Federal

U.S. Rebuffs N.Y., Va. on English-Language Learners

By Mary Ann Zehr — December 19, 2006 4 min read
  • Save to favorites
  • Print

Despite requests for leeway, federal education officials are standing firm in requiring New York and Virginia education officials, as of this school year, to stop using scores from English-language-proficiency tests to calculate adequate yearly progress for such students.

Some educators contend that regular state exams aren’t valid and reliable for children who don’t know much English, but the No Child Left Behind Act requires such children to be included in regular exams and their scores used for accountability purposes after they’ve been in the country for at least a year.

New York state and Virginia, however, have been using tests of English proficiency, rather than their states’ regular tests, to calculate adequate progress in reading for some English-language learners who have been in U.S. schools for more than a year but less than three years.

Testing English-Learners

Sample questions show how New York state’s test for English proficiency and its regular English-language-arts test differ.

ESL Test, Grades 5-6, Writing Conventions:

Read the sentence and look at the underlined part. There may be a mistake. If you find a mistake, choose the correct answer. If there is no mistake, choose Correct as is. Fill in the correct circle on your response page.

Could you the glass hand me?

Which answer is correct?
A: hand the glass me
B: hand me the glass
C: the glass to me hand
D: Correct as is

ELA Test, Grade 5, Writing:

There are some mistakes in this paragraph. Let’s correct them together.

My school is having a “Back to School” dance on Friday. I am excited about them, but I have a problem. I don’t know how to dance. I am the only one in my family who has never took dance lessons. Well, I guess I will just create my own style. Of dancing.

SOURCES: Harcourt Assessment Inc., The McGraw-Hill Cos.

Federal education officials told both states this past summer that they could lose a portion of their federal funds if they continued the practice. Virginia and New York officials grudgingly agreed to comply, but still asked for flexibility that would lessen the immediate impact of a testing change.

Some 3,400 New York teachers sent e-mail messages to the state board of regents and Commissioner of Education Richard P. Mills asking them not to give in to the federal government’s demand, according to representatives of New York State United Teachers. The union, an affiliate of the National Education Association and the American Federation of Teachers, says it’s unfair to use a regular English-language-arts test that wasn’t field-tested on English-language learners in an accountability system that places sanctions on schools if such students as a subgroup do poorly on the tests.

Through last school year, New York permitted English-learners who had been in U.S. schools for less than three years to take the English-proficiency exam instead of the state’s regular English-language-arts test for accountability purposes. About 60,000 of the state’s 200,000 English-learners are expected to be affected by the state’s change in practice.

Alan Ray, the director of communications for the New York State Department of Education, noted that the state’s test of English-language proficiency, the New York State English as a Second Language Achievement Test, is designed to assess how well students are acquiring basic skills in English reading and writing. The English-language-arts test, by contrast, is more difficult and tests students’ skills in understanding literature as well as in the basics.

Despite such arguments and a proposal from one member of the board of regents that state officials consider suing the federal government, a committee of the board voted 6-1 on Dec. 4 to comply, and the full board approved the decision the next day. Starting with test administrations in January, New York will require all English-language learners who have been in the country for at least one year to take the state’s English Language Arts Test for accountability purposes.

State officials say they had little choice but to comply. If New York wanted to continue to receive more than $20 million a year in federal aid under a variety of programs, Mr. Ray explained, it had to submit to the mandate it received in a June letter spelling out the results of a peer review by the federal government of the state’s large-scale assessment system.

“In the peer review and the discussions leading up to the U.S. Department of Education’s decision,” he said, “we vigorously opposed their eventual decision because we do not believe it is appropriate to test English-language learners in the second and third years [of being in U.S. schools] if they don’t understand English.”

Flexibility Asked

Mr. Mills, the New York commissioner, had sought a delay in carrying out the federal requirement, and his request was denied, according to Mr. Ray.

In Virginia, state education leaders still are trying to find wiggle room in meeting the federal government’s demands. On Dec. 11, six Virginia education officials, including state Superintendent of Public Instruction Billy K. Cannaday Jr., met in Washington with officials of the federal Education Department to ask that Virginia receive a one-year extension to continue using the state’s exam for English proficiency, the Stanford English Language Proficiency test, or SELP, in measuring adequate yearly progress.

The delegation “laid out Virginia’s case on this issue and received no indication from federal officials that any additional flexibility for Virginia is forthcoming,” said Charles Pyle, the director of communications for the state department of education.

Chad Colby, a spokesman for the federal department, confirmed in an e-mail message that federal officials had met with Virginia officials but didn’t elaborate.

While New York plans to start including all English-language learners in its regular language-arts exam, Virginia, which has 78,000 English-learners, intends to take a different approach.

The Virginia board of education voted to stop using the SELP to calculate adequate yearly progress. But it also voted to allow a portfolio assessment to be used for English-learners and to calculate their progress. State officials are expected to submit the plan to the federal government this month.

Related Tags:

A version of this article appeared in the December 20, 2006 edition of Education Week as U.S. Rebuffs N.Y., Va. on English-Language Learners

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Reflections on Evidence-Based Grading Practices: What We Learned for Next Year
Get real insights on evidence-based grading from K-12 leaders.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Promoting Integrity and AI Readiness in High Schools
Learn how to update school academic integrity guidelines and prepare students for the age of AI.
Content provided by Turnitin
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
What Kids Are Reading in 2025: Closing Skill Gaps this Year
Join us to explore insights from new research on K–12 student reading—including the major impact of just 15 minutes of daily reading time.
Content provided by Renaissance

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Linda McMahon Abruptly Tells States Their Time to Spend COVID Relief Has Passed
Secretary Linda McMahon said the Education Department would no longer honor the extensions it had granted states.
3 min read
Secretary of Education Linda McMahon sits before President Donald Trump arrives to speaks at an education event and executive order signing in the East Room of the White House in Washington, Thursday, March 20, 2025.
Secretary of Education Linda McMahon sits before President Donald Trump arrives to speaks at an education event and executive order signing in the East Room of the White House in Washington, Thursday, March 20, 2025. In a letter Friday, McMahon told state leaders on March 28 that their time to spend remaining COVID relief funds would end that same day.
Ben Curtis/AP
Federal McMahon Says Schools With 'Gender Plans' Could Be Violating Federal Privacy Law
The U.S. Department of Education opened investigations under FERPA into two states, alleging violations of parents' rights.
5 min read
Secretary of Education Linda McMahon speaks to reporters at the White House in Washington, Thursday, March 20, 2025.
Secretary of Education Linda McMahon speaks to reporters at the White House in Washington, Thursday, March 20, 2025. McMahon said that the U.S. Department of Education would make a "revitalized effort" to pursue federal student privacy law violations for parents' rights, asserting that school "gender plans" that aren't available to parents violate the federal law.
Ben Curtis
Federal Dramatic Cuts to Ed. Data Programs Will Have Far-Reaching Consequences, Researchers Warn
Education research organizations asked Congress to intervene in cuts to ed. data, research staff.
6 min read
Image of performance data analysis.
NicoElNino/iStock/Getty
Federal See Which Schools Trump's Education Department Is Investigating and Why
The agency has opened more than 80 investigations. Check out our map and table to review them.
2 min read
President Donald Trump speaks before signing an executive order barring transgender female athletes from competing in women's or girls' sporting events, in the East Room of the White House, Wednesday, Feb. 5, 2025, in Washington.
President Donald Trump speaks at the White House on Feb. 5, 2025, before signing an executive order barring transgender females from competing in women's or girls' sports. Transgender athlete policies have been a common subject of investigations into schools, colleges, state education departments, and athletic associations by the U.S. Department of Education since Trump took office.
Alex Brandon/AP