2. CABE San Diego, California March 6, 2015 Sandy Christensen, LACOE

3. 2 Presentation Goal To provide the audience with an overview of the IDEA and English learner (EL) requirements and how these may impact ELs with disabilities in the areas of: * Initial EL Identification * Interventions and Referral Assessment * Individualized Education Programs * Services and Interventions * Reclassification to Fluent English Proficient

4. 3 Essential Questions  Are students who are ELs appropriately identified and placed?  Are dual-identified English learners learning English? + Jeweler in the Dishwasher Home Jewelry Cleaning System $19.95

5. 4 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?

6. 5 2012-13 CA Demographics  1.3 million K-12 English learners  21.6% of K-12 student population are English learners  72% enrolled in K-6; 28% in 7-12 and ungraded  43.1% of all speak a language other than English at home

7. 6 Overlapping Goal State Law Effective Programs for English Learners with Disabilities 4 Federal Law

8. 7 Critical Reminders English learners in special education :  State and federal requirements from both programs apply  Students should be able to demonstrate benefit from educational and supplemental services offered by both programs

9. 8 Initial English Learner Identification and Assessment Upon initial enrollment in a California school w/language other than English on HLS:  Administer the California English Language Development Test (CELDT) within 30 days  Applies to ALL students

10. 9 Initial English Learner Identification and Assessment  If child is identified as English learner, administer primary language assessment within 90 calendar days  Implications for special education

11. 10 Assessing English Learners for Special Education Eligibility Traditional Assessment Process Response to Intervention (RtI) as a component of the Assessment Process

12. 11 Special Education Assessment of English Learners: The Law Assessments  Multiple measures  Must not be discriminatory--racially or culturally  Must be valid and reliable  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

13. 12 Response to Intervention  Response to Intervention (RtI) is a Multi-step process for students who struggle with learning Characterized by high-quality, research-based instruction and interventions of varying intensity levels  The interventions are Matched to student need Progress is monitored at each level of intervention Data drives further instruction and/or interventions Targeted to student’s English proficiency level (NASDSE, 2005)

14. 13 Why Change the Current Process?  Instructional factors can lead to inappropriate referrals to special education  Our current IQ/Achievement discrepancy assessment model may lack reliability and validity  Consider impact of second language in special education eligibility decisions

15. 14 RtI Processes 1.Prevention School wide screening Professional development Standards aligned effective instruction Progress monitoring 2.Intervention Tiered intervention Frequent progress monitoring Targeted instruction with greater intensity 3.SLD determination RtI data is utilized as a component of a multi- disciplinary team assessment

16. 15 Tier I Tier II Tier III BENCHMARK INTENSIVE CORE with Differentiated instruction CORE + SUPPLEMENTAL State Board of Education- Adopted Intervention Programs used with fidelity INTENSIVE Time Program Group Size STRATEGIC Model of Instructional Intervention to allow access and progress in the core curriculum

17. 16 Assessing the Effectiveness Instruction: Benchmark Assessments  Should be administered at least three times a year  For students “at risk” should be administered weekly; bi-weekly, or monthly  Curriculum embedded assessments usually administered every 6-8 weeks

18. 17 Assessing Student Growth Following Intervention: Progress Monitoring Assessments  Should be conducted frequently to monitor the progress that ALL students are making  Should be administered briefly  Can be administered to individuals, small groups, or whole classroom  Used to demonstrate individual student and class rates of improvement

19. 18 How does RtI change the decision making process?  RtI practices can be used to make a range of educational decisions including whether a child qualifies for special education services in the category of Specific Learning Disabilities (SLD)  RtI is one component of the SLD determination, providing data for decision making 34CFR§300.309(2)(ii)(3)(b)(1)(2)(c)

20. 19 Beyond Tier Three: Pre-Referral Process  A team determines if interventions provided have given the student every opportunity to learn  Lack of progress in academics and English language acquisition not due to inadequate instruction Look for patterns of strengths and weaknesses Determine if a multi-disciplinary assessment is warranted

21. 20 Assessment  Team develops assessment plan  Assessments valid and reliable  Multiple measures  Qualified staff  Parent consent  Eligible or not eligible for special education?

22. 21 IEP Process Chart RtI Intervention Tier 3 Data based decision-making SST Process Referral for Assessment Plan Developed Parent/Guardian Informed Consent Assessment Carried Out Team Meeting: Development of The IEP & Placement Recommendation Parent/Guardian Approval of IEP & Placement Student Placement Program Implementation Annual Program Review & Revision (re-evaluate at least every three years)

23. 22 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

24. 23 The IEP If evaluations show that the student needs special education and related services due to a disability, the school must develop an Individualized Education Program (IEP) for the student within 30 days. The IEP is the blueprint for the student’s education. 1414(d); 300.320, 300.323 Parents should ensure the IEP is fully and consistently implemented.

25. 24 Elements of IEP for English Learners  Current levels of performance Assessment results Strengths Areas of need  Assessment and classroom accommodations, program supports and modifications

26. 25 Elements of IEP for English Learners  Linguistically appropriate goals and objectives  Academic goal development incl. standards based goals  Determination of 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 instruction provided by both general education and special education personnel

27. 26 Legal Requirements Related to the Education of English Learners, including Students with Disabilities Instruction EL receives a program of instruction in ELD Access to Core Curriculum Designed & implemented to ensure EL students meet district’s content & performance standards Funding must be used to provide every EL with learning opportunities Parent Notification* Informed of placement Notified of parental exception waiver Teacher Authorization & Professional Development Staff must be recruited, trained, assigned, and assisted to ensure the program’s effectiveness *Parents of EL with an IEP must be notified on how the recommended placement will help their child meet the objectives of the IEP

28. 27 English Language Development (ELD) Each English learner must receive a program of instruction in ELD in order to develop proficiency in English as rapidly and effectively as possible (20 USC 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)  Targeted to the student’s English proficiency level  Ongoing monitoring of progress  LEA adopts the ELD materials to be used

29. 28 Access to 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.  The LEA has a plan for monitoring and overcoming academic deficits while acquiring English.

30. 29 Instructional Services for Dual- Identified Students Considering language proficiencies, the IEP team determines:  How and from which instructor(s) the student will receive ELD and core academic subjects  How the student will receive SDAIE methodology to access content  How or if the student will receive bilingual support or instruction to access core curriculum

31. 30 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

32. 31 Requirements Regarding Student Participation in State Testing  All students who are English learners and or student with disabilities must participate in statewide assessments as required by NCLB and IDEA 2004[34CFR§300.320(6)(i)(ii)(A)(B)]  All English learners must be assessed for English language proficiency  All public school students must pass the CAHSEE, as well as meet other state and local requirements, to receive a high school diploma (some students with disabilities do not have to pass this test)

33. 32 English Language Proficiency Assessment  All English learners are assessed with CELDT annually within window July 1- October 31  IEP Team determines and specifies accommodations, modifications, alternate assessment for one or more sections of the CELDT

34. 33 CELDT Results  Individual student proficiency report will indicate a Beginning score for the test or section of the test administered with modifications or with an alternate assessment tool  IEP teams are responsible for reviewing CELDT results to determine each student’s actual level of English proficiency

35. 34 State Standardized Assessments  The Matrix of Test Variations, Accommodations, and Modifications (http://www.cde.ca.gov/ta/tg/sr/matrix) assists IEP Teams in determining variations, accommodations, or modifications  CAPA uses a list of core adaptations  For the CMA, only accommodations are allowed, as it is already modified

36. 35 Reclassification Requirements To reclassify students from EL to Fluent English Proficient, California Ed Code 313d requires:  Assessment of English-language proficiency (CELDT)  Comparison of performance of basic skills ADD 313d  Teacher evaluation of academic performance  Parent opinion and consultation The LEA monitors for a minimum of two years the progress of reclassified pupils

37. 36 Reclassification  Blanket alternative reclassification criteria are not allowable  Required criteria may be adjusted based on individual disability (e.g. hearing impaired student on listening, speaking sections of CELDT).

38. 37 Effective Literacy and English Language Instruction for English Learners in the Elementary Grades A Practice Guide  National Center for Education Evaluation and Regional Assistance (NCEERA) Practice Guide -  Gersten, R., S.K., Shanahan, T., Linan-Thompson, S., Colins, P., & Scarcella, R. (2007)  (NCEE 2007-4011). Washington, DC: National Center for Educational Evaluation and Regional Assistance, Institute of Education Sciences, U.S. Department of Education. Retrieved from: http//ies.ed.gov/ncee Developing Literacy in Second-Language Learners: Report of the National Literacy Panel on Language-Minority Children and Youth, August, D., Shanahan, T (2006) http://www.cal.org/projects/archive/nlpreports/Executive_Sum mary.pdf http://www.cal.org/projects/archive/nlpreports/Executive_Sum mary.pdf Research References

39. 38 More Resources Books on Assessing English Learners with Special Needs  Artiles, A.J. &Ortiz, A.A. (2002). English Language Learners with Special Education Needs. McHenry, IL and Washington, DC: Delta Systems and Center for Applied Linguistics.  Echevarria, J. & Graves, A. (2007). Sheltered Content Instruction. Boston, MA: Pearson Education Inc.  Hamayan, E., Marler, B., Sanchez-Lopez, C., & Damico, J. (2007). Special Education Considerations for English Language Learners. Philadelphia, PA: Caslon, Inc.  Klinger, J.K., Hoover, J.J., & Baca, L.M. (2008). Why do English Language Learners Struggle with Reading? Thousand Oaks, CA: Corwin Press.

40. 39 Web addresses: http://www.cde.ca.gov/ta/tg/sa/ http://www.cde.ca.gov/sp/el/ http://www.cde.ca.gov/ta/cr/cc/ http://www.cde.ca.gov/sp/se/cc/ EL Program Resources

41. 40 For Further Information: California Department of Education English Learner Accountability Unit Phone: (916) 319-0938 Fax: (916) 319-0960 Address: 1430 N St. Suite 4401, Sacramento CA 95814

42. 41 Contact Sandy Christensen, Speech Language Pathologist Los Angeles County Office of Education Christensen_Sandy@lacoe.edu (909) 622-3322