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California Department of Education
Official Letter
California Department of Education
Official Letter
November 21, 2019

Dear County and District Superintendent and Charter School Administrators:

English Language Proficiency Assessment Requirement

The English Language Proficiency Assessments for California (ELPAC) is the state’s assessment used to determine the English language proficiency of students whose primary language is not English. Both state and federal laws require that English learners be assessed each year using the state’s test until exited from English learner services, which occurs at reclassification. The ELPAC is aligned to the state’s English language development standards. Progress toward English proficiency is determined based on the progress results of the students’ Annual Summative ELPAC.

The California Department of Education (CDE) established an annual testing window from February 1 to May 31, during which time local educational agencies (LEAs) are required to administer the Summative ELPAC to each and every English learner. The purpose of this letter is to provide a reminder of this obligation and identify additional resources for your LEA to comply with the requirement. Both state and federal funding is contingent on compliance with the requirement to annually assess English learners.

The Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA), requires all English learners enrolled in schools served by the state to be assessed annually using the state’s English language proficiency assessment. Each year, the LEA assures compliance with all assessment requirements when applying for any funds under ESSA. If the LEA fails to assess all English learner students, Title I, Part A, and Title III allocations will have an additional condition added until such time all students are assessed. (ESSA Section 1111[b][2].)

On January 7, 2015, the U.S. Department of Education and the Department of Justice jointly released the “Dear Colleague Letter: English Learner Student and Limited English Proficient Parents,” restating the requirement of annually assessing the English language proficiency of English learners. Additional information is available from the U.S. Department of Education Office for Civil Rights web page at https://www2.ed.gov/about/offices/list/ocr/ellresources.html.

The CDE will soon release ELPAC participation rate thresholds that will be used for calculating the English Language Proficiency Indicator (ELPI) in the state’s accountability system.

The CDE ELPAC Information Guide provides information regarding the process and protocols for administering the ELPAC and guidance for making critical decisions for students who, based on the outcomes of the assessment, are identified as or continue to be English learners. The 2019–20 ELPAC Information Guide is available on the CDE website at https://www.cde.ca.gov/ta/tg/ep/documents/elpacinfoguide19.pdf [Note: the 2019-20 ELPAC Information Guide is no longer available and has been replaced by the 2023-24 ELPAC Information Guide available on the CDE website at https://www.cde.ca.gov/ta/tg/ep/documents/elpacinfoguide24.docx]. Additional information regarding California’s statewide test for English language proficiency is available on the CDE ELPAC web page at https://www.cde.ca.gov/ta/tg/ep/.

If you have any questions regarding the ELPAC assessment, the Informational Guide, or assessment materials, please contact Traci Albee, Administrator, English Language Proficiency and Spanish Assessments Office, by phone at 916-319-0784 or by email at elpac@cde.ca.gov.

If you have any questions regarding requirements in ESSA, Title III, English Language Acquisition Program for English Learners and Immigrant Youth, please contact Theresa Hawk, Administrator, Technical Assistance and Monitoring Office, by phone at 916-319-0950 or by email at thawk@cde.ca.gov.

Sincerely,

/s/

Sarah Neville-Morgan
Deputy Superintendent
Opportunities for All Branch

/s/

Stephanie Gregson
Deputy Superintendent
Instruction and Measurement Branch

SNM/SG:ef

Last Reviewed: Friday, August 25, 2023

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