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

2. 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

3. Annual State ELP Assessment
According to California Code of Regulations, Title 5 (5 CCR) sections and through (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 through , and the “Matrix of Test Variations, Accommodations, and Modifications for Administration of California Statewide Assessments” [August 2014] at 3

4. 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 § (a) (6) (i) 4

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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 11

12. 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

13. 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

14. 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.

15. 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 CFR §

16. 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

17. IEP Membership for English Learners
The Individuals with Disabilities Education Act (IDEA) regulation in 34 Code of Federal Regulations (CFR) Section (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

18. 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

19. The CDE Reclassification Guidelines & Reclassification of ELs in SPED

20. 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 (i.e., the CELDT)
Teacher evaluation, including, but not limited to, a review of the pupils curriculum mastery
Parental opinion and consultation 20

21. 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

22. 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