P.O. BOX 2120




January 10, 2003




Division Superintendents



Jo Lynne DeMary

Superintendent of Public Instruction



Board Approved English Language Proficiency Assessment Instruments/Process to Evaluate Locally Selected or Developed Instruments


Beginning with the 2002-2003 school year, the No Child Left Behind Act of 2001 (NCLB) requires local education agencies to provide for an annual assessment of English language proficiency measuring students oral language, reading, and writing skills in English for all kindergarten through twelfth grade LEP students in the state. Additionally, the non-regulatory Title III, Part A, Guidance on Standards, Assessments, and Accountability requires states that allow multiple measures of assessment for English language proficiency to: 1) set technical criteria for the assessments; 2) ensure that any assessments used are equivalent to one another in their content, difficulty, and quality; 3) review and approve each assessment; and 4) ensure that data from all assessments can be aggregated for comparison and reporting purposes, and can be disaggregated by English proficiency levels and grade levels.


As a result of these requirements, at its January 6, 2003, meeting the Board of Education approved a list of English language proficiency assessments for the 2002-2003 school year for Title III sub-grantees. The list is available on the Department of Education website at the following link:


Title III sub-grantees that wish to use locally selected or developed assessment instruments not on the approved list must adhere to the following process for submission of their locally developed and/or selected instruments. School divisions must submit to the Department of Education requests to use locally selected or developed English language proficiency assessment instruments that are not on the board-approved list. The Department of Education review panel will evaluate the submitted instruments with supporting documentation against the criteria stipulated in the non-regulatory, Title III, Part A, Guidance on Standards, Assessments, and Accountability. The Department of Education will present its recommendations to the Board of Education for final approval. Further information regarding the submission of these requests will be forwarded to school divisions on or before February 7, 2003.


If you have questions, please contact Roberta Schlicher, ESL specialist, at( (804)786-1692.