California Code of Regulations › Title 5 - Education › Division 1 - California Department of Education › Chapter 11 - Special Programs › Subchapter 7.6 - English Language Proficiency Assessments for California (Elpac) › Article 2 - Administration for Pupils Other than Pupils with a Disability › Section 11518.5 - Initial Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At or before the time of a pupil's
					 initial California enrollment, an LEA shall conduct, in writing, a parent or
					 guardian survey to identify whether the primary or native language of their
					 pupil is a language other than English.
(b) If a parent or guardian survey response
					 indicates English as the pupil's primary or native language, the pupil shall be
					 classified English Only (EO).
(c)
					 If a parent or guardian survey response indicates a primary or native language
					 other than English, and the LEA determines the pupil is eligible for the
					 initial assessment, the LEA shall promptly notify the parent or guardian in
					 writing, prior to the administration of the assessment that the LEA will
					 administer the ELPAC initial assessment to the pupil in accordance with
					 subdivision (e).
(d) The initial
					 assessment, pursuant to Education Code section
					 60810,
					 shall be administered, scored, transmitted, and/or returned by LEAs in
					 accordance with the corresponding TAMs or other instructions provided by the
					 contractor or the California Department of Education (CDE) for administering,
					 scoring, transmitting, and/or returning the tests, unless specifically provided
					 otherwise in this subchapter, including instructions for administering the test
					 with universal tools, designated supports, accommodations, unlisted resources
					 or instructional supports, where appropriate. The procedures shall include, but
					 are not limited to, those designed to ensure the uniform and standardized
					 administration, the scoring of the tests to pupils, the security and integrity
					 of the test content and test items, and the timely provision of all required
					 pupil and school level information.
(e) The LEA shall administer the initial
					 assessment, locally produce the official score for the initial assessment in
					 accordance with the directions of the test contractor, and notify the parent or
					 guardian, in writing, of the results of the ELPAC initial assessment within 30
					 calendar days after the pupil's date of initial California enrollment, or, if
					 administered prior to the pupil's initial date of California enrollment, up to
					 60 calendar days prior to such enrollment, but not before July 1 of the school
					 year of the pupil's initial enrollment. The notice shall include whether or not
					 the pupil met the ELPAC initial assessment criterion for proficiency and the
					 LEA's contact information for use if the pupil's parent or guardian has
					 questions or concerns regarding the pupil's classification.
(f) If the pupil does not meet the ELPAC
					 initial assessment criterion for proficiency, the LEA shall classify the pupil
					 as EL.
(g) If the pupil meets the
					 ELPAC initial assessment criterion for proficiency, the LEA shall classify the
					 pupil as Initial Fluent English Proficient (IFEP).
(h) A pupil shall be administered the initial
					 assessment only once over the course of the pupil's enrollment in the
					 California public school system, as verified by the LEA through a review of the
					 California Longitudinal Pupil Achievement Data System (CALPADS) data prior to
					 administering the initial assessment to a pupil.
1. New
						article 2 (sections
						11518.5-11518.20) and section filed
						6-5-2017; operative 10-1-2017 (Register 2017, No. 23).
2. Amendment
						of subsection (c), new subsection (d) and subsection relettering filed 8-1-2019
						as an emergency; operative 8-1-2019 (Register 2019, No. 31). A Certificate of
						Compliance must be transmitted to OAL by 1-28-2020 or emergency language will
						be repealed by operation of law on the following day.
3. Amendment
						of subsection (c), new subsection (d) and subsection relettering refiled
						1-17-2020 as an emergency; operative 1-29-2020 (Register 2020, No. 3). A
						Certificate of Compliance must be transmitted to OAL by 4-28-2020 or emergency
						language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 1-17-2020 order transmitted
						to OAL 12-12-2019 and filed 1-27-2020; Certificate of Compliance operative
						1-30-2020 pursuant to Government Code section
						11343.4(b)(2)
						(Register 2020, No. 5).
5. Amendment of subsection (d) filed
						10-31-2022; operative 1-1-2023 (Register 2022, No.
						44).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Sections
						  306,
						  313,
						  60810 and
						  60900,
						  Education Code; and 20
						  U.S.C. Sections 6311,
						  6312,
						  6821,
						  6823,
						  6825,
						  6826 and
						  7801.