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Article 4. Designating Students to be Participants. General Standards for Determining Student Eligibility.   

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(a) School districts must use SCE funds for educationally disadvantaged students attending participating schools as determined in accordance with Sections 4410-4413.

(b) For purposes of this article, the term "educationally disadvantaged students" means students who have need for special educational assistance in order that their level of educational attainment may be raised to that appropriate for students of their age. The term includes LES/NES students who are not proficient in English and students with a primary language other than English who are proficient in the English language and who are not functioning at the level appropriate for students of their age.

(c) In general the needs assessment used to identify educationally disadvantaged students within eligible schools must be based on objective empirical evidence in the English language which indicates the students whose educational attainment in the basic instructional areas is below that appropriate for students of their age. It is presumed that the use of standardized, nationally normed tests meets the requirements of this subsection. The use of other objective measures, including validated criterion-referenced tests, diagnostic tests, and development scales, may be used if they provide a standardized means for determining the level of educational attainment appropriate to children of their age, and if such measures meet the following criteria:

(1) The cutoff point, score, or criterion for eligibility must have been determined by its empirical relationship to the educational attainment appropriate to the age of the student and may be identified by the fiftieth (or more stringent) percentile on a nationally normed test.

(2) Districts must have conducted an empirical study of the relationship between their means of identification and a nationally normed test, and demonstrate that students identified as eligible for participation in compensatory education programs by using the alternative procedure would have scored below grade level using a nationally normed standardized test.

It is not necessary that such a study be conducted with every group of students to be identified. Districts are encouraged to use a variety of valid reliable indicators to provide the best possible information on student performance for purposes of identification of eligible students.

Authority Cited:

Education Code 54005

Reference:

Education Code 54001

Education Code 54004.5

Education Code 54020