1. English Learners (EL) who are Students with Disabilities (SWD) 2010 OSEP Leadership Mega Conference August 5, 2010 Supreet Anand Supervisor Title III Student Achievement & School Accountability (SASA) Office of Elementary & Secondary Education (OESE) USDE

2. (Select) Legal Requirements – Title III All identified limited English proficient (LEP) students in grades K-12 in the State must be annually assessed for English language proficiency. (Section 3113(b)(3)(D)) All local educational agencies (LEAs) that receive a Title III subgrant from the State must provide a language instruction educational program and professional development. (Section 3115(c)(1-2)) All LEP students served under Title III must be included in Title III accountability (annual measurable achievement objectives - AMAOs). (Section 3122(a)(1))

3. (Select) Legal Requirements – Title III Parents of LEP children identified for participation in or participating in Title III must be annually notified regarding: 1)reasons for identification of their child as LEP 2)child’s level of English language proficiency 3)method of instruction in current and other available programs 4)how the program will meet the needs of the child 5)how the program will help the child learn English & meet State standards 6)exit requirements, rate of transition 7)in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and 8)written guidance on parental rights to decline to enroll, immediately withdraw from, or select another program. Section 3302(a)(1-8)

4. (Select) Requirements under IDEA A child should not be considered to be eligible for IDEA Part B just based on his/her limited English proficiency. (Section 300.534) Tests and other evaluation materials used to assess a child under Part B of IDEA must be provided in the child’s native language (unless it is clearly not feasible to do so.) (Section 300.532) Parents must be provided written notice in the native language regarding changes in child identification, evaluation, or placement (unless it is clearly not feasible to do so.) (Section 300.503)

5. (Select) Requirements under IDEA Parents must be provided an interpreter if needed for the IEP meeting. (Section 300.345) Parents must be provided an interpreter if needed for meetings or decision on child educational placement. (Section 300.501) The IEP team must consider how the child’s level of English proficiency affects special education and related services a child needs to receive. (Section 300.346)

6. EL Student Disability Status Source: State-reported data in EDEN for the 08-09 school year

7. EL Student Disability Status by Disability Specific learning disability - 243,228 (53.95%) Speech or language impairment – 103,051 (22.86%) Mental retardation – 32,460 (7.2%) Other health impairment – 21,087 (4.68%) Autism – 14,286 (3.17%) Emotional disturbance – 10,208 (2.2%) Hearing impairment – 7,555 (1.68%) Orthopedic impairment – 5,871 (1.3%) Developmental delay – 5,745 (1.27%) Multiple disabilities – 3,997 (.89%) Visual impairment – 2,028 (.45%) Traumatic brain injury – 1,207 (.27%) Deaf-blindness – 90 (<1%) Source: State-reported data in EDEN for the 08-09 school year

8. EL Student Disability Status by Disability Source: State-reported data in EDEN for the 08-09 school year

9. Challenges – Identification, Instruction, & Assessment Initial identification as LEP and as SWD – over and underidentification Timelines for identification as EL and SWD and student placement Best practice instructional approaches Inclusion of LEP SWD in State English language proficiency assessments Inclusion of LEP SWD in Title III accountability

10. Resources/Promising Practices USDE (August 2009) Implementing RTI Using Title I, Title III, and CEIS Funds: Key Issues for Decision-makers : voiceover PPT presentation http://www2.ed.gov/programs/titleiparta/rti.html http://www2.ed.gov/programs/titleiparta/rti.html Development Associates (2003) Descriptive Study of Services to LEP Students and LEP Students with Disabilities Policy Report: Summary of Findings Related to LEP and SPED-LEP Students http://onlineresources.wnylc.net/pb/orcdocs/LARC_Resources/LEPTopics/ED/Desc riptiveStudyofServicestoLEPStudentsandLEPStudentswithDisabilities.pdf http://onlineresources.wnylc.net/pb/orcdocs/LARC_Resources/LEPTopics/ED/Desc riptiveStudyofServicestoLEPStudentsandLEPStudentswithDisabilities.pdf Janette Klingner, Alfredo J. Artiles, Laura Mendez Barletta (2004) ELLs and Learning Disabilities: A Critical Review of Literature http://www.rti4success.org/images/stories/pdfs/klingner_artiles_barletta.pdf http://www.rti4success.org/images/stories/pdfs/klingner_artiles_barletta.pdf NCEO (2007) English Language Learners with Disabilities in State English Language Proficiency Assessments: A Review of State Accommodation Policies http://www.cehd.umn.edu/NCEO/OnlinePubs/Synthesis66/Synthesis66.pdf http://www.cehd.umn.edu/NCEO/OnlinePubs/Synthesis66/Synthesis66.pdf

11. Questions? Supreet.Anand@ed.gov