If you are involved in the education field, you may have heard the word LEP and wondered what it means.
There are several ways you can find out the definition of LEP and its importance.
LEP protections apply equally to LEP individuals with disabilities
There are several Federal agencies that provide services to LEP individuals.
The Employment and Training Administration (ETA) provides employment services, job training and labor market information.
It also funds workforce investment partners.
In addition, OSHA protects workers' rights to safe and healthy working conditions.
A third, the Office of the Inspector General (OIG), investigates and detects fraud in DOL programs.
The Equal Employment Opportunity Commission (EEOC) has worked with millions of Americans who speak languages other than English.
However, it does not have the resources to prosecute discrimination claims.
Instead, it refers complainants to other enforcement agencies for further processing.
Another Federal agency that has a significant number of LEP populations is the Office of Workers' Compensation Programs (OWCP).
These programs provide benefits to workers who have been injured on the job, or who are suffering from disability.
They provide wage replacement, medical treatment, vocational rehabilitation and other benefits.
Approximately 16 to 18 percent of OWCP's service population is LEP.
Some of the languages that are spoken by this group are Vietnamese, Thai, Laotian and Khmer.
A few of the major programs administered by the OWCP include the Longshore and Harbor Workers' Compensation Act, the Postal Service Employees' Retirement System, and the Department of Energy.
While these programs are not typically expected to have much interaction with LEP groups, they may be a potential source of assistance to this population.
An office within the Department of Labor carries out the primary mission of improving working conditions for American workers.
This includes training, outreach and implementing an integrated national workforce investment system.
One program in particular is the Occupational Outlook Handbook.
It provides information about the labor market, employment trends and earnings.
Information is available in many languages, including Arabic, Chinese, Hindi, Spanish, French and more.
Another federal agency that works with LEP individuals is the Office of Administrative Law Judges.
This office conducts hearings under numerous statutes.
Besides conducting formal and informal hearings, the OLJ also creates standard operating procedures for the translation of documents and other materials.
For example, in 2010, over 100 occupational statements from the Bureau of Labor Statistics (BLS) were translated into Spanish.
NCLB definition of AYP
The No Child Left Behind Act (NCLB) of 2001 introduced a new measure of student performance called adequate yearly progress.
This new measurement focuses on the current year performance of pupils in each school, as opposed to previous year results.
It was intended to be a more uniform structure.
However, some states have rejected parts of the law or have asked for waivers.
While the resulting number of schools failing to meet AYP standards is relatively small, it is still an ongoing topic of debate.
One of the complexities of NCLB's AYP requirements is the use of disaggregation to measure pupil performance.
This may mean using test scores from groups that do not actually belong in the calculation.
Furthermore, the results of these tests may be statistically unreliable.
The AYP requirements under the NCLB legislation also specify demographic subgroups.
These include low-income families, minorities, and students with disabilities.
Also, the state has to include graduation rate in its assessment of academic achievement.
Moreover, NCLB requires that the state develop a single accountability system that addresses AYP.
Each school's yearly growth on its standards must be compared with its state-determined AYP standards.
An ultimate goal is required, and the goal may be set annually or on a rolling basis.
The AYP provisions of NCLB have drawn criticism from several interest groups and LEAs.
Some state officials have emphasized the importance of identifying and fixing underperforming schools.
Other LEAs have opted to make use of a "safe harbor" provision, which allows schools to make AYP if they show a 10 percent decrease in their non-proficient pupil population.
Although the AYP requirements are complex and ambiguous, they do have one nifty feature.
Specifically, the state must establish a minimum group size.
Since some groups, such as the economically disadvantaged, are relatively small, this can result in exclusion.
The AYP requirements under NCLB are also complicated by the requirement that the requirements be implemented in the same year as the test.
However, this may be the only requirement that requires states to take action.
Several states have opted to use their own policy and academic measures as their statewide benchmarks instead.
LEP codes derived from the ACCESS for ELLs(r)
The Alternate ACCESS for ELLs (ACCESS) is an assessment instrument for English Language Learners with significant cognitive disabilities.
It is computer delivered and consists of multiple-choice and pre-recorded listening passages.
The purpose of the ACCESS for ELLs test is to assess students' communication skills in English.
This test is administered annually to ELs in the member states of the WIDA Consortium.
In addition, ACCESS for ELLs is also useful for EL educators and administrators at all levels.
To administer the ACCESS for ELLs, school systems must follow the policies and procedures outlined in the manual.
LEAs and charter schools may assign proctors.
Test administrators must also be trained.
During the administration of the ACCESS for ELLs, students should be informed of the purpose of the assessment, as well as their responsibilities.
Before administering the ACCESS for ELLs, test administrators must receive appropriate training.
They must also be familiar with the ACCESS for ELLs 2.0 Test Administrator Manual.
These materials are available for free on the WIDA website.
Test administrators must complete the North Carolina Review of Accommodations Used During Testing form.
They must then maintain the form in their local section 504 plan.
An ACCESS for ELLs 2.0 coordinator must coordinate with the school system test coordinator to ensure that all ELs are accommodated.
ELLs with Spanish-speaking parents may be eligible for LEP accommodations.
ACCESS for ELLs test results are not included in participation rates.
However, they can be used as a basis for making placement decisions.
ACCESS for ELLs scores can be scored and recorded electronically, via PowerSchool.
The ACCESS for ELLs paper is a secure test, meaning that only authorized personnel should be allowed access.
The ACCESS for ELLs 2.0 Paper must be administered to the appropriate tier level.
All practice items for the ACCESS for ELLs must be completed online one day prior to the testing window.
If a student is absent from the testing window, a Colorado absent code will be used.
The test is not timed.
The approximate testing window is January 28 through March 8, 2019.
The ACCESS for ELLs 2.0 Test Coordinator Manual includes information on each assessment that is administered in the school.
Appeals of a LEP determination
If you have received a Late Enrollment Penalty (LEP) as a result of your participation in a Medicare Part D Plan, you may be eligible to have the penalty reconsidered.
You will first need to submit a Request for Reconsideration (C2C) to an independent review entity.
For information on this process, see the IRE's website.
This process is available to both current and former beneficiaries of Medicare Part D.
It is not applicable to people who are currently receiving acute care in hospitals, or people who are in certain institutional settings, such as nursing homes or long-term care facilities.
To be eligible for this type of reconsideration, you must submit a request in writing to your school district.
The school district will then review the request and either approve it or file for a due process hearing.
During this time, you will also have the opportunity to appeal the decision.
Once you have submitted your request for reconsideration, IRE will notify you of their final LEP reconsideration decision.
Generally, it will take several months to complete this process.
When you receive the decision, you will then have the option to pay the penalty or request reimbursement for any incorrect charges.
Until the penalty is paid, you will continue to be charged for a late enrollment.
For more information, you can refer to the IRE website or a fact sheet on LEP reconsideration.
These fact sheets can be found in the "Downloads" section of IRE's website.
Also, you can check on the status of your appeal by calling the IRE toll-free number.
In addition to these, there are various dispute resolution mechanisms available.
Depending on the situation, you can file a complaint with your state's education agency, go to mediation, or have a due process hearing.
Appeals of a LEP determination in education are not always easy, but they are a valid avenue for you to pursue.
As with most appeals, you will need to follow the guidelines on submitting your portfolio.
Specifically, you will need to show that your student met the same performance standard as an Needs Improvement student.