CABESan Diego, California

March 6, 2015

Sandy Christensen, LACOE

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Presentation GoalTo provide the audience with an overview of

the IDEA and English learner (EL) requirements and how these may impact ELs with disabilities in the areas of:

* Initial EL Identification* Interventions and Referral Assessment* Individualized Education Programs* Services and Interventions* Reclassification to Fluent English

Proficient

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Essential Questions

Are students who are ELs appropriately identified and placed?

Are dual-identified English learners learning English?

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Essential Questions

Are the IEPs addressing each EL student’s linguistic and academic needs?

Do IEPs specify necessary accommodations and modifications?

How are English learners’ needs being met?

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2012-13 CA Demographics

1.3 million K-12 English learners

21.6% of K-12 student population are English learners

72% enrolled in K-6; 28% in 7-12 and ungraded

43.1% of all speak a language other than English at home

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Overlapping Goal

State

Law

Effective Programsfor

English Learners with Disabilities

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Federal Law

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Critical Reminders

English learners in special education :

State and federal requirements from both programs apply

Students should be able to demonstrate benefit from educational and supplemental services offered by both programs

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Initial English Learner Identification and Assessment

Upon initial enrollment in a California school w/language other than English on HLS:

Administer the California English Language Development Test (CELDT) within 30 days

Applies to ALL students

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Initial English Learner Identification and Assessment

If child is identified as English learner, administer primary language assessment within 90 calendar days

Implications for special education

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Assessing English Learners for Special Education Eligibility

Traditional Assessment Process

Response to Intervention (RtI) as a component of the Assessment Process

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Special Education Assessment of English Learners: The Law

Assessments Multiple measures Must not be discriminatory--racially or

culturally Must be valid and reliable Have been developed using English learners to

create norms Are administered in the child’s native language Help assess whether lack of academic

achievement is due to limited English proficiency or learning disability

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Response to Intervention

Response to Intervention (RtI) is a Multi-step process for students who struggle

with learning Characterized by high-quality, research-based

instruction and interventions of varying intensity levels

The interventions are Matched to student need Progress is monitored at each level of

intervention Data drives further instruction and/or

interventions Targeted to student’s English proficiency level

(NASDSE, 2005)

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Why Change the Current Process? Instructional factors can lead

to inappropriate referrals to special education

Our current IQ/Achievement discrepancy assessment model may lack reliability and validity

Consider impact of second language in special education eligibility decisions

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RtI Processes1. Prevention

• School wide screening• Professional development• Standards aligned effective instruction• Progress monitoring

2. Intervention• Tiered intervention • Frequent progress monitoring• Targeted instruction with greater intensity

3. SLD determination• RtI data is utilized as a component of a

multi-disciplinary team assessment

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Tier I

Tier II

Tier III

BENCHMARK

INTENSIVE

CORE with Differentiated instruction

CORE +SUPPLEMENTAL

State Board of Education- Adopted Intervention Programs used with fidelity

INTENSIVE

Time Program Group Size

STRATEGIC

Model of Instructional Intervention to allow accessand progress in the core

curriculum

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Assessing the Effectiveness Instruction: Benchmark Assessments

Should be administered at least three times a year

For students “at risk” should be administered weekly; bi-weekly, or monthly

Curriculum embedded assessments usually administered every 6-8 weeks

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Assessing Student Growth Following Intervention: Progress Monitoring Assessments

Should be conducted frequently to monitor the progress that ALL students are making

Should be administered briefly Can be administered to individuals,

small groups, or whole classroomUsed to demonstrate individual student

and class rates of improvement

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How does RtI change the decisionmaking process?

RtI practices can be used to make a range of educational decisions including whether a child qualifies for special education services in the category of Specific Learning Disabilities (SLD)

RtI is one component of the SLD determination, providing data for decision making 34CFR§300.309(2)(ii)(3)(b)(1)(2)(c)

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Beyond Tier Three: Pre-Referral Process A team determines if interventions

provided have given the student every opportunity to learn

Lack of progress in academics and English language acquisition not due to inadequate instruction

Look for patterns of strengths and weaknesses

Determine if a multi-disciplinary assessment is warranted

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Assessment

Team develops assessment planAssessments valid and reliableMultiple measuresQualified staffParent consentEligible or not eligible for special

education?

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IEP Process ChartRtI

Intervention

Tier 3Data based

decision-making

SST ProcessReferral forAssessment

Assessment Plan

Developed

Parent/GuardianInformed Consent

AssessmentCarried Out

Team Meeting:Development of

The IEP & Placement

Recommendation

Parent/GuardianApproval of

IEP & Placement

Student PlacementProgram

Implementation

Annual ProgramReview & Revision(re-evaluate at leastevery three years)

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IEP Team Decision-Making The IEP team considers whether student’s

lack of progress is possible manifestation of disability or consistent with process of second language acquisition:

Team includes a representative with knowledge of second language acquisition and EL services

Team considers results of assessment and whether instruments used are valid and reliable for English learners

Team includes parents/guardians, and students when appropriate

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The IEP

If evaluations show that the student needs special education and related services due to a disability, the school must develop an Individualized Education Program (IEP) for the student within 30 days. The IEP is the blueprint for the student’s education.

1414(d); 300.320, 300.323

Parents should ensure the IEP is fully and consistently implemented.

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Elements of IEP for English Learners

Current levels of performance Assessment results Strengths Areas of need

Assessment and classroom accommodations, program supports and modifications

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Elements of IEP for English Learners

Linguistically appropriate goals and objectives

Academic goal development incl. standards based goals

Determination of services to be provided the student to provide “specially designed academic instruction” needed to access and make progress in the core curriculum Authorized special education services and

ELD instruction provided by both general education and special education personnel

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Legal Requirements Related to the Education of English Learners, including Students with Disabilities

InstructionEL receives a

program of instruction in ELD

Access to Core CurriculumDesigned & implemented

to ensure EL students meet district’s content &

performance standards

Fundingmust be used to provide every EL

with learningopportunities

Parent Notification*Informed of placement

Notified of parental exception waiver

Teacher Authorization &Professional Development

Staff must be recruited, trained,assigned, and assisted to

ensure the program’seffectiveness

*Parents of EL with an IEP must be notified on how therecommended placement will help their child meet the objectives of the IEP

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English Language Development (ELD)

Each English learner must receive a program of instruction in ELD in order to develop proficiency in English as rapidly and effectively as possible

(20 USC 1703[f], 6825[c][1][A]; EC 300, 305, 306, 310; 5 CCR 11302[a]; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009–

1011) Targeted to the student’s English proficiency levelOngoing monitoring of progressLEA adopts the ELD materials to be used

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Access to Core Curriculum

English learners receive academic instruction to meet the district’s content and performance standards for their respective grade levels in a reasonable amount of time.

The LEA has a plan for monitoring and overcoming academic deficits while acquiring English.

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Instructional Services for Dual- Identified Students

Considering language proficiencies, the IEP team determines:

How and from which instructor(s) the student will receive ELD and core academic subjects

How the student will receive SDAIE methodology to access content

How or if the student will receive bilingual support or instruction to access core curriculum

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Linguistically Appropriate Goals

Linguistically and culturally appropriate IEP goals, objectives, and related services should reflect the current language needs of the English learner in determining the appropriate: English language development

methodology Access to the core curriculum Instructional setting

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Requirements Regarding Student Participation in State Testing

All students who are English learners and or student with disabilities must participate in statewide assessments as required by

NCLB and IDEA 2004[34CFR§300.320(6)(i)(ii)(A)(B)]All English learners must be assessed

for English language proficiencyAll public school students must pass the

CAHSEE, as well as meet other state and local requirements, to receive a high school diploma (some students with disabilities do not have to pass this test)

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English Language Proficiency Assessment

All English learners are assessed with CELDT annually within window July 1-October 31

IEP Team determines and specifies accommodations, modifications, alternate assessment for one or more sections of the CELDT

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CELDT Results Individual student proficiency

report will indicate a Beginning score for the

test or section of the test administered

with modifications or with an alternate

assessment tool

IEP teams are responsible for reviewing

CELDT results to determine each student’s actual level of English proficiency

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State Standardized Assessments

The Matrix of Test Variations, Accommodations, and Modifications (http://www.cde.ca.gov/ta/tg/sr/matrix)assists IEP Teams in determining variations, accommodations, or modifications

CAPA uses a list of core adaptationsFor the CMA, only accommodations are

allowed, as it is already modified

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Reclassification Requirements

To reclassify students from EL to Fluent English Proficient, California Ed Code 313d requires:

Assessment of English-language proficiency (CELDT)

Comparison of performance of basic skills ADD 313d

Teacher evaluation of academic performance

Parent opinion and consultation

The LEA monitors for a minimum of two years the progress of reclassified pupils

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Reclassification

Blanket alternative reclassification criteria are not allowable

Required criteria may be adjusted based on individual disability (e.g. hearing impaired student on listening, speaking sections of CELDT).

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Effective Literacy and English Language Instruction for English Learners in the Elementary Grades A Practice Guide

National Center for Education Evaluation and Regional Assistance (NCEERA) Practice Guide -

Gersten, R., S.K., Shanahan, T., Linan-Thompson, S., Colins, P., & Scarcella, R. (2007)

(NCEE 2007-4011). Washington, DC: National Center for Educational Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education. Retrieved from: http//ies.ed.gov/ncee

Developing Literacy in Second-Language Learners: Report of the National Literacy Panel on Language-Minority Children and Youth, August, D., Shanahan, T (2006) http://www.cal.org/projects/archive/nlpreports/Executive_Summary.pdf

Research References

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More ResourcesBooks on Assessing English Learners with Special Needs

Artiles, A.J. &Ortiz, A.A. (2002). English Language Learners with Special Education Needs. McHenry, IL and Washington, DC: Delta Systems and Center for Applied Linguistics.

Echevarria, J. & Graves, A. (2007). Sheltered Content Instruction. Boston, MA: Pearson Education Inc.

Hamayan, E., Marler, B., Sanchez-Lopez, C., & Damico, J. (2007). Special Education Considerations for English Language Learners. Philadelphia, PA: Caslon, Inc.

Klinger, J.K., Hoover, J.J., & Baca, L.M. (2008). Why do English Language Learners Struggle with Reading? Thousand Oaks, CA: Corwin Press.

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Web addresses:

http://www.cde.ca.gov/ta/tg/sa/

http://www.cde.ca.gov/sp/el/

http://www.cde.ca.gov/ta/cr/cc/

http://www.cde.ca.gov/sp/se/cc/

EL Program Resources

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For Further Information:

California Department of Education

English Learner Accountability Unit

Phone: (916) 319-0938

Fax: (916) 319-0960

Address: 1430 N St. Suite 4401, Sacramento CA 95814

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Contact

Sandy Christensen, Speech Language PathologistLos Angeles County Office of

EducationChristensen_Sandy@lacoe.edu(909) 622-3322