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ADE Director's Communication Memo Form

Memo Number : SI-04-053

Date Created : 03/24/2004


Co-op Directors
Elementary Principals
Middle School Principals
High School Principals

Type of Memo: Informational
Response Required: No
Section:   School Improvement and Professional Development - Ms. Janinne Riggs
New Guidance on Assessment of New LEP Students

Regulatory Authority:
No Child Left Behind

Contact Person:
Dr. Andre' Guerrero

Phone Number:



The United States Department of Education has recently issued new guidance for the assessment of recent immigrant LEP students for purposes of determining Adequate Yearly Progress (AYP) under provisions of No Child Left Behind. The policies will help students who are new to this country and the English language, and give states and local districts greater flexibility to help these students, while meeting the requirements of the No Child Left Behind education reform law.

Arkansas will adopt the following guidelines effective school year 2003-2004:

1. The school or district may choose whether to test or not in literacy LEP students who are enrolled in their first year in school in the U.S. However, the first year LEP students must take the state-required criterion-referenced assessments in mathematics. LEP students who take the state-required mathematics test count toward the 95% participation requirement for AYP determinations. For LEP students who are enrolled for the first year in a U.S. school and are not in a grade in which there is a state-required criterion-referenced mathematics test, their participation rate will be based on taking the MAC II English Language Proficiency Assessment.

2. None of the LEP students with less than one year in a U. S. school will be counted in the AYP calculations for 2004, but will count in the 95% participation rate based on their participation in the MAC II English Language Proficiency Assessment.

3. For calculating AYP, schools and districts may maintain in the LEP sub-group for up to two years those LEP students who have attained English proficiency based upon the MAC II English Language Proficiency Assessment in conjunction with professional judgment. However, for determining whether the LEP sub-group meets the state defined minimum group size, LEP students who have attained English language proficiency in the last two years are not required to be counted as LEP.

4. All LEP students in their first year of enrollment in a U.S. school will be required to take the MAC II English Language Proficiency Assessment.
Complete instructions on handling the return of the first year LEP students' answer documents will arrive shortly from the testing company.


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