Exiting Students with Disabilities Who are Identified as  Limited English Proficient LEP

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Provided by TEA and Modified by HISD 2008-2009. 2. Changes to the Law -Chapter 89.1125 (k) Testing and Classification of Students. . (k)

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Exiting Students with Disabilities Who are Identified as Limited English Proficient LEP

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1. Provided by TEA and Modified by HISD 2008-2009 1 Exiting Students with Disabilities Who are Identified as Limited English Proficient (LEP) Presentation by: Susan Kinnaird, Supervisor Office of Special Education Services Jennifer Alexander, Manager Multilingual Programs Department 2008-2009

2. Provided by TEA and Modified by HISD 2008-2009 2

3. Provided by TEA and Modified by HISD 2008-2009 3 LPAC and ARD Committee Collaboration – Annual Review and Exit The ARD Committee and the LPAC must work collaboratively in order to provide the appropriate services to our students. LPAC representation is required anytime the ARD-IEP Committee meets regarding a student with a disability who has also been identified as Limited English Proficient (LEP). The ARD-IEP and LPAC committees collaborate to determine the students’ appropriate instructional services. This collaboration is on-going until the student no longer qualifies for or is exited from either special education services or bilingual/ESL program. ARD/LPAC collaboration - Appropriate assessment must be identified based on individual student needs. A list of approved assessments is available on http://www.tea.state.tx.us/curriculum/biling/ListApprovedTests0708.pdf but ARD and LPAC may find other assessments that will meet the needs of the specific student. The collaborative decision can determine whether or not a student will be identified and served through bilingual/ESL services. Appropriate documentation of the collaborative decision should be provided in the LPAC and ARD minutes. LPAC Manual and other information is found on the following link: http://ell.tamucc.edu/LPACupdate.html Revised ARD Committee Decision-Making Process for the Texas Assessment Program 07-08 is found on the following link: http://www.tea.state.tx.us/student.assessment/admin/2007_2008_ARD_Manual_tagged.pdf ARD/LPAC collaboration - Appropriate assessment must be identified based on individual student needs. A list of approved assessments is available on http://www.tea.state.tx.us/curriculum/biling/ListApprovedTests0708.pdf but ARD and LPAC may find other assessments that will meet the needs of the specific student. The collaborative decision can determine whether or not a student will be identified and served through bilingual/ESL services. Appropriate documentation of the collaborative decision should be provided in the LPAC and ARD minutes. LPAC Manual and other information is found on the following link: http://ell.tamucc.edu/LPACupdate.html Revised ARD Committee Decision-Making Process for the Texas Assessment Program 07-08 is found on the following link: http://www.tea.state.tx.us/student.assessment/admin/2007_2008_ARD_Manual_tagged.pdf

4. Provided by TEA and Modified by HISD 2008-2009 4 LPAC and ARD Committee Collaboration – Annual Review and Exit, continued ARD-IEP Committee and LPAC identify bilingual/ESL goals in the student’s IEP Both committees collaborate to: design appropriate instruction, determine who will provide the instruction and determine how progress will be measured. Instruction must be designed in such a manner that it will facilitate English language acquisition and academic achievement in the content areas. ARD/LPAC collaboration - Appropriate assessment must be identified based on individual student needs. ARD/LPAC can choose appropriate assessment other than TAKS to satisfy the requirements for English language proficiency depending on student needs. Whenever possible the assessments should include an English oral and written component as well as a reading proficiency evaluation to mirror the exit criteria defined in rule in this section. The second language acquisition skills need to be met. ARD/LPAC collaboration - Appropriate assessment must be identified based on individual student needs. ARD/LPAC can choose appropriate assessment other than TAKS to satisfy the requirements for English language proficiency depending on student needs. Whenever possible the assessments should include an English oral and written component as well as a reading proficiency evaluation to mirror the exit criteria defined in rule in this section. The second language acquisition skills need to be met.

5. Provided by TEA and Modified by HISD 2008-2009 5 LPAC and ARD Committee Collaboration – Annual Review and Exit, continued End of Year LPAC: After May 1st and before June 30th: LPAC reviews assessments to determine if the student meets exit criteria. LPAC determines students’ program placement and ESL instructional level for the coming school year. ARD-IEP Committee: meets annually to determine appropriate goals and services. meets any time adjustments are required in the student’s IEP including changes recommended by the LPAC. The decision to exit a student who receives both special education and bilingual/ESL services is determined by the ARD committee in conjunction with the LPAC. The concept to be stressed is that in order to provide the best possible services to our students, the ARD committee and the LPAC need to work together each time there is a meeting regarding a student with suspected or documented disability who has suspected or documented limited English proficiency (LEP). The collaboration is a partnership that should last for the entire school experience of the student; it is not a token meeting with one or two members of each committee. Both committees need the expertise and input from each other. A formal ARD committee has not yet been established for students who have been referred for special education evaluations and who are suspected or documented limited English proficiency (LEP) because the evaluation process is not yet complete.  The evaluation team needs the expertise and input of the LPAC to help identify communication barriers that may have an impact on the evaluation Federal Regulations on Special Education Section 300.304(3)(c)(1)(i-ii) 300.304 (3)(c) Other evaluation procedures. Each public agency must ensure that— (1) Assessments and other evaluation materials used to assess a child under this part— (i) Are selected and administered so as not to be discriminatory on a racial or cultural basis; (ii) Are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer; This helps support that the ARD should be using the expertise found in the LPAC to make sure that the assessment yield accurate information. The concept to be stressed is that in order to provide the best possible services to our students, the ARD committee and the LPAC need to work together each time there is a meeting regarding a student with suspected or documented disability who has suspected or documented limited English proficiency (LEP). The collaboration is a partnership that should last for the entire school experience of the student; it is not a token meeting with one or two members of each committee. Both committees need the expertise and input from each other. A formal ARD committee has not yet been established for students who have been referred for special education evaluations and who are suspected or documented limited English proficiency (LEP) because the evaluation process is not yet complete.  The evaluation team needs the expertise and input of the LPAC to help identify communication barriers that may have an impact on the evaluation Federal Regulations on Special Education Section 300.304(3)(c)(1)(i-ii) 300.304 (3)(c) Other evaluation procedures. Each public agency must ensure that— (1) Assessments and other evaluation materials used to assess a child under this part— (i) Are selected and administered so as not to be discriminatory on a racial or cultural basis; (ii) Are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer; This helps support that the ARD should be using the expertise found in the LPAC to make sure that the assessment yield accurate information.

6. Provided by TEA and Modified by HISD 2008-2009 6 LPAC and ARD Committee Collaboration – Annual Review and Exit, continued The ARD committee in conjunction with the LPAC shall: determine an appropriate exit assessment instrument and designate the required level of performance for indicating limited English proficiency (exit criteria). Instruction must be designed by both committees in such a manner that it will facilitate English language acquisition and success in the content area academic achievement. Pre testing, as well as continued evaluation needs to take place throughout the instruction period. This will help the teachers adjust and accommodate their education plan to make sure the needs of the student are met as well as the goals of the IEP. Baca, L. & Cervantes, H. (1991). Bilingual Special Education. Learning Disabilities Online, ERIC Digest #496, at http://www.ldonline.org/ld_indepth/bilingual_ld/esl_eric.html Burnett, J. (1998). Reducing the disproportionate representation of minority students in special education. ERIC Clearinghouse on Disabilities and Gifted Education, ERIC /OSEP Digest #E566, at http://www.ericfacility.net/ericdigests/ed417501.html. Cloud, N. (1988). ESL in Special Education. ERIC Clearinghouse on Languages and Linguistics, Washington, DC, at www.ericfacility.net/ericdigests/ed303044.html. Ortiz, A. (1992). Assessing Appropriate and Inappropriate Referral Systems for LEP Special Education Students, at www.ncbe.gwu.edu/ncbepubs/symposia/second/vol1/assessing.htm. (Presented at the Second National Research Symposium on Limited English Proficient Student Issues, 1992) Portuondo, M.L, & Hardy, P.R. (2001). When is a language difficulty a disability? The assessment and evaluation process of English language learners. 2001 MATSOL Conference Presentation, Chestnut Hill, MA, at http://alliance.brown.edu/programs/eac/sped_MTSL101.shtml. Instruction must be designed by both committees in such a manner that it will facilitate English language acquisition and success in the content area academic achievement. Pre testing, as well as continued evaluation needs to take place throughout the instruction period. This will help the teachers adjust and accommodate their education plan to make sure the needs of the student are met as well as the goals of the IEP. Baca, L. & Cervantes, H. (1991). Bilingual Special Education. Learning Disabilities Online, ERIC Digest #496, at http://www.ldonline.org/ld_indepth/bilingual_ld/esl_eric.html Burnett, J. (1998). Reducing the disproportionate representation of minority students in special education. ERIC Clearinghouse on Disabilities and Gifted Education, ERIC /OSEP Digest #E566, at http://www.ericfacility.net/ericdigests/ed417501.html. Cloud, N. (1988). ESL in Special Education. ERIC Clearinghouse on Languages and Linguistics, Washington, DC, at www.ericfacility.net/ericdigests/ed303044.html. Ortiz, A. (1992). Assessing Appropriate and Inappropriate Referral Systems for LEP Special Education Students, at www.ncbe.gwu.edu/ncbepubs/symposia/second/vol1/assessing.htm. (Presented at the Second National Research Symposium on Limited English Proficient Student Issues, 1992) Portuondo, M.L, & Hardy, P.R. (2001). When is a language difficulty a disability? The assessment and evaluation process of English language learners. 2001 MATSOL Conference Presentation, Chestnut Hill, MA, at http://alliance.brown.edu/programs/eac/sped_MTSL101.shtml.

7. Provided by TEA and Modified by HISD 2008-2009 7 2008-2009 Process for Exiting Students with Disabilities from Bilingual/ESL Programs See handout, “2009-2010 Process for Special Education/LEP Exit, Gr. 1-12 (Flowchart)”

8. Provided by TEA and Modified by HISD 2008-2009 8 LEP Alternate Exit Assessment Options for 2008-09 Listening and Speaking (oral language proficiency) options include one or more of the following: Idea Proficiency Test (IPT) - Oral Sign Language Communication Assessment TELPAS Listening TELPAS Speaking Reading options include one or more of the following: Idea Proficiency Test (IPT) - Reading TELPAS Reading TAKS Reading/LA TAKS Accommodated TAKS Modified TAKS–Alternate Writing options include one or more of the following: Idea Proficiency Test (IPT) - Writing TAKS Writing TAKS Accommodated Writing TAKS Modified Writing TAKS Alternate Writing TELPAS Writing (*) When one or more domains are not possible to assess due to a student’s disability, ARD/IEP Committee and LPAC will provide documentation to support a decision not to assess the domain(s). See also 2008-2009 Process for Special Education/LEP Exit, Gr. 1-12 (Flowchart)

9. Provided by TEA and Modified by HISD 2008-2009 9 Decision Guide Questions for Special Education/LEP Exit Process LPAC and ARD-IEP Committee representation must review student’s cognitive, linguistic and affective needs. See handout, “Decision Guide Questions for Special Education/LEP Exit Process”

10. Provided by TEA and Modified by HISD 2008-2009 10 Documentation for Exiting Students with Disabilities from LEP Program See handout: “ LEP Exit Log for Students in Gr. 1-12 Receiving Special Education Services; LPAC & ARD/IEP Committee Collaboration”

11. Provided by TEA and Modified by HISD 2008-2009 11 ARD-IEP Deliberation/Documentation Recommended ARD-IEP Deliberation Statements: Review of ARD/IEP Document Section IV K. The ARD/IEP Committee in collaboration with the LPAC recommend (student) for exit from LEP status using alternate exit criteria. The alternate exit assessment and exit criteria is described in Section IV K. of this ARD/IEP Document. The ARD/IEP Committee in collaboration with the LPAC have reviewed assessment performance and have determined the (student) has meet LEP alternate exit criteria established by the ARD-IEP Committee on (date), and thus have formally exited (student) from LEP status. The LPAC will continue to monitor the student for two years.

12. Provided by TEA and Modified by HISD 2008-2009 12 Case Studies Alejandro Jennifer Juan Mayra

13. Provided by TEA and Modified by HISD 2008-2009 13 Monitoring after Exit from Bilingual/ESL Services After the ARD-IEP Committee and LPAC exit a student from bilingual/ESL services: The LPAC will monitor the academic progress of each student who has exited from a bilingual or ESL program. If progress monitoring shows that the student is not making appropriate progress towards annual goals, both ARD-IEP Committee and LPAC need to reconvene to determine whether the student should be re-identified as LEP or should receive additional support services. If a student is exited from bilingual/ESL services based on 89.1225(k) but progress monitoring shows that the student is not making appropriate progress towards annual goals, both ARD and LPAC need to reconvene and The language proficiency assessment committee shall monitor the academic progress of each student who has exited from a bilingual or English as a second language program in accordance with the Texas Education Code, §29.0561. If a student is exited from bilingual/ESL services based on 89.1225(k) but progress monitoring shows that the student is not making appropriate progress towards annual goals, both ARD and LPAC need to reconvene and The language proficiency assessment committee shall monitor the academic progress of each student who has exited from a bilingual or English as a second language program in accordance with the Texas Education Code, §29.0561.

14. Provided by TEA and Modified by HISD 2008-2009 14 Multilingual Department and Office of Special Education Services Collaboration Ongoing collaboration with Multilingual Department Memo “Changes to TAC Regarding Reclassification of LEP Students Receiving Special Education”, dated March 5, 2008 Attachments included: 2008-2009 Process for Special Education/LEP Exit, Gr. 1-12 (Flowchart) Decision Guide Questions for Special Education/LEP Exit Process HISD LEP Exit Log for Students in Gr. 1-12 Receiving Special Education Services; LPAC & ARD/IEP Committee Collaboration Phasing in new exit procedures for students with disabilities. LPAC and Special Education Procedures Manuals reflecting collaboration and exit process. Joint staff development training for department chairs and LPAC chairs on new exit process.

15. Provided by TEA and Modified by HISD 2008-2009 15 Handouts 2008-09 Process for Special Education/LEP Exit, Gr. 1-12 (Flowchart) Decision Guide Questions for Special Education/LEP Exit Process LEP Exit Log for Students in Gr. 1-12 Receiving Special Education Services; LPAC & ARD/IEP Committee Collaboration. ARD/IEP Form

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