Meeting the Needs of English Learners with Disabilities 2011-2012 SBCSELPA Presentation 3-9-12 Jarice Butterfield, Ph. D. Santa Barbara County SELPA Director jariceb@sbceo.org Website: sbcselpa.org & 1 Challenges for Educators “…far too often, children from diverse backgrounds who fall behind in their learning are inappropriately labeled as needing special education. What they may really need is academic support and the opportunity to learn in a culturally responsive environment...” (R. Weaver, 2008 Former President of NEA) 2 Disproportionality Occurs When….. Disproportionality occurs when some students “are inappropriately referred, diagnosed, classified and placed for special education” Stephanie Graham-Rivas, Author of Culturally Proficient Inquiry Presentation at State SELPA Organization Meeting 12-1-11 3 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 three times as likely to be in special education as those receiving some native language support Artiles & Ortiz 2002 4 Presentation Topics Initial Identification of English Learners (ELs) CELDT Testing Pre-referral Strategies/RTI for English Learners Eligibility & Assessment of English Learners for Special Education IEP Development for English Learners Programs & Services for English Learners in Special Education Reclassification to RFEP of English Learners Questions and Answers 5 Initial Identification of English Learners California EC Section 52164.1 requires LEAs to make a primary language determination for all students in K-12 upon first enrollment in a California public school. A student’s home language is identified through a Home Language Survey (HLS). If a language other than *English is indicated on: Any of the first three questions (if using the CDE HLS sample survey) – student is tested with CELDT Fourth question, student may be tested on the CELDT at the LEA’s discretion * American Sign Language (ASL), in and of itself, is not considered a “language other than English” for purposes of CELDT testing 6 Initial Identification of English Learners Cont’d. Students in grades K-12 take the CELDT if indicated on the HLS The criteria for grades K-1 differ from students in grades 2-12 This includes transitional K students since they are technically kindergarteners See The CDE’s 2011-2012 CELDT Information Guide pg. 7-8 7 Initial Identification of English Learners With Disabilities Possible Scenario A student with a disability takes the initial CELDT and scores below the threshold for being identified as FEP upon entry. The LEA / IEP team may review other sources of data (tests, work samples, interviews, observation notes, etc.) to determine if the student is proficient in English if there is a concern that the student’s disability may have impacted the results of the CELDT testing. 8 CELDT The CELDT has three purposes: To identify students who are limited English proficient or English learners To determine the level of English language proficiency of EL students To assess the progress of EL students in acquiring the skills of listening, speaking, reading, and writing English 9 CELDT Testing Accommodations & Modifications Students may have accommodations and/or Modifications on CELDT as specified in their IEP: An accommodation is: Any variation in the assessment environment or process that does not fundamentally alter what the test measures or affect comparability of scores. Accommodations may include variations in scheduling, setting, aids, equipment, and presentation format A modification is: A variation in assessment environment or process that fundamentally alters what test measures or affects comparability of scores 10 Alternate Assessment to CELDT Alternate Assessment: IEP Teams may designate an alternate assessment to CELDT “Students with disabilities may take an alternate assessment if their IEP team determines that they are unable to take one or more parts of the CELDT even with variations, accommodations, and/or modifications.” 11 Alternate Assessment Cont’d. Alternate Assessment is: An alternate way of measuring English language proficiency of pupils with disabilities whose IEP Team has determined they are unable to participate in CELDT even with accommodations, variations, or modifications. Note: The CDE has advised that any “alternate assessment” must assess in all four domains: listening, speaking, reading & writing 12 Alternate Assessment Cont’d. Alternative Assessments to CELDT At this time, the California Department of Education does not designate a specific alternative assessment to CELDT for students whose IEP team determines that the student may not be able to take all or parts of CELDT in order to determine their level of English language proficiency. The IEP team must determine the alternate assessment(s) to be administered as appropriate for the student If the IEP team determines that a student should take an alternate assessment to CELDT, they must ensure that the student is assessed in all four domains of English proficiency: 13 listening, speaking, reading, and writing. Alternate Assessment Cont’d. Possible Alternative Assessments to CELDT The chart on the following page lists possible assessment tools that various LEAs in California have utilized as an alternative to CELDT for students functioning at the CAPA level: 14 Resource List for Possible Alternate Assessments to CELDT Test Name Skills Assessed Organization or Publisher 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/appendix/so lom.pdf Basics 2 (Checklist for functional reading and writing) Listening, Speaking Reading, Writing Lakeshore http://www.lakeshorele arning.com/home/hom e.jsp Sandi Listening, Speaking, Reading, Writing SEACO http://www.rcoe.k12.ca.us /materials/SANDI_Riversid e.pdf 15 Resource List for Possible Alternate Assessments to CELDT Cont’d. Test Name Basic Inventory of Natural Language (BINL) Skills Assessed Listening Speaking in 30 different languages Norm referenced & Listening & Speaking Criterion referenced Reading & Writing Brigance IED II (B-7yrs) literacy Brigance CIBS II (Pre K –9) Organization or Publisher Contact Information CHECpoint Systems, (800)635-1235 Inc. Curriculum & Associates http://www.curriculuma ssociates.com 16 Pre Referral Strategies for English Learners 17 Three Categories of EL Students Who May Experience Academic Difficulties 1. Those with deficiencies in their teaching or learning environment; lack of effective ELD instruction and support 2. Those experiencing academic difficulties not related to a learning disability; Interrupted schooling, limited formal education, medical problems, low attendance, high transiency, etc. 3. True ELs with disabilities and in need of Special Education 18 STEPS PRIOR TO SPECIAL EDUCATION REFERRAL Step 1: School Environment Appropriate curriculum & instruction for ELs Step 2: Pre Referral Intervention or RtI Screen, observe, intervene, & track progress Step 3: Referral to Special Education Assess in native language and English 19 5 Best Practices for Preventing Over Identification of English Learners for SPED: Screen for reading or other academic problems and monitor progress early Provide intensive small group reading instruction Provide extensive & varied vocabulary instruction Develop academic English (provide daily ELD services with fidelity) Schedule regular, peer-assisted learning opportunities Gersten, 2007 Ensuring that EL students have access to Response to Intervention (RTI) may be an effective way to ensure identification for SPED is appropriate! 20 Response to Intervention (RTI) for English Learners Response to Intervention (RTI)…… Emphasizes prevention and early intervention for all students, including English learners Premised on data-based decision-making for all learners within the system 21 Pre Referral RTI Strategies for English Learners Three Recommended Components of RTI for Els: 1) Universal screening of academics 2) High quality, research-based differentiated instruction that is multi-tiered based on need 3) Progress Monitoring of English development and academic performance REMEMBER: Mandated ELD Services are not RTI and should not occur in lieu of 22 RTI Sample Response to Intervention (RTI) Model Tier IV Tier III Tier II Tier I Referral To Special Education •Daily, intensive, research based intervention •Lower student/teacher ratio •More frequent progress monitoring •Research based intervention •Small groups (8+) •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 23 Considerations for English Learners Prior to Referral to Special Education ”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 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 24 Referral to Special Education Questions for the Student Study Team to Consider √ Has the student received intensive interventions in the area of academic weakness implemented with fidelity over time and demonstrated little or no progress? √ 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? If answers to questions above are “YES,” a referral to special education may be appropriate. 25 Assessment & Determining Eligibility of English Learners for Special Education 26 Identification of English Learners Federal regulations require that students in Pre K through age 22 be identified as EL for purposes of special education (ie. assessment for special education procedures, linguistically appropriate goals in IEPs, etc.) Note: California Education code does not formally identify students as EL until kindergarten. CELDT is not administered until grade K. 27 California Ed Code Requirements for Identification & Assessment of English Learners for Special Education 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. Pursuant to Section 1412(a (6)(B) of Title 20 of the United States Code, the 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. EC 56320(a) & 56001(j) Note: Assessors must note this in their assessment reports! 28 California Ed Code Requirements for Identification & Assessment of English Learners for Special Education Cont’d. (b) Tests and other assessment materials meet all of the following requirements: Are provided and administered in the language and form most likely to yield accurate information on what the pupil knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide or administered required by 1414(b)(3)(A)(ii) of Title 20 of United States Code EC 56320(b)(1) 29 California Ed Code Requirements for Identification & Assessment of English Learners Who are Infants/Toddlers For assessment to determine eligibility for infants and toddlers, the assessment shall “be conducted in the language of the family’s choice or other mode of communication unless it is not feasible to do so.” CCR 52082(b) & 52084(d) 30 Identification & Assessment 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. It it clearly is not feasible to do so, an interpreter must be used, and the assessment report shall document this condition and note that the validity may have been affected. CCR Title 5: 3023 A variety of assessment tools and strategies will be used to gather relevant functional and developmental information, including information provided by the parent. EC 56320 31 Identification & Assessment Legal Requirements for English Learners Cont’d. It is best practice to use the following four sources of information in order to address all socio-cultural factors related to English learners: 1) Norm-referenced assessments in English and Primary Language (if primary language assessments are available) 2) Criterion-referenced tests 3) Systematic observation in educational environments 4) Structured interviews (with student, parent, teachers, etc.) 32 Assessment of English Learners Why Assess in the Student’s Primary 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 difficult 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”. 33 Assessment of English Learners Cont’d. Best Practices to Guide Assessment Decisions: An assessor fluent in both languages should assess to determine which language the student is most proficient in at both the Bics and Calps level (both academically & cognitively) to guide the assessment team regarding types of assessment to be performed by using like instruments in primary language and English when available. Assessors should assess in the students primary language when feasible to do so.. 34 Assessment of English Learners Cont’d. Examples of When it May Not “Be Feasible” to Assess in the Student’s Primary Language: The student has moderate to severe disabilities and lacks the communication or other skills to be able to be assessed accurately in L1. 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 to 35 inform identification decisions. Use of Interpreters or Translators in Assessment Interpreters translate ORALLY Versus Translators interpret WRITTEN TEXT 36 Use of Interpreters for Bilingual Assessment Interpreters are typically used for interviews that are part of the assessment process (parent or student) “Consecutive” interpreting is recommended e.g. the speaker stops every 1-5 minutes (usually at the end of every "paragraph" or a complete thought) and the interpreter then steps in to render what was said into the target language. Interpreter should take notes as details may be lost after a full paragraph 37 Use of Interpreters or Translators in Bilingual Assessment Following are best practice recommendations for use of interpreters or translators during assessment I. Preparation prior to the assessment or interview Determine what tests or questions are being administered or asked; Administer only the tests which the translator has been trained to assist with; Be prepared for the session to account for extra time needed with an interpreter; and, Determine the skill level of the interpreter or translator. 38 Use of Interpreters or Translators in Bilingual Assessment Cont’d. Briefing Procedures (assessor and interpreter or translator review together): The general purpose of the assessment session Which assessment instruments or questions will be administered or asked Share information about the student, family, culture Review of appropriate testing protocol/behavior Allow time for the translator or interpreter to organize materials, re-read the test procedures, and ask for clarification if needed Carefully observe interpreter behavior during assessment 39 Use of Interpreters in Bilingual Assessment Cont’d. Debriefing/follow-up Procedures: Ask interpreter or translator to go over each of the test or interview question responses without making clinical judgment. Go over any difficulties relative to the testing process. Go over any difficulties relative to the interpretation or translation process. Go over any other items relevant to assessment process. 40 IEP Development for English Learners 41 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) 42 IEP Development for English Learners Also, as per EC 56345 the regulations state: “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! 43 IEP Development for English Learners IEP Content Checklist √ The results of CELDT or alternative assessment in order to document English language proficiency and develop linguistically appropriate goals If the student requires accommodations or modifications on CELDT EC Section 60810 CFR Section 300.138(b)(1)(2); CFR 300.324 44 IEP Development for English Learners Cont’d. In addition to CELDT considerations, the IEP team must determine: 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 34 CFR 300.324; EC 56345 45 How to Document Programs, Services & Instruction on IEP Programs: Indicate on IEP what type of EL program the student will be in such as SEI, ELM, or alternate program (see upcoming slide for details) Services: Indicate on the IEP if the student needs primary language support or other services to be successful Instruction: Indicate where the instruction will take place (SPED classroom, general education, etc.) and if the instruction will be in English or primary language46 Linguistically Appropriate (ELD) Goals Linguistically appropriate goals should: Align to the student’s present levels of performance in English (taken from CELDT or alternate assessment) Be drafted in the student’s areas of disability Note: This may be accomplished through alignment of the student’s academic goals in ELA (listening, speaking, reading, or writing as relevant) to an appropriate ELD Standard aligned to English language proficiency results. 47 ELD Standards The California State Board Adopted ELD Standards categorized by subject or domains (listening & speaking, reading, and writing) The California State Board Adopted ELD Standards categorized by strands and sub strands The California State Board Adopted ELD Standards not numbered, but are categorized by levels of proficiency assessed on CELDT The California State Board Adopted ELD Standards categorized by grade are are are are 48 Sample Linguistically Appropriate Goal 1 Domain: Reading Strand: Word Analysis Sub Strand: Concepts about Print, Phonemic Awareness, and Vocabulary and Concept Development Level: Early Intermediate Grade: 3-5 Goal: By (date) , (student) , while reading aloud a short passage of 8-10 lines at grade level, will recognize and produce English Phonemes that do not correspond to phonemes he or she already hears and produces with 80% accuracy on 3 consecutive trials as demonstrated by data 49 tracking records. Sample Linguistically Appropriate Goal 2 Domain: Strand: Sub Strand: Level: Grade: Writing Strategies & Applications Organization & Focus Intermediate 6-8 Goal: By (date) , (student) will develop a clear purpose in a short essay (two to three paragraphs) by appropriately using the rhetorical devices of quotations and facts with 90% accuracy on 3 consecutive trials as demonstrated by a written response to a prompt. 50 Programs & Services for English Learners in SPED 51 Meeting the Needs of ELs in SPED ELs will need language development, maintenance and support! 1) ELs learn best when learning activities that build on their home language and culture 2) EL learning occurs best in an education context a. Rich in language input b. With multiple forms of literacy c. With various types of organizational structures (Cooperative, Dyad, and Individual 3) With multiple forms of instructional strategies (Interactive, Socratic and Lecture) Artiles & Ortiz 2002 52 Programs & Services for EL Students in Special Education Services and methodology for English learners in California: English Language Development (ELD) Settings English Language Mainstream (ELM) Structured English Immersion (SEI) Alternative Programs ■Instruction is provided in primary language (L1) Methodology Specially Designed Academic Instruction in English (SDAIE) Primary Language Support 53 Programs & Services for EL Students in Special Education Programs Structured English Immersion Program (SEI) For students with “less than Reasonable Fluency” or scoring at beginning or early intermediate on CELDT Program Components English Language Development (ELD) Academic Core Subjects Program Delivery •Classroom instruction is primarily in English •Intensive ELD support is provided daily •SDAIE is provided via class •Primary language (L1) support is provided English Language Mainstream (ELM) 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 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 54 English (SDAIE) via class For students with “Reasonable Fluency” Scoring Intermediate or above on CELDT Alternative Programs (Bilingual Programs) Programs & Services for EL Students in Special Education Placement Requirements for English Learners: English learners are placed in the instructional setting which can best address their individual language acquisition needs and help them learn English. (1) All pupils are placed in English-language programs unless a parental exception waiver has been granted for an alternative program. E. C. 305, 306, 310, 311 (2) Based on LEA criteria of reasonable fluency, English learners are placed in structured English immersion (SEI) or in English-language mainstream (ELM) program settings. English learners who do not meet the LEA criteria for participation in an ELM are placed in an ELM program if the parent or guardian so requests. 55 EC 305, 306, 310, 311; 5 CCR 11301 55 ELD Programs & Services for EL Students in Special Education SEI services may be provided for English learners with an IEP in a variety of ways to include: (1)Targeted ELD instructional groups held within the context of a classroom taught by a special educator (2)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 (3)In a collaborative model where special educators team with the general education staff to provide EL services 56 Collegiality & Collaboration Between SPED and General Ed Collegiality is the existence of four specific behaviors: 1) First, teachers talk frequently, continuously, and concretely about the practice of teaching. 2) Second, they observe others’ teaching frequently and offer constructive feedback and critiques. 3) Third, they work together to plan, design, evaluate, and prepare instructional materials and curriculum. 4) Fourth, they teach each other about the practice of teaching. 57 Services for EL Students in Special Education Primary Language Support: 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: By SPED or general education bilingual teacher By a bilingual instructional assistant By a volunteer or parent/relative By a peer or cross-age coach By providing materials in the primary language 58 Reclassification of EL Students in Special Education 59 Reclassification of EL Students in Special Education Reclassification Defined as the process by which students who have been identified as English learners (EL) are reclassified as fluent English Proficient (RFEP) when they have demonstrated that they are able to compete effectively with English-speaking peers in mainstream classes. EC 313(d) 60 Reclassification of EL Students in Special Education Reclassification Criteria: The reclassification procedures developed by the California Board of Education (CBE) requires districts to utilize multiple criteria to reclassify a pupil as proficient in English. EC 313(d) 61 Reclassification of EL Students in Special Education Cont’d. The following four reclassification criteria are required by the CDE to reclassify all EL students: 1) Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the ELD test pursuant to EC Section 60810 (i.e., the CELDT) 2) Teacher evaluation, including, but not limited to, a review of the pupil’s curriculum mastery 3) Parental opinion and consultation 4) Student performance on a statewide assessment of basic skills in English EC 313(d) / The CDE’s 2011-2012 CELDT Information Guide 62 Assessment of Language Proficiency Using an Objective Assessment Instrument *CELDT is used as the primary criterion for the “objective assessment”. Students should be considered for reclassification whose overall proficiency level is early advanced or higher and: Listening is intermediate/higher Speaking is intermediate/higher Reading is intermediate/higher Writing is intermediate/higher 63 Criteria 1: Assessment of Language Proficiency Using an Objective Assessment Instrument Cont’d. Note: Alternate assessment to CELDT may be designated by the IEP Team; this IEP designated alternative measure can be used to inform the first criteria. Personal Communication with the CDE CELDT & SPED Division 11-30-11 The CDE’s 2011-2012 CELDT Information Guide pg. 10 64 Teacher Evaluation Sample Criteria Used by Special and General Education Teachers: Use student’s academic performance; Note that if incurred deficits in motivation and academic success *unrelated to English language proficiency do not preclude a student from reclassification *A disability may be a factor that contributes to low academic achievement and is unrelated to “English language proficiency” The CDE’s 2011-2012 CELDT Information Guide pg. 11 65 Parent Opinion and Consultation Provide notice to parents or guardians of their rights and encourage them to participate in the reclassification process Provide an opportunity for a face-to-face meeting with parents or guardians Seek alternate ways to get parent input if face to face contact is not possible. Comparison of Performance In Basic Skills Definitions: “Performance in basic skills” means the score and/or performance level resulting from a recent administration of an objective assessment of basic skills in English, such as the California English-Language Arts Standards Test (CST for ELA) and the California Modified Assessment for ELA (CMA for ELA) “Range of Performance” means range of scores on the assessment of basic skills in English that corresponds to a performance level or a range within a performance level “Students of the same age” refers to student who are enrolled in the same grade as the student who is being considered for reclassification The CDE’s 2011-2012 CELDT Information Guide pg. 11 67 Comparison of Performance In Basic Skills for Students with Moderate to Severe Disabilities As per email communication with the CDE SPED Division on 31-12 the CAPA results may be used for determining if the student has acquired basic skills in comparison to other students at their functional level. 68 Comparison of Performance In Basic Skills Note: As per CDE’s 2011-2012 CELDT Information Guide pg. 12 “For students scoring below the cut point (e.g., the CST or CMA ELA), the LEAs should attempt to determine whether factors other than English language proficiency are responsible for low performance on the test of basic skills and whether or it is reasonable to reclassify the student. The CDE’s 2011-2012 CELDT Information Guide pg. 12 69 Issues With Reclassification of EL Students In Special Education It is more difficult to clear the CST-ELA hurdle than the CELDT criterion. For example, in the 11th grade in 2007, 21 percent of ELLS scored Basic or better on the CST-ELA, compared to 41 percent scoring EA or better on CELDT. Testing results and reclassification decisions feed into the Title III accountability system imposed by NCLB that may either reward of punish school districts; students with disabilities often do not meet goal targets due to a disability versus language difference and districts receive sanctions. A large gap exists across grades on CELDT scores for ELs in SPED versus non SPED ELs. This suggests that few ELs in SPED will reach the minimum CELDT score required for consideration to be reclassified. 70 (Fetler, 2008) RECLASSIFICATION SCENARIO 1 “Maria” Student With Autism Who Takes Alternative Assessment to CELDT Maria is a 6th grade student who has autism. She has an a low average to below average ability level. She is verbal; however a lot of her speaking more echolalia or repetitive of what she hears. Her pragmatic and comprehension skills are low in both languages. She functions at approximately the 2nd grade level in math and K-1 grade level in reading and writing. She was classified as an English Learner upon entering school in kindergarten. The IEP team has designated that Maria will take an alternative assessment to CELDT. 71 71 RECLASSIFICATION SCENARIO 1 “Maria” Cont’d. Criteria 1: Assessment of language proficiency using an objective assessment instrument Since Maria took an alternative assessment to CELDT, the reclassification team used the data from the alternative measures of Basics 2 & ALPI to determine if Maria meets this criteria. 72 72 Basics 2 Checklist Data Skill Area Pre Writing Yes No X Communicates in Writing Responds to Auditory Stimuli X Receptive Language (Verbal) X Expressive Language (Verbal) X Articulation X Receptive Language (Non Verbal) *X Words Independently X Attends to Printed Material X Reading Readiness X Basic Reading Skills X Reading Comprehension 73 Overall Indication Student is Fluent in English *X X 73 ALPI Assessment Data Skill Areas (Primary Language) Points (0-5 pts) I. Receptive Language 1. 4 2. 4 3. 5 4. 4 5. 4 6. 5 Points (0-30) Total 26/30 II. Expressive Language 1. 2 2. 1 3. 3 4. 2 10/14 Total Points (0-14) 74 ALPI Assessment Data Skill Areas (English) Points (0-5 pts) I. Receptive Language 1. 4 2. 4 3. 4 4. 5 5. 5 6. 5 Points (0-30) Total 27/30 II. Expressive Language 1. 2 2. 3 3. 2 4. 2 9/14 Total Points (0-14) 75 RECLASSIFICATION SCENARIO 1 “Maria” Cont’d. Note that even though the student received an overall “no” in the receptive language and reading comprehension areas on the Basics 2; the team felt that since the scores on the ALPI indicate the student has comparable skills in her primary language and English in receptive language, the relative weaknesses were due to her autism versus her language development. The multi-disciplinary reclassification team (to include special educators and English language development staff members) in this scenario determined that the student was fluent in English since the data indicates the student has acquired comparable skills in both listening and speaking in the primary language and English on the ALPI, and her functional academics in English are proficient. 76 76 SCENARIO 1 CONT’D. Criteria 2: Teacher Evaluation Remember: Incurred deficits in motivation & academic success unrelated to English language proficiency do not preclude a student from reclassification. Maria’s teachers indicated that they feel she has developed English language proficiency as evidenced by her day to day classroom performance (not related to her autism or disability)? 77 SCENARIO 1 CONT’D. Criteria 3: Parent Opinion and Consultation Maria’s parent(s) feel she has acquired the English skills needed to be successful in school. 78 SCENARIO 1 CONT’D. Criteria 4: Comparison of Performance in basic skills “Performance in basic skills” means the score and/or performance level resulting from a recent administration of an objective assessment of basic skills in English, such as the CST or CMA in ELA or other appropriate alternate objective measure Maria took CAPA Level IV (for her 6th grade level) versus CST as indicated in her IEP so the LEA / IEP team analyzed her performance to determine her level of performance in “basic skills”. The team took into consideration Maria’s cognitive ability Levels and determine that yes, she demonstrated that she had acquired basic skills in English at her functional level. 79 SCENARIO 1 CONT’D. Should Maria be reclassified? Yes, in this scenario the reclassification team felt that Maria met the LEA’s established reclassification policy based on the four criteria outlined in CDE’s 2011-2012 CELDT Information Guide pg. 10 Note: LEA’s make final decisions about reclassification based on data that best informs the four criteria. 80 Q&A 1) May the parent opt a student out of taking CELDT? Response: No; A parent may not opt a student out of taking CELDT. The CDE’s 2011-2012 CELDT Information Guide 81 Q&A 2) If a student is EL and in special education, are they required by law to have an ELD class? Respone: 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. 82 Q&A 3) Is reclassification to RFEP the responsibility of the IEP team for EL students in special education? 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 83 Q&A 4) May the IEP team designate a CELDT test variation that is not listed in the Title 5 Guidelines Section 11516 or 11516.5? Response: Yes; however, the district must submit a request for review of the proposed variations in administering the test 5) If a student participates in CELDT with test variations, accommodations, or modifications will they “pass”? Response: 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 Title 5 Regulations Section 11510; The CDE’s 2011-2012 CELDT Information Guide 84 Q&A 6) Are districts required to assess an English learner with moderate to severe disabilities in their primary language in order to qualify them for special education? Response: 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. Asessors should refer to the legal regulations and determine the type of assessments that are most appropriate. 85 Q&A 7) What is the recommended or required amount of time an English learner must be in RTI before making a referral for special education? Response: 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 86 special education? Q&A 8) May the parent waive the requirement for a student to be assessed for special education in their primary Language? Response: 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. 87 Q&A 9) May a school EL reclassification team use “alternative criteria” to reclassify a student who is EL to RFEP? 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. 5 CCR § 11303; The CDE’s 2011-2012 CELDT Information Guide Q&A 10) May a school classify a student that has severe disabilities and is non-verbal as FEP upon entry? 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 Personal communication with the CDE SPED and CELDT Divn. 11-30-11 89 Q&A 11) 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? 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 HSLsurvey 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. Based on personal communication with the CDE SPED & CELDT Divn. 11-30-11 5 CCR § 11303 90 Q&A 12) For the fourth reclassification criteria “comparison of performance in basic skills”, may the reclassification team use data from the CAPA assessment since the student does not take CST or CMA? Answer: Yes. The LEA may utilize to determine the student’s “comparison of performance in basic skills” at a their functional level. As per email communication with the CDE 3-1-12 91