Meeting Special Education Requirements for English Learners

1. Meeting Special Education Requirements for English Learners Alameda County Office of Education January 29, 2011Margaret Benavides, Special Education Consultant

2. Presentation Goal To provide an overview of Special Education referral, assessment, reclassification, and IEP processes that address special factors for consideration when working with English Learners * legal requirements * role of RtI * eligibility * English language development

3. Our Responsibilities • Students • Parents • District and State

4. Students LEAs “must ensure that assessment and other evaluation materials used to assess a child…are provided and administered in the child’s native language…and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless clearly not feasible…”34 CFR 300.304(c)(1)(ii)

5. Students General Considerations: developing IEP • Child’s strengths • Parent concerns • Evaluation results • Academic, developmental, and functional needs • child with limited English proficiency, consider the language needs as those needs relate to the child’s IEP 34 CFR 300.324(a)(1)(2)

6. Students Each English learner must receive a program of instruction in ELD in order to develop proficiency in English as rapidly and effectively as possible • Targeted to English language proficiency • Ongoing monitoring of progress (20USC 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)

7. Students • Meaningful access to the 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

8. Parents • Receive information in native language • Prior written notice • Informed consent • Parent concerns • Participation in decision-making • Procedural safeguards and rights

9. State Education Agency • Ensuring compliance with IDEA, its regulations along with state education code and Title 5 regulations: FAPE Child Find LRE IEP Placement

10. FAPE (Free and Appropriate Public Education) • Means special education and related services that— • Are provided at public expense, under public supervision and direction, and without charge • Are in conformity with an IEP (individualized education program)

11. Local Education Agency • LEA must provide for the education of children with disabilities in the least restrictive environment. • Early intervening services e.g. RtI • Parental consent • Evaluations • Eligibility determination & educational need • Parental participation

12. Local Educational Agency • IEP requirements • Exceptions • IEP to parents in their native language upon request • IEP to teachers and others • Procedural Safeguards

13. Assessment • Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent, that may assist in determining— • (i) Whether the child is a child with a disability under 34 CFR§300.8; and • (ii) The content of the child's IEP, including information related to enabling the child to be involved in and progress in the general education curriculum

14. Assessment • Must not be discriminatory--racially or culturally • 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

15. IEP Decision-making • Eligibility • Parent input • Validity/reliability of assessments • Content of IEP • Linguistically appropriate goals • Language of instruction • FAPE and LRE • Parent consent

16. Team Determinations around Language Proficiency Assessments Unless the IEP team establishes the need for an alternate English proficiency test, the CELDT must be used as the primary criterion to determine the student’s level of English proficiency. Therefore, the IEP team must determine: • The appropriateness and use of multiple criteria, including CELDT, with or without accommodations • The use of alternate assessments in one or more required domains (listening, speaking, reading and writing) as appropriate

17. 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

18. IEP Development for English Learners • Current levels of performance • Assessment results • Strengths • Areas of need • Assessment and classroom accommodations, program supports and modifications (including CELDT / all domains) • Linguistically appropriate goals and objectives

19. IEP Content • Academic goal development including standards based goals • 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 services and instruction provided by both general education and special education personnel

20. 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

21. Linguistically Appropriate Goals • Address ELD/ELA standards at the appropriate grade span • State specifically which language the goal will be accomplished • For English Learners with moderate to severe disabilities, link goal to developmental levels and functional skills

22. Linguistically Appropriate Goals • When writing goals for students who are English learners receiving special education services, the IEP team must consider the student’s status in: • English language development • Meaningful participation in the core curriculum

23. English Language Proficiency Assessment • There is no single alternative assessment instrument for language proficiency which assesses all four domains for students of all type and severity of disability

24. Reclassification Requirements California Ed Code 313d requires: • Assessment of English-language proficiency(CELDT) • Comparison of performance of basic skills ( CMA may now be used) • Teacher evaluation of academic performance • Parent opinion and consultation

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

26. Your Questions?

27. Essential Questions • Are students who are ELs appropriately identified and placed? • Are dual-identified English learners learning English?

28. 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?

29. THANK YOU! Margaret Benavides, Consultant Procedural Safeguards Referral Service Special Education Division (916) 327-3700, mbenavid@cde.ca.gov PSRS: (800) 926-0648