The state will now allow testing accommodations to former English Language Learners for two years after they achieve proficiency on NYSESLAT, the New York State English as a Second Language Achievement Test.

NYSUT believes this two-year extension will give former ELLs an opportunity to show their content knowledge while they continue to develop their language acquisition.

"This policy change will help level the playing field," said NYSUT Vice President Maria Neira. "Imagine trying to take a social studies test in Chinese after only a couple of years of language study."

An accommodation is a change in how a test is presented, how it is administered or in how a test taker is allowed to respond. State officials noted accommodations generally do not substantially alter what the test measures, nor do they change the academic level.

The testing accommodations will be effective for all New York state testing programs for the current school year, beginning with the statewide grade 5 social studies exam on Nov. 12-13.

The move comes after the State Education Department received approval from the U.S. Department of Education, which ruled the issue was a state policy matter.

"I'm thrilled to see (the federal government has ruled) we have the authority to do this," said Regent Betty Rosa, an expert on bilingual education. "When all the research says it takes seven years for real proficiency, it's mind-boggling we've asked children to take these tests without the tools they need."

Historically, once ELLs showed proficiency based on the results of the NYSESLAT, they were no longer entitled to receive testing accommodations and other instructional services.

"Often ELLs - especially those transitioning from free-standing ESL or bilingual education programs into classes in English - experience difficulties with the academic vocabulary," Neira said.

Allowing the test accommodations to remain for two years after a student exits is necessary, according to Rich Flierl, an ESL teacher in Williamsville schools, Erie County.

"Proficiency means the student has a high level of basic interpersonal communication skills and some degree of cognitive academic language proficiency. It does not mean the student has mastered the language in the three years the student is expected to exit ELL service by SED," Flierl said.

High school ELLs often take advanced and AP classes, Flierl noted, because they have the academic ability even though interpersonal communication skills are still developing.

"They are able to show they have learned the content material — but this is very different from demonstrating fluency in expressing these complex concepts in English," Flierl said. "The accommodations allow students to continue to be tested on the material and demonstrate their knowledge of the subject despite the fact they are still learning the language."

- Sylvia Saunders

Test policy changed

The Regents agreed to change policy to provide the following testing accommodations to former English Language Learners for up to two years after they have passed the New York State English as a Second Language Test:

• Schools may extend the test time for ELLs.
• State exams may be given to ELLs individually or in small groups in a separate location.
• Proctors may read the listening passage on the Regents Comprehensive Examination in English and on the Grades 3-8 English language arts tests a third time to ELLs.
• ELLs may use bilingual glossaries when taking state examinations in all subjects except foreign languages. The bilingual glossaries may provide only direct translations of words, not definitions or explanations.
• ELLs may use both English and an alternative language edition of a test simultaneously. (Not allowed for ELA and foreign language exams).
• Schools may provide ELLs with an oral translation of a state exam if no translated edition is provided by SED. No clarifications or explanations may be provided.
• ELLs using alternative language editions or oral translations of state examinations may write their responses to the open-ended questions in their native language.