Federal

Education Officials Back Down on Some Proposed ELL Mandates

By Mary Ann Zehr — October 17, 2008 3 min read
  • Save to favorites
  • Print

Bowing to complaints from state officials and advocates for English-language learners, the federal government has published a final—and more flexible—“interpretation” of how states should carry out the section of the No Child Left Behind Act that applies to such students.

In particular, the Department of Education backed off on what critics saw as overly rigid rules for measuring and reporting whether students are learning English under Title III of the law, which authorizes funds for English-language-acquisition programs. (See “Consistent ELL Guides Proposed,” May 14, 2008.)

Officials from 24 states submitted comments urging the department to soften the proposal, which—while not a formal regulation—effectively determines how states are expected to implement Title III.

“We did take very seriously the feedback we got from states and advocates of limited-English-proficient students. We have made some adjustments,” said Kathyrn M. Doherty, a special assistant to the Education Department’s deputy secretary, Raymond J. Simon, in a meeting this week with state officials who oversee ELLs.

Ms. Doherty laid out the expectations of the final interpretation in a nearly two-hour session at the meeting. She stressed that how well states follow the interpretation will be a factor when the department monitors their compliance with Title III.

The department’s May 2 draft proposal would have required states to use the same criteria for deciding whether English-language learners are proficient in English under Title III as they do in deciding whether a child is defined as an ELL under a different section of the law. That other section, Title I, applies to disadvantaged students, a category that includes many ELLs.

Officials in California—which educates about a third of the nation’s 5.1 million English-language learners—submitted strongly worded criticism of that proposal. (See “Proposed ELL Guidelines Criticized as Too Rigid,” Education Week, June 11, 2008.)

The proposed interpretation suggested “a completely new way” of defining English-language-proficiency goals under the law, wrote state Superintendent of Public Instruction Jack O’Connell and California state board of education President Theodore R. Mitchell.

Other Californians expressed concern that the proposed requirement would lead to so much standardization that school districts would no longer have the discretion to rely on parent input and teacher judgment in deciding when students should leave programs.

Revisions Made

In the final interpretation, published Oct. 17 in the Federal Register, the Education Department merely “strongly encourages” states to match the two criteria. Ms. Doherty said she would like to see states standardize criteria among their districts for when ELLs are proficient enough to leave programs, even though the final interpretation doesn’t technically address that.

In addition, the federal government backed down on a proposed reporting requirement under Title III.

The department’s draft proposal would have required states to find a way to report students’ progress in learning English even for those students who had not taken their state’s English-language-proficiency test twice.

Ms. Doherty said the federal government was looking for ways to ensure that the states report progress for all ELLs. The final interpretation permits states to continue to leave out students who have not taken the tests twice.

New Requirements

Federal officials did stick by some requirements in their earlier proposal.

States will not be allowed to “bank” from one year to the next the test scores of English-language learners who pass one of the four areas of their state’s English-language-proficiency test: reading, writing, speaking, and listening. States must give students all four sections of the test each year until they pass all of them at the same time.

Also, in setting targets for ELLs, states will only be allowed to consider how long those students have been enrolled in English-language programs, not factors such as students’ grade level or what stage they are at in learning English.

State officials at this week’s meeting generally saw the revisions as an improvement, despite the new requirements.

Steven A. Ross, a Title III consultant for the Nevada Department of Education and the president of the National Association of State Title III Directors, was pleased that federal officials were willing to allow some flexibility.

With a new administration on the horizon after next month’s election, “I would have followed the parts [of the original proposal] that are convenient and I would have probably procrastinated where I could,” he said.

Related Tags:

A version of this article appeared in the October 22, 2008 edition of Education Week as Education Officials Back Down on Some Proposed ELL Mandates

Events

Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
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
Making AI Work in Schools: From Experimentation to Purposeful Practice
AI use is expanding in schools. Learn how district leaders can move from experimentation to coordinated, systemwide impact.
Content provided by Frontline Education
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
Student Well-Being & Movement Webinar
Building Resilient Students: Leadership Beyond the Classroom
How can schools build resilient, confident students? Join education leaders to explore new strategies for leadership and well-being.
Content provided by IMG Academy

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 Trump Admin. Doesn't Deem Education Degrees 'Professional' in Student Loan Rule
The regulation confirms new limits on graduate student borrowing under Trump's major policy bill.
3 min read
Financial literacy and education concept. A woman looks up at a broken ladder to knowledge.
Vanessa Solis/Education Week + iStock/Getty
Federal McMahon Still Wants to Relocate Special Ed.—And Other Budget Hearing Takeaways
The education secretary also told skeptical lawmakers that Ed. Dept. program transfers are working.
6 min read
LindaMcMahon03B
Secretary of Education Linda McMahon prepares to testify before a Senate appropriations subcommittee on the U.S. Department of Education's fiscal 2027 budget proposal in Washington on April 28, 2026.
Marvin Joseph for Education Week
Federal Part-Time Tutor, Game Developer Charged With Attempted Assassination of Trump
Cole Tomas Allen apologized to friends and former students, according to a criminal complaint.
The Associated Press & Education Week Staff
4 min read
A courtroom sketch depicts Cole Tomas Allen, left, the California man arrested in the shooting incident at the correspondents dinner in Washington, appearing before Magistrate Judge Matthew J. Sharbaugh, in federal court, Monday, April 27, 2026 in Washington. Allen worked as a part-time tutor, according to an online resume.
A courtroom sketch depicts Cole Tomas Allen appearing before Magistrate Judge Matthew J. Sharbaugh, in federal court on April 27, 2026 in Washington. Allen worked as a part-time tutor, according to an online resume.
Dana Verkouteren via AP
Federal Man Accused of Firing Weapon at Event With Trump Has Background as Tutor and Programmer
Social media posts said the individual has worked for company that has provided test-prep and academic support.
2 min read
U.S. Secret Service agents surround President Donald Trump before he was taken from the stage after a shooting incident outside the ballroom during the White House Correspondents Dinner, Saturday, April 25, 2026, in Washington.
U.S. Secret Service agents surround President Donald Trump before he was taken from the stage after a shooting incident outside the ballroom during the White House Correspondents Dinner, Saturday, April 25, 2026, in Washington. The alleged assailant's online resume said he worked for a private tutoring company.
Alex Brandon/AP