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 3 - Administration, Pupils with Disabilities › Section 11518.30 - Alternate English Language Proficiency Assessments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a pupil's IEP team determines that
					 the pupil has a significant cognitive disability such that the pupil is unable
					 to participate in the initial or summative assessment, or a section of either
					 test, even with resources, the pupil shall be assessed using a locally
					 administered alternate assessment(s) for English language proficiency, as
					 specified in the pupil's IEP.
(b)
					 Subsection (a) will cease to apply once the Alternate ELPAC is operational, at
					 which time subsections (c), (d), (e), and (f) will be in effect.
(c) When a pupil's IEP team determines that a
					 pupil has a significant cognitive disability such that the pupil is unable to
					 participate in the initial or summative assessment, or a section of either
					 test, even with resources, the pupil shall be assessed using the statewide
					 alternate assessment(s), initial or summative, for English language
					 proficiency, as specified in the pupil's IEP.
(d) Administration of the alternate
					 assessment to eligible pupils shall be one-on-one (test examiner to
					 pupil).
(e) Depending upon the
					 pupil's disability or needs, the alternate assessment may or may not include
					 the pupil's independent use of the testing interface.
(f) With the exception of inappropriate test
					 practices listed in the TAM, eligible pupils may have instructional supports,
					 including physical supports, in addition to resources documented in the pupil's
					 IEP.
1. New
						section filed 6-5-2017; operative 10-1-2017 (Register 2017, No.
						23).
2. Amendment of section and NOTE filed 8-3-2018 as an
						emergency; operative 8-3-2018 (Register 2018, No. 31). A Certificate of
						Compliance must be transmitted to OAL by 1-30-2019 or emergency language will
						be repealed by operation of law on the following day.
3. Certificate
						of Compliance as to 8-3-2018 order transmitted to OAL 11-16-2018 and filed
						12-31-2018 (Register 2019, No. 1).
4. Amendment of section heading
						and section filed 8-1-2019 as an emergency; operative 8-1-2019 (Register 2019,
						No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2020 or
						emergency language will be repealed by operation of law on the following
						day.
5. Amendment of section heading and section refiled 1-17-2020
						as an emergency; operative 1-29-2020 (Register 2020, No. 3). A Certificate of
						Compliance must be transmitted to OAL by 4-28-2020 or emergency language will
						be repealed by operation of law on the following day.
6. 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).
Note: Authority cited: Section
						  33031,
						  Education Code. Reference: Sections
						  306,
						  313 and
						  60810,
						  Education Code; 20 U.S.C.
						  Sections 1412,
						  6311,
						  6821,
						  6823,
						  6825 and
						  6826; and
						  34 Code of Federal Regulations
						  Section 200.6(h)(5).