Change to title XI

      Please review ED's suggestion below on Title XI and give me your reaction
             as soon as possible, so that ED can finalize the bill today.  Thanks.
             ---------------------- Forwarded by Constance J. Bowers/OMB/EOP on
             05/19/99 02:21 PM ---------------------------



                     "Orzechowski, Jennifer" 
                     05/19/99 02:15:32 PM
             Record Type: Record

             To: Constance J. Bowers/OMB/EOP, Wei-Min C. Wang/OMB/EOP
             cc: "Kristy, Jack" , "Ramirez, Heidi"
             
             Subject: Change to title XI



             This is from Jack Kristy.

             Wei-Min, et, aI,

             After struggling with all of the issues and options raised, it seems that
             neither our current language nor Elena's testing language would clearly
             prohibit states from having separate (distinct form reading, math, etc.)
             English proficiency standards and using those standards to retain/promote
             LEP students.   It seems our policy goal is to do that, except in making
 "




graduation decisions (e.g. New York).

In addition, we're very concerned about affecting the assessment language
in
a manner that would make it inconsistent with Title I.

AS a result, one more try:  this is essentially the language of the
"special
rule", but given less prominence in subsection (c) this time. As you can
see, we have also added the Spanish-language language.

 xi.doc

 - xi.doc



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                           U(D)       are valid and reliable for the

         purposes for which they are used and must fairly and

         accurately measure what students have been taught;

                           "tE)       provide reasonable adaptations and

         accommodations for students with disabilities and students

         with limited English proficiency;

                           "(F)       provide that students with limited

         English proficiency are assessed, to the greatest extent

         practicable, in the language and form most likely to yield

         accurate and. reliable information about what those students

         know and can do; and

                           "(G)       provide that Spanish-speaking students

         with limited English proficiency are assessed using tests

         written in Spanish, if Spanish-language assessments are

         more likely than English-language tests to yield accurate

         and reliable information on what those students know and

         can do.

              U(c)   PLAN CONTENT.-(l)        A State shall include in its

         accountability plan under section 11208 a detailed

         description of-

                           "(A)       its policy under subsection (b), in

         accordance with paragraph (2);

                           II   (B)   the strategies and steps (including

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                                                                               .   . anagement System



     timelines and performance indicators) that the State will

     take to ensure that its policy is fully implemented no

     later than four years from the date of the approval of its

     accountability plan; and

                       "(C)     the steps that the State will take to

     ensure that the policy is disseminated to all local

     educational agencies and schools in the State and to the

     general public.

               11(2)   A State policy under subsection (a)

     shall provide that no student with limited English

     proficiency may be denied promotion under subsection

     (b) (1) (B) because of a lack of English proficiency, other

     than graduation from secondary school.



                              "ENSURING TEACHER QUALITY

           "SEC. 11205.       (a)   IN GENERAL.   A State that receives

     assistance under this Act shall, at the time it submits its

     accountability plan under section 11208, have in effect a

     policy that-

               "(1)    is designed to ensure that there are

     qualified teachers in every classroom in the Statej and

               "(2)    meets the requirements of this section.

     "(b)  POLICY.   A policy to ensure teacher quality under
     this section shall include the strategies that the
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