Section 11518.5 - Initial Assessment(a) At or before the time of a pupil's initial California enrollment, an LEA shall conduct, in writing, a parent or guardian survey to identify whether the primary or native language of their pupil is a language other than English.(b) If a parent or guardian survey response indicates English as the pupil's primary or native language, the pupil shall be classified English Only (EO).(c) If a parent or guardian survey response indicates a primary or native language other than English, and the LEA determines the pupil is eligible for the initial assessment, the LEA shall promptly notify the parent or guardian in writing, prior to the administration of the assessment that the LEA will administer the ELPAC initial assessment to the pupil in accordance with subdivision (e).(d) The initial assessment, pursuant to Education Code section 60810, shall be administered, scored, transmitted, and/or returned by LEAs in accordance with the corresponding TAMs or other instructions provided by the contractor or the California Department of Education (CDE) for administering, scoring, transmitting, and/or returning the tests, unless specifically provided otherwise in this subchapter, including instructions for administering the test with universal tools, designated supports, accommodations, unlisted resources or instructional supports, where appropriate. The procedures shall include, but are not limited to, those designed to ensure the uniform and standardized administration, the scoring of the tests to pupils, the security and integrity of the test content and test items, and the timely provision of all required pupil and school level information.(e) The LEA shall administer the initial assessment, locally produce the official score for the initial assessment in accordance with the directions of the test contractor, and notify the parent or guardian, in writing, of the results of the ELPAC initial assessment within 30 calendar days after the pupil's date of initial California enrollment, or, if administered prior to the pupil's initial date of California enrollment, up to 60 calendar days prior to such enrollment, but not before July 1 of the school year of the pupil's initial enrollment. The notice shall include whether or not the pupil met the ELPAC initial assessment criterion for proficiency and the LEA's contact information for use if the pupil's parent or guardian has questions or concerns regarding the pupil's classification.(f) If the pupil does not meet the ELPAC initial assessment criterion for proficiency, the LEA shall classify the pupil as EL.(g) If the pupil meets the ELPAC initial assessment criterion for proficiency, the LEA shall classify the pupil as Initial Fluent English Proficient (IFEP).(h) A pupil shall be administered the initial assessment only once over the course of the pupil's enrollment in the California public school system, as verified by the LEA through a review of the California Longitudinal Pupil Achievement Data System (CALPADS) data prior to administering the initial assessment to a pupil.Cal. Code Regs. Tit. 5, § 11518.5
1. New article 2 (sections 11518.5-11518.20) and section filed 6-5-2017; operative 10-1-2017 (Register 2017, No. 23).
2. Amendment of subsection (c), new subsection (d) and subsection relettering 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.
3. Amendment of subsection (c), new subsection (d) and subsection relettering 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.
4. Certificate of Compliance as to 1-17-2020 order 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) (Register 2020, No. 5).
5. Amendment of subsection (d) filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44). Note: Authority cited: Section 33031, Education Code. Reference: Sections 306, 313, 60810 and 60900, Education Code; and 20 U.S.C. Sections 6311, 6312, 6821, 6823, 6825, 6826 and 7801.
1. New article 2 (sections 11518.5-11518.20) and section filed 6-5-2017; operative 10/1/2017 (Register 2017, No. 23).
2. Amendment of subsection (c), new subsection (d) and subsection relettering 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.
3. Amendment of subsection (c), new subsection (d) and subsection relettering 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.
4. Certificate of Compliance as to 1-17-2020 order 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) (Register 2020, No. 5).
5. Amendment of subsection (d) filed 10-31-2022; operative 1/1/2023 (Register 2022, No. 44).