URGent Message from the EXECUTIVE BOARD

Important Update from your Executive Board
on the NYSESLAT-ELA Controversy

August 1, 2006

Dear Colleagues and Friends,

Over the past few weeks, the Executive Board at NYS TESOL has been actively exploring what options may exist for the New York State Education Department (NYSED) in responding to U.S. Department of Education’s (USDOE) mandate to double-test LEP/ELLs by requiring that they take both the NYSESLAT and the English language arts assessments, as contained in their letter dated June 27, 2006.

NYS TESOL was represented at a “Committee of Practitioners” meeting on July 14th. NYSED staff outlined two possible options for responding to the USDOE’s mandate. Both options involved double-testing LEP/ELLs. Other possible options that were suggested at the meeting were disregarded. Since that meeting, there have been a number of developments. NYS TESOL has collaborated with other organizations concerned with LEP/ELLs in NYS. These organizations include NYSABE, the New York Immigration Coalition (NYIC), the Committee for Educational Excellence for English Language Learners (CEEELL), and Advocates for Children of New York. An emergency petition was circulated last week as a result of this collaborative effort.

Many of our members have responded to the petition by contacting the Board of Regents and Commissioner Mills via e-mail messages and phone calls. For your time, dedication, and active involvement, we are most grateful. But the work is not yet done. NYSED must respond in writing to the USDOE no later than August 2nd. At the current time, it is unclear which of the two options (or any other) will be submitted as their response.

There are a number of similar situations nationally. Specifically, 10 states were also cited for essentially the same reasons as New York State. In addition, there has been some media attention paid to this crisis. Last week, the U.S. General Accounting Office (GAO) took the USDOE to task in a published report for not providing adequate guidance to the states on how to address the problem of fairly and validly testing LEP/ELLs. On the heels of that report, the USDOE responded by creating a new “LEP Partnership” with 20 states (including NYS) that will meet for the first time on Aug. 28-29, 2006.

Given these developments, the USDOE still is “holding all the cards.” The 10 states that are struggling with this situation will have had to respond in writing prior to the meeting date of the “LEP Partnership.” This translates into the states committing to an action plan at a moment in time in which the USDOE shows no flexibility whatsoever about the double-testing of LEP/ELLs. As the Commissioner of Education in Nebraska so aptly stated, “The USDOE contributes 9% of the funds, but owns 100% of the accountability.”

Yet there may still be hope. Your Executive Board met on an emergency basis on July 29th to discuss this matter in depth. The next steps NYS TESOL may take to help to ameliorate this situation will depend on what NYSED responds to USDOE on August 2nd. We have also been in contact with national TESOL and have received some important information from them on this issue. We will keep you apprised of this situation as it develops. Please urge your colleagues to visit our NYS TESOL web site, to become NYS TESOL members, and to sign up for the NYS TESOL listserv. Given the critical importance of this situation, we plan on disseminating additional information as quickly and as widely as possible.

Once again, thank you for your time, effort, and ongoing support in facing what may be one of the most pivotal issues to affect our students and their families in many years. We look forward to your continued interest in this crucial topic.

Yours in NYS TESOL,

The 2005-2006 Executive Board