Section PI 13.09 - Testing of LEP pupils(1) POLICIES. Each school board policy under s. PI 13.05 shall include procedures regarding the testing of LEP pupils. A charter school and a private choice school whose population includes one or more LEP pupils shall adopt a policy regarding the testing of LEP pupils. The policy under this subsection shall include all of the following assurances: (a) Test administration to an LEP pupil shall be made on an individual basis and information on both academic and English proficiency data shall be documented.(b) Test results may not be used as the sole criterion in re-classifying an LEP pupil from a bilingual-bicultural education program or in determining grade promotion, eligibility for courses or programs, eligibility for graduation or eligibility for participation in postsecondary education opportunities.(c) Exemption of an LEP pupil from taking a test may not be used as the sole criterion in determining grade promotion, eligibility for courses or programs, eligibility for graduation or eligibility for participation in postsecondary education opportunities.(2) TEST ADMINISTRATION. (a) A school board, charter school, and private choice school may not exempt LEP pupils from tests based solely on their LEP status.(b) A school board, charter school, and private choice school shall administer a test to an LEP pupil unless a determination has been made that the results of the test, with allowable accommodations made for the pupil as needed, or as otherwise provided in statute, will not be a valid and reliable indicator of the pupil's academic knowledge and skills.(3) TEST ACCOMMODATIONS. A school board, charter school, and private choice school that includes an LEP pupil in a test shall provide testing accommodations, if the pupil needs such accommodations. Any accommodations made shall maintain the validity of the test as determined by the department and may include, but are not limited to, one or more of the following:(a) For tests that do not assess English language competency, provide translations in a student's native language or the assistance of a qualified translator to translate instructions or read test items.(b) Provide small group or individual testing opportunities.(c) Provide more practice tests or examples before the actual test is administered.(d) Allow LEP pupils to use dictionaries and other educational aids while taking the test unless this use would invalidate the test.(e) Allow pupils as much time as necessary to complete the test.(f) Allow any other method approved by the department.(4) TEST RESULTS. A school, charter school, and private choice school that administers a test to an LEP pupil shall use or report the results as follows: (a) The results of the test shall be used consistent with the policies adopted by school boards, operators of charter schools, and governing bodies of private choice schools under s. 118.33(1) (f) and (6), Stats., in making instructional, promotion, and graduation decisions.(b) The results of the test shall be reported to the department.Wis. Admin. Code Department of Public Instruction § PI 13.09
CR 01-069: cr. Register November 2002 No. 563, eff. 12-1-02.Amended by, CR 19-069: am. (1) (intro.), (2) (title), (a), (b), r. (2) (c) to (e), am. (3) (intro.), (a), (4) (intro.), (a), (b), r. (4) (c) Register February 2020 No. 770, eff. 3/1/2020