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What are the reclassification criteria set forth in California Education Code (EC)?
The reclassification criteria set forth in California EC Section 313 and Title 5 California Code of Regulations (5 CCR) Section 11303, remain unchanged. Local educational agencies (LEAs) must use the following four criteria to locally establish reclassification policies and procedures:
- Assessment of English language proficiency (ELP), using an objective assessment instrument, including, but not limited to, the state test of English Language Proficiency Assessments for California (ELPAC) (ELP Criterion: Summative ELPAC Overall Performance Level [PL] 4; and, Alternate ELP Criterion: Summative Alternate ELPAC PL 3)
- Teacher evaluation, including, but not limited to, a review of the student’s curriculum mastery (locally defined)
- Parent opinion and consultation (locally defined)
- Comparison of student performance in basic skills against an empirically established range of performance in basic skills of English proficient students of the same age (locally defined)
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When should a student be reclassified to fluent English proficient (RFEP)?
Reclassification should take place as soon as the student meets all four criteria, per locally-established policy, at any time during the academic year. In order to be included in the RFEP Count for the current year, reclassification must be reported in California Longitudinal Pupil Achievement Data System (CALPADS) prior to June 30. The official RFEP Count is based on a count of students reclassified during the school year from July 1 to June 30.
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Which performance levels on the Summative English Language Proficiency Assessments for California (ELPAC) and Summative Alternate ELPAC should local educational agencies (LEAs) use to meet the reclassification requirement for Criterion 1?
For students taking the Summative ELPAC, the State Board of Education (SBE) approved the use of Summative ELPAC Overall Performance Level (PL) 4 as the statewide standardized score to determine English language proficiency (ELP) to satisfy Criterion 1 of the reclassification criteria.
For students with the most significant cognitive disabilities who have taken the Summative Alternate ELPAC, per designation by their individualized education program (IEP) teams, the SBE has approved Summative Alternate ELPAC Overall PL 3 as the statewide standardized score to satisfy Criterion 1 of the reclassification criteria.
Information on how an LEA determines when an English learner (EL) student has sufficient English proficiency to be reclassified as a fluent English speaker is available on the California Department of Education (CDE) Reclassification web page. -
Are there any other pathways for meeting reclassification Criterion 1?
No. In accordance with California’s standardized Criterion 1, in order to be eligible for reclassification, all students, including dually identified students, who take the Summative ELPAC must score at Overall PL of 4. Dually identified students who take the Summative Alternate ELPAC must score an Overall PL of 3 to be eligible for reclassification.
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Do students with an individualized education plan (IEP) automatically qualify for the Alternate ELPAC?
The Alternate ELPAC should only be administered to students with the most significant cognitive disabilities whose eligibility is determined by their IEP team.
Guidelines for IEP teams regarding a student’s eligibility to participate in the California Alternate Assessments and the Alternate English Language Proficiency Assessments for California are available on the California Department of Education Alternate Assessment IEP Team Guidance web page.
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What teachers should provide evaluation data to meet Criterion 2 requirements?
Because the student may have different language support needs across different subject areas, all teachers and certificated staff with direct responsibility for teaching or placement decisions for the student should be afforded the opportunity to evaluate. Teacher evaluation is not to be interpreted as teacher opinion and should be based on data as well as the LEA’s locally-established process for soliciting teacher evaluation.
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Is parent involvement required to meet Criterion 3 requirements?
Yes. Parent consultation and opinion, not consent, is required per EC Section 313 (f)(3). The parent is to be consulted and included as part of decision-making throughout the reclassification process, but consent is not required. Specifically, California Code of Regulations (5 CCR) Section 11303 mandates parental involvement through:
- Notice to parent(s) or guardian(s) of language reclassification and placement, including a description of the reclassification process and the parent's opportunity to participate; and
- Encouragement of the participation of parent(s) or guardian(s) in the school district's reclassification procedure, including seeking their opinion and consultation during the reclassification process.
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What can be used to meet the requirements for Criterion 4 when evaluating the performance of a students in basic skills?
Smarter Balanced Assessment Consortium English language arts (ELA) scores, California Alternate Assessments for ELA, LEA benchmarks, or other assessments identified by the LEA that measure progress in ELA, as determined appropriate for each student. Progress can be measured by a set score or point span depending upon the educational research and value. Note of caution: The selected assessment must be administered to all students within that grade, not solely to English learner students.
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Can the interim assessments be used to satisfy reclassification Criterion 4?
No, EC Section 60642.7 (b) states that the results from the interim assessments shall not be used for any high-stakes purpose, including reclassification of English learners.
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Do all of the reclassification criteria apply to all grades K–12? Do they apply to students with exceptional needs?
Yes, the reclassification criteria apply to all English learners in grades K–12, including students with exceptional needs.
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If individual Listening, Speaking, Reading, or Writing domain performance levels for the Summative ELPAC are below four but a student attains an Overall Performance Level (PL) 4, should the students be considered for reclassification?
Yes. The student should be considered for reclassification if they achieve Overall PL 4 and meet all four reclassification criteria. Only ELPAC Overall PL 4 was approved as the statewide standardized English language proficiency (ELP) criterion. Thresholds for the individual domains are not considered a part of reclassification criteria. Intervention and supplemental support should continue until the student meets the academic achievement goals.
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What happens to a student's summative test results when they are RFEP during the testing window?
For students who start testing but are reclassified before testing is complete, results will be excluded from the end-of-year file. For those students who complete testing prior to reclassification, results will be included in the end-of-year file unless a Security and Test Administration Irregularity Report System case to remove them is entered by the LEA prior to the end of the testing window.
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What should the English Language Acquisition Status (ELAS) start date be for students who become RFEP at the end of the school year or during the summer?
The RFEP date should reflect the date that the LEA determines the student has met all four criteria required for reclassification (EC Section 313[f]). In order for these reclassified students to be reflected in the official certification reports for the school that reclassified the student, see the California Department of Education guidance provided in the California Longitudinal Pupil Achievement Data System (CALPADS) Update Flash #219, reflected in the scenarios below:
- Before the end of the school year while the student is still enrolled in the school and in CALPADS
- Submit an ELAS of RFEP with a start date equal to the date that reclassification was finalized (LEAs will certify this count in the current year)
- This student will count as reclassified in the current year at the school where the student was last enrolled.
- After the end of the school year when the student has been exited and has no enrollment in CALPADS, and will not be re-enrolling in the same school in the next school year (e.g., graduating or students matriculating to another school)
- Submit an ELAS of RFEP with a start date equal to the last day the student was enrolled in the prior school year where the student was enrolled (LEAs will certify this count in the current year)
- This student will count as reclassified in the current year at the school where the student was last enrolled
- After July 1 but before school starts for the next school, so there is no enrollment in CALPADS
- Submit an ELAS of RFEP with a start date equal to the last day the student was enrolled in the prior school year where the student was enrolled (LEAs will certify this count in the current year)
- This student will count as reclassified in the current year at the school where the student was last enrolled
- After July 1 and the student is now enrolled in the next school year in the same school as in the prior school year
- Submit an ELAS of RFEP with a start date equal to the date that reclassification was finalized where the student is now enrolled (LEAs will certify this count the following year)
- This student will count as reclassified in the following year at the school where the student is now enrolled (which is the same school where the student was enrolled in the prior school year)
- After July 1 and the student is now enrolled in the next school year in a school that is different from the school where the student was enrolled in the prior school year, and has NO RFEP record
- Submit an ELAS of RFEP with a start date equal to the date that reclassification was finalized where the student is now enrolled
- This student will count as reclassified in the following year at the school where the student is newly enrolled (which is a school that is not the same as the school where the student was enrolled in the prior school year)
- Before the end of the school year while the student is still enrolled in the school and in CALPADS
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Are LEAs required to present the district reclassification policy to the District English Learner Advisory Committee (DELAC)?
Yes, LEAs are required to present the reclassification policy to the DELAC in order to solicit advice on reclassification procedures and criteria. The DELAC shall review and comment on the school district reclassification procedures and criteria, pursuant to 5 CCR, Section 11308 (c)(6) (Advisory Committees). For further information, please visit the CDE DELAC web page.
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What are the areas of focus when monitoring RFEP students?
Monitor for a minimum of four years to identify any necessary support ensuring students continue to meet the same academic progress indicators as for all students in the content and language areas monitored when the students were classified as an English learner student:
- Students are engaged in and are maintaining academic success in core content courses
- Students make progress toward and meet all achievement goals set for all other students
- Students receive support when not making progress
- Students are provided all A-G and advanced courses regardless of language proficiency levels