The legal authority for the bilingual tester waiver is provided in California Education Code (EC) Section 52164.1. Visit California Law (Outside Source) for the statute.
Background
The California English Language Development Test (CELDT) is the instrument for assessing listening, speaking, reading, and writing skills of children in California for whom English is not the primary language. In addition to the CELDT, EC Section 52164.1(c) requires an assessment of the student’s primary language proficiency “. . . including speaking comprehension, reading, and writing, to the extent assessment instruments are available. . . ”
EC 52164.1(c) describes the qualifications of the assessor:
. . . The assessments shall be conducted by persons who speak and understand English and the primary language of the pupils assessed, who are adequately trained and prepared to evaluate cultural and ethnic factors, and who shall follow procedures formulated by the superintendent to determine which pupils are pupils of limited English proficiency, as defined in subdivision (m) of Section 52163. . .
This same section allows for an administrative waiver when specified conditions are met . . . The superintendent may waive the requirement that the assessment be conducted by persons who can speak and understand the pupil's primary language where the primary language is spoken by a small number of pupils and the district certifies that it is unable to
comply. . .
The bilingual tester waiver (DOC; 55KB; 3pp.; 07-July-2006) applies only to waiving the provision of a bilingual tester for the initial identification process; it does not waive the assessment requirement.
On the tester waiver form, districts should report the number of students for whom they needed a bilingual tester during the past year and one was not provided. Instructions are provided on the form.
Use of Alternate Instrument for Special Education Students
The Waiver is no longer required.
The legal authority for the use of alternate assessment instruments for special education pupils is provided in EC Sections 52164. Visit California Law (Outside Source) for the statute.
EC 52164
. . . Special language assessment instruments, designated by the Superintendent and in compliance with the requirements of subdivision (j) of Section 56001, may be used for special education pupils. . .
The reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on December 3, 2004, and took effect on July 1, 2005. In general, Individualized education program (IEP) teams decide how students with disabilities participate in statewide assessments – not whether they participate. EC Section 612(a)(16)(A) states that all children with disabilities are to be included in all general statewide assessment programs, including those required by No Child Left Behind (NCLB), with appropriate accommodations and alternate assessments where necessary and as indicated in their respective IEPs.
Procedures concerning accommodations and appropriate, approved, alternative assessment options for special education students are available in the CELDT Assistance Packet.
With the changes brought about by CELDT legislation and the designation of alternate procedures by the Superintendent, it is no longer necessary to apply for the Alternate Test Waiver if these procedures are followed.
