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If an LEP student still appears to be more knowledgeable in the content area in Spanish, even though has been taught in English for 2-3 years, is the student still eligible for a side-by-side?

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If an LEP student still appears to be more knowledgeable in the content area in Spanish, even though has been taught in English for 2-3 years, is the student still eligible for a side-by-side?

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Executive Numbered Memo # 010-2006-07 New federal regulations and assessment options for LEP states: C. Assessment Options The No Child Left Behind Act (NCLB) requires that all students participate in the Oregon Statewide Assessments in English Language Arts, mathematics, and science. In addition, it requires that students be assessed with a valid and reliable test. To facilitate the inclusion of all students in the assessment system, NCLB allows states to offer students who are not proficient in English the opportunity to be tested in their native language in reading or English Language Arts for up to five years. These tests must be in a language and form most likely to yield accurate data about what such students know and can do in academic content areas. (Section 1111(b)(3)(C)(ix-x)) Students who are eligible are those who 1) have been educated in the United States for three or fewer consecutive years and 2) have not yet reached a sufficient level of English language proficiency suc

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