1. English Learner Students with Disabilities
Fall 2014
Office of Learning
Equity, Assessment, and Student Services Units

2. 2014 Collaborative Federal Programs Conference
Qs and As on EL SWDs
Questions and Answers on English Learners (ELs) with Disabilities (SWD)
2014 Collaborative Federal Programs Conference
July 25, Mayflower Hotel
Supreet Anand, Supervisor, Title III State Consolidated Grant Group
Ruth Ryder, Deputy Director, Office of Special Education Programs
Millie Bentley-Memon, Education Program Specialist, Title III State Consolidated Grant Group
Rhonda Weiss, Attorney, Office of the General Counsel
Jane Simons, Attorney, Office of the General Counsel
U.S. Department of Education
7/25/14 Joint Federal Programs Conference

3. Qs and As on EL SWDs
Contributing Offices
Student Achievement and School Accountability (SASA),
Office of Elementary and Secondary Education
Office of Special Education and Rehabilitative Services
Office for Civil Rights
Office of Policy, Evaluation, and Program Development
Office of English Language Acquisition
Office of the General Counsel
7/25/14 Joint Federal Programs Conference

4. Qs and As – Purpose & Scope
Qs and As on EL SWDs
Qs and As – Purpose & Scope
Purpose – to help States and LEAs address challenges of:
1) Ensuring all ELs with disabilities participate in the annual State ELP assessment;
2) Ensuring that the ELP assessment accurately measures the ELP of SWDs, including providing where necessary:
Appropriate accommodations for the annual ELP assessment and
Implementing alternate assessments if a student cannot take the regular ELP assessment with accommodations; and
3) Determining how to include ELP assessment results for ELs with disabilities in making Title III accountability determinations.
7/25/14 Joint Federal Programs Conference

5. Qs and As on EL SWDs
Qs and As - Definitions
The ESEA defines the term “limited English proficient” (LEP) in part as students “…whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the ability to meet the State's proficient level of achievement on State assessments…” (ESEA section 9101(25).)
The IDEA defines a student with a disability as a child evaluated in accordance with 34 CFR §§ through as having mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services. (Part B of the IDEA 34 CFR §300.8.)
7/25/14 Joint Federal Programs Conference

6. General Obligations – Federal Requirements
Qs and As on EL SWDs
General Obligations – Federal Requirements
States must assess the ELP of all ELs
All SWDs must be included in general State assessments
All ELSWDs must be included in annual ELP assessments
7/25/14 Joint Federal Programs Conference

7. Oregon Data (13/14 LEP collection SPED Flag = Y)53
Oregon Data (13/14 LEP collection SPED Flag = Y)
Total ELs 57,376
Total ELs with SPED Flag = Y
10,200
(17.78%)

8. Oregon Data (13/14 LEP collection SPED Flag = Y)
43,655 ELs grades K-5
6,149 K-5 SPED flag = yes (14.1%)

9. Oregon Data (13/14 LEP collection SPED Flag = Y)
7,538 ELs grade 6-8
2,524 ELs with SPED flag = Yes
33.48%

10. Oregon Data (13/14 LEP collection SPED Flag = Y
6,183 ELs grades 9-12
1,527 ELs with SPED Flag = Yes
24.7%

11. General Obligations – Participation in ELP Assessment*
Qs and As on EL SWDs
General Obligations – Participation in ELP Assessment*
EL SWDs participate in the ELP assessment as determined by their IEP Teams:
a) in the regular ELP assessment with no
accommodations,
b) in the regular ELP assessment with one or more accommodations as indicated in the IEP; or
c) in an alternate assessment, if the IEP Team determines the student cannot participate in the regular ELP assessment even with accommodations.
*Per USDOE
7/25/14 Joint Federal Programs Conference

12. Role of the IEP Team – Responsibilities
Qs and As on EL SWDs
Role of the IEP Team – Responsibilities
The IEP Team makes decisions about what is in the IEP of each
EL with a disability.
This includes details about any accommodations needed, or alternate assessment if needed.
7/25/14 Joint Federal Programs Conference

13. Role of the instructional staff – Responsibilities
Qs and As on EL SWDs
Role of the instructional staff – Responsibilities
Once the IEP decisions have been made, including accommodations for each ELSWD, the team should communicate to the student’s teachers.
The plan for the student that is sent to the teachers should include assessment and other techniques that will be also used during testing so that the student can make those practices a daily occurrence.
7/25/14 Joint Federal Programs Conference

14. The IEP Team - Membership
Qs and As on EL SWDs
The IEP Team - Membership
Parents
Public agency representative
Evaluation personnel, who may be another member of the IEP Team, other individuals at the discretion of the parent or agency
The child
(if appropriate)
Special ed. teachers
or providers
Regular ed. teachers

15. Role of the IEP Team – Assessment Participation
Qs and As on EL SWDs
Role of the IEP Team – Assessment Participation
Can the IEP Team state in an IEP that an EL with a disability will not participate in the annual State ELP assessment? All ELs must participate in the annual State ELP assessment, with or without accommodations, or must take an appropriate alternate assessment, if necessary.
NO.
7/25/14 Joint Federal Programs Conference

16. Accommodations for the ELP Assessment
Qs and As on EL SWDs
Accommodations for the ELP Assessment
IEP Team decides which accommodations on a case-by-case basis.
IEP Team considers the student’s language needs as they relate to that IEP.
Accommodations on the ELPA should be the same as those used in the classroom.
Accommodations could be specified for just one part of the ELP assessment or for the entire ELP assessment.

17. Individualized Considerations
First determine if the student has productive and/or receptive language skills (In primary language and in English).
This could be a combination of limited productive and/or receptive skills that the student uses to communicate at home and at school
Based on that determination – decide which ELPA language domain(s) would be most appropriate for the student.
Then apply the designated supports for the student allowable based on the Oregon Accessibility Manual

18. Example 1 – Deaf or Hard of Hearing
An English learner who is deaf or hard of hearing can participate in the ELPA with accommodations.
First, (depending on hearing ability or lack thereof) adjust the volume on the computer to the highest setting. Does this make the assessment accessible? If yes, the student could be able to participate in at least 3 domains.
Note that the setting for the student’s ELPA might need to be personalized if the very high volume disturbs other test takers (This is a non-embedded designated support, Table 4 ELPA in OAM).
Second, determine if the student speaks using verbal language. If yes, student could be able to participate in the Speaking domain as well.
If both of these situations are “yes,” then student would be exempted ONLY from the Listening domain.

19. Example 1 Continued: Deaf or Hard of Hearing
If adjusting the speakers does not make the assessment accessible, and if the student does not produce verbal language, the student would still be able participate in the Reading and Writing domains.
In this situation, student would be exempted from both the Listening and Speaking domains but would fully participate in Reading and Writing domains.
Once the correct domains are determined, refer to the Oregon Accessibility Manual to personalize the supports for this student.

20. Example 2 – Visually Impaired/Blind
An English learner who is visually impaired/blind can participate in the ELPA with accommodations.
Adjust the screen magnification to the maximum setting for the student who is visually impaired. Does this accommodation makes the assessment accessible?
If yes, the student should be able to participate in all domains.
Use of projection (Non-embedded Designated Support, Table 4 ELPA). Does the use of an allowed visual magnification device make the assessment accessible?
If screen magnification does not make the assessment accessible, the student can still participate in the listening and speaking domains.
Once the correct domain(s) are determined, refer to the Oregon Accessibility Manual to personalize the supports for this student.

21. Example 3: Life-skills Student
A student who is in a life skills class can participate in ELPA.
First determine the receptive and/or productive language skills:
If receptive skills – the student can participate in listening
If productive skills – the student can participate in speaking and writing
If both – the student should participate in all appropriate domains
Considerations
The IEP may need to include making a choice from 4 options (i.e., a/b/c/d on a multiple choice question) as one of the student’s goals.
The IEP may need to include practice speaking into a microphone or other device with TA assisting with starting/stopping as allowed.
The student should participate in the proctored practice test, possibly multiple times, prior to the operational assessment.

22. Test Administrator Assistance
A test administrator (TA) is permitted to use the mouse to select a student’s response and drag/drop for any student who is unable to use the mouse as long as the TA selects only the response the student indicates (see Section 8.0 of Test Administration Manual, Table 18).
Students can point to their selection on the screen, tell the TA, or any other method of communicating a choice to the TA which item to choose (see Section 8.0 of Test Administration Manual, Table 18).
New Designated Support: Based on the nature of a disability, the TA may initiate clicking of all audio icons (see Table 4 ELPA of the Oregon Accessibility Manual).
For these options, the student’s IEP should include this practice in the student’s daily instructional program.

23. Other Thoughts to Consider
Pause the ELPA often
There are 45 days to complete the assessment once it starts.
Use the Proctored Practice Test (more information follows)
This allows you to practice only the specific language domains with the student. Note: Domain exemptions must be set in TIDE prior to the practice test administration for this to work properly.
Make sure to provide plenty of time for the student and TA to become familiar with the ELPA testing environment.
Consider testing these students later in the testing window to provide additional practice time (in class and in the ELPA practice environment).
The test window will close on April 15, 2015.
Think about how we can to make this assessment accessible, not about what a student can’t do.

24. Proctored Practice Test Sessions
Great for finding out what accessibility supports a student needs
Great to practice printing of reading passages
Excellent for practicing with students who have domain exemptions, because they will see only the domains they are eligible for during Practice
Students log in with their individual SSIDs, so they can pause the practice test and not have to start over each time (Proctored practice tests means there is a test session with a TA approving the practice tests)

25. TA screen for a Test Session

26. Student with 1 domain exemption

27. Student with 2 domain exemptions

28. Qs and As on EL SWDs
Exit from EL Status
EL SWD can be “exited” from EL status when he/she no longer meets the definition of an EL.
There is no provision in the IDEA that would authorize the IEP Team to remove the “EL” designation before the student has attained English proficiency.
7/25/14 Joint Federal Programs Conference

29. Oregon Reminder– this is not “suspension of services”
Exiting an English Learner student with disability from ELD services is not “suspending” ELD services.
Exiting is determined when a student has obtained academic English proficiency, based on the district’s EL plan (Section 6).
“Suspension of services” is a practice that is not endorsed by ODE and is in conflict with OCR.

30. Qs and As on EL SWDs
AMAOs – AMAOs 1, 2, & 3
AMAOs 1 and 2: ELP assessment results for all EL SWDs must be included.
AMAO 3: ELP assessment results not included.
Title I regulations on the 1.0 percent cap:
do not apply to ELP assessments, and
do not apply to AMAOs 1 and 2.
7/25/14 Joint Federal Programs Conference

31. Next steps - OREGON
ODE staff are working together to create resources to assist districts with supporting ELSWD.
District staff are asked to forward student scenarios to ODE to be included in the document.
Please include your student-specific plans for assessing the students mentioned in the scenarios (but remember to keep all information impersonal and personally unidentifiable).
Please send these scenarios to Kim Miller

32. For more information ELSWD Web page Student Services Web page
Student Services Web page
Oregon Accessibility Manual link

33. Who to contact for questions
For questions on English Learner Students with Disabilities contact
EL contact
Kim Miller
Student Services contact
Mitch Kruska