Questions and Some Answers on Dual Identified ELLSPED Students

1
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

2
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

3
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 students 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

4
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 short-term objectives)

5
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

6
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 districts 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 students
  English proficiency level
• Progress must be monitored regularly

7
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

8
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

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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 students 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?

• Questions 1- 3

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Considerations

• Individuals responsible for decision-making
  around service provision for ELD should include
  individuals knowledgeable in English language
  proficiency, on the students 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 LEAs reclassification
  criteria?
• Is the continued lack of English proficiency due
  only to the disability?
• Can the student now benefit from English only
  services?

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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 students IEP team which includes
  the parent, involved in this decision?

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Reclassification ELD Program

• Criteria for reclassification in Oregon shall
  include
• (A) Achieving at the Advanced level on the
  States 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.

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Reclassification ELD Program

• General alternative reclassification criteria are
  NOT allowable.
• Each decision would be based on the students
  language and learning needs and made in
  consultation with individuals knowledgeable about
  the students IEP and present levels

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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

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Question 2 If an IEP team believes that ELD is
no longer the best use of the students 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 problem-solving 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?

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Question 2 If an IEP team believes that ELD is
no longer the best use of the students 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 LEAs reclassification
  criteria?
• If the students placement in and services in the
  ELD setting are documented on the students IEP,
  then the decision to suspend the student from the
  services provided in the ELD program must be
  documented on the IEP.

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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.

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What if a students 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 dont speak at all?

• Question 4

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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
• Mothers first language
• Fathers first language
• Students 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?

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• 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.

21
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/downloads/ALPI_Man
  ual.pdf.pdf

22
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?

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• 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.

24

• Individualized instruction within special
  education can continue to adapt the level of
  English as appropriate for the students
  disability.
• The students prior ELL status should be
  documented in subsequent IEPs if the home
  language is other than English.

25
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.

26
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
• Oregons 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.

27
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.

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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?

• Question 9

For the answer- turn first to the Parent
Participation requirements in IDEA and OAR.
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Procedural Safeguards Public agency
responsibilities

• ensure the opportunity for parents to
  participate in meetings related to the childs
  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

30
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

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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.

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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

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OCR says

• Districts must maintain a list of parents who
  need interpreter/translators in order to
  meaningfully participate in their childs
  educational program.
• The districts must have a policy and procedures
  for notifying ELL parents about the availability
  of interpreters/translators.

34

• 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/letters/2007-3/boswell
090407iep3q2007.pdf
35
OCR says

• Districts must establish qualifications and
  competency standards for interpreters.
• Interpreter/translators must be trained around
  issues of confidentiality.

36
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?

• Question 10

37
Normal Progression through Language Stages
38
Additional Best Practice Resources

• NCCREST Resource
• http//www.nccrest.org/
• WOU Best Practice
• http//www.tr.wou.edu/eec/documents/Final20Draft
  20CLD20200720Complete.pdf

39
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 students motivation and attitude?

40
Critical Questions

• How does the student compare with his/her true
  peers?
• What are the students 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?

41
Examples of OCR Findings

• Under Section 504 and Title VI, a students
  language proficiency and ELL status is part of a
  students cultural background that needs to be
  considered in order to make appropriate special
  education evaluation and placement determinations.

42
Question 11 When conflicts arise in schedules in
schools with school-wide ELD, is ELD or SPED the
priority?

• Considerations
• What are the students 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 students needs are both,
  then a model of collaboration will have to be
  relied on.

43

• 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.

44

• OCR also states
• Under Section 504 and Title VI, a students
  language proficiency and ELL status is part of a
  students cultural background that needs to be
  considered in order to make appropriate special
  education evaluation and placement
  determinations.

45
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.

46
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.

47
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?

48
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

49
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 students educational needs.

50
To Ensure that ELL Students are Appropriately
Placed into Special Education

• Involve ESL/Bilingual staff as soon as possible
• Assess students acquisition of English over time
  and current proficiency in L1 and L2
• Gather input from parents
• Examine the students developmental and
  educational history

51
If a students 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?

• Question 12

52
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/admin/ell/elpa_participatio
  n_guidance_09update.pdf

53

• 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

54

• 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.

55
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?  

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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,
  student-based decision-making.

57
Remember

• Small steps can create a solid path.

58
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.

59
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 schools ELD program.

60
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 students parents are not only informed
  but have participated in the decision making
  process

61
In Summary

• Professional development and service delivery
  models must emphasize a cross-disciplinary and
  collaborative approach so that all students can
  realize the American dream.

62
Resources

• ELPA Guidance http//www.ode.state.or.us/teachlea
  rn/testing/admin/ell/elpa_participation_guidance_0
  9update.pdf
• NCCREST Resource
• http//www.nccrest.org/
• WOU Best Practice
• http//www.tr.wou.edu/eec/documents/Final20Draft
  20CLD20200720Complete.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.htm
  l
• Professional Development articles/discussion
• http//www.niusileadscape.org/bl/