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IDEA 2004 and the Special Education Process for Students with Limited English Proficiency

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(C)(ii)(I) who is a Native American or Alaska Native, or a native resident of the ... Lack of instruction I math; or. Limited English proficiency. PL108.446. 30 ... – PowerPoint PPT presentation

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Title: IDEA 2004 and the Special Education Process for Students with Limited English Proficiency


1
IDEA 2004 and the Special Education Process for
Students with Limited English Proficiency
  • PA Training and Technical Assistance Network

2
Agenda
  • I. Background Information.
  • II. IDEA 2004 Evaluation/IEP Process


3
I. Background Information
  • Who are students with LEP?
  • What is required for ELLs PA?
  • Considerations for Second Language Acquisition


4
Who are Students with LEP Limited English
Proficiency?
  • An individual
  • (A) who is aged 3-21
  • (B) Who is enrolled or preparing to enroll in an
    elementary or secondary school
  • (C)(i) who was not born in the United States or
    whose native language is other than English
  • (C)(ii)(I) who is a Native American or Alaska
    Native, or a native resident of the outlying
    areas and
  • (II) who comes from an environment where a
    language other than English has had a significant
    impact on the individuals level of English
    language proficiency or
  • (iii) who is migratory, whose native language is
    a language other than English, and who comes from
    an environment where a language other than
    English is dominant and

5
Who are Students with LEP Limited English
Proficiency? cont.
  • (D) Whose difficulties in speaking, reading,
    writing, or understanding the English language
    may be sufficient to deny the individual-
  • (i) the ability to meet the States proficient
    level of achievement on State assessments
    described in section 111(b)(3)
  • (ii) the ability to successfully achieve in
    classrooms where the language of instruction is
    English or
  • (iii) the opportunity to participate fully in
    society.

6
What is required for ELLs in PA?
  • Every school district shall provide a program
    for each student whose dominant language is not
    English for the purpose of facilitating the
    student's achievement of English proficiency and
    the academic standards under section 4.12
    (relating to academic standards). Programs under
    this section shall include appropriate
    bilingual-bicultural or English as a second
    language (ESL) instruction.

7
What is required for ELLs in PA? , cont.
  • Home Language Survey
  • Three Questions MUST be asked…
  • What was the first language your child learned to
    speak?
  • What language(s) does your child speak at home?
  • What language(s) is spoken in your home?

8
Considerations for Second Language Acquisition.
  • Basic Interpersonal Communication Skills (BICS)
  • Cognitive Academic Language Proficiency (CALP)
  • Acculturation Process

9
BICS Basic Interpersonal Communication Skills
  • Oral communication skills.
  • It will take an LEP student appropriately 1-2
    years to acquire BICS.
  • ESL classes daily for oral communication, and
    reading and writing support are recommended.
  • Second language acquisition must be taught..
  • ALL staff must have expertise in teaching ESL.
  • Do not assume that if the student speaks
    English he/she can be assessed in English.


10
CALP Cognitive Academic Language Proficiency
  • Literacy skills of the students with LEP need to
    be academically at the same level as his/her
    English speaking peers.
  • It takes approximately 5-7 years to acquire CALP.
  • ESL services for reading and writing support are
    recommended.

11
Acculturation Process
  • Our goal is to educate bicultural students who
    can function
  • effectively in two cultures.
  • It takes years to function effectively in two
    cultures
  • Schools must teach expectations of students and
    parents.
  • Schools must see and respect cultural
    differences, and teach expected behaviors.
  • We are educating students to compete in a global
    economy.
  • Teach valuing diversity through Modeling respect
    by and for everyone.
  • Working effectively with other cultures is
    something you learn how to do. All school
    personnel must receive staff development to help
    them improve their skills as individuals and
    professionals.

12
II. IDEA 2004 Students with LEP
  • Part A--General Provisions
  • c) Findings.--Congress finds the following

13
IDEA 2004 Students with LEP Part A-(c)-Findings
  • (10)(A) The Federal Government must be responsive
    to the growing needs of an increasingly diverse
    society.
  • (B) In 2000, 1 of every 3 persons in the United
    States was a member of a minority group or was
    limited English proficient.
  • (C) Minority children comprise an increasing
    percentage of public school students.

14
IDEA 2004 Students with LEP Part
A-(c)-Findings, cont.
  • (11)(A) The limited English proficient population
    is the fastest growing in our Nation

15
(No Transcript)
16
IDEA 2004 Students with LEP Part
A-(c)-Findings, cont.
  • (11)( (B) Studies have documented apparent
    discrepancies in the levels of referral and
    placement of limited English proficient children
    in special education.
  • (C) Such discrepancies pose a special challenge
    for special education in the referral of,
    assessment of, and provision of services for, our
    Nation's students from non- English language
    backgrounds.

17
IDEA 2004 Students with LEP Part
A-(c)-Findings, cont.
  • (18) Limited English proficient.--The term
    limited English proficient' has the meaning
    given the term in section 9101 of the Elementary
    and Secondary Education Act of 1965.

18
IDEA 2004 Part B Assistance for Education of All
Children with Disabilities
  • Section 614 - Evaluations, Eligibility
    Determinations, Individualized Education
    Programs, and Educational Placements.

19
IDEA 2004 Part BSection 602 Definitions (3)
Child with a disability
  • (A) The term child with a disability means a
    child
  • (i) with mental retardation, learning
    impairments (including deafness), speech or
    language impairments, visual impairments
    (including blindness), serious emotional
    disturbance, orthopedic impairments, autism,
    traumatic brain injury, other health
    impairments, or specific learning disabilities
    and,
  • (ii) Who, by reason thereof, needs special
    education and related services.

20
IDEA 2004 Part BSection 614 (a) Evaluations,
Parental Consent, and Reevaluations
  • (1)(C) Procedures
  • (i) In General.Such initial evaluation shall
    consist of procedures
  • (I) To determine whether a child is a child
    with a disability…
  • (II) to determine the educational needs of such
    child.


21
IDEA 2004 Part BSection 614 (b) Evaluation
Procedures
  • Notice.--The local educational agency shall
    provide notice to the parents of a child with a
    disability, in accordance with subsections
    (b)(3), (b)(4), and (c) of section 615
    (Procedural Safeguards Notice), that describes
    any evaluation procedures such agency proposes to
    conduct.


22
IDEA 2004 Part BSection 615 (b) Procedural
Safeguards
  • TYPES OF PROCEDURES
  • (3) Written prior notice to the parents of the
    child whenever the local educational agency
  • (A) proposes to initiate or change or
  • (B) refuses to initiate or change, the
    identification, evaluation, or educational
    placement of the child, or the provision of free
    appropriate public education to the child.
  • (4)Procedures designed to ensure that the notice
    required (above) is in the native language of the
    parents, unless it clearly is not feasible to do
    so.


23
IDEA 2004 Part BSection 615 (d) Procedural
Safeguards Notice
  • (1)(A) A copy of the procedural safeguards
    available to parents of a child with a disability
    shall be given only 1 time per year and
  • (i) upon initial referral or parental request
    for evaluation
  • (ii) upon the first occurrence of the filing of
    a complaint.
  • (2) Contents The procedural safeguards notice
    shall include a full explanation of the
    procedural safeguards, written in the native
    language of the parents (unless it clearly is not
    feasible to do so) and written in an easily
    understandable manner…


24
IDEA 2004 Part BSection 614 (b) (2) Conduct of
evaluation
  • (A) use a variety of assessment tools and
    strategies to gather relevant
    functional, developmental, and academic
    information, including information provided by
    the parent, that may assist in determining
  • (i) whether the child is a child with a
    disability and
  • (ii) the content of the child's individualized
  • education program, including information
    related to enabling the child to be involved in
    and progress in the general education
    curriculum…


25
IDEA 2004 Part BSection 614(b) (2) Conduct of
evaluation, cont.
  • In conducting the evaluation, the local
    educational agency shall--
  • (B) not use any single measure or assessment as
    the sole criterion for determining whether a
    child is a child with a disability or determining
    an appropriate educational program for the child
    and
  • (C) use technically sound instruments that may
    assess the relative contribution of cognitive and
    behavioral factors, in addition to physical or
    developmental factors.


26
IDEA 2004 Part BSection 614 (b) (3) Additional
Requirements
  • (A) Assessments and other evaluation materials
  • (i) are selected and administered so as not to
    be discriminatory on a racial or cultural basis
  • (ii) are provided and administered in the
    language and form most likely to yield accurate
    Information on what the child knows and can do
    academically, developmentally, and functionally,
    unless it is not feasible to so provide or
    administer.
  • (iii) Are used for purposes for which the
    assessments or measures are valid and reliable
  • (iv) Are administered by trained and
    knowledgeable personnel and
  • (v) Are administered in accordance with any
    instructions provided by the producer of such
    assessments

27
Pennsylvania Basic Education Circular Evaluation
of Students Who Are Culturally and Linguistically
Diverse
  • While the Department values the opportunity to
    provide special education services and programs,
    school districts should be particularly sensitive
    to factors of language and culture when
    identifying and assessing students whose cultural
    background is significantly different.
  • For students with language and cultural
    differences, the Department believes that
    reliance on IQ test data will rarely - if ever -
    be appropriate and lawful with regard to
    determining special education eligibility.


28
IDEA 2004 Part BSection 614 (b) (4)
Determination of eligibility.
  • (A) The determination of whether the child is a
    child with a disability as defined in section
    602(3) and the educational needs of the child
    shall be made by a team of qualified
    professionals and the parent of the child in
    accordance with paragraph (5)…
  • .


29
IDEA 2004 Part BSection 614 (b) (5) Special
Rule for Eligibility Determination.
  • (4)a child shall not be determined to be a child
    with a disability if the determinant factor for
    such determination is
  • Lack of appropriate instruction in reading,
    including in the essential components of reading
    instruction (as defined in section 1208(3) of the
    Elementary and Secondary Education Act of 1965)
  • Lack of instruction I math or
  • Limited English proficiency.

30
IDEA 2004 Part BSection 614 (b) (6) Specific
Learning Disabilities
  • (A) In General. when determining whether a
    child has a specific learning disability as
    defined in section 602 (Definitions), a local
    educational agency shall not be required to take
    into consideration whether a child has a severe
    discrepancy between achievement and intellectual
    ability in oral expression, listening
    comprehension, written expression, basic reading
    skill, reading comprehension, mathematical
    calculation or mathematical reasoning.
  • (B) Additional Authority.In determining whether
    a child has a specific learning disability, a
    local educational agency may use a process that
    determines if the child responds to scientific,
    research-based intervention as a part of the
    evaluation procedures described in paragraphs (2)
    and (3) (Notice and Conduct).

31
IDEA 2004 Part BSection 614 (d) (1) (B)
Individualized Education Program Team
  • In general IEP team means a group of
    individuals composed of
  • (i) the parents of a child with a disability
  • (ii) not less than 1 regular education teacher of
    such child (if participating in regular
    education)
  • (iii) not less than 1 special education teacher,
    or where appropriate, not less than 1 special
    education provider of such child

32
IDEA 2004 Part BSection 614 (d) (1) (B)
Individualized Education Program Team
  • Cont.
  • (iv) a representative of the local education
    agency who
  • (I) is qualified to provide, or supervise the
    provision of, specially designed instruction to
    meet the unique needs of children with
    disabilities
  • (II) is knowledgeable about the general
    education curriculum and,
  • (III) is knowledgeable about the availability of
    resources of the local educational agency

33
IDEA 2004 Part BSection 614 (d) (1) (B)
Individualized Education Program Team
  • Cont.
  • (v) an individual who can interpret the
    instructional implications of evaluation results,
    who may be a member of the team described in
    clauses (ii) through (iv)
  • (vi) others at the discretion of the parents who
    may provide insight.
  • (vii) whenever appropriate, the child with a
    disability.

34
IDEA 2004 Part BSection 614 (d) Individualized
Education Programs (IEPs)
  • (1)(A) Individualized Educational Program
  • (i) In general IEP means a written statement
    for each child with a disability that is
    developed, reviewed, and revised, and includes
  • (I) a statement of the childs present levels
    of academic achievement and functional
    performance, including
  • (aa) how the childs disability affects
    the childs involvement and progress in the
    general education curriculum

35
IDEA 2004 Part BSection 614 (d) (1) (A)
Individualized Educational Program, cont.
  • (II) a statement of measurable annual goals,
    including academic and functional goals, designed
    to -
  • (aa) meet the childs needs that result from
    the childs disability to enable the child to be
    involved in and make progress in the general
    curriculum and
  • (bb) meet each of the childs other
    educational needs that result from the childs
    disability.

36
IDEA 2004 Part BSection 614 (d) (1) (A)
Individualized Educational Program, cont.
  • (III) a description of how the childs progress
    toward meeting the annual goals will be measured
    and reported.
  • (IV) a statement of the special education and
    related services and supplementary aid and
    services based on peer-reviewed research…and a
    statement of program modifications or supports
    for school personnel that will be provided for
    the child
  • (aa) to advance appropriately toward
    attaining the annual goals
  • (bb) to be involved and make progress in
    the general education curriculum ….

37
BEC Educating Students With Limited English
Proficiency and English Language Learners
7/1/2001
  • Students who are English language learners may be
    eligible for special education services once it
    has been determined that the disability exists
    and this disability is not solely due to lack of
    instruction or proficiency in the English
    language.
  • All English language learners eligible for
    special education services… must continue
    receiving ESL instruction at the appropriate
    proficiency and developmental level.

38
IDEA 2004 Part BSection 614 (d) (1) (A)
Individualized Educational Program, cont.
  • (III) a description of how the childs progress
    toward meeting the annual goals will be measured
    and reported.
  • (IV) a statement of the special education and
    related services and supplementary aid and
    services based on peer-reviewed research…and a
    statement of program modifications or supports
    for school personnel that will be provided for
    the child
  • (aa) to advance appropriately toward
    attaining the annual goals
  • (bb) to be involved and make progress in
    the general education curriculum
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