Issues in the Equitable Instruction of ELL Students

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Questions and Some
Answers on Dual
Identified ELL/SPED
Students
Presented to Lane County Districts
Wednesday, March 4th 2009
By
ODE Staff (Office of Student Learning
and Partnership, Office of Educational
Innovation and Intervention)
and
Julie Esparza-Brown EdD
Presentation Goals
 To answer questions related to service
provision for students who are served by both
ELD programs and SPED programs
 Question themes: procedural implications of
suspending a student with an IEP from an ELD
program
 Parents and translation
 Professional development questions (what is
best practice, what should take priority)
 ELPA questions
Serving Students with
Disabilities in Oregon
 “Student first” language
 E.g. services for SPED student are not suspended; instead, steps are
taken to determine whether or not the student continues to require
specialized instruction and (if not) services may be suspended from
the program. This is a formal process requiring documentation.
 Problem-solving approach:
 Evaluate the needs of the student
 Evaluate the resources available
 Determine the student’s present level of performance in each of the
areas that demonstrate a need
 Determine the series of steps necessary to address the needs of the
student in the context
 Include check points/benchmarks along the way that allow for review
and revision of goals and interventions
SPED Service Provision
Guiding Principles




Emphasis is always on the individual
Consistent decision making
Evidence-based decision-making
Inclusion of relevant and appropriate data (i.e. not data
for the sake of data, but a realistic evaluation of what
the student needs, what can we measure to track
progress on the success of our interventions)
 Upholding IDEA using the IEP (appropriate selection of
a team, present levels of academic and functional
performance, measurable objectives, long- and shortterm objectives)
IDEA Expectations
 Access for students with disabilities to public
elementary and secondary education
 Upholding district responsibilities toward providing a
free and appropriate education (FAPE) to students with
disabilities
 Educational instruction that is specially designed to
meet the unique needs of a child with a disability and is
supported by such services as are necessary to permit
the child to benefit from instruction
 Specialized education provided in the least restrictive
environment
Requirements of ELD
Programs
 ELL students receive a program of instruction in ELD aligned with
the state ELD standards
 Programs are designed and implemented to ensure ELL students
meet district’s content and performance standards
 Funding must be used to provide every ELL student with learning
opportunities
 Parents must be informed of program placement
 Teachers must hold appropriate endorsement and provide
instruction through a direct service model
 Instruction must be targeted to the student’s English proficiency
level
 Progress must be monitored regularly
Legislative and Judicial Mandates
for ELL Students and Special
Education
 Individuals with Disabilities Educational Improvement
Act (IDEIA) of 2004
 No Child Left Behind Act (NCLB 2002)
 Title VI of the Civil Rights Act of 1964 and its
regulations at 34 CFR Part 100
 Section 504
 Title II of the Americans with Disabilities Act of 1990, 42
USC 12131-12161
 Judicial Mandates
 May 25, 1970 Memorandum
 Lau v. Nichols
 Castaneda v Pickard
Your Questions
“The problem is that we attempt to solve
the simplest questions cleverly, thereby
rendering them unusually complex. One
should seek the simple solution.”
Anton Pavlovich Checkhov
Russian Author and Playwrite
Questions 1- 3
Is there a point at which a student with a severe learning
disability who is not making progress in ELD due to the
disability can be re-designated as no longer LEP?
If an IEP team believes that ELD is no longer the best use
of the student’s time, can they be taken out of the ELL
program? What data needs to be included to justify this?
If Sped identified students still need to be counted as LEP,
but it is not the best use of their time to receive ELD
services, are they to be left as un-exited students?
Considerations
 Individuals responsible for decision-making around service
provision for ELD should include individuals knowledgeable in
English language proficiency, on the student’s progression on
his/her IEP and his/her present levels of academic and functional
performance and consider student-centered issues:
 Who needs to be involved in this discussion?
 What type of educational and progress-monitoring data do we
have to measure academic progress? Progress in the ELD
program?
 Has the IEP program of service been reviewed, revised, and
revisited?
 Has the student met the LEA’s reclassification criteria?
 Is the continued lack of English proficiency due only to the
disability?
 Can the student now benefit from English only services?
Question 1: Is there a point at which a student with a severe
learning disability who is not making progress in ELD due to the
disability can be re-designated as no longer LEP?
 Possibly.
 How was the eligibility determined (with language
consideration/without)? How severe is the disability?
 If the constructs provided in the ELD program were
determined necessary for the student, what supports
are currently in place to assist him/her in the ELD
program?
 What variables were used to determine that the
student is not making progress in ELD, and how are
these variables being measured?
 How was the student’s IEP team –which includes the
parent, involved in this decision?
Reclassification ELD
Program
Criteria for reclassification in Oregon shall include:
 (A) Achieving at the Advanced level on the State’s
English Language Proficiency Assessment (ELPA).
 (B) The Advanced level is a culmination of
progress demonstrated on the same state
proficiency measure over a legitimate period of
time.
Reclassification ELD
Program
 General alternative reclassification
criteria are NOT allowable.
 Each decision would be based on
the student’s language and learning
needs and made in consultation with
individuals knowledgeable about the
student’s IEP and present levels
Not a Basis for
Reclassification
 Low academic skills in English
 Low test scores in English and/or
Spanish
 Lack of resources
 Longevity in a program or district
Question 2: If an IEP team believes that ELD is no longer
the best use of the student’s time, can they be taken out
of the ELL program? What data needs to be included to justify
this?
 Same as previous: A student can be suspended from
from a program following the appropriate considerations
by the appropriate individuals. Child-centered problemsolving first, procedural investigation to follow.
 Child-centered
 Is the continued lack of English proficiency due only to
the disability?
 Can the student now benefit from English only
services?
 Does the team include individuals knowledgeable
about the differences between characteristics
indicative of a disability and characteristics related to
limited English proficiency such as an ELL and a
Speech and Language specialist?
Question 2: If an IEP team believes that ELD is
no longer the best use of the student’s time, can
they be taken out of the ELL program? What
data needs to be included to justify this?
 Procedural
 Has the student met the LEA’s reclassification
criteria?
 If the student’s placement in and services in the
ELD setting are documented on the student’s IEP,
then the decision to suspend the student from the
services provided in the ELD program must be
documented on the IEP.
Question 3: If Sped identified students still need to be
counted as LEP, but it is not the best use of their time to
receive ELD services, are they to be left as un-exited
students?
 If ELD services have been suspended
through the process described in previous
slides, they are no longer counted nor
considered ELL students.
 However, the IEP should clearly document
that occurred and why services have been
suspended.
 Best practice would be that this is
documented in all subsequent IEPs so that
is clear that the student comes from a
home where English is not the primary nor
strongest language.
Question 4
What if a student’s disability is so severe
that ELL services would be ineffective, do
we have to assess, qualify, and serve?
What about a non-verbal student from a
Spanish-speaking home? Are they LEP if
they don’t speak at all?
Under directive by the Office of Civil Rights (OCR),
school districts must determine the language(s)
spoken at home by each student in order to provide
all students meaningful instruction.
The following are typical
questions on the Home
Language Survey (HLS):
 Language(s) most often
used for communication
at home
 Mother’s first language
 Father’s first language
 Student’s first language
 Do the parents
communicate with their
child in their native
language?
 When the parents
communicate with the
child in the native
language, does s/he
respond in the native
language?
 If any of the questions indicate that language(s) other
than English are spoken in the home, then the student
must be assessed with a language proficiency
instrument.
 Common tests:




Language Assessment Scales (LAS)
Woodcock-Muñoz Language Survey
Bilingual Syntax Measure
Idea Proficiency Test
 Are any of these appropriate for severely handicapped
students with limited or no verbal language?
 There may be some areas in which the student may be
assessed on one of these instruments.
The Alternate Language Proficiency
Instrument for Students with
Significant Disabilities (ALPI, 1989)
 The only instrument to assess English
language proficiency of students with
significant disabilities can be found at the
link below:
 http://sped.ocde.us/Assets/Sped/downloa
ds/ALPI_Manual.pdf.pdf
Returning to the
question…
 Is a non-speaking student from a home where
English is not the primary or strongest
language, is the student LEP/ELL or not?
 Discuss and consider the questions used to
determine LEP status.
 So, is a non-speaking student from a
Spanish/Hmong/Chinese etc. speaking home
LEP or not?
 For this student, will the content be
comprehensible and meaningful without support
for their limited English status?
 Would sequential and systematic instruction in
English help the student to achieve content goals?
 If the answer to #1 is yes, clearly document in the
IEP that over time the student has not progressed
in English language proficiency given an
appropriate ELD program.
 ELD services for this student can then be
suspended.
 Individualized instruction within special
education can continue to adapt the level of
English as appropriate for the student’s
disability.
 The student’s prior ELL status should be
documented in subsequent IEPs if the home
language is other than English.
Question 6: If an IEP team determines that some domains should
be skipped on the ELPA, how do you know which questions to
skip? Is it obvious which questions go with which domain.
2009 Guidance
 The method of skipping domains will vary depending
on the format of the domain. The proctor may skip by:
(1) choosing random answers for multiple choice
questions, (2) entering random answers for Writing or
(3) for the first Speaking question, the TA says
verbatim: “This is a test administrator. This student is
not participating in this portion of the ELPA” and for
subsequent speaking questions TA says verbatim:
“Test Administrator". Once the data are loaded into
Student Staging, the district test coordinator will enter
an administration code that identifies which of the 15
combinations of ELPA domains should not be scored.
Question 7: If a student is SPED, can
parents opt the child out of the ELPA?
 ELPA is a required assessment
 Parent exemption for a student on an IEP is not
explicitly addressed in IDEA.
 NCLB allows states to meet participation
targets with 95% participation
 Oregon’s current OAR on this issue (581-022-0612)
Exception of Students with Disabilities from State
Assessment Testing, states: “(2) A public agency shall
not exempt a student with a disability from participation
in the Oregon State Assessment System or any district
wide assessments to accommodate the student's
disability unless the parent has requested such an
exemption.”
Question 8: Is the ELPA required every year for
SPED students?
 Yes.
 ELPA is part of the State Assessment System as
required in NCLB Sec. 1111.
 All students are required to participate in each of
the tests in the State Assessment system.
 Additionally, all students identified as Limited
English Proficient are required to also participate
on the annual assessment of English proficiency
until it is determined that the students have
gained the proficiency necessary to be
successful in regular education classes taught in
English only.
Question 9
For parents with no English, how much
or which sections of an IEP legally
need to be translated if there was an
interpreter at the IEP meeting?
For the answer- turn first to the
Parent Participation
requirements in IDEA and OAR.
Procedural Safeguards
Public agency responsibilities
 …ensure the opportunity for parents to
participate in meetings related to the child’s
identification, evaluation, educational
placement, and the provision of FAPE to the
child.
 …provide notice of each IEP team meeting
as required by the Parent Participation
requirements in §300.322.
34 CFR 300.501 Parent participation in meetings
Parent Participation
IDEA states:
“Use of interpreters or other action, as
appropriate. The public agency must take
whatever action is necessary to ensure that
the parent understands the proceedings of
the IEP Team meeting, including arranging
for an interpreter for parents with deafness
or whose native language is other than
English.”
34 CFR 300.322 Parent Participation, subsection (d); OAR 581-015-2190 Parent
Participation - General
Procedural Safeguards
Is Prior Written Notice required? Depends
upon actions District pursues.
If required, IDEA (and OAR) require Prior
Written Notices to be:
(1) (i) Written in language understandable
to the general public; and (ii) Provided in
the native language of the parent or other
mode of communication used by the
parent, unless it is clearly not feasible to
do so.
Procedural Safeguards
(2) If the native language or other mode of
communication of the parent is not a written
language, the public agency must take steps to
ensure—
(i)That the notice is translated orally or by other
means to the parent in his or her native
language or other mode of communication;
(ii)That the parent understands the content of the
notice; and (iii) That there is written evidence
that the requirements in paragraphs (c)(2)(i)
and (ii) of this section have been met.”
34 CFR §300.503 Prior notice by the public agency content of notice; (c) Notice in
understandable language; OAR 581-015-2310 and 581-015-2315
OCR says…
 Districts must maintain a list of parents
who need interpreter/translators in order to
meaningfully participate in their child’s
educational program.
 The districts must have a policy and
procedures for notifying ELL parents about
the availability of interpreters/translators.
Letter to Boswell
To see how the U.S. DOE/Office of Special
Education Programs (OSEP) answered:
http://www.ed.gov/policy/speced/guid/idea/let
ters/2007-3/boswell090407iep3q2007.pdf
OCR says…
 Districts must establish qualifications and
competency standards for interpreters.
 Interpreter/translators must be trained
around issues of confidentiality.
Question 10
What are best practices in a SST (or CST)
process for determining whether
language is an issue that precludes
eligibility for special education? How
much time without progress in an ELD
program is reasonable to ascertain that
language is not the issue?
Normal Progression through
Language Stages
Additional Best Practice
Resources
 NCCREST Resource:
http://www.nccrest.org/
 WOU Best Practice:
http://www.tr.wou.edu/eec/documents/Fin
al%20Draft%20CLD%202007%20Compl
ete.pdf
Critical Questions
 At what age was the second language
introduced?
 What type of instruction has the student had:
 Model of ELD or bilingual, if any
 Instructional model/language in other country
 What has been their access to core curriculum
 Was student ever retained?
 In native country
 In U.S.
 What is the student’s motivation and attitude?
Critical Questions
 How does the student compare with
his/her true peers?
 What are the student’s competencies
indicated in the records and how does it
compare to current performance?
 How does the student interact with others
in the school/home/community
environments?
Examples of OCR Findings
 Under Section 504 and Title VI, a
student’s language proficiency and ELL
status is part of a student’s cultural
background that needs to be considered
in order to make appropriate special
education evaluation and placement
determinations.
Question 11: When conflicts arise in schedules
in schools with school-wide ELD, is ELD or SPED
the priority?
 Considerations
 What are the student’s needs?
 How can the students needs be met while
working in a context that presents scheduling
conflicts?
 What resources?
 Is it an either or? If student’s needs are both,
then a model of collaboration will have to be
relied on.
When I asked this question to the OCR in
Seattle, here is what they answered:
“A student must receive ELL services even
though the scheduling may be inconvenient
or result in two “pull outs.”
 There are, however, better ways than two
“pull outs.”
 We need flexible, collaborative service
delivery models.
OCR also states:
 Under Section 504 and Title VI, a student’s
language proficiency and ELL status is part
of a student’s cultural background that
needs to be considered in order to make
appropriate special education evaluation
and placement determinations.
Examples of Possible
Service Delivery of both ELD
and SPED
 During ELD instruction, a special
education teacher, or assistant under the
direction of the teacher, can provide
support by modifying the assignment,
providing additional directions and
frequent comprehension checks, be a
scribe…
 This model could also be used within the
general education classroom.
Examples of Possible
Service Delivery of both ELD
and SPED
 Special education staff would need
professional development in ELD
strategies instruction, second language
acquisition, and culturally responsive
pedagogy.
 ELD staff would need some professional
development in special education
strategies and instruction.
Where Does Instruction in
ELL and Sped Take Place?
 Current Title III state mandates require that
ELL students receive systematic instruction in
English language development from an
appropriately certified teacher.
 Thus, a ELD push-in into a special education
classroom is not an option.
 However, special education services are
frequently provided in an inclusive or push-in
model.
 What can be worked out in your setting?
Program Planning
 Considering the language needs of the student
means the collaborative team determines:
 How and from which instructor(s) the student will
receive ELD and core academic subjects
 How the student will receive specially designed
academic instruction in English (SDAIE)
 To what degree does the student need bilingual
support or instruction to access core curriculum
 The team must consider the language the students
will hear and need to use at home and how the child
will communicate with the family
OCR says…
 Procedures must ensure that ELL/SPED
students are not removed, nor denied,
ELL or special education services for
administrative reasons unrelated to a
student’s educational needs.
To Ensure that ELL Students are
Appropriately Placed into Special
Education…
 Involve ESL/Bilingual staff as soon as
possible
 Assess student’s acquisition of English
over time and current proficiency in L1
and L2
 Gather input from parents
 Examine the student’s developmental
and educational history
Question 12
If a student’s IEP specifically mentions
that the state assessments will be read
aloud to them, which is a modification
and not an accommodation, how is that
addressed for the ELPA? Would it
invalidate parts of the test such as the
reading portion?
Accommodating the ELPA
 ELPA Accommodations:
 http://www.ode.state.or.us/search/page/?=487
 ELPA Guidance. IEP teams must make some
specific decisions about the provisions of ELPA
because of its unique administration:
http://www.ode.state.or.us/teachlearn/testing/a
dmin/ell/elpa_participation_guidance_09update
.pdf
The same universal modifications are
available to all students, including ELLS
as deemed needed by the teacher.
 Extended testing time (on same day)
 Separate location or study carrel
 Preferential seating
 Special lighting
 Student wears noise buffers after
directions




Special furniture or pencil
Familiar test administrator*
Repeat directions
Color Overlay
This may mean more people need to be
trained to be administrators of ELPA to fully
serve our special student population.
Lane County Questions
In light of what you have just heard, how would you respond now to
the questions coming out of your district?
 1. What test would you recommend for us to use to identify/qualify
and exit special ed. children from the ELD program?. Specifically
the children who are in self-contained classrooms (Academic
Learning Centers, Structured Learning Center, SED, Autism and
Life Skills). Currently, we are using the PreLAS for Kindergarten
and Woodcock Munoz for grades 1-12 to qualify them for ELD and
the ELPA to exit them from ELD.
 2. How can we best serve these children and their special needs
in our ELD program?
ODE Responses
 1.ODE/IDEA do not have a specific test that will inform
an ELD team to make exit decisions. In fact no one test
should ever be relied on solely to make critical and
high stakes decisions for students. Team process and
data-based decisions are always critical. Refer to
previous slide on “Normal Progression through the
Language Stages” for a general guideline.
 2. Collaboration, professional development, studentbased decision-making.
Remember…
Small steps can create a
solid path.
Reporting Issues
For reporting purposes, observe the following
protocol:
 the LEP flag in the student file format core is turned
off (N) the year after ELL/SpEd students are no
longer served in the ELD program
 ELL/SpEd students are reported in the NCLB
Spring LEP collection 2008-09 if they were served
at any time during the current school year
 ELL/SpEd students are not required to take ELPA if
the agreement about suspending these students
from the ELD program is reached before the end of
the current school year.
Reporting Issues
• Also, as with regular education ELL
students, ELL/SpEd students are eligible
for re-entry into the ELD program when
or if the SpEd/ELD school team agrees
that the student may benefit from
participation in the school’s ELD
program.
Reporting Issues
 Dual identified students as English Language
Learners and who are also served in the Special
Education program:
 Who have documented evidence that further
participation in the ELD program no longer benefits
the student, and
 When school teams, that include ELD and SpEd
staff, are in agreement that suspending ELD
services is in the best interest of the student, and
 When the student’s parents are not only informed
but have participated in the decision making
process …
In Summary…
Professional development and service
delivery models must emphasize a crossdisciplinary and collaborative approach
so that all students can realize the
American dream.
Resources
 ELPA Guidance:
http://www.ode.state.or.us/teachlearn/testing/admin/ell/elp
a_participation_guidance_09update.pdf
 NCCREST Resource:
http://www.nccrest.org/
 WOU Best Practice:
http://www.tr.wou.edu/eec/documents/Final%20Draft%20
CLD%202007%20Complete.pdf
 National Center on Response to Intervention
http://www.rti4success.org/
 A Cultural, Linguistic, and Ecological Framework for
Response to Intervention with English Language Learners
http://www.nccrest.org/publications/briefs.html
 Professional Development articles/discussion
http://www.niusileadscape.org/bl/
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