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

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
College & Workforce Readiness Webinar
The Road to Opportunity: Making CTE Accessible for All
The most valuable CTE happens off campus. For too many students, transportation is the barrier that keeps opportunity out of reach.
Content provided by HopSkipDrive
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
Recruitment & Retention Webinar
New Hire, No Laptop, No Login: Preventing Day-One Disruption
What happens before day one matters. Discover how districts are improving the new hire experience.
Content provided by Frontline Education
Teaching Profession K-12 Essentials Forum Supporting the New K-12 Workforce: What Teachers Need to Stay at School
 Join this free virtual event to discover what teachers say they need to feel supported to stay in classrooms for the long haul.

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 Special Ed. and Civil Rights: What We Know About the Ed. Dept.'s Latest Moves
Special education is moving to HHS, and civil rights enforcement is moving to DOJ.
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, March 18, 2026, in Washington.
Letters on the U.S. Department of Education building are missing in this March 18, 2026, photo in Washington. The agency last week announced it's transferring day-to-day management of special education and civil rights enforcement to different Cabinet agencies, the latest push by the Trump administration to dismantle the Education Department.
Allison Robbert/AP Photo
Federal Trump's Justice Dept. Investigates Dozens of Districts Over LGBTQ+ Curricula
The investigations target how schools discuss sexuality and gender identity and whether parents can opt their children out of lessons.
8 min read
The U.S. Department of Justice is investigating how 43 school districts in three states teach about sexuality and gender identity and whether they give parents the opportunity to opt their children out of lessons that conflict with their religious beliefs on June 16, 2026.PICTURED, Protesters gather outside the Glendale Unified School District headquarters in Glendale, California, on June 20, 2023. Over 300 people gathered outside the Glendale Unified School District headquarters, as protests continued over the issue of teaching children about same-sex parents and queer issues.
Protesters gather outside the Glendale school district in Glendale, California, on June 20, 2023 over the issue of teaching children about same-sex parents and queer issues. The U.S. Department of Justice is now investigating three other school districts over LGBTQ+ themes in sex ed. and beyond. (The Glendale district is not one of them.)
DAVID SWANSON / AFP via Getty Images
Federal Education Department Moves Special Ed. and Civil Rights to Other Agencies
Special education programs help schools serve more than seven million K-12 students with disabilities nationwide.
9 min read
A banner featuring a photo of President Donald Trump hangs outside the Department of Justice in Washington on Monday, June 15, 2026.
A banner featuring a photo of President Donald Trump hangs outside the Department of Justice in Washington on Monday, June 15, 2026. The U.S. Department of Education is moving its office for civil rights to the Justice Department as part of a fresh wave of outsourcing.
Bill Clark/CQ Roll Call via AP
Federal Trump's Ed. Dept. Backs Away From Addressing Civil Rights for Black Students
Civil rights attorneys describe the administration’s actions as an inversion of legal history.
6 min read
Thomas Chalmers Public School sign is seen outside of school in Chicago, Wednesday, July 13, 2022. America's big cities are seeing their schools shrink, with more and more of their schools serving small numbers of students. Those small schools are expensive to run and often still can't offer everything students need (now more than ever), like nurses and music programs. Chicago and New York City are among the places that have spent COVID relief money to keep schools open, prioritizing stability for students and families. But that has come with tradeoffs. And as federal funds dry up and enrollment falls, it may not be enough to prevent districts from closing schools.
Children are seen outside the Thomas Chalmers Public School in Chicago on July 13, 2022. Under the Trump administration, efforts to address deep-rooted inequities for students of color are being cast as discriminatory against white students. The administration withheld more than $20 million from Chicago schools when the district refused to end its Black Student Success Program.
Nam Y. Huh/AP