Grading MLs

All grades must reflect the student’s accommodated and modified curriculum objectives, presentation, and assessment.

A regular classroom teacher may not:

1. Require an ML to do the same assignments as an English-fluent student, without regard for the ML’s level of English proficiency or the ability of limited English proficiency parents to help at home.

2. Penalize an ML for work missed while in ML/ESOL class.

3. Assign an ML a failing grade if the reason for that failure is his or her limited English proficiency.

A regular classroom teacher may:

1. Set objectives and assign work that is within the student's ability level.

2. Expect the students to do projects, assignments, homework, and take classroom assessments that have been modified to his/her proficiency level.

3. Expect ML to come to class prepared to do work and to behave appropriately.

4. Hold an ML responsible for appropriate assignments to be completed in a reasonable amount of time.

5. Assign an ML a failing grade if the reason for that failure is unrelated to his or her English proficiency and that is documented with concurrency from the MLPS.

6. Keep evidence of modified objectives, assignments, and assessments.

Grading 

Traditional procedures of assigning grades to students may not be appropriate for MLs dependent on English proficiency. For MLs to progress, teachers must maintain high expectations for student learning despite an English proficiency level. Therefore, teachers of MLs must accommodate lessons and assignments based on the individual student’s English proficiency level and needs. 

A student may not be assigned a failing grade in a content area or be retained at grade level based on English language proficiency. The key to appropriate grading of MLs is reasonable accommodations. When grading MLs, assignments, and assessments must be adapted to their proficiency level as they work toward academic achievement. Therefore, teachers of MLs must provide students with appropriate accommodations for instruction and assessment based on both the ELD Standards and the ML’s English proficiency level. 

Students in grades nine through twelve must be allowed to earn credits toward graduation. In addition, students should be given grades on work done with accommodations. Teachers must follow these guidelines:

 • MLs must receive accommodations for content work as needed. 

• Student grades are based on accommodated work that must be aligned with their English proficiency level.

 • MLs must not be failed based on English language proficiency. But, again, teachers of MLs must provide them with appropriate classroom accommodations for instruction and assessment based on both the ELD standards and their English proficiency. 

If teachers demonstrate that they have provided all accommodations and other academic supports, such as a multi-tiered system of supports (MTSS) to the student, and the student has not passed with such supports, then the student's grade is valid. 

The notation of accommodations on a report card is neither best practice nor necessary. The type of accommodations a student can use and the circumstances under which the accommodations are used are detailed in the student’s IEP and/or ILAP and/or accommodation plans under Section 504 of the Rehabilitation Act of 1973 (Section 504). A report card will not include the same detailed description as an IEP, ILAP, or Section 504 Plan. If the inclusion of the accommodation on the report card is rooted in or results in discrimination, it is not lawful.