BEST PRACTICES FOR PRE-REFERRAL &
IDENTIFICATION OF ENGLISH LEARNERS
WITH DISABILITES FOR SPECIAL
EDUCATION AND DUAL IDENTIFIED
STUDENTS
Jarice Butterfield, Ph. D.
Santa Barbara County SELPA Director
Email: jariceb@sbceo.org
Website: SBCSELPA.org
PRESENTATION AGENDA
 Research on ELs with Disabilities
 New EL Standards & Smarter Balance for ELs
 Intervention / Pre Referral for ELs
 Assessment of English Learners for Special
Education
 IEP Development for English Learners
 Programs & Services for English Learners in Special
Education
2
WHAT THE RESEARCH SAYS……
 Research demonstrates that English
language learners with the least amount of
language support are most likely to be
referred to special education
 ELLs receiving all of their instruction in
English were almost 3X as likely to be in
special education as those receiving some
native language support
Artiles & Ortiz 2002
3
As per Goldenberg’s (2008) research for
effective practices in ELL instruction:
 The majority of ELLs students (60%)
receive all-English instruction.
 About 12% receive no ESL/ELD services.
 More primary language (L1) instruction
over time leads to higher academic
achievement in English. In other words,
teaching students to read in L1 promotes
higher reading achievement in English.
©Jarice Butterfield, Ph. D. 2014
WHAT THE RESEARCH SAYS CONT’D.
4
 All-English immersion does NOT lead to
rapid English fluency, in contradiction to
some state policies (e.g., California,
Arizona).
 ELL students need explicit language
instruction and opportunities to speak for
genuine communication in a separate
ESL/ELD block.
 Process approaches to learning showed
mixed results; explicit instruction in skills
and sub-skills is what is needed for ELLs to
make gains.
©Jarice Butterfield, Ph. D. 2014
WHAT THE RESEARCH SAYS CONT’D.
5
©Jarice Butterfield, Ph. D. 2014
Pre Referral
Strategies and
Research
6
Categories of EL Students Who
Experience Academic Difficulties
1) Those experiencing academic difficulties
not related to a learning disability;
interrupted schooling, limited formal
education, medical problems, low
attendance, high transiency, etc.
1) True ELs with disabilities and in need of
Special Education
©Jarice Butterfield, Ph. D. 2014
1) Those with deficiencies in their teaching or
learning environment; lack of effective ELD
instruction and support
7
Pre Referral Steps for ELs
Step 1: School Environment
Determine if there is appropriate curriculum &
instruction for ELs being implemented
Determine if pre referral interventions have been
implemented and documented over time
Step 3: Referral to Special Education
Assess in native language & English and other best
practices for bilingual assessment to rule out language
difference versus disability
©Jarice Butterfield, Ph. D. 2014
Step 2: Pre referral intervention or RtI
8
What the research says….
School Environment
Provide ELD instruction with fidelity
1) A separate, daily block of time should be devoted to
ELD instruction (SEI or ELM in California)
1) ELD should emphasize listening & speaking, and
emerging research says reading & writing
©Jarice Butterfield, Ph. D. 2014
1) Continue ELD instruction until student reaches a
level 4 and possibly through level 5
9
Saunders & Marcelleti, 2013
What the research says….
School Environment Cont’d.
4) ELD should integrate meaning and communication
via explicit, direct teaching of language (academic
& conversational)
6) ELD instruction should include interactive activities
among students that are carefully planned and
carried out
©Jarice Butterfield, Ph. D. 2014
4) ELD instruction should explicitly teach linguistic
elements of English (vocabulary, syntax, grammar,
functions, and conventions)
10
Saunders & Marcelleti, 2013
What the research says….
School Environment Cont’d.
7) Use of English during ELD instruction should be
maximized with native language strategically
incorporated
7) ELD instruction should include communication and
language-learning strategies
7) ELD instruction should be planned and delivered
with specific language objectives in mind
©Jarice Butterfield, Ph. D. 2014
7) Provide students corrective feedback on form
11
Saunders & Marcelleti, 2013
 Screen for reading or other academic
problems and monitor progress early &
provide intensive, small group reading
instruction
 Provide extensive & varied vocabulary
instruction
 Develop academic and conversational English
by providing daily ELD services with fidelity
 Schedule regular, peer-assisted learning
opportunities
Gersten, 2007
©Jarice Butterfield, Ph. D. 2014
Best Practices for Preventing Over
Identification of ELs for SPED
12
Multiple-Tiered Systems of Support
(MTSS)
“MTSS ensures equitable access and opportunity
for all students to achieve the Common Core
State Standards (CCSS). MTSS includes Response
to Instruction and Intervention (RtI2) as well as
additional, distinct philosophies and concepts”
….These include the interventions within the RtI2
processes, supports for Special Education, Title I,
Title III, support services for English Learners”..
©Jarice Butterfield, Ph. D. 2014
California Department of Education Definition of
MTSS:
13
MTSS/RtI2 for Els
MTSS focuses on:
aligning the entire system of initiatives,
supports, and resources
RtI2 focuses on
 Emphasizes prevention and early intervention
for all students, including English learners
 Premised on data-based decision-making for
all learners within the system
©Jarice Butterfield, Ph. D. 2014

14
Pre Referral RTI/MTSS Strategies for
Three recommended components of
English Learners
2
1)Universal screening of academics
2) High quality, evidence-based instruction that is
multi-tiered based on individual need
3) Progress Monitoring of English development and
academic performance over time; data driven
REMINDER: Mandated ELD Services are not intervention
And should not occur in lieu of RtI2
©Jarice Butterfield, Ph. D. 2014
RtI for struggling learners:
15
Sample Multi-tiered RtI2
Intervention Model for Els
Referral
To
Special
Education
Tier II
Tier I
Evidence-based
intervention
•Lower student/teacher
ratio
•Frequent progress
monitoring
•Longer duration
•Research based intervention
•Small groups
•Progress monitoring/ data tracking
Monitor & track academic & language acquisition growth
Conduct universal screening to determine student risk levels
Provide core research based reading program & EL services
©Jarice Butterfield, Ph. D. 2014
Tier III
•Frequent, intensive,
16
How is “Intensive”
Defined in
RTI/MTSS Cont’d.
Research:
 Intensive Defined by:
o Frequency of intervention
o Duration
o Adult to pupil ratio and,
©Jarice Butterfield, Ph. D. 2014
 Number one factor found to impact successful
RtI outcomes was EXPERIENCE OF
TEACHER
17
“Rule Out” Legal Requirement for
Identifying ELs for Special Education
The normal process of 2nd language acquisition, as
well as manifestations of dialect and sociolinguistic
variance shall not be diagnosed as a handicapping
condition. CCR, Title 5 3023(b)
A child may not be determined to be eligible for
SPED…if the determinant factor for eligibility
determination is…1) lack of instruction in reading or
math, or 2) limited English proficiency…. CFR 300.534
©Jarice Butterfield, Ph. D. 2014
”A pupil shall be referred for special education
services only after the resources of the regular
education program have been considered, and when
appropriate, utilized.”
E. C. 56303
18
Prereferral Checklist for ELs
 Has the student received intensive evidencebased 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?
©Jarice Butterfield, Ph. D. 2014
 Has the student received appropriate core
curriculum instruction that is appropriate for EL
students?
19
 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 (see
chart i.e. comparative data to like peers, etc.)?
 Are the error patterns seen in L1 similar to the
patterns seen in L2
©Jarice Butterfield, Ph. D. 2014
Prereferral Checklist for ELs
Cont’d.
20
See Pre Referral Checklist by J. Butterfield
©Jarice Butterfield, Ph. D. 2014
If answers to questions on previous
page are “YES,” a referral to special
education may be appropriate
21
Identification & Assessment
Requirements for ELs
1) 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)
©Jarice Butterfield, Ph. D. 2014
It is best practice to use the following four
sources of information in order to address all
socio-cultural factors related to ELs:
3) Systematic observation in educational environments
22
4) Structured interviews (i. e. student, parent, teachers)
Why
Assess
in
English
&
the
Assessment of ELs
Student’s Native Language?
It provides comparative data to the IEP team about how
the student performs in the primary language versus
English.
The assessor can determine if similar error patterns are
seen in both the primary language and English (listening,
speaking, reading or writing) in order to discern if the
students is having academic difficulty due to a language
difference or a disability.
Many students acquire BICS level English speaking skills
and are stronger in English academics but think at a
CALPs level in their“native language”.
Confirmation of findings in English assessment can be
validated through native language assessment.
23
Assessment ELs Cont’d.
Examples of When it May Not “be feasible” to
assess in the students primary language:
When Primary language assessments are unavailable.
Note: If primary language assessments are not available, it is
best practice for assessors to use non language measures
such as observations and structured interviews with teachers
and family, as well as non verbal tests of ability to inform
identification decisions.
©Jarice Butterfield, Ph. D. 2014
The student has moderate to severe disabilities and lacks
the communication or other skills to be able to be assessed
accurately in L1.
24
Assessment
ELs
Best
Assessment of
ELs
BestPractice
PracticesHeirarchy
1st Best Option – Engage in the following:
1) Administer cross cultural, nondiscriminatory full or partial bilingual
assessment in English and native language
using bilingual assessors using evidencebased practices
2) Use of structured interviews with parents
and staff
3) Engage in observation of student in varied
environments
4) Collect data from curriculum based
assessment measures
5) Engage in structured interviews (staff and
family)
25
Assessment
ELs
Best
Assessment of
ELs
BestPractice
PracticesHeirarchy
2nd Best Option – Engage in the following:
1) If there is no assessor available in the native
language; engage in steps # 2-5 on slide 50
and,
2) Using an interpreter, administer the
assessment in English and the native
language under the supervision of school
licensed assessors – document limitations
in assessment report
26
Assessment ELs Best Practice Heirarchy
3rd Option – Engage in the following:
1) If there is no assessor available in the native
language; engage in steps # 2-5 on slide #50
and,
2) If there are no assessment tools available in
the native language, assess in English and
use an interpreter who speaks the native
language to provide an oral translation of
assessments normed and written in English –
in the native language document limitations
in assessment report
Note: the data is to be used for informational
purposes only – no standard scores should be
included)
27

http://www.crossbattery.com/

Culturally and Linguistically Diverse Exceptional
Students:
Strategies for Teaching and Assessment; by Grass &
Barker. Sage Publications.
http://www.sagepub.com/home.nav

Ortiz, Samuel, Comprehensive Assessment of
Culturally and Linguistically Diverse
Studentshttp://www.nasponline.org/resources/
culturalcompetence/ortiz.pdf

Assessing Culturally & Linguistically Diverse Students:
A Practical Guide. Practical Intervention in the Schools
Series; by Rhodes, Ochoa, Hector, & Ortiz. Guilford
Publications.
©Jarice Butterfield, Ph. D. 2014
BILINGUAL ASSESSMENT
RESOURCES
28
©Jarice Butterfield, Ph. D. 2014
IEP Development
for English Learners
29
Critical Steps to IEP Planning for Els
How will we coordinate to meet the complex needs of this
student?
o What are the language needs of this child?
o What is the student’s disability and how do the two
interact?
o Who will be involved in meeting the language and the
special education related needs of this child?
o How will collaboration between general ed and SPED take
place and where will
o ELD be provided?
o Who will monitor progress for ELD?
©Jarice Butterfield, Ph. D. 2014
Questions to be asked prior to IEP planning
programs and services for ELs:
30
IEP Development for ELs
“For individuals whose native language is other
than English, linguistically appropriate goals,
objectives, programs, and services” shall be
included in the IEP contents”
Note: This does not require placement in a specific classroom
©Jarice Butterfield, Ph. D. 2014
Per California Ed Code 56345 it states:
31
 The results of CELDT (ELP assessment) or alternate
assessment in order to document ELP and develop
linguistically appropriate goals
 If the student requires accommodations or
modifications on CELDT (state ELP test), or
 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(c)
34 CFR §300.324
See Jarice Butterfield’s IEP Checklist
©Jarice Butterfield, Ph. D. 2014
EL IEP Content Checklist
32
The results of CELDT (ELP assessment) or
alternate assessment in order to document
ELP and develop linguistically appropriate
goals
oAs per Titles I and III of the ESEA states
must ensure that all ELs, including those
with disabilities participate in the annual
State ELP assessment (CELDT or alternate)
oIEP team must use the ELP assessment to
consider the language needs of the child
as those needs related to the IEP
©Jarice Butterfield, Ph. D. 2014
Results of CELDT/ELP Assessment
33
34CFR §300.324
Statewide Assessment of ELs with
Disabilities on CELDT
See The CDE’s 2013-14 CELDT Information Guide
©Jarice Butterfield, Ph. D. 2014
Most students with disabilities are able to
participate effectively in 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, modifications, or an alternate
assessment. (See EC Section 56345.) Since
modifications and alternate assessments
fundamentally alter what the CELDT measures,
students receive the lowest obtainable scale
score (LOSS) on each domain affected and
overall.
34
Statewide Assessment of ELs with
Disabilities on CELDT
See The CDE’s 2013-14 CELDT Information Guide
©Jarice Butterfield, Ph. D. 2014
Most students with disabilities are able to
participate effectively in 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, modifications, or an alternate
assessment. (See EC Section 56345.) Since
modifications and alternate assessments
fundamentally alter what the CELDT measures,
students receive the lowest obtainable scale
score (LOSS) on each domain affected and
overall.
35
Alternate ELP Assessment
1) Why the child cannot participate in the CELDT
2) Why the particular alternate assessment
selected is appropriate for child
o IEP Team must make this determination on a case
by case basis
o IEP Team must consider the student’s language
needs to determine appropriate accommodations
o IEP must contain a statement of the individual
appropriate accommodations that are necessary
o Accommodations should not invalidate scores
o Accommodation should be the same as those used
in the classroom as per the IEP
o Must assess in listening, speaking, reading, and
writing (CELDT or alternate)
34 CFR §300.320 (a) (6) (i)
©Jarice Butterfield, Ph. D. 2014
The IEP team must consider the following
prior to determining if student requires an
alternate ELP assessment:
36
It is recommended that IEP teams use the CDE
Alternate Assessment Checklist to determine if it is
Appropriate to designated that a student take an
alternate to CELDT in one or all of the four
domains of listening, speaking, reading, or
writing
©Jarice Butterfield, Ph. D. 2014
Alternate Assessment
Cont’d.
37
See the 2013-2014 CELDT Information Guide page 17 for
Participation Criteria Checklist for Alternate Assessments
Resource List for Possible Alternate
Assessments to CELDT Cont’d.
Contact
Information
Test Name
Skills
Assessed
*Basic Inventory of
Natural Language (BINL)
Listening
Speaking in 30
different languages
CHECpoint
Systems, Inc.
(800)635-1235
*Norm referenced &
Criterion referenced
Brigance IED II (B-7yrs)
Brigance CIBS II (Pre K
–9)
Listening &
Speaking
Reading & Writing
literacy
Curriculum &
Associates
http://www.curricul
umassociates.com
*VCCALPS (adapted
ALPI with Reading &
Writing)
Listening, Speaking,
Reading & Writing
Ventura County
SELPA
www.venturacount
yselpa.com
©Jarice Butterfield, Ph. D. 2014
Organization
or Publisher
38
*Note recent guidance indicates alternatives to state ELD assessment must
be aligned to State ELP standards
Resource List for Potential Alternate
Assessments to CELDT
Skills
Assessed
Contact
Information
*Alternative Language
Proficiency Instrument
(ALPI)
Listening
Speaking
Orange County
Dept.of Education
714-966-4120
*Student Oral Language
Observation Matrix
(SOLOM)
Listening
Speaking
San Jose Unified
School District
http://www.cal.org/
twi/EvalToolkit/appe
ndix/solom.pdf
*Basics 2
(Checklist for functional
reading and writing)
Listening, Speaking
Reading, Writing
Lakeshore
http://www.lakesho
relearning.com/hom
e/home.jsp
*Sandi
Listening, Speaking,
Reading, Writing
Lakeshore
(Developed by
Riverside COE)
www.Lakeshorelearni
ng.com
©Jarice Butterfield, Ph. D. 2014
Test Name
Organization
or Publisher
39
Resource List
List for
for Possible
Possible Alternate
Alternate
Resource
Assessments to
to CELDT
CELDT Cont’d.
Cont’d.
Assessments
Organization
or Publisher
Contact
Information
Test Name
Skills
Assessed
Basic Inventory of
Natural Language (BINL)
Listening
Speaking in 30
different languages
CHECpoint
Systems, Inc.
(800)635-1235
Norm referenced &
Criterion referenced
Brigance IED II (B-7yrs)
Brigance CIBS II (Pre K
–9)
Listening &
Speaking
Reading & Writing
literacy
Curriculum &
Associates
http://www.curriculu
massociates.com
VCCALPS (adapted ALPI
with Reading & Writing)
Listening,
Speaking, Reading
& Writing
Ventura County
SELPA
www.venturacountys
elpa.com
40
Documenting Programs, Services &
Instruction on IEP
o Programs: Indicate on IEP what type of EL classroom
setting the student will be in such as SEI, ELM, or
alternate program (see upcoming slide for details)
o Services: Indicate on the IEP if the student needs
primary language support or other services to be
successful
o Instruction: Indicate where the instruction will take
place (SPED classroom, general education, etc.) and
if the instruction will be in English or primary
language (see EC 311 part 2)
©Jarice Butterfield, Ph. D. 2014
How English language development (ELD)
needs will be met and who will provide those
services
41
Linguistically Appropriate Goals
Linguistically appropriate goals should:
o Be drafted in the student’s areas of disability that
may be impacted by being an English learner
Note: This may be accomplished through alignment
of the student’s academic goals in ELA (listening,
speaking, reading, or writing as relevant to the
student’s English proficiency level (as per CELDT or
other indicators of ELP aligned to the new ELD
standards
©Jarice Butterfield, Ph. D. 2014
o Align to the student’s present levels of
performance in English (taken from CELDT or
alternate assessment)
42
©Jarice Butterfield, Ph. D. 2014
Programs and Services for
Els with Disabilities
43
ELD Program & Services in California
English Language Development (ELD) Classroom
Settings
o English Language Mainstream (ELM)
o Structured English Immersion (SEI)
Alternative Programs
o Instruction is provided in primary language (L1)
Methodology / Services
o Specially Designed Academic Instruction in
English (SDAIE)
o Primary language support
©Jarice Butterfield, Ph. D. 2014
“ELD” for ELs in California:
44
ELD Programs & Services in California
Program Delivery
Classroom Settings
SEI
•Structured English Immersion
(most intensive ELD
instruction)
•For students with “less than
Reasonable Fluency” or
Usually 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).
ELM
•English Language
Mainstream
•For students with
“Reasonable Fluency”
Usually scoring Intermediate
or above on CELDT
•Less intensive English Language
Development (ELD) aligned to ELD
goals and students’ CELDT levels
•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).
•Classroom instruction is
primarily in English
•Daily ELD instruction is
usually provided in the
context of the regular
classroom
SDAIE is provided via
class
•Primary language (L1)
support is provided
•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
©Jarice Butterfield, Ph. D. 2014
•Classroom instruction is
primarily in English
•Intensive ELD support is
provided daily
•SDAIE is provided via
class
•Primary language (L1)
support is provided
45
ELD Programs & Services
for ELs in SPED
Ways SEI (ELD) services may be provided to
ELs With IEPS:
o Instruction in a general education classroom during a
portion of the day when English language development
(ELD) instruction is provided by a general education
teacher or staff
o In a collaborative model where special educators team
with the general education staff to provide EL services
©Jarice Butterfield, Ph. D. 2014
o Targeted ELD instructional groups held within the
context of a classroom taught by a special educator
46
Integrated ELD Versus Designated ELD
o Designated ELD – is a protected time during the
regular school day in which teachers use the CA ELD
Standards as the focal standards in ways that build into
and from content instruction in order to develop critical
language skills (dedicated time of day, grouped by
language level, and emphasis is on oral language
development
CDE – ELA/ELD Framework – July 2014
©Jarice Butterfield, Ph. D. 2014
o Integrated ELD – all teachers with ELs in their
classroom use the CA ELD Standards in tandem with the
CCSS ELA literacy and other content standards
(heterogeneous grouping, focus on foundation literacy
and academics)
47
Services for ELs in SPED Cont’d.
The IEP team should address how primary language
support will be provided to help student access the
core curriculum. It may be provided in the following
ways:
o By SPED or general education bilingual teacher
o By a bilingual instructional assistant
o By a volunteer or parent/relative
o By a peer or cross-age coach
o By providing materials in the primary language
©Jarice Butterfield, Ph. D. 2014
Primary Language Support:
48
SDAIE 3 Areas of Support Strategies
Graphic Support Kinesthetic/Visu
al Support
Key vocabulary definitions
Use of charts
Modeling and
demonstration of
procedures
Modify verbal
input/speech (shorter
phrases; slower; pauses)
Use of tables
Use of gestures/facial
expressions
Use of Repetition &
rephrasing
Use of graphs
Use of real objects,
photographs, or multimedia/videos
Provide opportunities for
Interaction
Use of word walls
Use of manipulatives
Use variety of input
materials (songs, poetry,
etc.)
Use of semantic webs
Use of diagrams or models
©Jarice Butterfield, Ph. D. 2014
Linguistic
Support
49
Promising Practices for Teaching English
Language Development
Provides a time for English learners to learn and practice
language they need in natural contexts in order to navigate
rigorous content instruction and a myriad of adult and
peer interactions, such as discussions and collaborative
work.
 Student Centered Approach
The four instructional approaches that are supported by
research:
1) Promote interaction among learners
2) Use the native language when possible and appropriate
3) Connect instruction with learners’ lives
4) Teach learning strategies explicitly
©Jarice Butterfield, Ph. D. 2014
 Systematic ELD (Susana Dutro)
50
 Systematic ELD challenges students to explore
language in compelling and playful ways, continually
growing their ability to use English flexibly, fluently,
and accurately – to have agency over their own
language use. Ultimately, the goal of Systematic ELD is
for English to be a bridge to academic success rather
than a barrier
 Puts language learning and exploration …. in the
foreground
 Groups students by assessed proficiency level as
determined by multiple sources (for ELD instruction)
©Jarice Butterfield, Ph. D. 2014
“Systematic ELD”
51
(Susana Dutro, 2013)
 Systematic ELD provides a time for English learners to
learn and practice language they need in order to
navigate rigorous content instruction and a myriad of
adult and peer interactions, such as discussions and
collaborative work.
 Uses a functional language approach organized
around essential purposes for communication.
Language tasks are highly applicable to real world and
academic interactions …..
©Jarice Butterfield, Ph. D. 2014
“Systematic ELD” Cont’d.
52
(EL Achieve, Susana Dutro, 2013)
 Provides an organized method of language
instruction to help prevent gaps and fill existing gaps
in language knowledge that can hinder students’
achievement……
 Is explicitly taught, emphasizing oral language
development through structured, purposeful
interaction
©Jarice Butterfield, Ph. D. 2014
“Systematic ELD” Cont’d.
53
EL Achieve Susana Dutro 2013
Critical Steps to Planning Services for ELs
with Disabilities
What we do know:
o ELs learn best when learning language in natural,
meaningful contexts
o ELs need explicit instruction in “academic” as well as
“conversational” English
©Jarice Butterfield, Ph. D. 2014
o ELs learn best when learning activities that build on
their home language and culture
54
Artiles & Ortiz 2002’; Susana Dutro 2013
Critical Steps to Planning Services for ELs
with Disabilities Cont’d.
What we do know:
o (Cooperative, Dyad, and Individual)
o With multiple forms of instructional strategies
(Interactive, Socratic and Lecture)
©Jarice Butterfield, Ph. D. 2014
o EL learning occurs best in an education context
a. Rich in language input (varied vocabulary)
b. With multiple forms of literacy
c. With various types of organizational structures
55
Artiles & Ortiz 2002’; Susana Dutro 2013
Best Practices
Teaching
New
Essential
- Teach for
New
Vocabulary
Academic Vocabulary
1) Teach pronunciation of words
1) Provide real life examples
1) Deepen understanding through authentic
activities
1) Review new vocabulary with student
(provide individual coaching for students
with processing difficulties)
Kate Kinsella 2012
©Jarice Butterfield, Ph. D. 2014
1) Explain vs. define
56
Strategies
for Making
Meaning of
Essential
- Teach
New Vocabulary
English - Comprehension
1) Use of questioning
1) Use of summarizing
1) Writing extended responses to texts read
1) Writing to pen pals
©Jarice Butterfield, Ph. D. 2014
1) Making predictions
1) Personal reactions to text
57
CDE-ELA/ELD Framework-July, 2014
©Jarice Butterfield, Ph. D. 2014
QUESTIONS & ANSWERS
58
Q&A
Answer: No, A parent may not opt a student out of
taking CELDT. A parent may waive an ELD program only
©Jarice Butterfield, Ph. D. 2014
1) May the parent opt a student out of taking
CELDT?
59
The CDE’s 2013-2014 CELDT Information Guide
Q&A
Answer: No, a student does not have to be placed in an “
ELD class”; however, the student must receive appropriate
EL instruction and services. How those services will be
Provided should be addressed in the IEP. They may be
provided in a special or regular education setting as long
as they are appropriate to the student’s level of EL needs,
are provided by qualified staff, and will help the student
progress towards their linguistically appropriate goals and
objectives.
©Jarice Butterfield, Ph. D. 2014
2) If a student is EL and in special education, are
they required by law to have an ELD class?
60
Q&A
Answer: The IDEA and its regulations require that all
Students with disabilities be included in all general
State assessment programs, including assessments
described under section 1111 of the ESEA, with
appropriate accommodations and alternate
Assessments, if necessary, as indicated in their
respective IEPs (section 612(a)(16)(A) of the IDEA,
34 CFR §300.160(a), and section 1111(b) of the
ESEA).
©Jarice Butterfield, Ph. D. 2014
3) What are the Federal requirements for including
ELs with disabilities in the annual State ELP (ELD)
assessment?
61
ELs with Disabilities OSEP Title III, 2014
Q&A
Answer:
1) In the regular State ELP assessment without
accommodations (in the same way as ELs without
disabilities take the assessment);
2) In the regular State ELP assessment through the use of
one or more appropriate accommodations as indicated
in the student’s IEP; or
3) In an alternate assessment aligned to State ELP
standards, if the IEP Team determines that the student
cannot participate in the regular State ELP assessment,
with or without appropriate accommodations.
ELs with Disabilities OSEP Title III, 2014
©Jarice Butterfield, Ph. D. 2014
4) What are the ways that ELs with disabilities can
participate in the annual State ELP (ELD)
assessment?
62
Q&A
5) What is the responsibility of the IEP Team in
determining how ELs with disabilities participate
in the annual State ELP assessment?
1)
Decisions about the content of a student’s IEP, including whether a
student must take a regular State assessment (in this case, the ELP
assessment), with or without appropriate accommodations, or an
alternate assessment in lieu of the regular ELP assessment, must
be made by the student's IEP Team.
1)
If the IEP Team determines that the child must take an alternate
assessment instead of a particular regular State or district-wide
assessment of student achievement, a statement of why—
(A)The child cannot participate in the regular assessment; and
(B) The particular alternate assessment selected is appropriate for
the child; IEPs for ELs with disabilities must comply with all of the
other IDEA requirements in 34 CFR §§300.320-300.324.
ELs with Disabilities OSEP Title III, 2014
©Jarice Butterfield, Ph. D. 2014
Answer:
63
Q&A
6) Should IEP Teams for ELs with disabilities
include persons with expertise in second
language acquisition?
Yes. It is important that IEP Teams for ELs 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
The IDEA regulation in 34 CFR §300.321(a) specifies
that
the participants on each child’s IEP Team include:………
“At the discretion of the parent or the agency, other individuals
who have knowledge or special expertise regarding the child,
including related services personnel as appropriate”
©Jarice Butterfield, Ph. D. 2014
Answer:
64
ELs with Disabilities OSEP Title III, 2014
Q&A
Answer:
“It is important that IEP Teams for ELs with disabilities
include a public agency representative, as described
previously, who is qualified to provide or supervise the
provision of specially designed instruction to meet the
unique needs of ELs with disabilities. This representative
should be knowledgeable about the availability of agency
resources needed to enable ELs with disabilities”
©Jarice Butterfield, Ph. D. 2014
6) Cont’d.
65
ELs with Disabilities OSEP Title III, 2014
Q&A
Answer:
No. All ELs, including those with disabilities, must
participate in the annual State ELP assessment, with or
without accommodations, or must take an appropriate
alternate assessment, if necessary (section 1111(b)(7) of
the ESEA and section 612(a)(16)(A) of the IDEA).
(see question 3)
©Jarice Butterfield, Ph. D. 2014
7) Can an IEP Team determine that a particular EL
with a disability should not participate in the
annual State ELP assessment?
66
ELs with Disabilities OSEP Title III, 2014
Q&A
8) How can an IEP Team determine whether an EL
with a disability should take an alternate
assessment instead of the regular ELP (ELD –
CELDT) assessment?
case basis in light of the particular needs of an EL with a disability. If
an IEP Team for a particular EL with a disability determines that the
student cannot participate in the regular State ELP assessment, even
with individual appropriate accommodations, then the IEP Team
would
determine that the student needs to take an alternate assessment to
the regular ELP assessment. In this situation, the Team must include in
the child’s IEP a statement of:
(1) Why the child cannot participate in the regular ELP
assessment; and
(2) Why the particular alternate assessment selected is
appropriate for the child (34 CFR §300.320(a)(6)(ii)).
©Jarice Butterfield, Ph. D. 2014
Answer: An IEP Team must make this determination on a case-by
67
Q&A
Answer: Yes; however, if the student takes alternate
assessments for sections of the CELDT, they will get
the lowest obtainable score of LOS for the sections of
the test in which they took alternate assessments
©Jarice Butterfield, Ph. D. 2014
9) If a student participates in the ELP Assessment
(ELD - CELDT) with test variations,
accommodations, or modifications will they
“pass”?
68
Title 5 Regulations Section 11510; The CDE’s 2013-14 CELDT
Information Guide
Q&A
Answer: An EL with a disability can be “exited” from EL
status when he/she no longer meets the definition of an EL.
This occurs when the student meets the State’s definition of
“proficient” in English. Depending on the State’s definition
of proficiency, the LEA, school personnel, and/or the IEP
Team may have input into the decision of whether a student
is proficient in English. However, there is no provision in
the IDEA that would authorize the IEP Team to remove the
“EL” designation before the student has attained English
proficiency. In addition, other LEA and/or school personnel
do not have the authority under Federal law to remove a
student’s EL designation before the student has been
deemed proficient in English solely because the student
has an IEP.
ELs with Disabilities OSEP Title III, 2014
©Jarice Butterfield, Ph. D. 2014
10) When and how can an EL with a disability be
exited from EL status?
69
Q&A
11) Is reclassification to RFEP the responsibility of
Answer: Each LEA must establish policies and procedures
to designate which staff or the team members are
responsible for reclassification of EL students. It might very
well be most appropriate for the IEP team to make
reclassification decisions for ELs with disabilities as long
as an professional with second language acquisition (EL)
expertise participates on the IEP team.
Remember: It is best practice for English learner and special
education staff members to work together collaboratively to make
reclassification decisions for students with disabilities regardless of
whether or not the IEP team makes this decision.
5 CCR § 11303
©Jarice Butterfield, Ph. D. 2014
the IEP team for EL students in special education?
70
Q&A
Answer: The regulations state you must assess in the
Native Language unless it is “clearly not feasible to do
so”. Based on the severity and type of disability or lack of
assessment materials in the native language, it may not
be feasible to assess in the native language. Assessors
should refer to the legal regulations and determine the
type of assessments that are most appropriate.
©Jarice Butterfield, Ph. D. 2014
12) Are districts required to assess an English
learner with moderate to severe disabilities in
their native language in order to qualify them
for special education?
71
EC 56320 (a) & 56001(j); Section 141(a (6)(B) of Title 20 of the United
State Code
Q&A
Answer: It is best practice for English learners to receive
high quality, research-based interventions over a period of
time long enough to determine the following:
a. Is the student struggling academically due to a
disability or language difference?
b.Can the student’s academic needs be met through
RTI versus special education?
©Jarice Butterfield, Ph. D. 2014
13) What is the recommended or required amount
of time an English learner must receive
intervention (RtI / MTSS) before making a referral
for special education?
72
Q&A
Answer: There is no specific provision for a parent to
waive assessment in the primary language. A parent may
decline assessment in part or in whole; however, the
assessors determine the language for the assessments to
Be administered in.
©Jarice Butterfield, Ph. D. 2014
14) May the parent waive the requirement for a
student to be assessed for special education in
their native language?
73
Q&A
Answer: For purposes of taking CELDT, although ASL is
considered a language separate from English, students
who use ASL in and of itself, are not required to take the
CELDT; however, if the HSL survey indicates that a
language other than English (and ASL) is spoken in the
home based on the first three questions or possibly 4th, the
student should take CELDT or alternate assessment to
determine proficiency in English.
A student who uses ASL as their primary language in the above
scenario may be identified as EL.
5 CCR § 11303
©Jarice Butterfield, Ph. D. 2014
15) May a school designate a student who uses
American Sign Language (ASL) as FEP even
though they are EL based on the home language
survey?
74
Q&A
16) For the fourth reclassification criteria
Answer: Yes. The LEA may utilize to determine the
student’s “comparison of performance in basic skills” at
a their functional level.
©Jarice Butterfield, Ph. D. 2014
“comparison of performance in basic skills”,
may the reclassification team use data from the
CAPA assessment if the student does not take
SBAC?
75
The CDE 2013-2014 CELDT Information Guide
Q&A
Answer: No, there is no provision that allows an LEA to use
“alternative criteria” to classify a student as FEP upon entry
if it is deemed that the student may be an English learner
based on the home language survey. The LEA must
attempt to give the student the CELDT (or alternative if an
IEP team determines the student is unable to take the
CELDT). Then, once the student takes CELDT, and it is
deemed the scores are invalid, the LEA may use their
discretion and use other data to determine the likelihood
of the student being proficient in English and designate the
student accordingly.
5 CCR § 11303; CELDT Information Guide 2012-2013.
©Jarice Butterfield, Ph. D. 2014
17) May a school classify a student that has severe
disabilities and is non-verbal as FEP upon entry?
76
Q&A
Answer: Yes. The LEA may utilize to determine the
student’s “comparison of performance in basic skills” at a
their functional level.
©Jarice Butterfield, Ph. D. 2014
18) For the fourth reclassification criteria
“comparison of performance in basic skills”, may
the reclassification team use data from the CAPA or
other alternate assessment since the student does
not take SBAC?
77
The CDE CELDT Information Guide 2013-2014.
Q&A
Answer: No, there is no provision that allows an LEA to use
“alternative reclassification criteria”. LEAs must follow the
LEA’s policies and procedures for reclassification based
on the four criteria established by the State Board of
Education (SBE). However, within the four established
reclassification criteria the SBE have recommended
flexibility in the way the way teams apply the guidelines
that may be relevant to students with disabilities.
©Jarice Butterfield, Ph. D. 2014
19) May a school EL reclassification team use
“alternative criteria” to reclassify a student who
is EL to RFEP?
78
Q&A
Answer: No. Students in grades K-12 take CELDT. The IEP
team would still need to write a linguistically appropriate
IEP if the team believes the student is an English learner.
©Jarice Butterfield, Ph. D. 2014
20) Do ELs that are in post secondary programs
(past age 18 have to take CELDT or the
Alternate to CELDT?
79
CDE Resources and
Guidance
2) 1999 ELD Standards that align to CELDT at this
http://www.cde.ca.gov/be/st/ss/
©Jarice Butterfield, Ph. D. 2014
1) The CDE 2012-2013 CELDT Information Guide the
http://www.cde.ca.gov/ta/tg/el/resources.asp
80
 Artiles & Ortiz, 2002, English language learners with special
education needs: Identification, assessment, and instruction
 Fetler, 2008, Unexpected testing practices affecting English
language learners and students with disabilities under No Child
Left Behind
 Gersten, R., Baker, S., Shanahan, T., Linan-Thompson, S.,
Collins, P., Scarcell, R. (2007). Effective literacy and English
language instruction for English learners in the elementary grades
 Goldenberg, C. (2008, Summer). TeachingEnglish language
learners: What the research does – and does not – say
 Saunders & Marcelleti, 2013, The gap that can’t go away: The
Catch-22 of reclassification in monitoring the progress of English
learners
©Jarice Butterfield, Ph. D. 2014
Resources/References
81