title III provided dedicated formula 

funds to support EL services, programming, and instruction. It also established an accountability system 

in which states and districts are held to pre-established annual measurable achievement objectives 

(AMAOs) focused on ELs’ progress toward and attainment of English language proficiency and 

proficiency in academic content areas. States and districts, particularly those that did not have a long 

history serving this student population, thus had the impetus to focus attention and resources on EL 

policies and practices. Title III also raised awareness around EL issues in states and districts, prompting 

state, district, and school administrators to pay attention to this historically underserved population. 

Despite these positive advances, Title III, as intended, is a supplemental program and is largely perceived 

as such by states, districts, and schools. Title III funding comprises a relatively small proportion of the 

total federal funding states and districts receive, and the accountability actions, while salient for districts 

that miss AMAOs for two and four consecutive years, may not hold the same weight as the 

accountability actions for missing AYP under Title I, as state interview and case study district 

respondents indicated. Furthermore, it is often difficult to determine whether states and districts are 

taking particular actions as a direct result of missing AMAOs or whether they would have taken such 

actions regardless of their Title III AMAO status. 

In light of the relatively small, supplementary nature of Title III funding and the limited potency of 

Title III accountability, Title III—in conjunction with other initiatives to serve ELs—appears to have 

leveraged notable state and district activities in the areas of standards, assessments, accountability, and 

data systems over the past decade. In addition, as reported by state and district officials, these new policy 

activities have focused more attention on the needs of ELs than in prior years. However, in order to 

adequately serve the nation’s growing EL population, further activity and refinement appears to be 

needed in all these areas as well as in the areas of capacity building, teacher quality, and proven 

instructional programming. 

References 129

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APPENDIX A:

SUPPORTING MATERIALS ON METHODOLOGY

Appendix A 137

Appendix A. Supporting Materials on Methodology

State Interview Data Collection and Coding Methods

An important component of the state-level data collections was a set of one-hour interviews with state 

Title III directors from all 50 states and the District of Columbia. The purpose of the state-level 

interviews was to generate national data on the ways in which states were implementing English language 

proficiency (ELP) standards, assessing English Learner (EL) students, setting annual measurable 

achievement objectives (AMAOs), holding districts accountable for AMAOs, monitoring 

Title III implementation, and providing support to Title III districts. On several topics, these interviews 

provided state-level longitudinal data to build on the two waves (2004 and 2006) of Title III data 

collection conducted for the Study of State Implementation of the No Child Left Behind Act of 

2001 (NCLB) (SSI-NCLB) (LeFloch et al. 2007). The key topics covered in the interviews included the 

following: 

—Updated information about ELP standards and assessment development or revision, building on 

rather than duplicating what was learned in the SSI-NCLB study 

—State policies and procedures for identifying and placing EL students into programs and services 

—State criteria used to set AMAOs and state policies for implementing AMAOs (including policies 

for minimum subgroup size and criteria used to determine when students can exit from the EL 

subgroup) 

—Implementation of AMAOs, including data systems in place to monitor AMAO data and 

progress, and technical assistance and support provided to districts 

—Accountability and improvement actions for districts failing to meet AMAO targets for two and 

four consecutive years, including any technical assistance provided by the state 

—Ways in which small districts form consortia for Title III purposes and how accountability is 

established within those consortia 

—Extent to which characteristics of the state’s EL population play a role in the implementation of 

state policies 

—Ways in which results of ELP assessments and content-area assessments are being considered 

together and used to guide program policies and practices. 

—The interview protocols for state Title III directors and assessment directors were designed to 

communicate questions in a clear, conversational manner; to generate systematic, quantifiable data 

across all states; and to allow respondents to provide adequate contextual information on their 

state’s approaches. The interview format allowed for some standardization across questions asked, 

as well as an opportunity for respondents to elaborate on their responses in order to shed light on 

the reasons behind them. Furthermore, in cases where the state interviews were used to inform 

case studies, this interview format allowed us to collect the detail needed to prepare effectively for 

the case studies. 

Data Collection Procedures 

Four staff members were responsible for conducting the state-level interviews. These staff participated in 

a comprehensive one-day training in fall 2009, prior to data collection. This training entailed a thorough, 
Appendix A 138

item-by-item review of the interview protocol to ensure that each staff member understood the question 

that was being asked and the data that needed to be collected. Following this training, the staff members 

engaged in weekly meetings to discuss the interviews they had scheduled and conducted, raising any 

issues that arose during the interviews related to the questions being asked and the interviewees’ 

responses. Prior to each state interview, staff members collected and reviewed extant data available from 

the state website and other documents, to understand the state context. This review also identified 

definitive answers to some questions on the interview protocol, allowing the limited interview time to be 

efficiently allocated. 

To ensure the accuracy of data collection, each interview was recorded and transcribed. This allowed the 

study team to review the transcripts when entering and coding the data. In instances where the transcript 

was unclear or insufficient information was provided by the interviewee to make a coding decision (see 

below for our coding process), the interviewer followed up with the state director, asking for 

clarification. 

Approach to Analyses 

The analysis of the state interview data included four major steps: 

1. Capturing data 

2. Coding data 

3. Developing categorizations 

4. Examining state implementation by characteristics of the state EL population 

Capturing Data

The analytic process for the Title III evaluation involved several key tasks. First, closed-ended extant and 

interview data were entered in Excel spreadsheets, our primary form of data capture for key variables. 

For the most part, these were Yes/No variables, numbers, dates or checklist items. The same team of 

four staff entered the data in these Excel forms immediately following each interview. This enabled the 

study team to identify immediately specific areas for follow-up and, when complete, to easily generate 

state-by-state tables. 

The tools we developed for capturing interview data on state policy implementation had five critical 

features: (1) a format that was amenable to both quantified and text data; (2) a flexible interface, in which 

new variables could be inserted or in which data could be updated easily; (3) fields to indicate when data 

were updated; (4) flags to indicate when data were uncertain and needed to be verified; and 

(5) mechanisms to facilitate basic counts, tabulations, and charts. Exhibit A.1 provides an example of 

how state-level interview data were captured for one area of interest. 
Appendix A 139

Exhibit A.1

Sample Data Capture Table for State Interviews

State ELP Assessment 

State Name

WIDA 

ACCESS 

for ELLs

ELDA LAS 

Links

State 

Developed Other

First Year Current ELP 

Assessment Was 

Implemented

Total 22 8 6 13 2 NA

Alabama Yes 2004–05

Alaska Yes 2005–06

Arizona Yes 2006–07

Arkansas Yes 2006–07

California Yes 2001–02

Coding Data

Although the data capture Excel tables constituted an important first step in terms of organizing and 

summarizing state-level data, additional coding was necessary to identify all key variables. This next 

phase of state interview analysis was an iterative process that included reading, reviewing, and filtering 

data to locate important descriptions associated with each evaluation question. 

For example, the prevalence or relevance of certain variables may not have been readily apparent in the 

first round of data entry but became apparent as study team members delved into specific sections of the 

interviews. Patterns and trends across states with respect to certain implementation practices or policies 

emerged in some cases, at which point the coders went back to the transcripts of each state interview to 

determine the relevance of the data and how they might differ or be similar regarding the nature of their 

EL populations or other state-level characteristics. As necessary, staff who conducted the interviews 

followed up with state officials via email or telephone to clarify any ambiguous data and to ensure the 

accuracy of the coding. Alternatively, in some cases we determined that our initial coding categories did 

not adequately reflect the actual state implementation, and we revisited and revised the coding categories 

to more accurately capture and interpret the data on the topic. This second-level coding process included 

a review of qualitative data gathered through interviews (or, in some cases, from state websites) which 

were in turn developed into specific coding categories, allowing for the quantification of patterns in state 

actions. 

Developing Categorizations

For some variables, a second form of coding involved collapsing ranges of values into a set of ordinal 

levels. To explore this, consider the state provision of support to districts that do not meet their 

AMAOs. 

Although each state has developed a somewhat different approach to the process for identifying EL 

students and exiting them from the EL subgroup, the strategies across all states cover a predictable set of 

characteristics. For example, state officials need to determine the criteria for identifying EL students and 

exiting EL students from the subgroup, and the level of district discretion afforded to subgrantees in 

implementing these criteria or using additional or alternate criteria. We were able to summarize state data 

on these constructs during the first-level data capture or second-level coding. We were then able to take 

our coding beyond these initial procedures to generate categorizations (or clusters) of states based on 

these data.
Appendix A 140

For example, although we were able to count the number of states that required specific ELP screening 

and proficiency assessments or allowed districts to use other criteria for identifying or exiting students, it 

was also useful to code the variables into ordinal categories according to the level of district discretion 

for identification and exit. For example, with respect to exit, states were coded by whether they had 

—Established strict exit criteria at the state level, providing no district discretion in making exit 

decisions 

—Established minimum exit criteria at the state level but allowed district discretion in identifying 

additional criteria that could be considered in making exit decisions 

—Established no firm exit criteria, allowing districts full discretion in making exit decisions. 

States were clustered together into different levels of district discretion categories on the basis of the data 

collected. The states in these categories were then analyzed according to other state-level variables (such 

as the proportion of EL students in the state), as well as with related items from the district survey. 

Examining State Implementation by Characteristics of the State English Learner 

Population

While the methodology for this study does not allow for analysis of causal relationships, it was useful to 

examine associations among key variables of interest. We examined associations between relevant state 

context variables and Title III policies adopted by the state, and associations between state-level policies 

and state implementation of Title III, as well as patterns observed in the district survey data. One aspect 

of state context that is particularly important is the demographic makeup of the state. Thus, analyses that 

grouped states took into account the following contextual variables: proportion of all students in the 

state and rate of growth of the EL population. 

District Survey Methodology

Sampling 

The study design and power analyses called for a sample that would generate 1,300 completed survey 

responses. In order to generate this number, approximately 1,528 subgrantees were sampled. This 

allowed for errors in the sampling frame (e.g., districts no longer receiving Title III subgrants) and for 

15 percent nonresponse. 

Title III subgrantees include school districts, consortia of school districts, charter schools, and consortia 

of charter schools. However, because the study team concluded that it would be difficult for anyone to 

reliably describe activities of all consortia members, the questionnaire instructions requested that, for 

consortia, the questionnaire be completed concerning the district or school in each consortium with the 

largest number of ELs. Thus, while the sampling unit for the study was a Title III subgrantee, the 

analysis unit for the report was a district or charter school receiving Title III subgrant funds. 

Construction of the Sampling Frame

The U.S. Department of Education maintains a list of Title III grantees but does not maintain a 

complete list of Title III subgrantees within all states. Thus, there was no existing sampling frame for the 

district survey. 

The study thus implemented a complex strategy for assembling the frame. Because there was not time 

available for Office of Management and Budget (OMB) approval of a survey of the 51 State Education 
Appendix A 141

Agencies (the 50 states plus the District of Columbia), much of the information was collected from 

publicly available information on the State Education Agency websites and existing lists maintained by 

the Department of Education. This information was supplemented with selected information requests to 

a set of fewer than 10 specific state agencies. 

Exhibit A.2, below, shows the number of subgrantees that were identified by type. 

Exhibit A.2

Number of Subgrantees in Sample, by Type

Type of Subgrantee Number of Subgrantees

School districts 3,136

Consortia of school districts 339

Charter schools 175

Consortia of charter schools 18

Total 3,688

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

The total number of subgrantees identified for the sampling frame (3,668) was lower than the 

4,777 subgrantees reported on the most recent available Consolidated State Performance Reports. From 

our piloting and communications with states and districts during data collection, we determined that this 

was almost certainly because many states included all consortium members in their counts rather than 

counting a consortium as a single subgrantee. 

Because of the way it was developed, there were some minor issues with the sampling frame. Because 

the study used the most recent publicly available information, there were (1) differences in the grant year 

of subgrantees listed (the majority of lists were for the 2008–09 school year) and (2) two states (Virginia 

and New Hampshire) in which the list of subgrantees did not include consortia and this information 

could not be obtained. 

Goal of the Sampling

The data on the district survey presented in this report use two units of analysis: (1) the percentage of 

school districts or charter schools with a given characteristic and (2) the percentage of ELs in districts or 

schools with the characteristic. The optimal sampling approaches for these two data types differ 

considerably, so the study needed to adopt a “compromise” strategy to address both types. 

The optimal strategy for a study of school districts involves a stratified random sample of districts with 

equal probabilities of selection. The optimal strategy for a study of students in districts involves a 

probability-proportional-to-size (PPS) sample in which the probability of a district’s selection is directly 

proportional to the number of ELs in that district. In the first case, the Los Angeles Unified School 

District (LAUSD), which has by far the greatest number of ELs in the country, would have the same 

probability of selection as the subgrantee with the fewest ELs. In the second case, LAUSD would be 

approximately 75 times more likely to be selected than the subgrantee with the fewest ELs. The 

“compromise” approach that the study adopted was designed to provide accurate estimates for both of 

these units of analysis. 
Appendix A 142

Sampling Strata

For sampling purposes, five strata of subgrantees were defined on the basis of the number of ELs served 

by the subgrantee.113 Exhibit A.3, below, shows the characteristics of subgrantees in the strata. 

113. The number of ELs served by a subgrantee in 18 states was not known, although the subgrant allocation or 

amount was provided. In these cases, the number of ELs was estimated by dividing the total subgrant amount or 

allocation by the known state allocation per EL (eight states—Arizona, Colorado, Montana, New Jersey, Oregon, 

Pennsylvania, Rhode Island, and Tennessee) or by $134 (the national median value of subgrant allocations per EL across 

states) (10 states—Alabama, Florida, Georgia, Iowa, Kansas, Louisiana, Mississippi, South Carolina, South Dakota, and 

West Virginia).

Exhibit A.3

Characteristics of Subgrantees, by Stratum

Stratum 

Number

Number of 

Subgrantees

Range of 

Number of ELs

Total Number of 

ELs

Number of Cases 

in the Sample Selection Rate

1 100 7,582–256,752 1,989,812 100 100.0%

2 400 1,793–7,538 1,391,623 362 90.5%

3 699 571–1,792 696,777 361 51.6%

4 999 214–570 351,949 360 36.0%

5 1,470 40–213 182,791 345 23.5%

Total 3,668 † 4,612,952 1,528 41.7%

Note: † Not applicable. 

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

As described above, the goal of the sampling was for subgrantees with more ELs to have higher 

probabilities of selection. The first stratum represented a certainty stratum in which all cases were 

selected. Each succeeding stratum contained more cases and had lower selection rates. Subgrantees 

within a stratum were sampled with equal probability. 

The Sample

The final sample contained 1,528 subgrantees. It included 1,361 school districts, 113 consortia of school 

districts, 47 charter schools, and seven consortia of charter schools. It included subgrantees in all 51 

jursidictions (50 states plus the District of Columbia). The sampled subgrantees contained 81.9 percent 

of all ELs in U.S. Title III subgrantee districts. The distribution of sampled subgrantees by state is shown 

in Exhibit A.4, below. The primary factor influencing the number of subgrantees in a state was the 

number of school districts and state-chartered charter schools in the state. A secondary factor was the 

percentage of ELs out of the total student population. A large number of the subgrantees sampled were 

in California and Texas, because these states have small school districts and large EL populations. These 

two states contained 29.0 percent of subgrantees in the population and 36.6 percent of those in the 

sample. 

 
Appendix A 143

Exhibit A.4

Number and Percentage of Subgrantees in the Sample

State

Number of 

Subgrantees 

in the Sample

Percent of 

Subgrantees 

in the Sample State

Number of 

Subgrantees 

in the Sample

Percent of 

Subgrantees 

in the Sample State

Number of 

Subgrantees 

in the Sample

Percent of 

Subgrantees 

in the Sample

AK 6 0.4 KY 9 0.6 NY 44 2.9

AL 20 1.3 LA 4 0.3 OH 35 2.3

AR 13 0.9 MA 25 1.6 OK 19 1.2

AZ 59 3.9 MD 10 0.7 OR 30 2.0

CA 358 23.4 ME 3 0.2 PA 37 2.4

CO 19 1.2 MI 30 2.0 RI 3 0.2

CT 25 1.6 MN 33 2.2 SC 14 0.9

DC 3 0.2 MO 25 1.6 SD 2 0.1

DE 6 0.4 MS 8 0.5 TN 15 1.0

FL 25 1.6 MT 5 0.3 TX 202 13.2

GA 35 2.3 NC 36 2.4 UT 16 1.0

HI 1 0.1 ND 2 0.1 VA 19 1.2

IA 1 0.1 NE 11 0.7 VT 4 0.3

ID 14 0.9 NH 1 0.1 WA 51 3.3

IL 69 4.5 NJ 63 4.1 WI 32 2.1

IN 41 2.7 NM 19 1.2 WV 3 0.2

KS 15 1.0 NV 4 0.3 WY 4 0.3

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Instrument and Item Development 

The items used in the questionnaire were based on the Comprehensive Study Design, and the online 

survey was developed using Snap Online, a proprietary survey development software program. The 

survey was pilot tested in August 2009. Three cognitive interviews were conducted in which reviewers 

were walked through the survey and asked to “think aloud” as they answered the questions. In addition, 

item-specific probes were asked to delve further into the reviewer’s understanding of specific questions. 

After changes resulting from the cognitive interviews were implemented in the survey, three additional 

reviewers were asked to pretest the survey. They were asked to take the online survey, after which we 

called them and asked them to evaluate the length of the survey, clarity of content, and online 

maneuverability and accessibility. Responses from these interviews were used in making final changes to 

the questionnaire. 

Data Collection 

In fall 2009, the study selected a sample of districts from the universe of school districts receiving 

Title III subgrants, and compiled contact information for each district. The study received OMB 

clearance on Oct. 29, 2009, and began data collection for the survey portion of the National Evaluation 

of Title III Implementation in early November 2009. Respondents were first sent a letter introducing the 

study and providing preparation instructions for the survey, which included a toll free number should the 

respondents have any questions about the survey. Allowing time for the letters to reach the districts, 

emails were then sent through Snap Surveys (the software used to develop and host the online survey), 
Appendix A 144

with links to each district’s survey and more explicit instructions on how to access and complete it. The 

notification letters and emails were sent out in four batches over two weeks (see Exhibit A.5). 

Exhibit A.5

Number of Subgrantees in the Sample, by Type

Batch Notification Letter Email

1 (n = 138) 11/03/09 11/09/09

2 (n = 469) 11/12/09 11/17/09

3 (n = 492) 11/13/09 11/18/09

4 (n = 429) 11/16/09 11/19/09

Notes: n = 1,528

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Reminder emails were automatically sent from Snap to districts that had not opened or completed their 

online surveys two weeks after the original emails were sent out. It was discovered that many districts 

had stringent firewalls or spam and junk email filters that were impeding the delivery of the emails from 

Snap, so in mid-December, follow-up emails were sent from a different email address to those districts 

that had not opened their online surveys. 

To keep an accurate and up-to-date record of the response rate and contact events throughout the data 

collection process, information was entered into a receipt control system, including when the districts 

opened and completed their surveys, and what types of contacts (mail, email, fax, phone call) were made 

with each district. 

The first deadline for survey completion was the end of November 2009, but deadlines were extended 

until Jan. 15, 2010, before systematic follow-up contact started. By mid-January 2010, the National 

Evaluation of Title III Implementation survey team had received approximately 60 percent of the 

completed district surveys from the selected districts. 

Beginning on Jan. 19, 2010 the survey team began making follow-up calls or sending faxes to 

560 districts that had either (1) opened their surveys online but not completed them or (2) had not 

opened their surveys online. Most districts were sent additional faxes and emails with the survey access 

information, and they were told that the deadline for completion of the survey was Feb. 5, 2010. At the 

end of the first round of calls, the completion rate for the survey had increased to 69.6 percent of the 

original 1,528 districts (a total of 1,063 completed surveys). 

A second round of follow-up calls was made between Jan. 29, 2010, and Feb. 5, 2010. These districts 

were asked to complete the survey by Feb. 26, 2010. For this round of calls, the survey team decided not 

to call districts that (1) had been emailed or faxed a link to the survey as a result of the initial call 

attempts,(2) were speaking with survey staff about completing the survey,(3) had promised to send a 

blank email for us to respond to (to avoid the survey team’s sending an email that the recipient’s firewall 

would reject), and (4) had recently opened their surveys. A week after the end of this second round of 

calls, 175 more districts had submitted their surveys, bringing up the response rate for the 1,528 districts 

to 81.0 percent (1,237 total completed surveys). 

Beginning on Feb. 17, 2010, the third round of contact attempts was made to more than 200 districts 

that had not responded to the survey team’s previous attempts or had still not opened or completed their 

survey. Faxes were sent with the original notification letter, the letter with the link and instructions for 
Appendix A 145

their survey, and the Department of Education letter explaining how their participation in this survey 

was required under the terms of their Title III subgrant. This round of contact attempts was completed 

by Feb. 25, 2010. Finally, between March 1, 2010, and March 11, 2010, any districts that had been 

contacted in the first three rounds but had not opened or submitted their surveys were sent an additional 

fax or an email reminder to complete the survey. The text of the email or fax was the same as the text 

used for the last round of contact, and these districts also received a copy of the Department of 

Education letter. This additional contact was made with 64 districts. 

The survey was closed on March 23, 2010. In total, 1,403 surveys were completed, bringing the 

completion rate for eligible districts to 91.8 percent. Fourteen mostly or partially completed surveys in 

the Snap Survey system were “submitted” by survey staff, as it was deemed that the districts may have 

accidentally neglected to hit the “submit” button. The final completion rate for the 1,528 eligible districts 

was 92.7 percent. The 35 districts that had the largest number of ELs all completed their surveys. Only 

4.1 percent (62) of the 1,528 sampled districts failed to open the survey. Another 49 districts 

(3.2 percent) opened the Web survey but never completed it. Exhibit A.6, below, compares the initial 

sample with the subgrantees that participated in the final data collection. 

Exhibit A.6

Number of Subgrantees That Participated in Initial and Final Samples

Type of Subgrantee Initial Sample Final Data Collection

School districts 1,361 1,279

Consortia of school districts 113 101

Charter schools 47 34

Consortia of charter schools 7 3

Notes: n = 1,528

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Throughout the data collection process, a number of districts were asked to provide data that were 

missing from their completed surveys, and most were responsive to the requests. For example, on 

preliminary analysis of the data, it was found that approximately 50 districts had neglected to answer 

Question 1 (“During the 2009–2010 school year, please indicate a. the total number of students in the 

school district and b. the total number of ELs in the district”). Emails were sent to these districts asking 

for this missing data, and most promptly replied with the information. If districts did not respond, the 

EL count from the sampling frame or CCD was used. 

The figures below illustrate how the data collection proceeded throughout the four-month period. While 

the response rate in Exhibit A.7 reflects the increase in completion percentage rates, Exhibit A.8 

indicates the number of surveys that were completed on any particular day. 
Appendix A 146

Exhibit A.7

Response Percentage Rate

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit A.8

Daily Number of Completed Surveys

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Data Analysis

The data analyses of district survey data involved a set of five sequenced steps, each of which influenced 

implementation of later steps: (1) calculation of data analysis weights, (2) unweighted univariate analyses 

to examine item responses, (3) creation of computed and composite variables, (4) weighted univariate 
Appendix A 147

analyses of survey and computed variables, and (5) weighted bivariate analyses of survey and computed 

variables.

Analysis Weights

The first step in conducting analyses of data from the district survey was to calculate analysis weights. 

There were two ways in which results were reported: (1) as “percentages of Title III districts” and (2) as 

“percentages of ELs served by Title III subgrantees.” Two different analytic weights for each case were 

needed for these presentations. 

For presentations using “percentages of Title III districts,” the weight was based on (1) the probability of 

selection of the subgrantee and (2) a nonresponse adjustment, which was applied according to the 

response rate within the sampling stratum: 

W1 = (1/selection probability) * (number of cases in stratum/number of responding 

cases) 

For presentations using “percentages of ELs served by Title III districts,” the weight was based on 

(1) the selection probability (number of ELs in districts in the stratum or number of ELs in selected 

districts), (2) a nonresponse adjustment based on numbers of ELs in responding and nonresponding 

districts within a stratum, and (3) the number of ELs served by that district: 

W2 = (1/selection probability) * (number of ELs in stratum/number of ELs in 

responding cases) * (number of ELs in district) 

Unweighted Univariate Analyses

An important second step in the analysis was to examine unweighted univariate distributions of 

variables, to see how respondents reacted to questionnaire items. By examining distributions, means, 

missing data, and so forth, the analysts assessed (1) whether respondents misinterpreted specific items, 

(2) whether items showed sufficient differences among respondents to be useful in further analyses, and 

(3) whether items should be recoded (e.g., low-frequency responses combined, out-of-range responses 

deleted) for subsequent analysis and presentation. 

Computed and Composite Variables

The third step in data analyses involved the creation of computed and composite variables. Although 

most individual items on the questionnaire were themselves indicator variables, there were a number of 

variables that were computed from questionnaire responses. These included (1) recodes of questionnaire 

variables to create analytic subgroups of districts (e.g., the number of ELs served by the district was 

recoded to create five analytic subgroups), (2) combinations of questionnaire items to create new 

variables and analytic subgroups (e.g., responses on questionnaire items relating to Title III and 

Title I accountability status were combined into a single variable), and (3) combinations of 

questionnaire items to create composite variables (e.g., a count of the number of factors used by 

districts to identify ELs). 

Weighted Univariate Analyses

The fourth analytic step involved development of national estimates of subgrantee implementation of 

Title III, using weighted univariate analyses (frequencies, means, etc.) of questionnaire and computed 

variables. As described in the weighting section above, this could involve two separate results: 

(1) percentage of districts with a characteristic and (2) percentage of ELs in districts with the 
Appendix A 148

characteristic. In general, to facilitate comprehension, the report presents the percentage of districts with 

a characteristic, except for a few cases in which the percentage of ELs in districts with the characteristic 

or both results are presented. These latter cases were chosen because the finding related to the number 

of students or there was a significant difference between the two results. 

Weighted Bivariate Analyses

To describe the extent to which Title III implementation varied systematically by characteristics of 

districts, bivariate analyses (comparisons of means, cross-tabulations, etc.) were conducted using a 

number of the questionnaire and computed variables, as well as selected data from the Department of 

Education’s CCD. The analyses also examined other categorizations of districts, including 

—Number of ELs served by the district 

—Language concentration of ELs in the district 

—Spanish concentration of ELs in the district 

—Growth in the size of the EL population 

—Number of years of ELs in U.S. schools 

—Percentage of ELs with interrupted schooling 

—Percentage of ELs new to the district 

—Percentage of students eligible for free or reduced-price lunches 

—Urbanicity of the district 

—Title III and Title I accountability status of the district 

—Title III accountability status of the district 

The specification of cut points for the categorizations that were used were determined on the basis of 

prior literature (e.g., Zehler et al. 2004) or to meet the goal of producing categories with equally 

distributed weighted percentages for key variables. This latter consideration helped to preserve statistical 

power to the extent possible (i.e., holding other factors constant, subgroups of equal size are able to 

detect smaller differences than subgroups of unequal size) (see Exhibit A.9). 
Appendix A 149

Exhibit A.9

Categories for Analytic Comparisons

Variable

Percent of Districts in Each 

Category (SE) (Unweighted)

Percent of Districts in Each 

Category (SE) (Weighted)

Number of EL students in the district (n = 1,417)

1–150 17.0 (1.00) 28.9 (1.18)

151–300 14.7 (0.94) 21.3 (1.27)

301–1,000 26.7 (1.18) 27.3 (1.00)

More than 1,000 41.5 (1.31) 22.6 (0.59)

Home language concentration (n=1,298)

None > 50% 12.4 (0.92) 14.9 (1.16)

One = 51–90% 40.8 (1.36) 39.2 (1.52)

One>90% 46.8 (1.39) 46.0 (1.55)

Spanish home language concentration (n = 1,298)

Spanish< 50% 21.1 (1.13) 25.1 (1.39)

Spanish = 51–90% 34.4 (1.32) 31.5 (1.42)

Spanish>90% 44.5 (1.38) 43.4 (1.54)

Growth in district EL population (n = 1,392)

Stable or decrease 33.6 (1.27) 31.7 (1.39)

Increased 5–25% 33.8 (1.27) 33.4 (1.42)

Increased >25% 32.5 (1.26) 34.9 (1.44)

Length of time by EL students in U.S. schools 

(n = 1,284) 

3 years or less < 10% 39.6 (1.37) 38.1 (1.51)

3 years or less = 10–25% 31.2 (1.29) 29.1 (1.40)

3 years or less > 25% 29.3 (1.27) 32.8 (1.49)

Percentage of EL students with interrupted schooling 

(n = 1,328) 

0–5% 61.6 (1.34) 64.6 (1.44)

6–10% 21.7 (1.13) 20.3 (1.22)

> 10% 16.7 (1.02) 15.1 (1.05)

Percentage of EL students new to district (n = 1,394)

0–10% 61.4 (1.30) 60.5 (1.47)

11–25% 32.7 (1.26) 32.8 (1.41)

> 25% 5.9 (0.63) 6.8 (0.79)

Designated for improvement under Title I and Title III

(n = 1,417) 

Under both 27.5 (1.19) 20.9 (1.08)

Under Title III 7.7 (0.71) 8.4 (0.84)

Under Title I 14.7 (0.94) 14.3 (1.04)

Under neither 38.7 (1.30) 43.7 (1.48)

Don’t know 11.3 (0.84) 12.6 (1.02)

Missed Title III AMAOs (n = 1,417)

<2 consecutive years 56.5 (1.32) 61.3 (1.42)

2–3 consecutive years 23.1 (1.12) 20.3 (1.15)

> 3 consecutive years 13.5 (0.91) 10.1 (0.78)

Don’t know 7.0 (0.68) 8.3 (0.86)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix A 150

All comparisons between these categorical groups that are discussed in the text have been tested for 

statistical significance, using a significance level of 0.05. The significance level reflects the probability that 

a difference between groups as large as the one observed could arise simply due to sampling variation, if 

there were no true difference between groups in the population. When more than two groups were 

compared, comparisons were conducted separately for each pair of groups. The estimates presented in 

this report were generated using SPSS. Standard errors and statistical comparisons were calculated using 

WesVar to adjust for the complex sampling design. 

Case Study Data Collection, Coding, and Analysis

A fourth component of the evaluation was a series of 12 district case studies nested in five states. The 

purpose of these qualitative data collections was to enrich our understanding of quantitative analyses of 

district survey data and to consider the ways in which state policy (from state interviews) and district 

context interact to influence Title III implementation. The case studies thus provided critical insight into 

the ways in which the Title III provisions are interpreted and acted on within states, districts, and 

schools. 

Data Sources

The district served as the primary unit of analysis for the case studies, as the district is the unit of 

accountability under Title III. A purposive sample of 12 districts within five states was selected for these 

case study visits. The five states in which the selected districts were located were California, New York, 

Minnesota, New Mexico, and North Carolina. This sample allowed for variation on the following 

selection criteria: 

—Types and sizes of EL student populations 

—Approaches to and stage of implementation of Title III provisions 

—Approaches to curriculum, assessment and instruction for EL students 

—Overlap with state sample for student achievement analysis 

—Regional location 

Two to three districts were selected in each state for a total of 12 districts (two in smaller states and three 

in the larger states of California and New York). Decisions about which districts to visit were based on 

state recommendations, a review of extant data, and the desired variation across the full sample. In 

particular, we sought out districts that varied with regard to size, urbanicity, size of EL population, 

growth of EL population, and diversity of languages spoken. 

Visits to case study districts yielded the following data sources: 

—Individual interviews with multiple district officials: director of curriculum and instruction, EL 

coordinator (or Title III Coordinator) or assessment director 

—Focus groups with school staff: school principals, resource staff, teachers of ELs, parent liaisons, 

and parents of EL students. 

—Review of relevant documents, as appropriate 
Appendix A 151

Approach to Analysis 

Data collected during case study visits were captured, coded, and analyzed, using the procedures outlined 

below. In the first phase, data were collected from the above-mentioned data sources during case study 

visits, and summary documents were written up immediately following each visit. These summary 

documents were written so that consistent data were reported across the sample. The summary 

document for each visited district reported on the following areas of interest: 

—District’s accountability status for Title I and Title III 

—State context 

—District overview 

—District improvement context (district vision, instructional priorities, and policies) 

—Identification of, placement in and exit from EL status 

—General approach to supporting ELs 

—State standards 

—Assessments for ELs 

—Title III accountability 

—Funding for ELs, including Title III 

—Teacher quality 

—Professional development for teachers 

—Technical assistance regarding ELs 

—Parent outreach and involvement 

—Conclusion and emerging themes 

 In the next phase—after all visits were completed—data were coded using NVivo8 software according 

to the key constructs of the study, and codes across districts were compared. All qualitative team 

members were trained in using the NVivo software and in how to apply codes to the case study data. 

Finally, the qualitative research team conducted cross-case comparisons of case study districts to identify 

emerging themes and patterns, and incorporated findings from other components of the study to 

provide further points of analysis and illumination. In addition, two of the state interview team members 

also served on the qualitative team, thereby enhancing the team’s ability to triangulate and make 

connections across the data collected for these two study components. Throughout the analysis process, 

the qualitative research team engaged in weekly meetings to identify emerging themes, ensure 

consistency in coding, and refine procedures as needed. For example, these discussions focused on 

evidence that supported and refuted the themes and patterns from case study visits already conducted 

(or a subset of cases), and the themes and patterns that emerged from those discussions were recorded in 

meeting notes and additional variables for analysis were identified, as appropriate. The progressive 

development of these themes was carefully charted, noting when new data refuted or supported them. 

The protocols for the case study interviews and focus groups, along with some of the procedures for 

analysis, were piloted by edCount and AIR in six districts prior to beginning the case study visits. 

Protocols and procedures were then refined on the basis of the experiences of the pilot.
Appendix A 152

Data Capture 

All case study interviews and focus groups were conducted with one interviewer and one notetaker to 

ensure quality. Interviews and focus groups were also recorded to back up notetaking and to allow for 

comprehensive and accurate summaries of each. Following case study visits, notes from interviews and 

focus groups were cleaned in such a way that they were easy for an outside reader to follow (i.e., free 

from abbreviations and partial sentences; pronouns, proper nouns, and acronyms explained). Notetakers 

passed their notes to the interviewer for review, to ensure quality and readability. All notes were tracked 

and collected in a central location for analysis. 

As discussed above, at the close of each visit, site visit teams were required to write a comprehensive 

summary of the visit, allowing them to capture the data that had been collected. The intent of the 

questions asked during the case study visits was to provide a common framework for all site visit 

summaries, while enabling the research team the opportunity to highlight important emergent themes in 

a flexible framework. Questions focused on topics such as 

—Knowledge and use of state ELP standards 

—District assessment practices for EL students and use of assessment results 

—AMAO status, accountability measures associated with that status and communication with 

stakeholders 

—Capacity of staff at district and school levels to address EL instructional needs 

—District infrastructure to support EL students 

—Perceived influence of state policies and practices regarding EL students 

—Role of parents of EL students 

In addition to the short narrative summary, each site visit team entered data on core constructs into a 

“data capture form” (an Excel workbook) that was housed on a shared electronic workspace. This 

template was structured by the constructs that are most central to the conceptual framework (a column 

for each construct and dimension, as necessary), and prompted the research teams to summarize data for 

each case study (i.e., one row per district). The emergent table was useful for identifying preliminary 

themes and patterns and any followup needed while data collection was ongoing. The intent was to 

stimulate the analytic process, leveraging the insights that were generated while the data were still 

“fresh,” yet without becoming overly burdensome or cumbersome. The qualitative research tea 

generated a draft data capture form following the pilots of the case study protocols, which was then 

refined. 

Throughout the period of case study data collection and analysis, the qualitative team met weekly to 

engage in an ongoing dialogue of themes and patterns that emerged from the case study visits. 

Immediately following each case study visit, visitors shared the highlights from their summary 

documents with the team during these weekly meetings. 

Coding Data 

At the conclusion of the data collection period, analysts developed a master list of common codes, 

organized by topic and construct and grounded in the themes and patterns identified during weekly 

meetings of site visitors. Using the master list of common codes, the notes from interviews and focus 

groups for each case study visit were coded using the NVivo8 software package. 
Appendix A 153

During the coding process, the qualitative research team continued to meet and engage in an ongoing, 

collaborative process of identifying emerging themes and patterns and adding new codes to the master 

list, as appropriate. Using the finalized master list of codes, each analyst was assigned a set of data 

captures to code, with a subset of those being double-coded to ensure reliability across coders. 

At the conclusion of the coding process, all coded data were merged into a single unit that was queried 

for analysis. 

Cross-Case Analyses

In the next phase of the analysis process, researchers identified themes, developed categorizations, and 

compared findings across cases. The individual districts were the primary unit of comparison, but the 

team also took into account variation by respondent level (district administrators, school administrators, 

and teachers). Analyses also considered districts nested within each of the five states, as well as 

comparisons across the 12 districts in the sample. 

A cross-case matrix was developed for each primary area of interest (identification and exit procedures 

and policies, placement and instruction, standards and assessments, accountability, and district capacity). 

These matrices were used to quantify and organize some of the patterns that emerged from the initial 

queries and categorizations on the basis of the qualitative data. For example, in an initial query of codes 

related to “use of EL assessment data,” we noted considerable variation in the extent to which (and ways 

in which) district officials and school staff used state and local EL assessment data. By creating a 

cross-district matrix, we were able gauge relationships among respondents’ familiarity with and use of 

assessment data (see Exhibit A.10). 

Exhibit A.10

Sample Case-Ordered Analytic Table—Use of EL Assessment Data

Districts Assessments 

Administered in District How Data Are Used

Points to Highlight, 

Including Issues, 

Challenges, Supporting 

Quotes

State A NA NA NA

District 1

[Analysts would enter 

descriptive text here, 

including quotes from 

respondents]

Enter text here. Enter text here.

District 2 Enter text here. Enter text here. Enter text here.

District 3 Enter text here. Enter text here. Enter text here.

State B NA NA NA

District 4 Enter text here. Enter text here. Enter text here.

District 5 Enter text here. Enter text here. Enter text here.

State C NA NA NA

Throughout this process of creating cross-case matrices, the qualitative team continued to participate in 

weekly meetings and engage in ongoing dialogue to determine the extent to which cross-site analyses of 

codes were producing identifiable themes and associations (and the ways in which those associations 

might be related to district variables such as size and location). 
Appendix A 154

Using Case Study Data in Conjunction With Other Evaluation Components 

As patterns and themes emerged across cases, we compared them with findings from other components 

of the study, including the state interviews, and the district survey. Because districts are nested within 

states, and, because Title III is implemented through the states, understanding the state policy, 

demographics, and organizational context was important for interpreting the data gathered at the district 

level. State interviews in the five states in which the districts were located were of primary importance 

for this contextualization. In addition, however, the broader set of state interviews helped place the 

districts in a more national context and provided some guidance to the research team about the limits of 

generalizing from the individual cases to a broader set of districts. 

Conversely, the case study data can illuminate patterns observed in the district survey. The case studies in 

this evaluation, by their nature, were designed to provide a greater depth of data, whereas the district 

survey was designed to provide reliable national estimates of district practices on a broad range of topics. 

Thus, we were able to complement and enrich the results of the district survey with deeper and more 

open-ended data from a multiplicity of respondents and data sources queried for the case studies. 

See the separate document “Appendix G—Data Collection Instruments” for copies of all state, district, 

and survey protocols used in the study. 
APPENDIX B:

SUPPORTING MATERIALS ON IDENTIFICATION 

AND EXIT OF ENGLISH LEARNERS

Appendix B 157

Appendix B. Supporting Materials on Identification and 

Exit of English Learners

Exhibit B.1

Percentage of Students Who Were Classified as ELs and

Average Percentage of EL Enrollment in Title III Districts

Student Classification

Percentage of Students

in Districts (SE) 

(Weighted by Student Weight)

(n = 1,417) 

Average Percentage of

Enrollment (SE) 

(Weighted by District Weight)

(n = 1,417)

Students classified as ELs 24.1 (0.90) 14.2 (0.44)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit B.2

Percentage of Title III Districts That Reported an Increase in EL Enrollment

Enrollment Increase Percentage of Districts (SE) 

(n = 1,392)

Increase of EL enrollment by more than 25 percent 34.9 (1.44)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit B.3

Percentage of ELs in Title III Districts, by Location of Birth

and Number of Years Attending a U.S. School

Location of Birth and Number of Years Attending U.S. School

Percentage of ELs

in Districts (SE) 

(Weighted by Student Weight)

(n = 1,282–1,284)

Not born in U.S. and attended more than 3 years at a U.S. school 15.1 (0.54)

Not born in U.S. and attended 2 or 3 years at a U.S. school 10.8 (0.52)

Not born in U.S. and attended 1 year at a U.S. school 7.7 (0.51)

Born in the U.S. 66.3 (1.31)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix B 158

Exhibit B.4

Percentage of ELs in Title III Districts, by Native Language

Native Language

Percentage of ELs

in Districts (SE) 

(Weighted by Student Weight)

(n = 1,297–1,298)

Spanish 80.5 (1.39)

Asian Pacific languages (Chinese languages, Hmong, Hindi, etc.) 10.0 (0.90)

Other languages (Arabic, Haitian Creole, African languages, etc.) 5.5 (0.54)

Other European languages (French, Russian, Greek, etc.) 3.2 (0.25)

Native American languages 0.8 (0.15)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit B.5

Percentage of Title III Districts, by Spanish Concentration in District

Spanish Concentration in District Percentage of Districts (SE) 

(n = 1,298)

Spanish greater than 90 percent of ELs 43.4 (1.54)

Spanish between 51 and 90 percent of ELs 31.5 (1.42)

No language group greater than 50 percent 14.9 (1.16)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix B 159

Exhibit B.6

Average Percentage of EL Enrollment and Average Number of ELs in a District,

by Poverty Level and Urbanicity

Student Classification Average Percentage of EL 

Enrollment in a District (SE)

Average Number of ELs

in a District (SE)

By Poverty Level (n=1,305) 

Low poverty 7.1 (0.75) 628.7 (66.30)

Medium poverty 13.2 (0.43) 1,434.5 (124.66)

High poverty 37.5 (1.93) 1,972.2 (293.10)

By Urbanicity (n=1,355)

City 17.6 (1.05) 3,004.7 (415.72)

Suburb 10.8 (0.56) 1,309.7 (112.99)

Town/Rural 14.8 (0.75) 440.1 (23.11)

Note: The categories for district poverty level are defined as follows: high poverty is 76 percent or higher of students 

eligible for Free or Reduced-Price Lunches, medium poverty is 26 percent to 75 percent students eligible for 

Free or Reduced-Price Lunches, and low poverty is less than 25 percent students eligible for Free or ReducedPrice Lunches. 

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix B 160

Exhibit B.7

Home Language Survey for Indiana, 2009–10

Source: http://www.doe.state.in.us/lmmp/pdf/homelanguagesurvey.pdf, accessed February 2, 2010
Appendix B 161

Exhibit B.8

Home Language Survey for New York, 2009–10

Source: http://www.p12.nysed.gov/biling/bilinged/pub/HLQenglish.pdf, accessed February 24, 2010
Appendix B 162

Exhibit B.9

Percentage of Title III Districts, by Types of Identification Criteria Used

Type of Identification Criteria Percentage of Districts (SE) 

(n = 1,305–1,386)

English proficiency assessments (including both state-mandated and

district-selected) 97.7 (0.45)

Home language survey 93.2 (0.76)

Parental input/choice 51.5 (1.52)

Teacher judgment 34.8 (1.49)

State academic content assessments or other standardized achievement tests 

in English 30.6 (1.45)

Native language proficiency tests or standardized achievement tests in native 

language 25.4 (1.26)

Years in the United States 20.4 (1.26)

Progress tests (also called interim, benchmark, or diagnostic tests) 20.3 (1.28)

Class grades 18.1 (1.25)

Years in the EL service program 18.1 (1.22)

Grade level 8.0 (0.84)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit B.10

Percentage of Title III Districts, by Frequency of Reviewing

Individual Student’s Readiness to Exit from EL Status

Frequency of Reviewing Exit Criteria Percentage of Districts (SE) 

(n = 1,398)

Less than once a year 1.8 (0.40)

Once a year 54.8 (1.50)

Twice a year 23.9 (1.24)

More than twice a year 19.5 (1.22)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix B 163

Exhibit B.11

Percentage of Title III Districts, by Types of Exit Criteria Used

Type of Exit Criteria Percentage of Districts (SE) 

(n = 1,293–1,387)

State ELP test 94.2 (0.74)

State academic content area tests 68.5 (1.44)

State ELP test AND state academic content area tests 64.3 (1.48)

Other English proficiency assessments (not state ELP test), including 

writing samples 60.0 (1.51)

Parental input/choice 59.9 (1.50)

Teacher judgment 58.9 (1.51)

Class grades 56.8 (1.52)

Progress tests (also called interim, benchmark, or diagnostic tests) 51.2 (1.52)

Other standardized achievement tests in English (not state academic

content test) 42.6 (1.53)

Years in the EL service program 21.2 (1.27)

Grade level 16.1 (1.10)

Years in the United States 14.0 (1.09)

Home language survey 13.5 (1.10)

Native language proficiency tests or standardized achievement tests in 

native language 9.1 (0.87)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit B.12

Percentage of Title III Districts in States That Require ELP Test Scores

as Sole Exit Criterion, by Types of Additional Exit Criteria Used

Type of Exit Criteria

Percentage of Districts in 

States That Require ELP Test 

Scores as Sole Exit Criterion 

(SE) 

(n = 310–326)

State ELP test 96.2 (1.32)

Parental input/choice 36.1 (3.03)

State academic content area tests 28.2 (2.88)

Progress tests (also called interim, benchmark, or diagnostic tests) 26.6 (2.84)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix B 164

Exhibit B.13

Percentage of Title III Districts That Maintained a Districtwide Database That Includes 

Academic Outcomes of Former ELs

District Action Percentage of Districts (SE) 

(n = 1,400)

Maintained districtwide database that includes academic outcomes of 

former ELs 72.8 (1.37)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit B.14

Percentage of Title III Districts, by Services Available to Former ELs and by Grade Level

Services Available to Former ELs

Percentage of Districts (SE)

Elementary

(n = 1,345–1,367)

Secondary

(n = 1,272–1,304)

Regular monitoring of academic 

performance by district/school 97.3 (0.49) 95.1 (0.70)

Tutoring services 77.9 (1.28) 79.5 (1.29)

Academic counselor or support teacher 65.2 (1.44) 78.2 (1.30)

Peer counselor or English proficient 

“buddy” 30.9 (1.43) 30.2 (1.46)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
APPENDIX C:

SUPPORTING MATERIALS ON INSTRUCTIONAL 

PROGRAMMING AND PLACEMENT

Appendix C 167

Appendix C: Supporting Materials on Instructional 

Programming and Placement

Exhibit C.1

Percentage of Title III Districts, by Type of EL Services Provided

Type of EL Services Percentage of Districts (SE) 

(n = 1,389–1,407)

English language development for ELs (e.g., English as a Second Language 

instruction) within or outside the regular classroom 98.1 (0.46)

Instruction in content areas using English but specially designed for ELs (e.g., 

sheltered instruction, SIOP) 87.0 (1.08)

Program models using native language: Instruction in content areas 

(mathematics, science, social studies) involving significant (at least 25 percent) 

use of native language

44.0 (1.47)

Program models using native language: Instruction in the language arts of 

the native language 44.0 (1.46)

Program models using native language: Two-way immersion programs 

involving both ELs and native English speakers 28.8 (1.33)

Special instruction for newcomers to U.S. schools 56.8 (1.49)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix C 168

Exhibit C.2

Percentage of ELs at the Elementary Level Participating in EL Services, 

by Number of ELs

Percentage of Districts, by Number of ELs in District

EL Services

1–150 ELs 

(SE)

(n = 231–237)

151–300 ELs

(SE)

(n = 200–206)

301–1,000 ELs 

(SE)

(n = 361–367)

More Than 1,000 ELs 

(SE) 

(n = 562–573)

All Districts

(SE)

(n = 1,356–1,381)

English language development for ELs 

(e.g., English as a Second Language 

instruction) within or outside the regular 

classroom

95.1

(1.40)

95.4

(1.62)

97.3

(0.89)

98.5

(0.52)

96.5

(0.60)

Instruction in the language arts of the 

native language

20.1

(2.68)

41.2

(3.58)

38.2

(2.64)

58.8

(2.18)

38.2

(1.43)

Instruction in content areas (math, 

science, social studies) involving 

significant (at least 25%) use of the 

native language

22.0

(2.76)

51.5

(3.60)

37.6

(2.63)

57.8

(2.19)

38.4

(1.44)

Instruction in content areas using 

English but specially designed for ELs 

(e.g., sheltered instruction, SIOP)

64.0

(3.21)

83.6

(2.65)

86.5

(1.86)

92.2

(1.19)

80.7

(1.25)

Two-way immersion programs 

involving both ELs and native English 

speakers

22.7

(2.81)

24.5

(3.11)

21.4

(2.19)

42.6

(2.18)

27.2

(1.31)

Special instruction for newcomers to 

U.S. schools

41.5

(3.30)

45.8

(3.63)

53.1

(2.70)

61.9

(2.18)

50.2

(1.51)

Exhibit reads: 95.1 percent of districts with 150 or fewer ELs reported using English language development 

for ELs within or outside the classroom at the elementary level.

Notes: These percentages are based on the following survey question: Approximately what percentage of ELs in the 

district participate in each of the following types of EL services at the elementary level?

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix C 169

Exhibit C.3

Percentage of ELs at the Secondary Level Participating in EL Services, 

by Number of ELs

Percentage of Districts, by Number of ELs in District

EL Services

1–150 ELs

(SE)

(n = 226–237)

151–300 ELs

(SE)

(n = 194–207)

301–1,000 ELs

(SE)

(n = 352–367)

More Than 1,000 ELs

(SE)

(n = 537–571)

All Districts

(SE)

(n = 1,309–1,381)

English language development for ELs 

(e.g., English as a second language 

instruction) within or outside the regular 

classroom

92.2

(1.08)

95.0

(1.60)

96.0

(1.00)

96.7

(0.85)

94.8

(0.71)

Instruction in the language arts of the 

native language

18.7

(2.64)

27.5

(3.33)

28.6

(2.51)

37.4

(2.20)

27.4

(1.35)

Instruction in content areas (math, 

science, social studies) involving 

significant (at least 25%) use of the 

native language

20.8

(2.76)

28.7

(3.37)

26.7

(2.44)

40.6

(2.22)

28.5

(1.36)

Instruction in content areas using 

English but specially designed for ELs 

(e.g., sheltered instruction, SIOP)

68.2

(3.14)

76.7

(3.08)

87.9

(1.78)

94.5

(1.08)

81.3

(1.26)

Two-way immersion programs 

involving both ELs and native English 

speakers

18.9

(2.66)

19.9

(2.98)

14.0

(1.89)

17.8

(1.72)

17.5

(1.19)

Special instruction for newcomers to 

U.S. schools

39.3

(3.30)

46.1

(3.71)

55.5

(2.72)

64.7

(2.21)

50.8

(1.53)

Exhibit reads: In districts with 150 or fewer ELs, 92.1 percent reported using English language 

development for ELs within or outside the regular classroom at the secondary level.

Notes: These percentages are based on the following survey question: Approximately what percentage of ELs in the 

district participate in each of the following types of EL services at the secondary level?

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix C 170

Exhibit C.4

Percentage of Title III Districts Providing EL Services That Use ESL Instruction 

and Content Instruction, by ELs Served and by Grade Level

ELs Served in District Percentage of Districts (SE) 

 Elementary

(n = 1,333–1,381)

Secondary

(n = 1,326–1,370)

Provided to at least one EL in district 

English language development for ELs 

(e.g., English as a Second Language 

instruction) within or outside the regular 

classroom 

96.5 (0.60) 94.8 (0.71)

Instruction in content areas using 

English but specially designed for ELs 

(e.g., sheltered instruction, SIOP)

80.7 (1.25) 81.3 (1.26)

Provided to all ELs in district 

English language development for ELs 

(e.g., English as a second language 

instruction) within or outside the regular 

classroom 

48.6 (1.51) 39.4 (1.51)

Instruction in content areas using 

English but specially designed for ELs 

(e.g., sheltered instruction, SIOP)

19.9 (1.22) 18.2 (1.20)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit C.5

Percentage of Title III Districts Providing EL Services 

That Use Native Language, by Grade Level

Grade Level Percent of Districts Providing Services That Use Native Language Instruction (SE) 

All grades 57.2 (1.49)

Elementary 51.0 (1.51)

Secondary 42.1 (1.52)

Note: All grades: n = 1,398; elementary: n = 1,365; secondary n = 1,315

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix C 171

Exhibit C.6

Percentage of Title III Districts, by Type of Native-Language Instruction

and by Grade Level

Type of Native Language Instruction Percentage of Districts (SE)

 Elementary

(n = 1,356–1,364)

Secondary

(n = 1,309–1,316)

Provided to majority of ELs in district

Native language instruction 16.8 (1.13) 11.7 (1.04)

Provided to all ELs in district

Content area instruction involving

significant (at least 25 percent) use of 

native language

1.7 (0.39) 1.4 (0.36)

Native language arts 1.9 (0.42) 1.1 (0.34)

Two-way immersion programs 3.9 (0.63) 3.5 (0.62)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit C.7

Percentage of Districts Providing EL Services That Use Native Language,

by Number of ELs, Spanish Language Concentration, and Grade Level

Number of ELs or Spanish Language

Concentration

Percentage of Districts Providing EL Services

That Use Native Language

Elementary (SE) Secondary (SE)

All Districts 50.9 (1.51) 42.1 (1.52)

By Number of ELs

1–150 ELs 36.7 (3.22) 32.7 (3.19)

151–300 ELs 55.4 (3.60) 45.8 (3.69)

301–1,000 ELs 49.8 (2.71) 43.1 (2.73)

More than 1,000 ELs 66.4 (2.10) 49.7 (2.27)

By Spanish Language Concentration

Spanish less than 50% of ELs 35.8 (3.18) 31.6 (3.15)

Spanish between 51 and 90% of ELs 48.2 (2.73) 38.9 (2.70)

Spanish greater than 90% of ELs 59.4 (2.33) 48.7 (2.42)

Exhibit Reads: 36.7 percent of districts with 1–150 ELs provided EL services using native language at the 

elementary level, and 32.7 percent of districts with 1–150 ELs provided EL services using native language at 

the secondary level.

Note: For the elementary level, all districts: n = 1,365; by number of ELs: n = 1,365; and by Spanish language 

concentration: n = 1,258. For the secondary level, all districts: n = 1,315; by number of ELs: n = 1,315; and by 

Spanish language concentration: n = 1,211. 

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix C 172

Exhibit C.8

Percentage of Title III Districts, by Factors Considered in

Placing Students in EL Services

Factors Considered in Placement Percentage of Districts (SE) 

(n = 1,332–1,392)

English proficiency assessments (including both state-mandated and 

district-selected) 98.0 (0.47)

Parental input/choice 73.5 (1.37)

Teacher judgment 65.0 (1.46)

Progress tests (also called interim, benchmark, or diagnostic tests) 57.7 (1.50)

State academic content area tests 47.9 (1.53)

Class grades 46.2 (1.54)

Home language survey 41.8 (1.52)

Years in the EL service program 38.8 (1.48)

Other standardized achievement tests in English 36.4 (1.48)

Grade level 31.8 (1.38)

Years in the U.S. 30.6 (1.38)

Native language proficiency tests or standardized achievement tests in

native language 30.0 (1.32)

Note: The weight of these factors may vary when districts make placement decisions, but the exhibit does not 

consider this difference.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit C.9

Percentage of ELs in Title III Districts That Did Not Participate in

EL Services Because of Parental Choice

District Action

Percentage of ELs in Districts (SE)

(Weighted by Student Weight)

(n = 1,364)

Not participating in EL services due to parental choice 2.7 (0.28)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix C 173

Exhibit C.10

Percentage of Title III Districts That Reported Lack of Proven Curricula and Programs

as a Moderate or Major Challenge

Issue

Percentage of Districts That Reported Issue

as a Moderate or Major Challenge (SE) 

(n = 1,407)

Lack of proven curricula and programs 43.1 (1.47)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

APPENDIX D:

SUPPORTING MATERIALS ON

STANDARDS AND ASSESSMENTS

Appendix D 177

Appendix D. Supporting Materials

on Standards and Assessments 

Description of Multistate Consortia

The following are the original four multistate consortia: 

The World-Class Instructional Design and Assessment Consortium 

Established in early 2003 as a collaborative of just three states—Wisconsin (the consortium lead), 

Delaware, and Arkansas—the WIDA Consortium grew quickly, and by October of that year, included an 

additional five states and the District of Columbia. Practitioners from these eight states collaborated with 

WIDA experts to develop the WIDA ELP (English language proficiency) standards (first released in 

February 2004 and updated in 2007), which were grounded in the state academic content standards from 

each member state. These standards became the basis for a system of aligned ELP assessments, 

including an annual ELP progress assessment, the ACCESS for ELLs (completed in spring 2004), as well 

as two placement assessments, the WIDA ACCESS Placement Test (W-APT) (completed in 2005 and 

updated in 2006) and the WIDA Measure of Developing English Language (MODEL) (completed in 

2007–08). WIDA differs from other consortia in that its member states tend to adopt the WIDA ELP 

standards and ACCESS for ELLs assessment as a set. This approach helps states fulfill the 

Title III requirement that state ELP standards and assessments be aligned, as experts from WIDA’s 

partnering organizations114 conduct analyses to ensure this alignment. WIDA experts also provide 

support to the consortium’s member states in analyzing the WIDA ELP standards’ alignment with 

individual states’ content standards, as also required under Title III. Due in part to its approach to 

standards and assessment alignment, WIDA’s membership has grown steadily since 2003 and, as of 

2009–10, includes 21 states and the District of Columbia (http://www.wida.us/index.aspx).115 

The State Collaboratives on Assessment and Student Standards Limited 

English Proficient Consortium

The State Collaborative on Assessment and Student Standards (SCASS) English Language Learner (ELL 

SCASS) (formerly known as the Limited English Proficient (LEP SCASS)) consortium constituted the 

largest of the original four consortia in the Department of Education’s FY 2002 Enhanced Assessment 

Grant competition, representing a total of 16 states.116 Similar to the WIDA Consortium, the ELL 

SCASS consortium began its ELP assessment development work by establishing a core set of ELP 

standards that were grounded in the state ELP standards that existed among its members at that time 

(AIR, 2005). These standards served as the basis for the consortium’s English Language Development 

Assessment (ELDA) and also guided the development of its member states’ own ELP standards. 

However, rather than adopting the consortium ELP standards directly, as many of the WIDA states did, 

 114. WIDA also includes key partnerships with the Center for Applied Linguistics (CAL), the School for 

International Training (SIT), the University of Illinois at Urbana-Champaign, the Wisconsin Center for Education 

Research (WCER), and Meritech, Inc.

115. As of 2009–10, WIDA states included Alabama, Delaware, the District of Columbia, Georgia, Hawaii, Illinois, 

Kentucky, Maine, Mississippi, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, 

Pennsylvania, Rhode Island, South Dakota, Vermont, Virginia, Wisconsin, and Wyoming. 

116. Key partnerships for the LEP-SCASS consortium include the Council of Chief State School Officers (CCSSO), 

the American Institutes for Research (AIR), the Center for Studies in Assessment Validity and Evaluation (C-SAVE) at 

the University of Maryland, and Measurement, Inc.
Appendix D 178

ELL SCASS states tended to view the ELDA standards (and the consortium itself) as a resource for 

developing their own state ELP standards.117 The ELDA assessment was released in 2005 and first 

implemented by four states in the spring of that year (Abedi 2007). By 2006–07, seven118 states were 

administering ELDA as their annual ELP assessment, and each of those states continued to use ELDA 

as of 2009–10.119 

117. Based on state reports from the National Evaluation of Title III Implementation state Title III director interviews, 

conducted in 2009–10, and the Study of State Implementation of No Child Left Behind state Title III director interviews, 

conducted in 2006–07. 

118. In addition to these seven states, Ohio uses an abbreviated version of ELDA, known as the Ohio Test of 

English Language Acquisition (OTELA). 

119. Based on state reports and reviews of state policy documents conducted as part of the National Evaluation of 

Title III Implementation State Title III director interview data collection in 2009–10. 

In 2006–07, the Council of Chief State School Officers (CCSSO) formed a new consortium, the English 

Language Development Assessment State Collaboratives on Assessment and Student Standards

(ELDA SCASS), composed of the subset of ELL SCASS states that chose to implement ELDA as their 

annual ELP assessment. While ELL SCASS states continued to collaborate on broader ELL and 

Title III issues, the collaboration among the ELDA SCASS states included a focus on ensuring and 

documenting ELDA’s technical quality, developing new ELDA test items, and creating tools and 

resources to facilitate implementation of ELDA. 

The English Proficiency for All Students Consortium 

The English Proficiency for All Students (EPAS) Consortium began as a collaboration among 

four states—Pennsylvania (the consortium lead), Maryland, Michigan, and Tennessee120—with the goal 

of assisting one another in “assessing and providing results for all ELL learners” (U.S. Department of 

Education, 2009). Later joined by a fifth member, Florida, the EPAS consortium did not share other 

consortia’s focus on ELP standards development (Taylor et al. 2010), but it did create a set of 

proficiency benchmarks that were determined to align with the three sets of state ELP standards 

(Florida’s, Pennsylvania’s, and Michigan’s) that were in place among its members at that time (Abedi 

2007; Rossell 2005). The EPAS consortium instead focused on developing the Comprehensive English 

Language Learning Assessment (CELLA), which was released in 2005 and first administered by 

Tennessee in 2005–06 and by Florida in 2006–07 (Taylor et al. 2010). The EPAS Consortium no longer 

exists, but Florida continued to administer the CELLA as late as the 2009–10 school year. Tennessee 

replaced the CELLA with the ELDA assessment in 2006–07 after an alignment study indicated that the 

CELLA was not aligned with the state’s English as a Second Language (ESL) curriculum.121 

120. Key partners for the EPAS Consortium included the Educational Testing Service (ETS) and Accountability 

Works. 

121. Based on information included in a Tennessee State Board of Education meeting document dated November 

2, 2007, available at http://state.tn.us/sbe/Nov07/VE_ESL_CurrStds.pdf. 

The Mountain West Assessment Consortium

The Mountain West Assessment Consortium (MWAC) was established by a set of eight states—Utah 

(the consortium lead), Montana, Idaho, New Mexico, Colorado, Oregon, Wyoming, and North 

Dakota—which were all located in the mountain west and northern plains regions of the United States 

and shared somewhat similar EL populations (e.g., composed of both Spanish speakers and speakers of 

American Indian languages, as well as a mixture of both immigrant students and American-born ELs). 

MWAC aimed to develop an ELP assessment that would not only satisfy ESEA requirements for 

identifying and assessing ELs but serve as a tool for shaping EL learning and instruction. This 

 
Appendix D 179

consortium designed its ELP assessment to be aligned with Colorado’s state ELP standards, which 

served as a foundation for the MWAC English language development (ELD) standards. Items for the 

Mountain West ELP Assessment were developed by educators and specialists from the consortium’s 

member states, and final forms of the assessment were created in 2004–05, but the consortium’s grant 

ended, and the consortium dissolved before the test was fully operational. Several former Mountain West 

states—including Montana, Utah, Idaho, and Michigan—did, however, incorporate test items from the 

Mountain West Assessment into their own state-developed ELP assessments (Abedi 2007; Northwest 

Regional Educational Laboratory 2006; Taylor et al. 2010). 

Exhibit D.1 shows the membership of each of the original four multistate consortia as of 2002–03 and 

2009–10. 
Appendix D 180

Exhibit D.1

Membership of Original Four Multistate Consortia for the Development of ELP Standards 

or Assessments

Membership 

Period

World-Class Instructional 

Design and Assessment 

(WIDA) Consortium

(ACCESS for ELLs)

ELL SCASS

(formerly LEP SCASS) and 

ELDA SCASS

(ELDA)

English Proficiency for All 

Students (EPAS) 

Consortium

(CELLA)

Mountain West Assessment 

Consortium

(Mountain West Assessment)

State membership 

during initial FY 2002 

Enhanced 

Assessment Grant 

Competition (awarded 

in February 2003)

3 states: Wisconsin (lead), 

Arkansas, and Delaware

16 states: Nevada (lead), 

Indiana, Iowa, Kentucky, 

Louisiana, Massachusetts, 

Michigan, Nebraska, New 

Jersey, New York, Ohio, 

Oklahoma, Oregon, South 

Carolina, Texas, and West 

Virginia

4 states: Pennsylvania (lead), 

Maryland, Michigan, and 

Tennessee

8 states: Utah (lead), 

Montana, Idaho, New Mexico, 

Colorado, Oregon, Wyoming, 

and North Dakota

Most recent state 

membership 

information available

21 states and DC (as of 

2009–10): Alabama, 

Delaware, the District of 

Columbia, Georgia, Hawaii, 

Illinois, Kentucky, Maine, 

Mississippi, New Hampshire, 

New Jersey, New Mexico, 

North Carolina, North Dakota, 

Oklahoma, Pennsylvania, 

Rhode Island, South Dakota, 

Vermont, Virginia, Wisconsin, 

and Wyoming

ELL SCASS

25 states (as of 2007–08):

Alaska, Kentucky, South 

Carolina, Arkansas, 

Louisiana, South Dakota, 

California, Maine, Tennessee, 

Connecticut, Maryland, Utah, 

Delaware, Michigan, West 

Virginia, Florida, Nebraska, 

Wisconsin, Idaho, Nevada, 

Wyoming, Indiana, Ohio, 

Iowa, and Pennsylvania

ELDA SCASS:

7 states (as of 2007–08): 

Arkansas, Iowa, Louisiana, 

Nebraska, South Carolina, 

Tennessee, and West Virginia

N/A N/A

States using 

consortium-developed 

ELP assessment as of 

2009–10

21 states and DC:

Alabama, Delaware, the 

District of Columbia, Georgia, 

Hawaii, Illinois, Kentucky, 

Maine, Mississippi, New 

Hampshire, New Jersey, New 

Mexico, North Carolina, North 

Dakota, Oklahoma, 

Pennsylvania, Rhode Island, 

South Dakota, Vermont, 

Virginia, Wisconsin, and 

Wyoming

7 states: Arkansas, Iowa, 

Louisiana, Nebraska, South 

Carolina, Tennessee and 

West Virginia

Note: Ohio uses a modified 

version of the ELDA known as 

the Ohio Test of English 

Language Acquisition 

(OTELA)

1 state: Florida None, but test items have 

been incorporated (to varying 

degrees) in ELP assessments 

used by 4 states: Idaho, 

Michigan, Montana, and Utah 

Source: Based on press release issued by U.S. Department of Education in February 2003, available at 

http://www.ed.gov/news/pressreleases/2003/02/02122003a.html; on information gathered from 

consortia-sponsored websites, available at http://www.wida.us/index.aspx, 

http://www.ccsso.org/projects/SCASS/Projects/Assessment_for_English_Language_Learners/, and 

http://www.ccsso.org/projects/scass/Projects/English_Language_Development_Assessment/; and on state 

reports and reviews of state policy documents conducted as part of the National Evaluation of 

Title III Implementation State Title III Director Interview Data Collection in 2009–10.

Since 2007, at least three additional consortia of states have formed to address ELP assessment issues 

(see Exhibit D.2). While the focus of the original four consortia lay primarily in developing new ELP 

assessments, the goals of these more recent multistate consortia have centered on various aspects of 

ELP assessment and Title III implementation, such as evaluating the alignment among standards, 

assessments, and/or teacher instruction to support ELs. These additional consortia are 
Appendix D 181

The English Language Proficiency Collaboration and Research Consortium 

The English Language Proficiency Collaboration and Research Consortium (ELPCRC) was established 

in October 2007 by six states—Colorado, Connecticut, Hawaii,122 Indiana, Maryland, and Nevada—that 

had adopted the commercially developed LAS Links test (published by CTB/McGraw-Hill) as their 

annual Title III ELP assessment.123 Later joined by Missouri, these states chose to come together for the 

purposes of sharing ideas and information, promoting consistency and quality among their diverse array 

of Language Instruction Educational Programs (LIEPs), and developing research to improve ELL 

instruction and assessment (http://www.elpcrc.org/). In 2009–10, officials from two ELPCRC states 

reported collaborating with other consortium members on such issues as setting and revising 

Title III annual measurable achievement objectives (AMAOs) and examining the alignment between 

ELP and content standards.124 

122. Hawaii joined the WIDA Consortium in July 2009, adopting the ACCESS for ELLs assessment to replace the 

LAS Links. The state appears to no longer be affiliated with the ELPCRC.

123. Colorado uses the Colorado English Language Assessment (CELA), a version of the LAS Links assessment 

that has been modified to better align with the state’s ELP standards.

124. Based on state reports from the National Evaluation of Title III Implementation state Title III director interviews, 

conducted in 2009–10. 

The Iowa Consortium 

The Iowa Consortium (SEC-ELL), Iowa and nine other states,125 received funding through the 

FY 2006 Enhanced Assessment Grant competition to support the consortium’s efforts to establish 

instruments and tools for applying a Surveys of Enacted Curriculum (SEC) analytic model (an approach 

that has been used to examine alignment among standards, assessments, and instruction in the content 

areas) to help states evaluate the alignment among standards, assessments, and instructional practices 

targeting ELs. This project grew out of a need identified by members of the ELL-SCASS consortium for 

additional tools and resources to improve EL assessment practices (CCSSO 2009). 

125. According to Iowa’s project abstract for the FY 2006 Enhanced Assessment Grant competition, the Iowa 

Consortium SEC-ELL includes Florida, Idaho, Iowa, Maine, Minnesota, Ohio, Utah, Virginia, Wisconsin, and an 

additional state “to be named.” Key partners for the consortium include the Council of Chief State School Officers 

(CCSSO); Wisconsin Center for Education Research (WCER); edCount, LLC; and WestEd, Inc.

The Evaluating the Validity of English Language Proficiency Assessments 

Consortium 

In 2009, five states joined together to form the Evaluating the Validity of English Language Proficiency 

Assessments (EVEA) Consortium. These states—Washington (consortium lead), Montana, Indiana, 

Idaho, and Oregon—implemented their own independently developed ELP standards and 

assessments.126 With financial assistance from a federal Enhanced Assessment Grant awarded in the 

FY 2008 competition, this consortium aims to design and then implement a model for examining the 

validity of state ELP assessments, as well as the alignment between state ELP assessments and state ELP 

standards (U.S. Department of Education 2009). 

 

126. Key partners for the EVEA Consortium include edCount, LLC; the National Center for the Improvement of 

Educational Assessment (NCIEA); the Department of Education at the University of California Los Angeles; Synergy 

Enterprises, Incorporated (SEI); and the Pacific Institute for Research and Evaluation (PIRE).
Appendix D 182

Exhibit D.2

Membership of Three Additional Multistate Consortia With Focus on

State ELP Standards or Assessments, 2009–10

Membership Period

English Language 

Proficiency Collaboration 

and Research Consortium 

(ELPCRC)

Iowa Consortium

(SEC–ELL)

Evaluating the Validity of 

English Language 

Proficiency Assessments 

(EVEA) Consortium

Most recent state 

membership 

information available

Colorado, Connecticut, 

Indiana, Maryland, Missouri,

and Nevada

Florida, Idaho, Iowa, Maine, 

Minnesota, Ohio, Utah, 

Virginia, and Wisconsin 

Washington, Montana, 

Indiana, Idaho, and Oregon

Source: Based on consortium website, available at http://www.elpcrc.org.; FY 2006 Enhanced Assessment Grant 

Award abstract, available at http://www.ed.gov/programs/eag/awards06.html#ia.; and an edCount press 

release, available at http://www.edcount.com/news/edCount_EAG_Award.pdf, and FY 2008 Enhanced 

Assessment Grant Award abstract, available at http://www.ed.gov/programs/eag/awards08.html#wa.

State and District Support for English Language Proficiency 

Standards Implementation

Exhibit D.3

Percentage of Title III Districts That Provided Training on and Engaged in Activities 

To Increase Alignment of English Language Development Instruction

With State ELP Standards

District Action Percentage of Districts (SE)

Provided training on state ELP standards (n = 1,397) 74.9 (1.32)

Engaged in activities to increase alignment of ELD instruction with state ELP 

standards (n = 1,407) 61.3 (1.47)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix D 183

Exhibit D.4

Percentage of Title III Districts That Provided Activities to Increase Alignment of

English Language Development Instruction With State ELP Standards

Since September 2008, by Number of ELs

District Action

Percentage of Districts That Provided Activities to Increase Alignment

of English Language Development Instruction With State ELP Standards

 

1–150 ELs

(SE) 

(n = 233–237)

151–300 ELs

(SE) 

(n = 205–207)

301–1,000 ELs

(SE) 

(n = 374–376)

More Than 

1,000 ELs

(SE) 

(n = 576–585)

All Districts

(SE) 

(n = 1,390–

1,405)

Provided teachers 

training on ELP 

standards

31.8 

(3.08)

41.7 

(3.55)

44.1 

(2.64)

54.7 

(2.19)

42.4 

(1.46)

Provided teachers 

training on 

instructional methods

32.0 

(3.08)

40.5 

(3.53)

42.3 

(2.62)

55.1 

(2.18)

41.9 

(1.45)

Made changes in 

texts or curriculum 

materials

31.4 

(3.08)

36.8 

(3.48)

40.8 

(2.61)

49.6 

(2.19)

39.2 

(1.45)

Made changes in 

assessment 

measures or methods

21.3 

(2.70)

26.3 

(3.14)

28.1 

(2.38)

36.1 

(2.12)

27.6 

(1.30)

Mandated districtwide curricula18.7 

(2.59)

21.4 

(2.94)

26.9 

(2.33)

38.1 

(2.13)

25.9 

(1.26)

Adopted new 

instructional or pacing 

guides

14.9 

(2.33)

23.0 

(3.01)

23.9 

(2.24)

36.7 

(2.07)

24.0 

(1.21)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix D 184

Exhibit D.5

Average Number of Actions Taken to Increase Alignment of

English Language Development Instruction With State ELP Standards

Since September 2008, by AMAO Status and Number of ELs

District Action Average Number of 

Actions Taken (To Increase Alignment Only) (SE)

All Districts (n = 1,407) 2.0 (0.06)

By Title III Designation (n = 1,318)

Not designated as missing AMAOs 1.8 (0.08)

Missed AMAOs for 2 consecutive years 2.1 (0.13)

Missed AMAOs for 4 consecutive years 3.1 (0.18)

By Numbers of ELs (n = 1,407) 

1–150 ELs 1.5 (0.12)

151–300 ELs 1.9 (0.15)

301–1,000 ELs 2.1 (0.11)

More than 1,000 ELs 2.7 (0.10)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix D 185

State ELP Tests, 2009–10

Exhibit D.6

State ELP Assessments in 2009–10 and First Year Current ELP Assessment Implemented

State ELP Assessment 

State Name WIDA 

ACCESS 

for ELLs

ELDA LAS 

Links

State 

Developed Other

First Year Current ELP 

Assessment Was 

Implemented

Total 22 8 6 13 2 NA

Alabama Yes 2004–05

Alaska Yes 2005–06 a

Arizona Yes 2006–07

Arkansas Yes 2006–07

California Yes 2001–02

Colorado Yes b 2006–07 a

Connecticut Yes 2005–06

Delaware Yes 2005–06

District of Columbia Yes 2005–06

Florida Yes-CELLA 2006–07

Georgia Yes 2005–06 a

Hawaii Yes 2009–10

Idaho Yes 2006–07 a

Illinois Yes 2005–06

Indiana Yes 2005–06

Iowa Yes a 2006

Kansas Yes 2004–05

Kentucky Yes 2006–07

Louisiana Yes 2004–05

Maine Yes 2005–06

Maryland Yes 2005–06

Massachusetts Yes 2008–09

Michigan Yes 2005–06

Minnesota Yes

TEAE c (2001–02), 

MN SOLOM d 

(2002–03), 

observation matrix 

(2003–04)

Mississippi Yes 2003–04 a

Missouri Yes 2008–09

Montana Yes–MontCAS ELP e 2005

Nebraska Yes 2004–05

Nevada Yes 2004–05

New Hampshire Yes 2005–06

continued next page 
Appendix D 186 

Exhibit D.6 (continued)

State ELP Assessment in 2009–10 and First Year Current ELP Assessment Implemented

State ELP Assessment 

State Name WIDA 

ACCESS 

for ELLs

ELDA LAS 

Links

State 

Developed Other

First Year Current ELP 

Assessment Was 

Implemented

New Jersey Yes 2005–06 a

New Mexico Yes 2009–10

New York Yes 2002–03

North Carolina Yes 2008–09

North Dakota Yes 2006–07

Ohio Yes a 2005–06 a

Oklahoma Yes 2005–06 a

Oregon Yes 2006–07 a

Pennsylvania Yes 2006–07

Rhode Island Yes 2005–06

South Carolina Yes 2004–05

South Dakota Yes 2005–06 a

Tennessee Yes 2006–07

Texas Yes 2007–08

Utah Yes 2006–07

Vermont Yes 2006–07a

Virginia Yes 2008–09

Washington Yes 2006–07 a

West Virginia Yes 2004–05

Wisconsin Yes 2005–06

Wyoming Yes 2009–10

Exhibit reads: Twenty-one states and the District of Columbia used the WIDA ACCESS for ELLs as their 

State ELP Assessment in 2009–10.

Notes: a Based on SSI study data, pending confirmation from state for this study.

b State uses a modified version of this assessment.

c Test of Emerging Academic English

d Minnesota Student Oral Language Observation Matrix

e Developed by Measured Progress, former Mountain West Assessment Consortium

Source: Evaluation of State and Local Implementation of Title III, State Interview Data, 2009–10.
Appendix D 187

State-by-State EL Participation Rates in State ELP Test, 2008–09

Exhibit D.7

Percentage of 2008–09 ELs Participating in ELP Assessment,

by All ELs and Title III–Served ELs

continued on next page 
Appendix D 188

Exhibit D.7 (continued)

Percentage of 2008–09 ELs Participating in ELP Assessment,

by All ELs and Title III–Served ELs

Exhibit reads: In Alabama, 89 percent of Title III–served ELs participated in the state ELP assessment in 

2008–09. 

Source: Consolidated State Performance Reports, 2008–09.
Appendix D 189

District Use of Student Testing Data, by Number of ELs

Exhibit D.8

Percentage of Title III Districts and of Title III Districts With More Than 1,000 ELs,

by Districts’ Use of Testing Data

Assessment

Percentage of Districts

(SE) 

(n = 1,356–1,393)

Percentage of Districts With

More Than 1,000 ELs

(SE) 

(n = 555–577)

 

To Group 

for 

Instruction

To Detect 

Gaps in 

Curriculum

To Plan 

Professional 

Development

To Group 

for 

Instruction

To Detect 

Gaps in 

Curriculum

To Plan 

Professional 

Development

State ELP test 84.7

(1.13)

68.2 

(1.42)

72.6 

(1.38)

92.2 

(1.16)

72.1 

(2.02)

82.2 

(1.70)

State academic 

content area tests

72.2 

(1.38)

81.9 

(1.21)

79.2 

(1.27)

80.4 

(1.85)

87.3 

(1.54)

89.5 

(1.36)

Other district-wide 

language 

proficiency 

assessments

54.1 

(1.51)

50.6 

(1.52)

46.4 

(1.51)

61.0 

(2.18)

54.4 

(2.24)

51.7 

(2.24)

Progress tests 

(also called 

interim, 

benchmark, or 

diagnostic tests)

77.1

(1.31)

79.3 

(1.27)

66.6 

(1.44)

84.2 

(1.63)

86.6 

(1.53)

77.2 

(1.86)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix D 190

Exhibit D.9

District Use of Student Testing Data, by Number of ELs

Student Classification 1–150 ELs

(SE)

151–300 ELs 

(SE)

301–1,000 ELs 

(SE)

More Than 1,000 

ELs (SE)

All Districts

(SE)

By grade 92.6

(1.69)

94.1

(1.70)

97.7

(0.84)

96.7

(0.87)

95.2

(0.68)

By level of English language 

proficiency (e.g., beginning, 

developing)

87.0

(2.23)

88.7

(2.34)

89.8

(1.63)

94.7

(1.01)

89.8

(0.95)

By years in EL services 63.4

(3.21)

58.1

(3.55)

67.1

(2.49)

76.6

(1.88)

66.3

(1.44)

By type of EL services or 

program

46.2

(3.31)

57.2

(3.57)

54.8

(2.64)

70.5

(2.03)

56.4

(1.49)

By native language 39.5

(3.24)

41.5

(3.55)

42.3

(2.62)

53.9

(2.19)

43.9

(1.48)

Exhibit reads: Of Title III districts with 1–150 ELs, 92.5 percent examined student testing data for ELs 

broken down by grade.

Note: n = 1,396–1,406.

Source: Evaluation of State and Local Implementation of Title III, District Survey, 2009–10.
Appendix D 191

Exhibit D.10

Percentage of Title III Districts, by Type of Testing Accommodations Provided

and by Number of ELs

Testing 

Accommodations

1–150 ELs

(SE) 

(n = 234–237)

151–300 ELs

(SE) 

(n = 203–207)

301–1,000 ELs

(SE) 

(n = 374–377)

More Than 

1,000 ELs

(SE) 

(n = 574–580)

All Districts

(SE) 

(n = 1,386–

1,401)

Testing in small 

groups or separate 

rooms

90.1

(1.97)

88.1 

(2.27)

85.2 

(1.87)

82.0 

(1.67)

86.5 

(0.98)

Extended time 86.8 

(2.23)

86.6 

(2.41)

86.4 

(1.80)

81.8 

(1.68)

85.5 

(1.03)

Directions or 

questions read aloud 

in English

81.6 

(2.56)

82.3 

(2.69)

82.5 

(2.04)

82.4 

(1.65)

82.2 

(1.15)

Bilingual glossaries or 

dictionaries

65.2 

(3.14)

63.8 

(3.42)

66.4 

(2.53)

76.7 

(1.90)

67.8 

(1.42)

Additional breaks 

offered between 

sessions

56.7 

(3.28)

65.7 

(3.43)

64.1 

(2.54)

66.0 

(2.08)

62.7 

(1.46)

Directions translated 

or read in native 

language

44.1 

(3.30)

52.6 

(3.61)

49.3 

(2.65)

62.7 

(2.12)

51.6 

(1.50)

English glossaries or 

dictionaries

47.6 

(3.33)

50.8 

(3.60)

44.7 

(2.64)

52.9 

(2.21)

48.7 

(1.51)

Native language test 20.7 

(2.67)

29.5 

(3.29)

25.7 

(2.33)

40.1 

(2.16)

28.3 

(1.32)

Dictation of answers 

or use of a scribe

22.7 

(2.78)

27.0 

(3.25)

27.0 

(2.39)

26.5 

(1.96)

25.6 

(1.32)

Simplified English test 

or more visuals

16.7 

(2.46)

22.8 

(3.05)

24.0 

(2.29)

24.4 

(1.89)

21.7 

(1.23)

Side-by-side bilingual 

version of the test

17.2 

(2.49)

21.8 

(3.00)

24.1 

(2.30)

23.3 

(1.90)

21.4 

(1.23)

Test taker response 

in native language

13.9 

(2.28)

16.2 

(2.69)

22.1 

(2.23)

21.5 

(1.83)

18.4 

(1.14)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

APPENDIX E:

SUPPORTING MATERIALS ON ACCOUNTABILITY

Appendix E 195

Appendix E. Supporting Materials on Accountability 

National Clearinghouse for English Language Acquisition (NCELA) Summary of Title III Notice of 

Final Interpretations

The U.S. Department of Education’s Notice of Final Interpretations (NOFI), released in October 2008, provided clarification on the 

Department’s interpretation of several Title III provisions. NCELA developed a concise summary of the NOFI, which is provided below 

(National Clearinghouse for English Language Acquisition 2008c). The full text of the NOFI, as published in the Federal Register, is available 

online at http://edocket.access.gpo.gov/2008/E8-24702.htm (U.S. Department of Education 2008). 

Summary of Title III Notice of Final Interpretations 

Background:

—The Department published a Notice of Proposed Interpretations regarding implementation of Title III assessment and accountability 

provisions in May 2008 and provided a 30-day public comment period. 

—The Department received 74 comments from 24 states, as well as from numerous advocacy groups for LEP students, and assessment 

experts. 

—The Notice of Final Interpretations provides an analysis of the comments and ten final interpretations that reflect consideration of the 

feedback received on the proposed interpretations. 

—The Notice of Final Interpretations was published in the Federal Register on Friday, October 17, 2008. 

Purpose:

The final interpretations in this Notice— 

—Provide states with guidance on the implementation of Title III consistent with the basic tenets and goals of NCLB. 

—Correct conflicting guidance provided by the Department and others regarding Title III assessment (ELP—English language proficiency 

assessments) and accountability (Annual Measurable Achievement Objectives—AMAO) requirements. 

—Give notice to states that, based on these final interpretations, they may need to amend their Title III Consolidated State plans, by the 

same process the Department uses for accepting and reviewing amendments to Title I Accountability Workbooks. Changes need to be in 

place for the AMAO determination States make based on ELP assessments administered in the 2009–2010 school year.
Appendix E 196

Exhibit E.1 

NCELA Summary of NOFI

Interpretation Issues Addressed by Interpretation Rationale

1. States must annually assess all LEP 

students for English language proficiency. All 

Title III–served LEP students must be assessed 

annually in each of the language domains of 

speaking, listening, reading, and writing. 

Some states have asked if they may exempt LEP 

students from an annual English language 

proficiency (ELP) assessment in any domain in 

which the student scored proficient. Some want to 

“bank” proficient scores until the student is 

proficient in all domains. 

A proficient score at one grade level (for example, 

third grade) does not mean a student will be 

proficient in a subsequent grade level (for example, 

sixth grade) in the same language domain, since 

language demands increase as a student 

advances in school.

The plain language of Title III indicates that LEP 

students served by the program must participate in 

an annual ELP assessment in four language 

domains. Furthermore, Title I also requires an 

annual ELP assessment in four language domains 

for all LEP students. 

2. States have some flexibility in how they 

structure the ELP assessments they use. States 

may use ELP assessments that provide either 

(1) separate scores in each of the language 

domains or (2) a single composite score, so long 

as the state can demonstrate that the assessment 

meaningfully measures student progress and 

proficiency in each of the language domains, and 

overall, is valid and reliable for the purposes for 

which it is being used. In addition, this 

interpretation gives states flexibility in how they 

define “progress” for accountability purposes. 

Some states had questions about whether their 

ELP assessments needed to generate separate, 

valid, and reliable scores for each language 

domain or whether they could use an overall 

composite score across the domains as a measure 

of student progress and/or proficiency. In addition, 

some states were advised that a student had to 

show progress in each and every domain each 

year to be considered to be making any progress 

in English for AMAO 1 (number and percent of 

students making progress learning English 

annually). 

The Department wants to ensure that all domains 

are tested, measured, and reflected in 

Title III AMAO determinations. But the Department 

does not believe it is necessary or appropriate to 

mandate that states revise their ELP assessments 

so that they can generate separate valid and 

reliable domain scores for Title III accountability 

purposes. A single composite score can be an 

acceptable way to demonstrate student progress 

and proficiency across the required language 

domains. In addition, given the nature of language 

acquisition, some LEP students may make 

meaningful progress in learning English without 

necessarily making the same amount of progress 

in every domain in a given school year. States 

should be able to account for this in measuring 

AMAO 1. 

continued next page 
Appendix E 197

Exhibit E.1 (continued)

NCELA Summary of NOFI

Interpretation Issues Addressed by Interpretation Rationale

3. States must include all Title III–served LEP 

students in Title III accountability.

All Title III–served LEP students must be included 

in accountability determinations. The only 

exceptions are the scores of LEP students who 

have not participated in two administrations of a 

state’s annual ELP assessment (from AMAO 1) 

and the scores of LEP students excluded from 

AYP determinations under normal Title I rules 

(e.g., full academic year). 

Some states have systematically excluded 

students from Title III accountability in ways that 

are inconsistent with the law. For example, some 

states include LEP students in AMAO 1 or AMAO 2 

(number and percent of students attaining English 

language proficiency annually), but not both. In 

some states only LEP students who score at a 

certain minimum performance level on State ELP 

assessments are included in Title III accountability 

determinations. 

Consistent with the basic principles of NCLB, all 

students are to be included in assessment and 

accountability measures. The law provides no 

basis for systematically excluding some students 

served by Title III from AMAO determinations. 

4. States have flexibility in determining 

“progress” in English language proficiency. At 

a minimum, AMAO 1 must include all Title III–

served LEP students with two measures on the 

state’s ELP assessment. If a student does not 

have two measures from which to determine 

progress for AMAO 1, the state may propose to the 

Department an alternative method of calculating 

progress. The alternative method for measuring 

progress must be a valid and reliable measure of 

growth in English language proficiency. 

The purpose of this interpretation is to ensure that 

states include as many Title III-served LEP 

students in AMAO 1 as possible. Some states 

were advised that they were “prohibited” from 

including in accountability any student for whom 

the state did not have scores from two consecutive 

and consistent state ELP assessments. 

States should get credit for ensuring that LEP 

students make progress in English language 

proficiency. 

continued next page 
Appendix E 198

Exhibit E.1 (continued)

NCELA Summary of NOFI

Interpretation Issues Addressed by Interpretation Rationale

5. States have flexibility in defining 

“proficiency” in English under Title III, but are 

strongly encouraged to use the same definition 

they use to exit students from the LEP 

subgroup under Title I. A state may continue to 

use a definition for proficiency under Title III for 

AMAO 2 that differs from the definition the State 

uses to exit students from the LEP subgroup for 

Title I accountability purposes. 

Many states have two different definitions of 

language proficiency for LEP students for 

Title III and Title I purposes. In most cases, states 

use one definition of proficiency to determine 

whether a student has “attained proficiency in 

English” for purposes of Title III accountability 

(AMAO 2), and different standards of proficiency 

under Title I to “exit” a student from the LEP 

subgroup. Some contend that this was Congress’ 

intent and therefore, we strongly encourage, rather 

than require, a state to use a definition of 

proficiency for Title III purposes that is consistent 

with the definition of LEP under Title I. The 

interpretation clarifies that students who remain in 

the LEP subgroup—regardless of whether they 

“attain proficiency” under Title III—must continue to 

be eligible for Title III services and must participate 

in the state’s annual ELP assessment, as required 

under Title I. 

We strongly encourage states to use the same 

definition of proficiency for Title III as states use for 

Title I because the lack of consistent proficiency 

criteria creates confusion about which students are 

eligible for services under Title III, which students 

must participate in a state’s annual ELP 

assessment, and whether students should be 

included in AMAO determinations for 

Title III purposes. 

6. States may use a minimum group size in 

Title III accountability (“n-size”), but it must be 

the same as that approved under Title I. States 

may apply a minimum group size to its subgroups 

in general but not to separate “cohorts” of Title III–

served LEP students for which the state has set 

separate targets for AMAOs. If a state has formed 

consortia for the purposes of Title III funding, a 

state’s minimum group size may be applied to 

each consortia member only if AMAO 

determinations can be made. 

Many states are already implementing a minimum 

group size with Title III accountability provisions. 

Using an n-size for accountability of cohorts and 

consortia could result in many students being 

excluded from accountability determinations. 

We are not encouraging states to adopt minimum 

group size policies for Title III accountability 

provisions. We do not believe it will be necessary 

for most states to adopt such policies because 

Title III accountability requirements apply only at 

the LEA and state levels, not to individual schools. 

Furthermore, LEAs with very small numbers of 

LEP students are not typically eligible for 

Title III grant funds. 

continued next page 
Appendix E 199

Exhibit E.1 (continued)

NCELA Summary of NOFI

Interpretation Issues Addressed by Interpretation Rationale

7. States have flexibility to use the same AYP 

determination for the LEP subgroup under 

Title I for Title III accountability purposes 

(AMAO 3) and are encouraged to do so. If 

States have the capacity to track Title III–served 

students specifically, states may calculate a 

separate AYP for only Title III–served students for 

AMAO 3 purposes. 

The statutory language in Title III is not clear on 

which LEP students are expected to be included in 

Title III accountability—all LEP students or only 

Title III-served LEP students. 

The Department strongly encourages states to use 

the same criteria for determining AMAO 3 under 

Title III as it uses to determine AYP for the LEP 

subgroup under Title I because this directly ties 

accountability for English language acquisition 

under Title III to accountability for LEP students 

under Title I. As a practical matter, many states 

already calculate AMAO 3 for the state based on 

the entire LEP subgroup or at least all LEP 

students in LEAs receiving Title III subgrants. 

8. States may set separate AMAO targets for 

Title III subgrantees based on the amount of 

time LEP students have had access to 

language instruction educational programs.

The secretary interprets Title III to mean that 

(a) States may, but are not required to, establish 

“cohorts” for Title III accountability; and (b) States 

may set separate targets for separate groups or 

“cohorts” of LEP students served by Title III based 

only on the amount of time (for example, number of 

years) such students have had access to language 

instruction educational programs. 

Instead of using access to English language 

instruction for accountability determinations, 

numerous states have been setting AMAOs based 

on student performance on ELP assessments, 

grade levels, or the likelihood a student will reach 

proficiency in English in a given year. 

Title III requires states to take into account in 

AMAO determinations the time a student has spent 

in a language instruction educational program. It 

would be inconsistent with the statute to set 

different expectations for different LEP students

served by Title III based on their current language 

proficiency, individual abilities, time in the United 

States, or any criteria other than time in a language 

instruction educational program. The Department 

also believes that states can factor time in a 

language instruction educational program into state 

and LEA level AMAO determinations without 

necessarily establishing separate cohorts with 

separate targets. 

9. States have flexibility in making 

accountability determinations for consortia.

The secretary requires states to hold consortia, like 

any other eligible LEA, accountable under Title III, 

but believes that states should have discretion 

about whether to treat consortia that consist of 

more than one LEA as a single entity or as 

separate entities for Title III accountability. 

Some Department officials have limited states’

flexibility in making accountability determinations 

for consortia and have communicated that states 

must make accountability determinations for 

consortia by compiling all ELP assessment data 

and other applicable data from each consortia 

member and making one set of AMAO 

determinations that would apply to each consortia 

member. 

The statute is silent as to how consortia should be 

held accountable under Title III. Requiring states, 

in all cases, to treat consortia that consist of more 

than one LEA as a single entity is unnecessarily 

restrictive for most states. The Department wants 

to ensure that each state has a consistent set of 

decision rules about how AMAO determinations 

are made for consortia, but does not want to set 

those decision rules at the federal level. 

continued next page 
Appendix E 200

Exhibit E.1 (continued)

NCELA Summary of NOFI

Interpretation Issues Addressed by Interpretation Rationale

10. States must implement corrective actions

as required under Title III for every LEA for 

every school year. As part of its corrective 

actions, States must annually inform their LEAs

when the LEAs do not meet the state’s 

Title III accountability targets. In addition, states 

and LEAs must communicate this information to 

the parents of LEP students. Finally, states must 

implement required technical assistance and 

consequences. 

Some states have made accountability 

determinations under Title III, but have not 

informed their LEAs or parents about these 

determinations. Some states have also failed to 

implement any measures to address LEAs’ failure 

to meet accountability targets under Title III. 

It is important to be absolutely clear that States 

must communicate with LEAs and the parents of 

LEP students served by the LEA about student 

progress and achievement under Title III; these 

requirements are central to the purposes and goals 

of NCLB. 
Appendix E 201

Exhibit E.2

States That Reported Meeting All Three of Their AMAOs in 2008–09

State Met All AMAOs

in 2008–09 State Met All AMAOsin 2008–09

Alabama Yes Montana 

Alaska Nebraska Yes

Arizona Nevada 

Arkansas New Hampshire 

California New Jersey Yes

Colorado New Mexico 

Connecticut New York 

Delaware Yes North Carolina 

District of Columbia North Dakota 

Florida Ohio 

Georgia Oklahoma 

Hawaii Oregon 

Idaho Pennsylvania 

Illinois Rhode Island 

Indiana South Carolina Yes

Iowa South Dakota 

Kansas Tennessee Yes

Kentucky Texas Yes

Louisiana Utah 

Maine Yes Vermont 

Maryland Virginia 

Massachusetts Washington 

Michigan West Virginia 

Minnesota Wisconsin Yes

Mississippi Yes Wyoming 

Missouri Total 10 states

Exhibit reads: Alabama reported meeting all three of its state-level AMAOs in 2008–09.

Source: Consolidated State Performance Reports, 2008–09.
Appendix E 202

Exhibit E.3 

Percentage of ELs That Attended Title III Districts That Did Not Meet AMAOs

District Classification Percentage of ELs in Districts (SE)

(n = 1,268)

Districts that did not meet AMAOs 38.6 (3.40)

Note: Districts that responded “don’t know” to whether the district met its AMAOs were not included in this 

exhibit.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit E.4 

Percentage of Title III Districts, by Ability To Report AMAO Status

Ability to Report AMAO Status Percentage of Districts (SE) 

(n = 1,388)

Able to report AMAO status 89.3 (0.99)

Unable to report AMAO status 10.7 (0.99)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit E.5 

Percentage of Title III Districts That Reported Meeting AMAOs

in the Last School Year (2008–09)

District Action

Percentage of Districts Reporting 

an AMAO Status (SE) 

(n = 1,268–1,300)

Percentage of ELs in Districts 

Reporting an AMAO Status (SE) 

(n = 1,268–1,300)

Yes No Yes No

AMAO 1—Making progress in English 

(n = 1,300) 88.8 (0.97) 11.3 (0.97) 91.3 (1.12) 8.7 (1.12)

AMAO 2—Attaining English 

proficiency (n = 1,290) 81.8 (1.20) 18.2 (1.20) 85.1 (1.80) 14.9 (1.80)

AMAO 3—Meeting proficiency targets 

in the content areas for the EL 

subgroup (n = 1,273)

64.1 (1.42) 36.0 (1.42) 44.3 (4.09) 55.7 (4.09)

All three AMAOs (n = 1,268) 54.6 (1.54) 45.4 (1.54) 38.6 (3.40) 61.4 (3.40)

Exhibit reads: 88.7 percent of Title III districts that reported an AMAO status indicated that they met 

AMAO 1 in 2008–09; in 2008–09, 91.3 percent of ELs were in districts that reported that they met 

AMAO 1.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix E 203

Exhibit E.6 

Percentage of Title III Districts That Reported Being Designated as Missing AMAOs 

for Two or Four Consecutive Years in 2008–09

District Action Percentage of Districts (SE) Percentage of ELs

in Districts (SE)

Not designated as missing AMAOs for two 

or four consecutive years 66.9 (1.38) 50.0 (3.84)

Missed AMAOs for two consecutive years 22.1 (1.25) 28.5 (2.96)

Missed AMAOs for four consecutive years 11.0 (0.85) 21.4 (4.66)

Exhibit reads: 66.9 percent of Title III districts reported that they were not designated as missing AMAOs 

for two or four consecutive years in 2008–09. Fifty percent of ELs were located in Title III districts that 

reported not being designated as missing AMAOs for two or four consecutive years in 2008–09.

Note: n = 1,318.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix E 204

Exhibit E.7

Percentage of Title III Districts Reporting That They Were Designated as Missing AMAOs

for Two or Four Consecutive Years, by District Characteristics, 2008–09

Characteristic Percentage Not 

Designated (SE) 

Percentage Designated as Not 

Meeting AMAOs for

Two Consecutive 

Years (SE)

Four Consecutive 

Years (SE)

All Title III districts (n = 1,318) 66.9 (1.38) 22.1 (1.25) 11.0 (0.85)

Number of ELs (n = 1,318)

More than 1,000 ELs 49.1 (2.22) 29.9 (2.03) 20.9 (1.76)

301–1,000 ELs 64.6 (2.61) 23.6 (2.31) 11.7 (1.78)

151–300 ELs 72.6 (3.36) 20.1 (3.05) 7.3 (1.86)

1–150 ELs 79.9 (2.80) 15.5 (2.55) 4.6 (1.42)

District Poverty Level (n = 1,218)

High poverty (76% or higher FRPL) 38.6 (4.74) 29.8 (4.35) 31.6 (4.28)

Medium poverty (26–75% FRPL) 66.1 (1.78) 22.8 (1.58) 11.1 (1.13)

Low poverty (less than 25% FRPL) 86.1 (2.31) 12.0 (2.23) 1.9 (0.68)

Urbanicity (n = 1,265)

City 61.0 (2.87) 23.4 (2.52) 15.6 (1.90)

Suburb 71.6 (2.20) 22.2 (2.03) 6.3 (1.09)

Rural/small town 66.1 (2.38) 21.7 (2.10) 12.3 (1.54)

District Title I Improvement Status (n = 1,257)

Identified for Improvement or Corrective Action 40.6 (2.33) 38.0 (2.26) 21.3 (1.76)

Not Identified for Improvement or Corrective Action 84.0 (1.55) 11.9 (1.38) 4.2 (0.82)

District Home Language Concentration 

(n = 1,214) 

One language grouping > 90% of ELs 61.1 (2.23) 24.2 (1.98) 14.8 (1.49)

One language grouping = 50–90% of ELs 70.0 (2.18) 21.6 (1.96) 8.3 (1.24)

No grouping greater than 50% of ELs 73.6 (4.01) 20.7 (3.72) 5.6 (2.02)

District Spanish Language Concentration 

(n = 1,214) 

Spanish > 90% 62.6 (2.26) 22.6 (1.98) 14.8 (1.54)

Spanish = 50–90% 68.6 (2.42) 22.9 (2.17) 8.5 (1.38)

Spanish < 50% 70.3 (3.12) 22.5 (2.89) 7.2 (1.60)

Growth in District EL Population (n = 1,300)

Increased more than 25% 72.1 (2.33) 19.6 (2.06) 8.3 (1.39)

Increased 5–25% 66.7 (2.47) 21.1 (2.16) 12.3 (1.60)

Stable or decreased 60.7 (2.58) 26.6 (2.35) 12.7 (1.49)

Exhibit reads: Sixty-seven percent of all Title III districts reported that they were not designated as missing 

AMAOs for two or four consecutive years in 2008–09. Forty-nine percent of Title III districts with more 

than 1,000 ELs reported that they were not designated as missing AMAOs for two or four consecutive years 

in 2008–09.

Note: FRPL—Free or Reduced-Price Lunch

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix E 205

Exhibit E.8 

Percentage of Title III Districts That Reported Missing AMAOs for Two or Four 

Consecutive Years, by Title I and Title III Designation Status

Title I and Title III Designations

Percentage of Districts That 

Reported Missing AMAOs (SE) 

(n = 1,257)

Designated for improvement under Title III only 28.5 (2.43)

Identified for improvement under both Title I and Title III 71.5 (2.43)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit E.9 

Percentage of Title III Districts That Reported Being Identified for Improvement Under 

Title I or Designated for Improvement Under Title III or Both

Title I and Title III Designations Percentage of Districts (SE) 

(n = 1,257)

Identified for improvement under Title I only 16.4 (1.17)

Designated for improvement under Title III only 9.6 (0.95)

Identified for improvement under both Title I and Title III 24.0 (1.22)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit E.10

Percentage of Title III Districts That Reported

a Clear Understanding of Targets for AMAOs, by AMAOs

District Understanding of Targets for AMAOs Percentage of Districts (SE)

Understanding of targets for AMAO 1 94.5 (0.71)

Understanding of targets for AMAO 2 94.3 (0.72)

Understanding of targets for AMAO 3 92.2 (0.84)

Note: AMAO 1: n = 1,401; AMAO 2: n = 1,398; AMAO 3: n = 1,399.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix E 206

Exhibit E.11 

Percentage of Title III Districts That Reported Notifying Parents of ELs About Whether

the District Had Met AMAOs in 2008–09, by District AMAO Status

AMAO Status Percentage of Districts (SE) 

Title III districts that did not meet AMAOs 93.3 (1.19)

Title III districts that met AMAOs 60.2 (2.21)

All Title III districts 71.4 (1.40)

Note: Title III districts that did not meet AMAOs: n = 649, Title III districts that met AMAOs: n = 605, All 

Title III districts: n = 1,254.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit E.12 

Percentage of Title III Districts That Reported Developing an Improvement Plan and 

Receiving Technical Assistance on Developing an Improvement Plan,

by Districts’ Title III Designation Status, 2009–10

District Improvement Plan Status Percentage of Districts (SE) 

 Developed an

Improvement Plan

Received Technical Assistance 

on Developing an

Improvement Plan

All Districts 72.8 (1.38) —

By Title III Designation Status 

Not designated 61.1 (1.95) 35.8 (1.87)

Missing AMAOs for two consecutive 

years 94.2 (1.64) 70.3 (2.96)

Missing AMAOs for four consecutive 

years 96.7 (1.63) 80.8 (3.20)

Note: All districts: n = 1,385; Title III districts not designated under Title III: n = 784–793; Title III districts 

designated as missing AMAOs for two consecutive years: n = 325–326; Title III districts designated as missing 

AMAOs for four consecutive years: n =188–189.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix E 207

Exhibit E.13 

Actions Implemented Since September 2008 by Title III Districts Designated as Missing 

AMAOs for Two or Four Consecutive Years in 2008–09

District Action

Percentage of Districts Designated as 

Not Meeting AMAOs for Two 

Consecutive Years (SE) 

(n = 320–326)

Percentage of Districts Designated as 

Not Meeting AMAOs for Four 

Consecutive Years (SE) 

(n = 187–191)

Action implemented 

as a direct response 

to the district’s 

Title III AMAO status

Action 

implemented 

for other 

reasons

Action not 

implemented

Action implemented 

as a direct response 

to the district’s 

Title III AMAO status

Action 

implemented 

for other 

reasons

Action not 

implemented

Developed an 

improvement plan

70.1

(2.96)

24.1

(2.74)

5.8

(1.64)

85.5

(3.06)

11.2

(2.72)

3.3

(1.63)

Increased teacher 

professional development on 

EL issues

37.7

(2.96)

52.8

(3.17)

9.5

(2.11)

60.0

(4.11)

34.3

(3.95)

5.6

(2.35)

Increased use of 

needs-based grouping or 

differentiated instruction 

for ELs

24.6

(2.65)

61.7

(3.09)

13.6

(2.34)

49.5

(4.13)

38.0

(3.96)

12.5

(2.88)

Increased involvement 

activities targeted at parents 

of ELs

23.6

(2.56)

52.7

(3.18)

23.7

(2.89)

37.5

(3.97)

46.8

(4.12)

15.7

(3.06)

Increased instructional time 

for ELs (including after-school 

and summer programs)

27.1

(2.78)

40.7

(3.10)

32.2

(3.07)

43.3

(4.08)

34.6

(3.93)

22.1

(3.51)

Increased progress testing 

of ELs

21.5

(2.60)

42.9

(3.15)

35.6

(3.12)

39.5

(4.06)

37.4

(3.99)

23.1

(3.53)

Adopted new curriculum for 

English language 

development

19.1

(2.37)

36.9

(3.09)

44.0

(3.19)

35.8

(4.06)

33.5

(3.94)

30.7

(3.76)

Increased common planning 

time for teachers of ELs

10.9

(1.82)

39.6

(3.11)

49.5

(3.20)

24.6

(3.55)

34.5

(3.91)

49.1

(4.08)

Added an instructional 

specialist to assist teachers 

of ELs

14.0

(1.88)

26.3

(2.69)

59.7

(2.99)

36.9

(3.95)

20.9

(3.31)

42.2

(4.13)

Notified parents of ELs 

whether the district met its 

AMAOs in 2008–09

87.2

(2.21)

6.1

(1.56)

6.7

(1.68)

87.1 

(3.15)

5.8

(2.11)

7.1

(2.54)

Increased the alignment of 

English language 

development instruction with 

state ELP standards

28.7

(2.80)

47.9

(3.19)

23.4

(2.82)

45.5

(4.10)

40.4

(4.12)

14.1

(3.00)

Exhibit reads: 70.1 percent of Title III districts that were designated as missing AMAOs for 

two consecutive years reported that their district developed an improvement plan as a direct response to the 

district’s Title III AMAO status.

Note: These percentages are based on the following survey question: Since September 2008, has the district 

implemented any of the following actions to improve services to ELs?

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix E 208

Exhibit E.14 

Percentage of Title III Districts That Reported Implementing Specific Actions to Improve 

Services to ELs, by 2009–10 Title III Designation Status

Percentage of Districts

Type of Technical Assistance 

Received

Not Designated 

Under Title III (SE) 

(n = 780–796)

Designated as Not 

Meeting AMAOs for 

Two Consecutive 

Years (SE) 

(n = 318–325)

Designated as Not 

Meeting AMAOs for 

Four Consecutive 

Years (SE) 

(n = 182–189)

Increased teacher professional 

development on EL issues 90.5 (1.17) 90.5 (2.11) 94.4 (2.35)

Increased use of needs-based grouping 

or differentiated instruction for ELs 76.7 (1.72) 86.4 (2.34) 87.5 (2.88)

Increased involvement activities 

targeting parents of ELs 75.0 (1.76) 76.3 (2.89) 84.3 (3.06)

Increased instructional time for ELs 

(including after-school and summer 

programs)

68.2 (1.86) 67.8 (3.07) 77.9 (3.51)

Increase progress testing of ELs 51.0 (1.98) 64.4 (3.12) 76.9 (3.53)

Adopted new curriculum for English 

language development 52.4 (1.97) 56.0 (3.19) 69.3 (3.76)

Increased common planning time for 

teachers of ELs 38.4 (1.91) 50.5 (3.20) 59.1 (4.08)

Added an instructional specialist to 

assist teachers of ELs 34.9 (1.83) 40.3 (2.99) 57.8 (4.13)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix E 209

Exhibit E.15 

Types of Technical Assistance Received, by Districts’ Title III Designation Status

Percentage of Districts

Type of Technical 

Assistance Received

Not Designated Under 

Title III (SE) 

(n = 780–796)

Designated as Not 

Meeting AMAOs for Two 

Consecutive Years (SE) 

(n = 318–325)

Designated as Not 

Meeting AMAOs for Four 

Consecutive Years (SE)_ 

(n = 182–189)

Effective teacher training for teachers 

of ELs 55.0 (1.96) 59.7 (3.16) 72.9 (3.59)

Administering Title III and other funds 

to support the needs of ELs 60.9 (1.93) 63.4 (3.12) 78.0 (3.30)

Use of data on ELs 53.0 (1.97) 58.2 (3.18) 68.8 (3.77)

Effective English language 

development approaches 60.7 (1.94) 62.5 (3.14) 76.3 (3.53)

EL program administration (assigning 

students to services, scheduling 

services, etc.)

36.4 (1.87) 39.8 (3.15) 49.9 (4.15)

Effective content area instructional 

approaches for ELs 56.7 (1.95) 59.4 (3.15) 67.9 (3.84)

Instruction of recently arrived ELs in 

secondary schools 22.9 (1.62) 21.2 (2.67) 20.5 (3.37)

Alignment of curriculum and 

instruction with state English 

language proficiency standards

49.7 (1.96) 51.5 (3.19) 58.8 (4.03)

Assessment of ELs (including testing 

accommodations) 70.7 (1.81) 69.7 (2.97) 72.6 (3.54)

Developing an improvement plan 

focused on EL issues 35.8 (1.87) 70.3 (2.96) 80.7 (3.20)

Strategies for the involvement of 

parents of ELs 40.8 (1.91) 44.3 (3.15) 51.9 (4.12)

Exhibit reads: 60.9 percent of Title III districts that were not designated under Title III reported that their 

district received technical assistance since September 2008 on administering Title III and other funds to 

support the needs of ELs.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

APPENDIX F:

SUPPORTING MATERIALS ON STATE AND 

DISTRICT CAPACITY TO IMPLEMENT TITLE III

Appendix F 213

Appendix F. Supporting Materials on

State and District Capacity to Implement Title III 

Exhibit F.1

Percentage of Title III Districts That Reported Lack of District-Level Staff Expertise as 

Not a Challenge or as a Minor Challenge

Issue

Percentage of Districts That Reported Issue As

Not a Challenge or Minor Challenge (SE) 

(n = 1,407)

Lack of district-level staff expertise on EL issues 61.0 (1.43)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit F.2

Average Number of District-Level Staff With Primary Responsibility

for EL Issues, by Number of ELs, 2009–10

Number of ELs in District Average Number of District-Level Staff (SE) 

(n = 1,369)

More than 1,000 ELs 8.1 (0.91)

301–1,000 ELs 3.4 (0.37)

151–300 ELs 2.9 (0.31)

0–150 ELs 2.2 (0.28)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix F 214

Exhibit F.3

Survey Questions From the American Community Survey

About English Language Proficiency 

Exhibit reads: Within the box, question 14, part c, asks respondents who answered affirmatively that they 

speak a language other than English at home, how well they speak English. Respondents choose from the 

following four options: very well, well, not well, and not at all.

Note: Data from the American Community Survey drive the formula that determines the amount of Title III funding 

awarded to each state. The formula utilizes a proportion of the number of English Learners and also the 

number of immigrants in the state.

Source: The American Community Survey Form: Informational Copy. 2011. U.S. Department of Commerce, Economics and 

Statistics Administration, U.S. Census Bureau. Available: 

http://www.census.gov/acs/www/Downloads/questionnaires/2011/Quest11.pdf, accessed 1/4/11.

Exhibit F.4

Percentage of District Title III Funds Spent on Various Purposes, 2009–10

Purpose

Percentage of 

District Funds (SE) 

(n = 1,289)

Instructional staff (e.g., teachers, aides) 44.6 (1.13)

Instructional materials, equipment, and technology 24.4 (0.81)

Professional development 18.2 (0.63)

Parent involvement 5.4 (0.29)

Instructional support staff (e.g., counselors, social workers, library staff) 5.2 (0.42)

School and district administration 2.3 (0.20)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix F 215

Exhibit F.5

Percentage of Title III Districts That Reported Various Issues as 

a Moderate or Major Challenge

Issue

Percentage of Districts That 

Reported Issue As Moderate or

Major Challenge (SE)

Insufficient funding for EL services 70.5 (1.37)

Lack of expertise among mainstream teachers to address the needs of ELs 72.5 (1.36)

Notes: Insufficient funding: n = 1,405; lack of expertise: n = 1,408.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit F.6

Percentage of Title III Districts Receiving Technical Assistance

on EL-Related Issues, 2009–10

EL-Related Issue

Percentage of Districts

That Received Technical 

Assistance (SE) 

(n = 1,388–1,398)

Assessment of ELs (including testing accommodations) 70.6 (1.38)

Effective English language development approaches 62.5 (1.47)

Administering Title III and other funds to support the needs of ELs 62.1 (1.47)

Effective teacher training for teachers of ELs 57.6 (1.49)

Effective content area instructional approaches for ELs 57.8 (1.49)

Use of data on ELs 56.1 (1.50)

Alignment of curriculum and instruction with state ELP standards 51.1 (1.50)

Developing an improvement plan focused on EL issues 47.9 (1.49)

Strategies for the involvement of parents of ELs 42.0 (1.47)

EL program administration (assigning students to services, scheduling services, etc.) 38.7 (1.46)

Instruction of recently arrived ELs in secondary schools 22.0 (1.23)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix F 216

Exhibit F.7

Percentage of Title III Districts With EL Teachers Fully Certified for Their Position

EL Teacher Certification Within District Percentage of Districts (SE)

(n = 1,400)

100 percent of EL teachers fully certified in district 74.1 (1.23)

Less than 10 percent of EL teachers not fully certified 19.4 (1.07)

More than 10 percent of EL teachers not fully certified 6.5 (0.75)

Exhibit reads: 74 percent of Title III districts reported that all teachers of ELs were fully certified for their 

position.

Note: These percentages are based off of the following survey question: In this year (2009–10), does the district have 

any teachers serving ELs who are not fully certified for their positions?

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit F.8

Index of Teacher Qualifications To Serve ELs,

by Urbanicity, Poverty, and EL Concentration, 2009–10

District Classification

Average Index of Teacher Qualifications (SE)

(n = 1,334–1,394)

By Urbanicity

Town/rural 5.1 (0.05)

Suburb 5.2 (0.05)

City 4.7 (0.07)

By Poverty Level

High poverty 4.9 (0.11)

Medium poverty 5.0 (0.04)

Low poverty 5.2 (0.07)

By Number of ELs

Large 4.6 (0.04)

Medium 4.9 (0.06)

Small 5.2 (0.07)

Very small 5.4 (0.06)

Notes: The categories for district poverty level are defined as follows: high poverty is 76 percent or higher of students 

eligible for Free or Reduced-Price Lunches, medium poverty is 26 percent to 75 percent students eligible for 

Free or Reduced-Price Lunches, and low poverty is less than 25 percent students eligible for Free or ReducedPrice Lunches. 

The categories for size of district EL population are defined as follows: large is more than 1,000 ELs, medium 

is 301–1,000 ELs, small is 151–300 ELs, and very small is 1–150 ELs.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix F 217

Exhibit F.9

Percentage of Title III Districts Reporting Difficulty Recruiting

Different Types of Staff Focused on ELs, 2009–10

Type of Staff Percentage of Districts (SE) 

(n = 1,401–1,407)

Secondary content area teachers with training in serving ELs 54.0 (1.72)

Teachers with language skills in ELs’ native languages 

(for bilingual classes, etc.) 51.1 (2.00)

Counseling staff with training in serving ELs 49.0 (1.88)

Mainstream elementary classroom teachers with training in serving ELs 38.4 (1.64)

English language development teachers (ESL, etc.) 23.9 (1.37)

Note: Districts that responded “not applicable” are not included in this exhibit.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.

Exhibit F.10

Percentage of Title III Districts Using Various Incentives to Recruit and Retain Teachers

Who Are Highly Qualified To Provide Instruction to ELs, 2009–10

Incentive Use by Districts Percentage of Districts (SE)

At least one incentive was used by district (n = 1,408) 86.9 (1.08)

By incentives (n = 1,334–1,394)

Financial incentives such as course work stipends or paid release time to 

support advanced coursework or training related to the instruction of ELs 43.2 (1.46)

Partnerships with teacher preparation programs that include course work 

related to instruction of ELs 35.2 (1.36)

Teacher induction programs focusing on instruction of ELs 32.3 (1.32)

An alternate route (“fast track”) program to help teacher become certified or 

add EL endorsements 25.7 (1.25)

Financial incentives to recruit EL teachers such as increased starting salaries, 

signing bonuses, or housing incentives 12.4 (0.94)

Note: Categories are not mutually exclusive; respondents could select multiple response options.

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.
Appendix F 218

Exhibit F.11

Percentage of Title III Districts and Average Number of ELs in Districts, by Increase in 

Professional Development on EL Issues Since September 2008

Professional Development in District Percentage of Districts (SE) 

(n = 1,397)

Average Number of ELs

in Districts (SE) 

(n = 1,397)

Increased professional development 90.6 (0.92) 1,314.6 (69.26)

Did not increase professional 

development 9.4 (0.92) 380.3 (46.38)

Source: Evaluation of State and Local Implementation of Title III, Subgrantee Survey, 2009–10.