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 11518.20 - Correction of Classification Errors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a pupil is classified as EO pursuant
					 to section
					 11518.5(b),
					 but the LEA has an indication that the pupil's primary or native language is
					 not English and the pupil is unable to perform ordinary classroom work in
					 English, the LEA may collect and review evidence as described in subdivisions
					 (d)(3) and (d)(4). Based upon this review, the LEA shall determine whether the
					 pupil shall be administered the initial assessment in order to determine the
					 pupil's classification. At least 10 calendar days prior to administration of
					 the initial assessment, the LEA shall notify the pupil's parent or guardian in
					 writing that the pupil will be assessed. If the LEA administers the initial
					 assessment and if the pupil does not meet the ELPAC initial assessment
					 criterion for proficiency, the LEA shall classify the pupil as EL. The LEA
					 shall notify the pupil's parent or guardian in writing of the results of its
					 review, including the evidence that led to the determination and the results of
					 the initial assessment, as applicable, within 14 calendar days of its
					 determination. The pupil's parent or guardian shall be entitled to request that
					 the LEA review its determination following the procedure described in
					 subdivision (c).
(b) If an LEA
					 administers an initial or summative assessment to a pupil who is not eligible
					 for the assessment as set forth in section
					 11518(ad) or
					 (ae), the pupil's classification shall remain
					 unchanged regardless of the assessment results, and the LEA shall not maintain
					 any such results as a pupil record, including in CALPADS.
(c) Following the administration of the
					 initial assessment to a pupil, but before the administration of the summative
					 assessment to that pupil, upon request from the pupil's parent or guardian or a
					 certificated employee of the LEA, an LEA shall collect and review evidence, as
					 described in subdivision (d), about the pupil's English language proficiency.
					 Based upon its review of the evidence, the LEA shall determine whether the
					 pupil's classification should remain unchanged or be changed. The LEA shall
					 notify the pupil's parent or guardian in writing of the results of the review
					 within 14 calendar days of its determination. This review shall occur only once
					 over the course of the pupil's enrollment in the California public school
					 system.
(d) Evidence about the
					 English language proficiency of a pupil for purposes of subdivision (c) shall
					 include:
(1) The results of the survey
					 administered pursuant to section
					 11518.5(a);
(2) The results of the assessment of the
					 pupil's proficiency in English, using an objective assessment instrument,
					 including, but not limited to, the initial assessment;
(3) Parent or guardian opinion and
					 consultation results; and
(4)
					 Evidence of the pupil's performance in the LEA's adopted course of study,
					 including courses as described in Education Code sections
					 51210(for pupils in grades 1 to
					 6) and
					 51220(for pupils in grades 7 to
					 12) and English language development, as
					 applicable, obtained from the pupil's classroom teacher and other certificated
					 staff with direct responsibility for teacher or placement
					 decisions.