sbcselpa.org SPECIAL EDUCATION ACADEMY FOR ADMINISTRATORS 2016-17 Module 3 Jarice Butterfield, Ph. D. SELPA Director

Presentation Agenda Best Practices for Serving English Learners (ELs) with Disabilities Alternate Assessment to CELDT Pre Referral Checklist Assessment for Els for Special Education EL IEP Checklist Reclassification of Els with Disabilities

Annual State ELP Assessment According to California Code of Regulations, Title 5 (5 CCR) sections 11511 and 11516 through 11516.7 (Division 1, Chapter 11, Subchapter 7.5) as well as EC Section 313, the initial and annual administration of the CELDT are the responsibilities of the LEA. Most students with disabilities are able to participate effectively on the CELDT. For those students whose disabilities preclude them from participating in one or more domains of the CELDT, their IEP teams may recommend accommodations, or an alternate assessment. (See EC Section 56385, 5 CCR 11516.5 through 11516.7, and the “Matrix of Test Variations, Accommodations, and Modifications for Administration of California Statewide Assessments” [August 2014] at http://www.cde.ca.gov/ta/tg/ai/caasppmatrix2.asp.) 3

Alternate ELP Assessment The IEP team must consider the following prior to determining if student requires an alternate ELP assessment: Why the child cannot participate in the CELDT Why the particular alternate assessment selected is appropriate for child IEP Team must make this determination on a case by case basis IEP Team must consider the student’s language needs to determine appropriate accommodations IEP must contain a statement of the individual appropriate accommodations that are necessary Accommodations should not invalidate scores Accommodation should be the same as those used in the classroom as per the IEP Must assess in listening, speaking, reading, and writing (CELDT or alternate) 34 CFR §300.320 (a) (6) (i) 4

Categories of EL Students Who Experience Academic Difficulties Those with deficiencies in their teaching or learning environment; lack of effective ELD instruction and support Those experiencing academic difficulties not related to a learning disability; interrupted schooling, limited formal education, medical problems, low attendance, high transiency, etc. True ELs with disabilities and in need of Special Education 5

Prereferral Checklist for ELs Has the student received appropriate core curriculum instruction that is appropriate for EL students? Has the student received intensive evidence-based interventions in the area of academic weakness implemented with fidelity over time and demonstrated little or no progress? Extrinsic factors have been considered (Physical, personal, cultural, learning environment) Has the team consulted with the parent regarding learning patterns and language use in the home? Prereferral Checklist for ELs 6

Prereferral Checklist for ELs Cont’d. Does the team have data to support that the difficulties (academic, social-emotional, or in speech & language) are most likely due to a disability versus a language difference? (i.e. student demonstrates a pattern of academic difficulties when compared to “like peers”) Are the error patterns seen in L1 similar to the patterns seen in L2 See Pre Referral Checklist by J. Butterfield Prereferral Checklist for ELs Cont’d. 7

Turn to a partner and discuss if and how English learners that are struggling academically receive pre referral intervention at your schools or schools you serve 8

Assessment & Eligibility of ELs for SPED Legal Requirements Testing and assessment materials and procedures used for the purposes of assessment and placement of individuals with exceptional needs are selected and administered so as not to be racially, culturally, or sexually discriminatory. Materials and procedures shall be provided in the pupil's native language or mode of communication, unless it is clearly not feasible to do so. 30 EC 56320, E. C. 56001

Assessment & Eligibility Legal Requirements for English Learners Cont’d. Assessments shall be administered by qualified personnel who are competent in both the oral or sign language skills and written skills of the individual’s primary language or mode of communication and have a knowledge and understanding of the cultural and ethnic background of the pupil. If it clearly is not feasible to do so, an interpreter must be used, and the assessment report shall document this condition and not that the validity may have been affected. CCR, Title 5: 3023

Identification & Assessment Legal Requirements for English Learners Cont’d. A variety of assessment tools and strategies will be used to gather relevant functional and developmental information, including information provided by the parent. E. C. 56320 11

Identification & Assessment Requirements for ELs It is best practice to use the following four sources of information in order to address all socio-cultural factors related to ELs: Comprehensive, norm-referenced assessments in English and native language (if native language assessments are available), to include non-verbal assessments – cross-battery recommended in all areas of suspected disability 2) Information from multiple contexts (i.e. Criterion referenced tests; classroom- based assessments/ work samples) 3) Systematic observation in educational environments 4) Structured interviews (i. e. student, parent, teachers) 12

Native Language Assessment for English Learners Best Practices to Guide Assessment Decisions: An assessor fluent in both languages should assess for language dominance to guide the assessment team regarding types of assessment to be performed by using like instruments in primary language and English when available. All assessors should assess in the dominant language when “when feasible”. If primary language assessments are not available, use non- language measures to inform decisions. 13

Bilingual Assessment Best Practices If possible gather information about the student’s present level of educational performance in his/her native language. Observation of the student’s native language use in different contexts (e.g., playground, home) can reveal much about his/her language development and usage.

EL IEP Checklist The results of CELDT (ELP assessment) or alternate assessment in order to document ELD levels If the student requires accommodations or modifications on CELDT If the student requires an alternate assessment How English language development (ELD) needs will be met and who will provide those services “programs, services, and instruction” If the student needs primary language support and what language should be the language of instruction Linguistically appropriate goals to meet English language development needs EC Section 60810; CCR Chapter 3 subchapter 1(t)(2); EC 311 34 CFR §300.324

IEP Notices for English Learners IEP Notices should: Note if an interpreter will be at the IEP (if appropriate) Be provided in primary language of parent Indicate the parent has a right to have copy of IEP in primary language (if feasible) 16

IEP Membership for English Learners The Individuals with Disabilities Education Act (IDEA) regulation in 34 Code of Federal Regulations (CFR) Section 300.321(a) specifies the participants to be included on each child’s IEP team. It is important that IEP teams for English learners with disabilities include persons with expertise in second language acquisition and other professionals, such as speech-language pathologists, who understand how to differentiate between limited English proficiency and a disability (ED July 2014, FAQ #5). CDE CELDT Information Guide 17

ELD Programs / Classroom Settings SEI Classroom •Structured English Immersion (most intensive ELD instruction) •For students with “less than Reasonable Fluency” or scoring at beginning or early intermediate on CELDT Program Components •Intensive English Language Development (ELD) aligned to ELD goals and students’ CELDT levels •May be pull out or a group within the general education class •For students with an IEP the IEP team determines the appropriate instructional setting for the student to receive ELD as well as the staff responsible (EL or SPED). Program Delivery •The student is placed in a structured English immersion classroom setting all day unless waived by the parent in writing •Intensive ELD support is provided throughout the day (1 class period at 2ndry level or determined by LEA in Elementary •SDAIE and Universal Design for Learning (UDL) are incorporated •Primary language (L1) support is provided ELM Classroom •English Language Mainstream (less intensive) •For students that has acquired a “Reasonable level of Fluency” (Scoring Intermediate or above on CELDT or other criteria established by LEE) •Less intensive English Language Development (ELD) aligned to ELD goals and students’ CELDT levels •Classroom instruction is primarily in English •Alternative Programs (Bilingual Programs) •The IEP team also determines the extent to which primary language support/instruction is needed. •Classroom instruction is in primary language (L1) •Academic instruction in English (SDAIE) via class

The CDE Reclassification Guidelines & Reclassification of ELs in SPED

Reclassification Guidelines Cont’d. The following four reclassification criteria are required by the CDE to reclassify all EL students: Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the ELD test pursuant to EC Section 60810 (i.e., the CELDT) Teacher evaluation, including, but not limited to, a review of the pupils curriculum mastery Parental opinion and consultation 20

Reclassification Guidelines Cont’d. Comparison of the performance of the student in basic skills against an empirically established range of performance in basic skills based upon the performance of English proficient students of the same age, that demonstrates whether the student is sufficiently proficient in English to participate effectively in a curriculum designed for students of the same age whose native language is English. See the CELDT Information Guide Participation Criteria Checklist for Alternate Assessments 21

CDE Guidance on Reclassification of ELs with Disabilities “Students with disabilities are to be provided the same opportunities to be reclassified as students without disabilities. Therefore, local IEP teams may determine appropriate measures of English language proficiency and performance in basic skills, in accordance with local and SBE approved reclassification guidelines.” CDE CELDT Information Guide 22