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The term redesignated (or reclassified) refers to the change in status conferred on English language learners (ELLs) once they have demonstrated proficiency in the English language. Redesignation is the last of the four-step process of compliance with federal law regarding the education of ELLs; these four steps are (1) the identification of students who may need assistance in acquiring English, (2) the assessment of such students to determine their level of English proficiency, (3) the placement into an appropriate program of instruction for those whose assessment results indicate that they are not proficient in English, and (4) the subsequent reassessment of such students to determine if they have acquired sufficient English to be redesignated as Fully English Proficient.

The 2001 No Child Left Behind Act (NCLB) dramatically changed the federal requirements for schools and districts from prior reauthorizations of the Elementary and Secondary Education Act (ESEA) enacted by Congress in 1965. NCLB includes greater accountability for results in the form of higher academic standards, required annual testing in Grades 3 through 8, and increasingly severe sanctions for failing schools. Thus, the legislation now requires states to assess the listening, speaking, reading, and writing English proficiency levels of students in Grades K–12 whose primary or home language is other than English (PHLOTE).

Students who fail to demonstrate proficiency must be designated as ELLs and placed in an alternative language program (ALP) designed to develop students' English proficiency so that they can overcome any language barriers that would otherwise deny them equal access to the curriculum. ELLs must be reassessed at least once per year. There are three key concerns related to the identification and redesignation of ELLs in the United States under current federal law and the Lau regulations issued in the wake of the U.S. Supreme Court's 1974 Lau v. Nichols decision.

Multiple Definitions of Proficiency

Because federal law establishes no national standard for determining English proficiency, each state is allowed to create its own definition and to design its own assessment instrument for measuring such proficiency. Some states decide students' readiness to comprehend mainstream classroom instruction entirely on the basis of a single qualifying test score. Other states require teacher approval in addition to a qualifying score. For example, California requires a test score, a teacher recommendation, and score on a regular English test.

There are states that combine the subtest scores for listening, speaking, reading, and writing into one total composite score to determine overall proficiency, thus allowing students to score below proficiency on one or more of the individual subtests and yet still achieve overall proficiency. Other states require students to demonstrate proficiency by passing each subtest independently within the same year.

The assessment instruments used by various states emphasize some language skills over others, so that one instrument may give a disproportional weight to the listening and speaking subtests, while the instrument used in another state may place a greater value on the reading and writing subtests.

Multiple Definitions of PHLOTE Status

There is no nationally uniform process for identifying which students should be assessed for English proficiency. Although federal law requires that schools use a home language survey (HLS) to determine which students should have PHLOTE status and thus must be assessed for English proficiency, each state creates its own version of an HLS. Arizona, for example, now uses an HLS that asks only one question: What is the primary language of the student? Yet most states ask at least three questions and some ask more than three.

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