1. EVALUATING THE ELL STUDENT
SPECIAL EDUCATION OR
LANGUAGE

2. Did You Know???
ELL students are often either over or under represented in special education programs
WHY?????

3. The Problem with LD an ELL
May make inappropriate referrals because of variations in the language proficiency
Learning problems may go unnoticed because struggles are attributed to language acquisition challenges.

4. Someone has Concerns Can’t I just do a referral?
How about I just ignore it, maybe it will go away?
“Ok, I give up what should I do?”

5. First: Define Specific Concerns
Why this student?
Who has noticed the problem ?
What do others see?
Define it in skill based terms?

6. No referral without first trying interventions that target the issue.
WAIT
No referral without first trying interventions that target the issue.

7. DISCUSSION TIME

8. Understand the Levels of Language
Be aware of variations in language proficiency
Is this a learning problem or a language issue?
If he can carry on a conversation with you, does that mean he is proficient in English?

9. Conversational / Social Language
Surface fluency
Topic specific
Familiar
Simple
Vocabulary related to specific setting or people

10. Conceptual or Complex Language
Cognitive Academic Language
Expanded Vocabulary
Longer sentences
Comprehensible and fluent
Variety of complex topics

11. JIM CUMMINS’ ICEBERG METAPHOR
Conversational Language (1 to 3 years to acquire)
Academic Language (5 to 7, even up to 10 years to acquire) L1 L2
Common Underlying
Proficiency

12. How does it Happen? CONVERSATIONAL LANGUAGE
language proficiency in everyday communication, acquired naturally without formal schooling; peer-appropriate conversation.
ACADEMIC LANGUAGE
language proficiency in academic situation, emerges & becomes distinctive with formal schooling; classroom-appropriate language.

13. DISCUSSION TIME

14. What about the Student

15. Knowledge of the Student
School records (the easy part)
Language programs
Prior schooling
Attendance
Behaviors
Interventions
Home language
Comparison to other students or siblings
Work samples
Is this only an issue in language based subjects

16. Knowledge of the Student
Meet with Parents (a little harder)
Language parents speak at home
Language student uses at home
Do they listen to radio/TV in native language
Can he read in native language
Do they have concerns
Developmental history
Milestones
Following directions
Social interactions
Learning colors & numbers in native language

17. Caution You may need an interpreter If Possible: Professional
Has an educational vocabulary
Does not know the family
Parents may say what they think you want to here. Be careful how you ask questions.

18. OBSERVE What language does he use with his teachers and other adults?
What language does the student use during lunch and recess with peers.
Does he understand classroom routines and lessons?
Keep in mind that a student can figure out some routines, such as lining up for lunch, just by watching others.

19. Keep Observing How does he perform in the regular classroom?
In the ELL setting?
In the community or at home?
Listen to his language, what kind of errors does he make?

20. Talk to the Student REMEMBER TO DO THIS ONE!
School – how does he feel about it?
Are some teachers hard to understand?
How is this school different than others he attended?
What language does she dream in?
Contact information:

21. DISCUSSION TIME

22. Decision Time: Do You Evaluate?
Is the learning/behavior problem because of:
Socio-cultural differences (level of acculturation)
Economic disadvantage
Lack of instruction/inconsistent schooling
Inappropriate instruction
Ecological/environmental issues in the classroom
then the student should not be considered for special education.

23. Signed Consent
Consent means the parent has been fully informed in the parent’s native language of all information related to what the district is seeking consent. 
How are you going to do this?????

24. DISCUSSION TIME

25. TYPICAL TESTS or NONVERBAL NATIVE LANGUAGE
Evaluation
TYPICAL TESTS or NONVERBAL NATIVE LANGUAGE

26. First: Something to think about
What has happened in other schools??????

27. OCR v. Denver Public Schools
Sometimes LEP students were evaluated in English only because school staff persons decided that the student was “fluent enough in English”.

28. OCR v. Denver Public Schools
Diagnostic testing instruments that are published in English were often translated into other languages for students who speak another language

29. OCR v. Denver Public Schools
Staff persons disregarded advice of evaluators that unknown effects of linguistic differences affect the reliability and validity of the results and should be considered when interpreting test scores.

30. Testing Watch for test questions that are "culturally loaded”
Make sure the student understands the tests' directions, don’t make assumptions
Analyze the data from multiple standardized tests that examine various skills

31. Make use of your professional resources NASP ASHA Test Manuals DOE LRP
Types of Tests
School Psychologists, Speech Language Pathologists, and Academic Evaluators
Make use of your professional resources
NASP ASHA Test Manuals DOE LRP

32. DISCUSSION TIME

33. The Role of an Interpreter
Take into account how an interpreter may affect the evaluation process
May inadvertently cue the student or give clues to answers.
Meet with the interpreter before you start any assessments to clarify procedures
Remember, not everything can be interpreted with the same meaning

34. Confidentiality and the Law
The Family Education Rights and Privacy Act (FERPA)
Individuals with Disabilities Education Act (IDEA)
Any school that receives federal or state education funds must comply with all privacy acts.

35. Confidentiality and the Law
It is the obligation of all school staff, volunteers, and substitute teachers to maintain confidentiality requirements of FERPA, IDEA, HIPAA, Section 504, and other laws.
John Copenhaver, Director
Center for Technical Assistance for Excellence in Special Education

36. Maintaining Confidentially
It is best practice that each person signs a statement verifying they have received and understand information regarding FERPA requirements.
Sharing information about the student outside the professional education environment could violate the student’s civil rights and is against the law.
John Copenhaver, Director
Center for Technical Assistance for Excellence in Special Education

37. DISCUSSION TIME

38. The Meeting Who will explain to the parent? Go over the parent rights
Did they have access to the report ahead of time?
Again: Consent means the parent has been fully informed in the parent’s native language of all information related to what the district is seeking consent. 

39. Eligibility Use the state guidelines
Do you have good skill based information
Is the observation in the area of concern
Was the evaluation valid? Does it match all other information known about the child?

40. Questions

41. Contact information:
Penny McCormick, NCSP
Special Education Director
Mid-Central Educational Cooperative
Box 228
Platte SD 56369
Penny