1. Pre-Referral to Special Education: Considerations
Course Objective 5 & 7

2. Referral Is Not An Exact Science

3. EL’s and Special Education
“A student cannot have a disability in
one language or a particular context
and not another. These special education needs
would manifest themselves across
languages and contexts.”
-WIDA RTI2 (2013)

4. The Essential Question: Has the student received adequate language instruction and supports?
A child must not be determined to be a child with a disability if the determinant factor is
Lack of appropriate instruction in reading;
Lack of appropriate instruction in math; or
Limited English proficiency.
IDEA, 34 C.F.R. § (b).

5. A Closer Look: Dual Exclusionary Criteria
Lack of Instruction
Limited English Proficiency

6. Guiding Questions Prior to Referral for Special Education:
Is the reason for referral related to reading, writing, listening, or speaking, and what does the ACCESS tell you about the students progress in this area?
Does adequate language progress over time rule out a specific learning disability?
Does the student’s oral language proficiency warrant testing in English?
How do ACCESS composite and domain scores compare to other assessment results (i.e. cognitive, academic, speech/language)

7. Possible Reasons for Inappropriate Referral
Gaps in curriculum and instruction implementation
Limited beliefs about ability (fixed or biased mindset)
Inconsistent pre-referral processes

8. Minimal exposure to effective Tier I instruction with adequate supports
Too many interventions, inconsistent interventions, or interventions not aligned with individual student need(s)
Poorly structured intervention programs (alignment, fidelity, implementation issues)
Inconsistent knowledge of assessments (what are they for and what can the data tell us?)
Q. What are some possible causes of gaps in curriculum and instruction?
Adapted from Equity Alliance, Fergus, E., (2010)

9. Q. What impact does a fixed or biased mindset have on referral?
May lead to assumptions about who is or will be ready for school
May lead to pre-determining what skills students have or the instructional level they will be working at
Economic status and ethnicity viewed as a predetermining factor
Special education viewed as the “fix- it” strategy
Q. What impact does a fixed or biased mindset have on referral?
Adapted from Equity Alliance, Fergus, E., (2010)

10. Q. What causes an inconsistent referral process?
Process for referral is not consistent for all students
Pre-referral process/requirements vary or are not evidence-based
Limited information on intervention strategies
Inadequate documentation of interventions and fidelity of implementation
Q. What causes an inconsistent referral process?
Adapted from Equity Alliance, Fergus, E., (2010)

11. When a student is not making progress with adequate supports and intervention.
It is possible to determine if a student has a learning disability while the student is still developing English language skills.
Q. When is it appropriate to Refer an EL student for Special Education evaluation?
Adapted from Adelson, Geva, & Fraser (2014)

12. English language learners are, by definition, developing English proficiency and can be expected to have some difficulties in academics.
Careful team-based problem solving using multiple sources of data should be used to determine if a student should be referred for evaluation.
(Adelson, Geva, & Fraser, 2014)
Q. How do I know if an EL Student has a learning Disability and requires specially designed instruction?

13. Typically Developing EL Students
EL Students Who May Have Learning Difficulties
Demonstrates steady progress
Not making progress, or progress is inconsistent
May lag behind peers in vocabulary, reading, comprehension, oral language, social skills, etc.
Difficulties are persistent and pervasive despite consistent and targeted instruction
Should perform similar to peers on cognitive processing tasks such as memory, phonemic awareness, processing tasks
Does not make the same progress as other students with similar backgrounds (linguistic and academic) may suggest possible deficits in cognitive processing
Are able to develop word level skills such as decoding and spelling and reading fluency with effective instruction
Persistent problems (does not make progress) in decoding, reading fluency, and spelling
Will make steady progress when adequate academic supports are provided
Difficulties are evident in all languages spoken and across contexts
No history of academic difficulties in native country or native language, if applicable
History of academic difficulties prior to immigration, if applicable
Adapted from Adelson, Geva, & Fraser (2014)

14. Q. Is it Language Development or a Disability?
Behavior Observed in the Student
Language Development
Possible Disability
Instructional Strategies
Difficulty decoding, reading, and spelling words
Lack of exposure to English vocabulary, limited phonemic awareness, unfamiliar with English spelling, etc.
Evidence of memory or phonological processing deficits, persistent difficulties reading at the word level, etc.
Small-group instruction
Building background
Sensory, graphic, and interactive supports
Provide opportunities for peer interaction
Differentiated tasks
Universal Design for Learning
Explicit vocabulary instruction
Monitor progress
Difficulty comprehending text
Limited English vocabulary, underdeveloped language skills (sentence structure, grammar, morphology, pragmatics), lack of relevant background knowledge, etc.
Persistent language processing or memory problems; persistent difficulty sequencing, drawing inferences, or connecting concepts
Adapted from Adelson, Geva, & Fraser (2014)

15. Things to Consider Prior to Psychoeducational Evaluation:
Rate of Learning
Is the student learning at similar rates to students from similar backgrounds?
Academic Progress
Does progress monitoring data show the student making gains in academic content areas with intervention and supports aligned to his/her level of language proficiency?
First Language Skills
What, if any, academic instruction has the student received in his/her native Language?
Rate of English Language Acquisition
Is the student making adequate progress in language acquisition (data from ACCESS results)?
Fidelity of instructional supports and interventions
Have language supports, differentiated instruction, and intervention been implemented with fidelity throughout the intervention process?
Adapted from Adelson, Geva, & Fraser (2014)

16. Student’s intellectual abilities
Processing or memory skills
Social/emotional functioning
Academic ability
Psychoeducational assessment may be appropriate when a school team needs more information regarding:

17. Problem Solving Teams For EL referrals, consider including:
All referrals require:
EL teacher (teacher who is responsible for language instruction) or ESL specialist
ACCESS test administrator
Speech/Language Pathologist
Translator if needed
Parent/Guardian
Classroom teacher
Special Ed teacher
LEA representative
School Psychologist, SLP, etc.
The professional qualified to interpret assessment results
Student (if appropriate)

18. Guiding Questions for Problem-Solving Teams
Key Data Questions:
Problem Identification Questions:
Has the student demonstrated progress over time?
Review all progress monitoring data
Has the student met the ACCESS growth target?
Are there specific domains (i.e. reading, writing, listening, speaking) that can be identified as an area of focus?
Based on the data, what other information is needed?
What are the classroom instructional implications?
How can we build on the particular student’s strengths?
How can we support this student by targeting the areas of need?

19. WIDA’s 7 Factor Problem Solving Guide
Developing a Culturally and Linguistically Responsive Approach to Response to Instruction & Intervention (RtI²) for English Language Learners. © 2013 Board of Regents of the University of Wisconsin System, on behalf of the WIDA Consortium

20. Learning Task #7: Problem Solving
Print and do a close read of the WIDA 7 Factor Problem Solving Chart from Canvas
Underline the considerations suggested that stand out to you
What new ideas do you have that might make the biggest impact on student learning and increase language proficiency?