Separating Difference from Disability Credit to Dr. Catherine Collier

Why Are We Here?

We are growing 2007 - 2008 1,150 ELLs 40 languages 2012 - 2013

Number of students by language

ELL Qualified Compared to Dually Qualified

I Grant Disproportionality Data Hispanic Weighted risk factor Hispanic Autism Comm EBD HI SLD ID 2007-2008 0.57 0.91 0.36 0.81 1.52 1.06 2008-2009 0.44 0.88 0.35 0.98 1.56 0.75 2009-2010 0.18 0.87 0.23 0.78 1.69 1.1 2010-2011 0.38 1.02 0.32 0.83 1.74 2011-2012 0.41 0.97 0.51 0.56 1.46 1.18 Comm: Communication EBD: Emotional Behavior Disorder HI: Health Impaired SLD: Specific Learning Disability ID: Intellectually Disabled

Rationale for General Education Intervention Team To prevent disproportionality based on race or ethnicity To prevent disproportionate representation of students in special education generally and inappropriate identification To continuously monitor progress, which is required for all students by district, state and federal procedures To help identify targeted intervention strategies To ensure that data supports appropriate referral for special education consideration Adapted from Julie Weatherly, LLP, Atlanta, Georgia 2009 Northwest Institute on Special Education Law: A review of recent court cases

Placement in ELL Home Language Survey identifies students with a native language other than English Student’s level of English is assessed using the Washington English Language Proficiency Assessment (WELPA) screener Student qualifies if score is at Level 1, 2, or 3. WELPA administered annually until student exits at Level 4.

A Quote from Research One of the most common reasons for referrals to special education has been limited English proficiency (Maldonado-Colón, 1986). This is the case despite the fact that limited English proficiency, when it stems from the presence of a non-English language in the child's home, has, in and of itself, no negative effects on learning. … When, however, no accommodations are made to a child's lack of proficiency in the language of the early childhood setting, children are left without means of understanding what is being said or expressing what they need to say. Their performance then becomes similar to that of children with disabilities. SOURCE: Barrera, Isaura (1995). To Refer Or Not to Refer: Untangling the Web of Diversity,"Deficit," and Disability. In: New York State Association for Bilingual Education Journal v10 pp 54-66, Summer 1995

“We acquire language one way-when we understand it (comprehensible input in a low- anxiety environment)”. Stephen Krashen

Listening and Speaking Listening, Speaking, Reading, BICS vs. CALP B I C S Social Language Listening and Speaking 6 months – 2 years Academic Language Listening, Speaking, Reading, and Writing 3 - 9 years C A L P

Stages of Second Language Acquisition Characteristics Approximate Time Frame Preproduction Minimal comprehension Does not verbalize 0 – 8 months Early Production Limited comprehension, one or two-word responses, key words and familiar phrases, present tense 6 months – 1 year Speech Emergence Good comprehension Simple sentences, grammar and pronunciation errors, misunderstands jokes 1 – 3 years Intermediate Fluency Excellent comprehension Few grammatical errors 3 – 5 years Advanced Fluency Near-native level of speech 5 – 7 years

Beginning/ Advanced Beginning Natural Progression of Language Acquisition De Avila L 2 Ability WELPA 1 WELPA 2 WELPA 3 WELPA 4 Beginning/ Advanced Beginning Intermediate Advanced Transitional Listening Speaking Writing Reading Time

Proficiency Levels Level 1 Beginning/ Advanced Beginning Student: Use native language as much as possible (in all four domains) Teacher: Use TPR Use realia and visuals Modeled reading (books on CDs, read aloud, shared reading) Advanced graphic organizers Yes/No, Either/Or questions Daily listening and speaking activities Level 2 Intermediate Student: Use native language as needed Shared reading, guided reading, independent reading What, When, Where, Why, How, Either/Or questions Level 3 Advanced Guided reading, independent reading Higher level thinking questions

English Language Development Standards http://standards.ospi.k12.wa.us/ResourcesOfGLE.aspx?subject=1,GLE&gl=4&ea=2&co=6&gle=79

10:2 If you speak another language, which stage would you say you are at? OR Think of an ELL student you work with – which stage is s/he currently in? BICS - interpersonal vs CALPS - academic

Role of General Education Intervention Team Support general education teacher in the development and implementation of interventions for students experiencing difficulties Evaluate factors related to the child’s learning Evaluate the child’s response to interventions; modify interventions as necessary To ensure that data supports appropriate referral for special education consideration

Intervention Process Overview

Four step chart Step 1: Formative Step 2: Implement Interventions Referral to General Ed Intervention Team Step 4: Referral to Special Education Team 1. Complete a Parent Interview to determine: Developmental history Student’s native language Other languages spoken by the student and/or in the home Formal education in the native language Native language literacy Parental education level 2. Review student file to determine: Years learning English Attendance history 3. Determine the ELL support provided: What ELL support services have been provided? Does the teacher use strategies to support ELLs (i.e., GLAD, visuals, etc.)? Does the student use Imagine Learning English consistently? (Provided for L1 and L2 students.) 4. Consider the student’s level of English Language Acquisition: Review the stages of language acquisition Have the ADEPT administered1 Complete the SOLOM 1. Identify the area of concern: Determine the specific area of need to target 2. Implement research based interventions Target the area of need for 4-6 weeks 3. Monitor and document progress for 4-6 weeks   After 6-weeks of intervention 1. If progress is made, continue the intervention, no further referral necessary at this time (OR) 2. If no progress is made more interventions are necessary, continue to step 3, refer to General Education Intervention Team. 1. The team reviews: Information from the parent interview Student’s current level of language acquisition (SOLOM, ADEPT) Previously implemented interventions Initial work samples compared to current work samples 2. Complete Critical Data Matrix for ELL Student of Concern Consult a district ELL Coach for support with items 14, 162 3. The team analyzes the Matrix, and either: The data supports more interventions, refer to step 2 Or The data supports a referral to the Special Education team for further review, refer to step 4 Before determining an ELL student will be evaluated for special education, the following questions must be addressed: 1. Has the ELL coach/ facilitator been involved in the stepped intervention process? 2. Has the student had sufficient time to adjust to a new physical and cultural setting? 3. Has the student had appropriate instruction in reading and math, aligned to the state expectations? 4. Do the concerns exist in the student’s native language? 5. Is the student’s progress significantly different from that of peers who started at about the same level of English proficiency and have had comparable instruction? 6. Can problematic behaviors be explained by cultural differences or bias? 7. Have modifications or accommodations to student instruction been made and tracked in the regular education setting? If any of the above answers are “No”, go back to prior steps with the general education team.

Four step chart – Step 1 Step 1: Formative Step 2: Implement Interventions Step 3: Referral to General Ed Intervention Team Step 4: Referral to Special Education Team 1. Complete a Parent Interview to determine: Developmental history Student’s native language Other languages spoken by the student and/or in the home Formal education in the native language Native language literacy Parental education level 2. Review student file to determine: Years learning English Attendance history 3. Determine the ELL support provided: What ELL support services have been provided? Does the teacher use strategies to support ELLs (i.e., GLAD, visuals, etc.)? Does the student use Imagine Learning English consistently? (Provided for L1 and L2 students.) 4. Consider the student’s level of English Language Acquisition: Review the stages of language acquisition Have the ADEPT administered1 Complete the SOLOM 1. Identify the area of concern: Determine the specific area of need to target 2. Implement research based interventions Target the area of need for 4-6 weeks 3. Monitor and document progress for 4-6 weeks   After 6-weeks of intervention 1. If progress is made, continue the intervention, no further referral necessary at this time (OR) 2. If no progress is made more interventions are necessary, continue to step 3, refer to General Education Intervention Team. 1. The team reviews: Information from the parent interview Student’s current level of language acquisition (SOLOM, ADEPT) Previously implemented interventions Initial work samples compared to current work samples 2. Complete Critical Data Matrix for ELL Student of Concern Consult a district ELL Coach for support with items 14, 162 3. The team analyzes the Matrix, and either: The data supports more interventions, refer to step 2 Or The data supports a referral to the Special Education team for further review, refer to step 4 Before determining an ELL student will be evaluated for special education, the following questions must be addressed: 1. Has the ELL coach/ facilitator been involved in the stepped intervention process? 2. Has the student had sufficient time to adjust to a new physical and cultural setting? 3. Has the student had appropriate instruction in reading and math, aligned to the state expectations? 4. Do the concerns exist in the student’s native language? 5. Is the student’s progress significantly different from that of peers who started at about the same level of English proficiency and have had comparable instruction? 6. Can problematic behaviors be explained by cultural differences or bias? 7. Have modifications or accommodations to student instruction been made and tracked in the regular education setting? If any of the above answers are “No”, go back to prior steps with the general education team.

Four step chart – Step 2 Step 1: Formative Step 2: Implement Interventions Step 3: Referral to General Ed Intervention Team Step 4: Referral to Special Education Team 1. Complete a Parent Interview to determine: Developmental history Student’s native language Other languages spoken by the student and/or in the home Formal education in the native language Native language literacy Parental education level 2. Review student file to determine: Years learning English Attendance history 3. Determine the ELL support provided: What ELL support services have been provided? Does the teacher use strategies to support ELLs (i.e., GLAD, visuals, etc.)? Does the student use Imagine Learning English consistently? (Provided for L1 and L2 students.) 4. Consider the student’s level of English Language Acquisition: Review the stages of language acquisition Have the ADEPT administered1 Complete the SOLOM 1. Identify the area of concern: Determine the specific area of need to target 2. Implement research based interventions Target the area of need for 4-6 weeks 3. Monitor and document progress for 4-6 weeks   After 6-weeks of intervention 1. If progress is made, continue the intervention, no further referral necessary at this time (OR) 2. If no progress is made more interventions are necessary, continue to step 3, refer to General Education Intervention Team. 1. The team reviews: Information from the parent interview Student’s current level of language acquisition (SOLOM, ADEPT) Previously implemented interventions Initial work samples compared to current work samples 2. Complete Critical Data Matrix for ELL Student of Concern Consult a district ELL Coach for support with items 14, 162 3. The team analyzes the Matrix, and either: The data supports more interventions, refer to step 2 Or The data supports a referral to the Special Education team for further review, refer to step 4 Before determining an ELL student will be evaluated for special education, the following questions must be addressed: 1. Has the ELL coach/ facilitator been involved in the stepped intervention process? 2. Has the student had sufficient time to adjust to a new physical and cultural setting? 3. Has the student had appropriate instruction in reading and math, aligned to the state expectations? 4. Do the concerns exist in the student’s native language? 5. Is the student’s progress significantly different from that of peers who started at about the same level of English proficiency and have had comparable instruction? 6. Can problematic behaviors be explained by cultural differences or bias? 7. Have modifications or accommodations to student instruction been made and tracked in the regular education setting? If any of the above answers are “No”, go back to prior steps with the general education team.

Implement an intervention for 4 – 6 weeks Adjust Monitor

Four step chart – Step 2 Step 1: Formative Step 2: Implement Interventions Step 3: Referral to General Ed Intervention Team Step 4: Referral to Special Education Team 1. Complete a Parent Interview to determine: Developmental history Student’s native language Other languages spoken by the student and/or in the home Formal education in the native language Native language literacy Parental education level 2. Review student file to determine: Years learning English Attendance history 3. Determine the ELL support provided: What ELL support services have been provided? Does the teacher use strategies to support ELLs (i.e., GLAD, visuals, etc.)? Does the student use Imagine Learning English consistently? (Provided for L1 and L2 students.) 4. Consider the student’s level of English Language Acquisition: Review the stages of language acquisition Have the ADEPT administered1 Complete the SOLOM 1. Identify the area of concern: Determine the specific area of need to target 2. Implement research based interventions Target the area of need for 4-6 weeks 3. Monitor and document progress for 4-6 weeks   After 6-weeks of intervention 1. If progress is made, continue the intervention, no further referral necessary at this time (OR) 2. If no progress is made more interventions are necessary, continue to step 3, refer to General Education Intervention Team. 1. The team reviews: Information from the parent interview Student’s current level of language acquisition (SOLOM, ADEPT) Previously implemented interventions Initial work samples compared to current work samples 2. Complete Critical Data Matrix for ELL Student of Concern Consult a district ELL Coach for support with items 14, 162 3. The team analyzes the Matrix, and either: The data supports more interventions, refer to step 2 Or The data supports a referral to the Special Education team for further review, refer to step 4 Before determining an ELL student will be evaluated for special education, the following questions must be addressed: 1. Has the ELL coach/ facilitator been involved in the stepped intervention process? 2. Has the student had sufficient time to adjust to a new physical and cultural setting? 3. Has the student had appropriate instruction in reading and math, aligned to the state expectations? 4. Do the concerns exist in the student’s native language? 5. Is the student’s progress significantly different from that of peers who started at about the same level of English proficiency and have had comparable instruction? 6. Can problematic behaviors be explained by cultural differences or bias? 7. Have modifications or accommodations to student instruction been made and tracked in the regular education setting? If any of the above answers are “No”, go back to prior steps with the general education team.

Four step chart – Step 3 Step 1: Formative Step 2: Implement Interventions Step 3: Referral to General Ed Intervention Team Step 4: Referral to Special Education Team 1. Complete a Parent Interview to determine: Developmental history Student’s native language Other languages spoken by the student and/or in the home Formal education in the native language Native language literacy Parental education level 2. Review student file to determine: Years learning English Attendance history 3. Determine the ELL support provided: What ELL support services have been provided? Does the teacher use strategies to support ELLs (i.e., GLAD, visuals, etc.)? Does the student use Imagine Learning English consistently? (Provided for L1 and L2 students.) 4. Consider the student’s level of English Language Acquisition: Review the stages of language acquisition Have the ADEPT administered1 Complete the SOLOM 1. Identify the area of concern: Determine the specific area of need to target 2. Implement research based interventions Target the area of need for 4-6 weeks 3. Monitor and document progress for 4-6 weeks   After 6-weeks of intervention 1. If progress is made, continue the intervention, no further referral necessary at this time (OR) 2. If no progress is made more interventions are necessary, continue to step 3, refer to General Education Intervention Team. 1. The team reviews: Information from the parent interview Student’s current level of language acquisition (SOLOM, ADEPT) Previously implemented interventions Initial work samples compared to current work samples 2. Complete Critical Data Matrix for ELL Student of Concern Consult a district ELL Coach for support with items 14, 162 3. The team analyzes the Matrix, and either: The data supports more interventions, refer to step 2 Or The data supports a referral to the Special Education team for further review, refer to step 4 Before determining an ELL student will be evaluated for special education, the following questions must be addressed: 1. Has the ELL coach/ facilitator been involved in the stepped intervention process? 2. Has the student had sufficient time to adjust to a new physical and cultural setting? 3. Has the student had appropriate instruction in reading and math, aligned to the state expectations? 4. Do the concerns exist in the student’s native language? 5. Is the student’s progress significantly different from that of peers who started at about the same level of English proficiency and have had comparable instruction? 6. Can problematic behaviors be explained by cultural differences or bias? 7. Have modifications or accommodations to student instruction been made and tracked in the regular education setting? If any of the above answers are “No”, go back to prior steps with the general education team.

10:2 Discuss your experience with or reactions to the four step chart

The Matrix Provides a structure for organizing information about the student which should be considered prior to referral Visually organizes the information which supports referral and/or supports more intervention Focuses team on “Red Flag” issues Designed to be used by a team – at both data gathering and decision making

Separating Difference from Disability: A Matrix for Supporting Quality Decisions

The Matrix: Decision Point #1 Developmental History Does the information provided by parents support a history of developmental issues? If there is no history of developmental delay(s), place a mark toward more interventions. If there is a history of developmental delay(s), place a mark toward referral.

The Matrix: Decision Point #2 Student’s Native Language Take into consideration the transparent or non-transparent nature of the native language. If the native language is transparent in nature, place a mark toward more interventions. If the native language is non-transparent in nature, place a mark toward referral. See LanguageTransfer resource by Rigby.

The Matrix: Decision Point #3 Other Languages Spoken by Student If student has multiple languages that he/she speaks, it is reasonable to expect average to above average learning of English. If the student has learned multiple languages and is struggling to learn English, it is likely that a better understanding of reason for difficulty is needed. Place a mark toward more interventions.

The Matrix: Decision Point #4 Multiple Languages Spoken in Home If multiple languages are spoken in the home of the student and the student is 6-years-old or younger, it can have an impact on the usage of language. If the student is 6 years old or younger, place a mark toward more interventions. If the student is older than 6 and still struggles between languages, place a mark toward referral.

The Matrix: Decision Point #5 Formal Education in Native Language If student has not received expected years of education in the native language the student will not (in all likelihood) have the structures of language relative to academic learning and the experience of how to function in a school setting. If a student has had formal education in their native language and shows mild to moderate issues learning English, place a mark toward more interventions. If the student has had formal education and shows extreme issues learning English, place a mark toward referral.

The Matrix: Decision Point #6 Student Literacy in the Native Language If the student did not learn to read in the native language, then we are trying to teach the process of reading while teaching a new language, which slows the learning process. If the child did not learn to read in their native language, place a mark toward more interventions. If the student did learn to read in their native language, place a mark toward referral

The Matrix: Decision Point #7 Parental Education in the Native Language Parental education in native language can impact the student’s vocabulary and language structures. If the parent has limited literacy in their native language, place a mark toward more interventions. If the parent is well educated and literate in their native language, place a mark toward referral.

The Matrix: Decision Point #8 Parent Interview The parent interview provides information regarding where they were born, when the student began school, years of education, the student’s performance in school (if applicable), retentions, previous areas of difficulty, the family history of learning, and behavioral norms for students/children. If the information shows the student is a capable learner historically, place a mark toward more interventions. If the student has a history of learning issues, place a mark toward referral.

The Matrix: Decision Point #9 Years Learning English The research in clear that a student who is receiving a strong ELL program takes an average of 5-7 years to have academic language needed to compete / learn in the education setting at a rate similar to non-ELL students. If the student has less than 5-7 years learning English, place a mark toward more interventions. If the student has more than 5-7 years learning English, place a mark toward referral.

The Matrix: Decision Point #10 Attendance History Any student who has three or more unexcused absences per year or a total of 15 excused or unexcused absences per year is outside the norm and this negatively impacts their learning. If the student has poor attendance, place a mark toward more interventions. If the student has good attendance, place a mark toward referral.

The Matrix: Decision Point #11 Approach to ELL Services Has the student received direct ELL support, indirect support, or no support within the general classroom? Has the student received supplemental support beyond the classroom? What was the intensity of the services? Does the school have strong overall usage of GLAD or SIOP strategies? If the services have not been consistent and/or intensive, place a mark toward more interventions. If the student has had intensive and consistent ELL services, place a mark toward referral

The Matrix: Decision Point #12 Intervention Description Have there been targeted interventions with pre-assessment, progress monitoring, and post-assessment data? If the interventions have not been targeted to a specific need, place a mark toward more interventions. If the interventions have been targeted, place a mark toward referral.

The Matrix: Decision Point #13 Intervention Based Comparison Student Data Consider the comparison of the growth curves from the targeted interventions. If the curve is similar to the other students or indicates better growth, place a mark toward more interventions. If the curve indicates notably slower growth, place a mark toward referral.

The Matrix: Decision Point #14 Classroom Observation If the student has a history of being engaged in the learning process yet is not appearing to learn at the rate of their peers, then that provides data to support a learning difficulty. However, a lack of engagement does not provide any specific data. If the student is disengaged and lacks in effort, place a mark toward neutral or more interventions. If the student is engaged and making efforts, place a mark toward referral.

The Matrix: Decision Point #15 Expectations in the Gen Ed Classroom All students should be expected to complete assignments, regardless of language development, at a level appropriate to current skills. If the students has had consistent output and learning rate is still atypical, an evaluation may be indicated. If the student hasn’t had consistent expectations of work production, place a mark toward more interventions. If the student has had consistent work production (not just expectation), place a mark toward referral.

The Matrix: Decision Point #16 Like Peer Analysis The student should be compared to other students of a similar age, language background, and length of time learning English and receiving ELL services, with regard to rate of growth on the WELPA and performance on the state assessments. Is this growth rate significantly different than that of peers? If data indicates performance that is above or same as peers, place a mark toward more interventions. If data indicates performance that is significantly below peers or is inconsistent the mark goes more toward referral.

Appropriate Comparison or Not? ELL 3rd grader to all 3rd graders? ELL to all ELLs in the district? ELL Spanish speaker to all ELL Spanish speakers? ELL to older or younger sibling?

Completed Matrix Sample

Revise to go with practice with matrix GROUP ACTIVITY Revise to go with practice with matrix Share out

Four step chart – Step 4 Step 1: Formative Step 2: Implement Interventions Step 3: Referral to General Ed Intervention Team Step 4: Referral to Special Education Team 1. Complete a Parent Interview to determine: Developmental history Student’s native language Other languages spoken by the student and/or in the home Formal education in the native language Native language literacy Parental education level 2. Review student file to determine: Years learning English Attendance history 3. Determine the ELL support provided: What ELL support services have been provided? Does the teacher use strategies to support ELLs (i.e., GLAD, visuals, etc.)? Does the student use Imagine Learning English consistently? (Provided for L1 and L2 students.) 4. Consider the student’s level of English Language Acquisition: Review the stages of language acquisition Have the ADEPT administered1 Complete the SOLOM 1. Identify the area of concern: Determine the specific area of need to target 2. Implement research based interventions Target the area of need for 4-6 weeks 3. Monitor and document progress for 4-6 weeks   After 6-weeks of intervention 1. If progress is made, continue the intervention, no further referral necessary at this time (OR) 2. If no progress is made more interventions are necessary, continue to step 3, refer to General Education Intervention Team. 1. The team reviews: Information from the parent interview Student’s current level of language acquisition (SOLOM, ADEPT) Previously implemented interventions Initial work samples compared to current work samples 2. Complete Critical Data Matrix for ELL Student of Concern Consult a district ELL Coach for support with items 14, 162 3. The team analyzes the Matrix, and either: The data supports more interventions, refer to step 2 Or The data supports a referral to the Special Education team for further review, refer to step 4 Before determining an ELL student will be evaluated for special education, the following questions must be addressed: 1. Has the ELL coach/ facilitator been involved in the stepped intervention process? 2. Has the student had sufficient time to adjust to a new physical and cultural setting? 3. Has the student had appropriate instruction in reading and math, aligned to the state expectations? 4. Do the concerns exist in the student’s native language? 5. Is the student’s progress significantly different from that of peers who started at about the same level of English proficiency and have had comparable instruction? 6. Can problematic behaviors be explained by cultural differences or bias? 7. Have modifications or accommodations to student instruction been made and tracked in the regular education setting? If any of the above answers are “No”, go back to prior steps with the general education team.

Questions

BLENDING GUIDANCE FROM: KENT SCHOOL DISTRICT