Federal

Language Provision in NCLB Draft Plan Criticized

By Mary Ann Zehr — August 31, 2007 3 min read
  • Save to favorites
  • Print

Educators and representatives of groups that follow issues involving English-language learners raised practical concerns last week about how a draft plan to reauthorize the No Child Left Behind Act would affect those students.

Particularly troublesome, they said, is a proposal in the “staff discussion draft” released by the House Education and Labor Committee to require states with more than 10 percent of ELLs who share the same language to create native-language assessments for that language group.

See Also

Read the accompanying story,

Draft Bill Heats Up NCLB-Renewal Debate

At the least, most states would have to come up with new tests for reading and mathematics in Spanish. Fewer than a dozen states have developed such tests. Such a requirement could also force certain states to come up with assessments in far less common languages—Hmong, in Wisconsin, for example, or Ojibwa, in North Dakota.

Aside from noting the difficulty and expense of crafting such tests, academic experts say that native-language assessments work well only if they are used in conjunction with bilingual instruction, which is not required.

“The major omission here is a lack of attention to the language of instruction,” said Jamal Abedi, an education professor at the University of California, Davis. “Research says clearly that if students aren’t taught in their native language, then the assessment in the native language doesn’t do any good.”

In other provisions, the draft plan would set a deadline of two years from enactment of the NCLB reauthorization for states to devise alternative assessments that could be used for some English-language learners, such as simplified English, portfolio, or native-language tests.

It also would permit states to use tests of English-language proficiency instead of regular reading tests during that two-year window for ELLs with low levels of English proficiency, a practice that the federal Department of Education required Virginia and New York state to drop last school year.

Experts on ELLs agreed, however, that one particular proposal in the draft was on the mark: States would have to identify testing accommodations, such as reading test items aloud, for English-learners and show how they would prepare teachers to use those accommodations appropriately.

Advocates Split

The idea of requiring assessments in the native language drew the strongest early reactions last week from ELL advocates.

Mari B. Rasmussen, the director of programs for English-learners in North Dakota, called the proposal “ridiculous” because at least 10 percent of her state’s ELLs come from Ojibwa-speaking homes and, presumably, the state would have to create a test in that Native American language.

But Peter Zamora, the Washington regional counsel for the Mexican American Legal Defense and Educational Fund, favored the requirement, saying it might encourage more school districts to implement bilingual education.

“We’ve seen a resistance [by states] to developing native-language assessments,” Mr. Zamora said. “This should provide a greater incentive to break through some of the bad politics around bilingual education.”

Another advocate of bilingual education, James Crawford, the president of the Institute for Language and Education Policy, in Takoma Park, Md., noted that the draft says that states would be required to develop native-language tests—but only if that requirement was “consistent with state law.” He characterized that language as “a loophole” and predicted that “it might create a perverse incentive for states to outlaw those assessments for students who could benefit from them.”

Aaron Albright, press secretary for Democrats on the House education committee, addressed that prediction by e-mail: “We haven’t seen a race to enact English-language-only laws for testing in the past and don’t expect to see one in the future if these proposed clarifications are enacted.”

One reader of the plan was disappointed that it said states could use portfolio tests as an option for alternative tests for ELLs.

Don Soifer, the executive vice president of the Lexington Institute, a think tank in Arlington, Va., that generally opposes bilingual education, said such tests might be acceptable for use in an individual classroom, but not for school accountability purposes. “They are not objective. They are inconsistently applied,” he said.

He also is against a proposal in the draft that school districts could use native-language assessments for five years—up from three years in the current NCLB law—with the option of giving the tests for an additional two years to some students on a case-by-case basis.

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
School & District Management Webinar
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
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
Education Funding Webinar
What Schools Need to Know About the Federal Education Freedom Tax Credit
What schools need to know about the federal Education Freedom Tax Credit: A practical guide from a licensed teacher and policy expert.
Content provided by LearningSpring
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
School Climate & Safety Webinar
Building Your School Safety Roadmap: Key Priorities for the Upcoming Year
What should be on your school's safety roadmap this year? Join experts to discuss priorities, preparedness, and best practices.
Content provided by Evolv Technology & IdentiSys

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 Ed. Dept. Officially Kills Biden Rule That Added LGBTQ+ Protections to Title IX
The Education Department reinstates 2020 Title IX regulations effectively in place since early 2025.
4 min read
NEW YORK, NEW YORK - JUNE 13: Local elementary schools participate in the annual Brooklyn Gay Pride Parade, celebrating its 30th year, June 13, 2026 in the Park Slope neighborhood of the borough of Brooklyn, New York City.
Local elementary schools participate in the annual Brooklyn Gay Pride Parade, celebrating its 30th year on June 13, 2026, in the Park Slope neighborhood of the borough of Brooklyn, New York City. The Trump administration has officially rescinded a Biden-era regulation that extended Title IX's prohibition on sex discrimination to cover discrimination based on sexual orientation and gender identity.
Andrew Lichtenstein/Corbis via Getty Images
Federal OpenAI's Models Probed Websites of Department of Education, Other Agencies
The department's office for civil rights was probed in an attempted hack, according to a report.
3 min read
FILE - The OpenAI logo is displayed on a cell phone in front of an image generated by ChatGPT's Dall-E text-to-image model, Dec. 8, 2023, in Boston. (AP Photo/Michael Dwyer, File)
Federal Trump Administration Moves to Limit Fixes for Systemic Racism in Schools
The Trump administration has limited remedies schools can use to address systemic racial injustice.
7 min read
Jovonia Lewis poses for a portrait outside of the Durham Board of Education building on Sept. 21, 2026, in Durham, N.C.
Jovonia Lewis poses for a portrait outside the Durham Board of Education building on Sept. 21, 2026, in Durham, N.C. In 2018, the U.S. Department of Education reached an agreement with the Durham district after finding it disproportionately suspended Black students. The second Trump administration has limited the remedies schools can use to address systemic racial injustice.
Matt Ramey/AP
Federal Trump Admin. Touts Ed. Dept.'s Help for States as It Tries to Shut It Down
The Trump administration pushes the Education Department's closure, while touting its help for states.
6 min read
Letters on the Department of Education building are missing after removal of America 250 banners, which included those of Booker T. Washington, Catharine Beecher and Charlie Kirk, on March 18, 2026, in Washington.
Letters on the Department of Education building in Washington are missing in this March 18, 2026 photo. The Trump administration continues to push for the agency's closure while also touting its help for states.
Allison Robbert/AP