2. CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction Bilingual Coordinators Network September 17, 2010 Margaret Benavides, Special Education Consultant Jane Canty, Administrator English Language Considerations in the Special Education Process

3. JACK O’CONNELL State Superintendent of Public Instruction 2 Presentation Goal To provide an overview of Special Education referral, assessment, and IEP processes that address special factors for consideration when working with English Learners * Legal requirements * Role of RTi * Eligibility * English language development

4. JACK O’CONNELL State Superintendent of Public Instruction Our Responsibilities Students Parents District and State 3

5. JACK O’CONNELL State Superintendent of Public Instruction Students(1) LEAs “must ensure that assessment and other evaluation materials used to assess a child…are provided and administered in the child’s native language…and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless clearly not feasible…” 34 CFR 300.304(c)(1)(ii) 4

6. JACK O’CONNELL State Superintendent of Public Instruction Students(2) General Considerations: developing IEP Child’s strengths Parent concerns Evaluation results Academic, developmental, and functional needs child with limited English proficiency, consider the language needs as those needs relate to the child’s IEP 34 CFR 300.324(a)(1)(2) 5

7. JACK O’CONNELL State Superintendent of Public Instruction Students (3) Each English learner must receive a program of instruction in ELD in order to develop proficiency in English as rapidly and effectively as possible Targeted to English language proficiency Ongoing monitoring of progress (20 USC 1703[f], 6825[c][1][A]; EC 300, 305, 306, 310; 5 CCR 11302[a]; Castañeda v. Pickard [5th Cir. 1981] 648 F.2d 989, 1009–1011) 6

8. JACK O’CONNELL State Superintendent of Public Instruction Students (4) Meaningful access to the core curriculum English learners receive academic instruction to meet the district’s content and performance standards for their respective grade levels in a reasonable amount of time 7

9. JACK O’CONNELL State Superintendent of Public Instruction Parents Receive information in native language Prior written notice Informed consent Parent concerns Participation in decision-making Procedural safeguards and rights 8

10. JACK O’CONNELL State Superintendent of Public Instruction State Education Agency Ensuring compliance with IDEA, its regulations along with state education code and Title 5 regulations: FAPE Child Find LRE IEP Placement 9

11. JACK O’CONNELL State Superintendent of Public Instruction FAPE (Free and Appropriate Public Education) Means special education and related services that— –Are provided at public expense, under public supervision and direction, and without charge –Are in conformity with an IEP (individualized education program) 10

12. JACK O’CONNELL State Superintendent of Public Instruction Local Education Agency (1) Must provide for the education of children with disabilities in the least restrictive environment Early intervening services e.g. RTi Informed parental consent Evaluations Eligibility determination & educational need Parental participation 11

13. JACK O’CONNELL State Superintendent of Public Instruction Local Educational Agency (2) IEP requirements Exceptions IEP to parents in their native language upon request IEP to teachers and others Procedural Safeguards 12

14. JACK O’CONNELL State Superintendent of Public Instruction 13 Assessment (1) Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent, that may assist in determining— –(i) Whether the child is a child with a disability under 34 CFR§300.8; and(i) –(ii) The content of the child's IEP, including information related to enabling the child to be involved in and progress in the general education curriculum(ii)

15. JACK O’CONNELL State Superintendent of Public Instruction 14 Assessment (2) Must not be discriminatory--racially or culturally Is developed using English learners to create norms Is administered in the child’s native language Help assess whether lack of academic achievement is due to limited English proficiency or learning disability

16. JACK O’CONNELL State Superintendent of Public Instruction IEP Decision-making (1) Eligibility Parent input Validity/reliability of assessments Content of IEP Linguistically appropriate goals Language of instruction FAPE and LRE Parental consent 15

17. JACK O’CONNELL State Superintendent of Public Instruction 16 Language Proficiency Assessments Unless the IEP team establishes the need for an alternate English proficiency test, the CELDT must be used as the primary criterion to determine the student’s level of English proficiency. Therefore, the IEP team must determine: –The appropriateness and use of multiple criteria, including CELDT, with or without accommodations –The use of alternate assessments in one or more required domains (listening, speaking, reading and writing) as appropriate

18. JACK O’CONNELL State Superintendent of Public Instruction 17 IEP Team Decision Making (2) The IEP team considers whether student’s lack of progress is possible manifestation of disability or consistent with process of second language acquisition: Team includes a representative with knowledge of second language acquisition and EL services Team considers results of assessment and whether instruments used are valid and reliable for English learners Team includes parents/guardians, and students when appropriate

19. JACK O’CONNELL State Superintendent of Public Instruction 18 IEP Development for English Learners Current levels of performance –Assessment results –Strengths –Areas of need Assessment and classroom accommodations, program supports and modifications (including CELDT / all domains) Linguistically appropriate goals and objectives

20. JACK O’CONNELL State Superintendent of Public Instruction IEP Content Academic goal development including standards based goals Student services in order to provide “specially designed academic instruction” needed to access and make progress in the core curriculum –Authorized special education services and ELD services and instruction provided by both general education and special education personnel 19

21. JACK O’CONNELL State Superintendent of Public Instruction 20 Linguistically Appropriate Goals (1) Linguistically and culturally appropriate IEP goals, objectives, and related services should reflect the current language needs of the English learner in determining the appropriate: –English language development methodology –Access to the core curriculum –Instructional setting

22. JACK O’CONNELL State Superintendent of Public Instruction 21 Linguistically Appropriate Goals (2) Students receive English language services even when they are receiving special education services: –To enable them to acquire proficiency in English –To provide them with meaningful access to the content of the educational curriculum available to all students, including special education and related services

23. JACK O’CONNELL State Superintendent of Public Instruction 22 Linguistically Appropriate Goals (3) When writing goals for students who are English learners receiving special education services, the IEP team must consider the student’s status in: –English language development –English language proficiency in core curriculum participation

24. JACK O’CONNELL State Superintendent of Public Instruction 23 English Language Proficiency Assessment There is no single alternative assessment instrument for measuring language proficiency.

25. JACK O’CONNELL State Superintendent of Public Instruction 24 Reclassification Requirements (1) California Ed Code 313(d) requires: Assessment of English-language proficiency (CELDT) Basic skills performance comparison Teacher evaluation of academic performance Parent opinion and consultation The LEA monitors for a minimum of two years the progress of reclassified pupils.

26. JACK O’CONNELL State Superintendent of Public Instruction 25 Reclassification (2) Blanket alternative reclassification criteria not allowable Required criteria may be adjusted based on individual disability (e.g. hearing impaired student on listening, speaking sections of CELDT).

27. JACK O’CONNELL State Superintendent of Public Instruction 26 Essential Questions Are English Learner (EL) students appropriately identified and placed? Are dual-identified EL students learning English?

28. JACK O’CONNELL State Superintendent of Public Instruction 27 Essential Questions Do IEPs address each EL student’s linguistic and academic needs? Do IEPs specify necessary accommodations and modifications? How are English learners’ needs being met?

29. JACK O’CONNELL State Superintendent of Public Instruction 28 Questions?

30. JACK O’CONNELL State Superintendent of Public Instruction THANK YOU! Jane Canty, Administrator Procedural Safeguards Referral Service Special Education Division (916) 327-4222, jcanty@cde.ca.gov Margaret Benavides, Consultant Procedural Safeguards Referral Service Special Education Division (916) 327-3700, mbenavid@cde.ca.govmbenavid@cde.ca.gov PSRS Parent Help Line: (800) 926-0648 29