Section 11518 - DefinitionsThe following definitions apply to the ELPAC:
(a) "Accommodations" means resources documented in a pupil's individualized education program (IEP) or Section 504 Plan that an eligible pupil regularly uses in the classroom for instruction and/or assessment(s) and that are 1) either utilized in the assessment environment or 2) consist of changes in procedures or materials that increase equitable access to the assessment. Accommodations may not fundamentally alter the comparability of test scores.(b) "Administration" means an eligible pupil's attempt to take any part of the ELPAC initial or summative assessment. Administration, with the exception of the Alternate ELPAC, may be conducted through in-person or remote test sessions.(c) "Alternate assessment" or "Alternate ELPAC," when operational, is an alternate means, identified in the IEPs for eligible pupils with the most significant cognitive disabilities, to measure English language proficiency.(d) "Annual summative assessment window" begins on February 1 and ends on May 31 of each school year.(e) "Assessment management system" means the test operations management system that is a set of web applications that manage the registration of pupils for tests, machine or hand scoring of test items, integration of item scores into an overall test score, and delivery of scores to the data warehouse.(f) "Assessment technology platform" means the underlying computer systems on which ELPAC applications run. It is comprised of two components, the assessment management system and the test delivery system.(g) "Data warehouse" means a comprehensive storehouse of test registrations and results and a system to generate reports on, or extracts of, that data.(h) "Designated interface assistant" is an employee of a local educational agency (LEA), trained as an ELPAC test examiner who is available to assist pupils who need assistance with response entry into the online test delivery system.(i) "Designated supports" are resources that an eligible pupil regularly uses in the classroom for instruction and/or assessment(s) and that are available for use by any pupil for whom a need has been indicated, prior to assessment administration, by an educator or a team of educators (with parent/guardian and pupil input, as appropriate) or specified in the pupil's IEP or Section 504 Plan.(j) "Domain" means listening, speaking, reading, or writing, as described in Education Code section 60810.(k) "ELPAC initial assessment criterion" means a performance-level cut score on the initial assessment that is at or above the State Board of Education (SBE)-approved definition of English language proficient.(l) "ELPAC test examiner" is an employee or contractor of an local educational agency (LEA) or nonpublic school (NPS) who has electronically agreed to an ELPAC Test Security Affidavit, who is proficient in English and has complete command of pronunciation, intonation, and fluency, and who certifies completion of training in the administration of the ELPAC.(m) "ELPAC trainer" is an employee or contractor of an LEA or NPS responsible for the annual training of ELPAC test examiners.(n) "Excessive materials" means the difference between the total number of paper tests scored and 90 percent of the paper tests ordered annually by the LEA.(o) "Grade" means the grade in which a pupil is enrolled at the time of testing, or if enrolled in an ungraded program, the grade to which the LEA assigns the pupil for assessment purposes.(p) "Initial assessment" means the ELPAC assessment that is locally scored and is used to determine the English language proficiency of eligible pupils, as specified in section 11518(ad) or section 11518.20.(q) "Initial assessment window" begins on July 1 and ends on June 30 of each school year.(r) "Initial California enrollment" means the first day on which a pupil is in attendance in a California public school.(s) "Instructional supports" are all supports, including those supports documented in a pupil's IEP or Section 504 Plan, that may be used in daily instruction and for assessment(s), including language and physical supports.(t) "Local educational agency (LEA)" means an elementary, high school, and unified school district, county office of education, any charter school that for assessment purposes does not elect to be part of the school district or county office of education that granted the charter, and any charter school chartered by the SBE.(u) "LEA ELPAC coordinator" is an employee of an LEA who is designated by the LEA superintendent to oversee the administration of the ELPAC assessments.(v) "LEA superintendent" for purposes of these regulations includes an administrator of a charter school that is an LEA as defined by subdivision (t).(w) "Local scoring (LS) correspondence administrator" is an employee of an LEA who enters pupils' initial assessment scores into the local scoring system and has the authority to generate reports of pupils' aggregate and individual scores at the LEA level.(x) "LS data entry staff" is an employee of an LEA who enters pupils' initial or summative assessment scores into the local scoring system and has the authority to print individual pupil score reports at the site level.(y) "Nonpublic schools (NPS)" means nonpublic, nonsectarian schools as described in Education Code section 56034.(z) "Personally identifiable information" includes a pupil's name and/or any other direct personal identifiers, and indirect identifiers, such as the pupil's address and personal characteristics, and other information that makes a pupil's identity traceable through the use of a single or multiple data source(s), including publicly available information.(aa) "Primary or native language" means the language used by a pupil, as identified in accordance with the survey conducted pursuant to section 11518.5(a).(ab) "Proctor" is an employee or contractor of an LEA or NPS who electronically agrees to an ELPAC Test Security Affidavit and completes training designed to prepare the employee to assist the test examiner in the administration of the ELPAC.(ac) "Pupil" refers to a student enrolled in a California public school or NPS.(ad) "Pupil eligible for the initial assessment" is: (1) a pupil whose primary or native language is a language other than English as determined by the survey conducted pursuant to section 11518.5(a), or who is identified for administration of the initial ELPAC assessment pursuant to section 11518.20(a); (2) who has not previously been classified as an English learner (EL) by a California public school; and (3) who has no record of results from an administration of the California English Language Development Test, or the ELPAC initial or summative assessment.(ae) "Pupil eligible for the summative assessment" is a pupil who is classified as EL in accordance with these regulations.(af) "Pupil with a disability" is a pupil who has an IEP in accordance with Education Code section 56345 or a Section 504 Plan in accordance with the provisions of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. section 794).(ag) "Pupils with the most significant cognitive disabilities" are pupils with a disability or disabilities, as defined under title 20 United States Code section 1401(3), that significantly impact(s) cognitive functioning and adaptive behavior and who require extensive, direct individualized instruction and substantial supports to achieve measurement on academic standards, provided that: (1) The identification of a pupil as having a particular disability as defined in title 20 United States Code section 1401(3) shall not determine whether or not a pupil is a "pupil with the most significant cognitive disabilities;" and(2) A "pupil with the most significant cognitive disabilities" must not be identified as such based solely on the pupil's previous low academic achievement or the pupil's previous need for accommodations to participate in general statewide or local assessments.(3) For purposes of this definition, "adaptive behavior" means behavior essential for someone to live independently and to function safely across three domains of daily life skills: conceptual (e.g., language, functional academics, self-direction, money management, and time concepts); social (e.g., interpersonal skills, responsibility, self-esteem, wariness/naïveté, follow rules, etiquette, and social problem solving); and practical (e.g., activities of daily living, occupational skills, safety, healthcare, and travel).(ah) "Record of results" includes: (1) Pupil test results on the initial and/or summative assessment; and(2) Parent or guardian notification letter of pupil results.(ai) "Registration system" means the mechanism that provides administrators with the tools to manage users and pupils participating in the computer-based ELPAC. The system uses a role-specific design to restrict access to certain tasks based on the user's designated role as well as to manage pupils' default test settings, designated supports, and accommodations.(aj) "Remote test session" means a test session administered through an online system where either the student(s) or the Test Examiner are not on-site.(ak) "Resource" refers to a universal tool, designated support, accommodation, or an unlisted resource approved by the CDE. Resources (including approved unlisted resources) do not change the construct of the assessment.(al) "Scribe" is an employee or contractor of an LEA or NPS which is responsible to implement a pupil's IEP, who electronically agrees to an ELPAC Test Security Affidavit, and completes training to transcribe a pupil's responses to the format required by the ELPAC assessment(s). A parent, guardian, or sibling of a pupil is not eligible to be that pupil's scribe.(am) "Site ELPAC coordinator" is an employee of an LEA designated by the LEA, or a person designated by an NPS, to oversee the administration of ELPAC assessments for each test site.(an) "Summative assessment" means the annual administration of the ELPAC assessment to identify a pupil's level of English language proficiency and assess a pupil's progression in acquiring skills of listening, speaking, reading, and writing.(ao) "Test contractor" is the contractor responsible for the development and administration of the ELPAC pursuant to Education Code section 60810.(ap) "Test delivery system" consists of the electronic systems used to display test items, accept and store item responses, score items, and restrict access to outside sources. The test delivery system includes technology required to administer computer-based tests.(aq) "Test administration manual (TAM)" means the instructions provided by the ELPAC contractor for the purpose of training and administering the respective ELPAC tests that must be adhered to in order to ensure the security of valid and reliable tests and the reporting of accurate results.(ar) "Test materials" include, but are not limited to, administration manuals, administrative materials, test books, practice tests, scratch paper, answer books, answer keys, scoring rubrics, and any of the materials developed and provided by the test contractor.(as) "Test navigation assistant" is an ELPAC test examiner who is trained to assist pupil(s) with test navigation; this is a non-embedded universal tool.(at) "Translator" is a person who has been assigned to translate the test directions into the pupil's primary language defined in section 11518(aa), who electronically agrees to an ELPAC Test Security Affidavit, as identified in section 11518.50, and who has received training specifically designed for preparation to assist the test examiner in the administration of the assessments pursuant to Education Code section 60810. A pupil's parent, guardian, or sibling is not eligible to be the pupil's translator. A translator must be: (1) an employee of an LEA; or(2) an employee of the NPS; or(3) a person supervised by an employee of an LEA or an employee of the NPS.(au) "Universal tools" means resources available to all pupils who are administered the ELPAC assessments.(av) "Unlisted resource" means an instructional support that a pupil regularly uses in daily instruction and/or assessment that has not been previously identified as a universal tool, designated support, or accommodation.Cal. Code Regs. Tit. 5, § 11518
1. New section filed 6-5-2017; operative 10-1-2017 (Register 2017, No. 23).
2. Amendment of subsections (c) and (f), new subsections (h), (r) and (s), repealer of subsection (ae), subsection relettering and amendment of newly designated subsections (l), (q), (af) and (ah) filed 8-3-2018 as an emergency; operative 8-3-2018 (Register 2018, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-30-2019 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-3-2018 order transmitted to OAL 11-16-2018 and filed 12-31-2018 (Register 2019, No. 1).
4. Amendment filed 8-1-2019 as an emergency; operative 8-1-2019 (Register 2019, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2020 or emergency language will be repealed by operation of law on the following day.
5. Amendment refiled 1-17-2020 as an emergency; operative 1-29-2020 (Register 2020, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-28-2020 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1-17-2020 order including amendment of subsection (aj)(1) transmitted to OAL 12-12-2019 and filed 1-27-2020; Certificate of Compliance operative 1-30-2020 pursuant to Government Code section 11343.4(b)(2); amendments operative 1-30-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 5).
7. Amendment of subsections (b) and (h), repealer of subsections (n)-(o), (aa), and (ap), new subsection (aj), subsection relettering, amendment of newly designated subsections (p), (w)-(x) and (ak) and amendment of NOTE filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44). Note: Authority cited: Section 33031, Education Code. Reference: Sections 306, 313, 56034, 56345 and 60810, Education Code; 20 U.S.C. Section 1401; 29 U.S.C. Section 794; and 34 C.F.R. Section 200.6.
1. New section filed 6-5-2017; operative 10/1/2017 (Register 2017, No. 23).
2. Amendment of subsections (c) and (f), new subsections (h), (r) and (s), repealer of subsection (ae), subsection relettering and amendment of newly designated subsections (l), (q), (af) and (ah) filed 8-3-2018 as an emergency; operative 8/3/2018 (Register 2018, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-30-2019 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-3-2018 order transmitted to OAL 11-16-2018 and filed 12/31/2018 (Register 2019, No. 1).
4. Amendment filed 8-1-2019 as an emergency; operative 8-1-2019 (Register 2019, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2020 or emergency language will be repealed by operation of law on the following day.
5. Amendment refiled 1-17-2020 as an emergency; operative 1/29/2020 (Register 2020, No. 3). A Certificate of Compliance must be transmitted to OAL by 4-28-2020 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1-17-2020 order including amendment of subsection (aj)(1) transmitted to OAL 12-12-2019 and filed 1-27-2020; Certificate of Compliance operative 1-30-2020 pursuant to Government Code section 11343.4(b)(2); amendments operative 1-30-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 5).
7. Amendment of subsections (b) and (h), repealer of subsections (n)-(o), (aa), and (ap), new subsection (aj), subsection relettering, amendment of newly designated subsections (p), (w)-(x) and (ak) and amendment of Note filed 10-31-2022; operative 1/1/2023 (Register 2022, No. 44).