California sues over English-Language-Learner tests.

Ten school districts in California are suing the state over what they think is a violation of the federal No Child Left Behind law by forcing students with limited English skills to take annual standardized tests in English rather than in their primary languages.

The lead district, Coachella Valley Unified School District in Riverside and Imperial counties, and other districts say testing 1.6 million students in English who are still learning the language yields invalid and unreliable scores.

While the state Department of Education would not comment on the lawsuit, state testing director Deb Sigman says all English Language Learner students who have been in California for less than 12 months can take a primary language test along with an English standards test in English. The primary language test tests skills in math, reading, written expression and spelling in Spanish.

When asked if this leaves various other language speaking students at a disadvantage, Sigman says that No Child Left Behind claims that states must develop tests to the most "practical extent possible."

When asked if the one-year period was unfair to some students who need more time to develop English skills, Sigman says, "most of our ELL students come to us in kindergarten and the testing begins at the end of the second grade year. We believe very strongly that students... become as fluent as possible so they have full access to the system."

English Language Learner Prep

Results from the California English Language Development
Test (a required state test for ELL students)

School year       Percentage meeting requirement

2002-03           32%
2003-04           40%
2004-05           44%