Transcript Document

Meeting Special Education
Requirements for English Learners
Alameda County Office of Education
January 29, 2011
Margaret Benavides, Special Education
Consultant
CALIFORNIA DEPARTMENT OF EDUCATION
Jack O’Connell, State Superintendent of Public Instruction
Presentation Goal
JACK O’CONNELL
State Superintendent
of Public Instruction
To provide an overview of Special
Education referral, assessment,
reclassification, and IEP processes that
address special factors for consideration
when working with English Learners
* legal requirements
* role of RtI
* eligibility
* English language development
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Our Responsibilities
JACK O’CONNELL
State Superintendent
of Public Instruction
• Students
• Parents
• District and State
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Students
JACK O’CONNELL
State Superintendent
of Public Instruction
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)
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Students
JACK O’CONNELL
State Superintendent
of Public Instruction
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)
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Students
JACK O’CONNELL
State Superintendent
of Public Instruction
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)
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Students
JACK O’CONNELL
State Superintendent
of Public Instruction
• 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
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Parents
JACK O’CONNELL
State Superintendent
of Public Instruction
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Receive information in native language
Prior written notice
Informed consent
Parent concerns
Participation in decision-making
Procedural safeguards and rights
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State Education Agency
JACK O’CONNELL
State Superintendent
of Public Instruction
• Ensuring compliance with IDEA, its
regulations along with state education
code and Title 5 regulations:
FAPE
Child Find
LRE
IEP
Placement
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FAPE (Free and Appropriate
Public Education)
JACK O’CONNELL
State Superintendent
of Public Instruction
• 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)
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Local Education Agency
JACK O’CONNELL
State Superintendent
of Public Instruction
• LEA must provide for the education of
children with disabilities in the least
restrictive environment.
• Early intervening services e.g. RtI
• Parental consent
• Evaluations
• Eligibility determination & educational
need
• Parental participation
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Local Educational Agency
JACK O’CONNELL
State Superintendent
of Public Instruction
• IEP requirements
• Exceptions
• IEP to parents in their native language
upon request
• IEP to teachers and others
• Procedural Safeguards
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Assessment
JACK O’CONNELL
State Superintendent
of Public Instruction
• 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
– (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
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Assessment
JACK O’CONNELL
State Superintendent
of Public Instruction
• Must not be discriminatory--racially or
culturally
• Have been developed using English
learners to create norms
• Are administered in the child’s native
language
• Help assess whether lack of academic
achievement is due to limited English
proficiency or learning disability
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IEP Decision-making
JACK O’CONNELL
State Superintendent
of Public Instruction
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Eligibility
Parent input
Validity/reliability of assessments
Content of IEP
Linguistically appropriate goals
Language of instruction
FAPE and LRE
Parent consent
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Team Determinations around
Language Proficiency Assessments
JACK O’CONNELL
State Superintendent
of Public Instruction
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
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IEP Team Decision-Making
JACK O’CONNELL
State Superintendent
of Public Instruction
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
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IEP Development for English
Learners
JACK O’CONNELL
State Superintendent
of Public Instruction
• 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
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IEP Content
JACK O’CONNELL
State Superintendent
of Public Instruction
• Academic goal development including
standards based goals
• Services to be provided the student 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
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Linguistically Appropriate Goals
JACK O’CONNELL
State Superintendent
of Public Instruction
• 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
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Linguistically Appropriate Goals
JACK O’CONNELL
State Superintendent
of Public Instruction
• Address ELD/ELA standards at the
appropriate grade span
• State specifically which language the
goal will be accomplished
• For English Learners with moderate to
severe disabilities, link goal to
developmental levels and functional
skills
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Linguistically Appropriate Goals
JACK O’CONNELL
State Superintendent
of Public Instruction
• 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
– Meaningful participation in the core
curriculum
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English Language Proficiency
Assessment
JACK O’CONNELL
State Superintendent
of Public Instruction
• There is no single alternative
assessment instrument for
language proficiency which
assesses all four domains for
students of all type and severity of
disability
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Reclassification Requirements
California Ed Code 313d requires:
JACK O’CONNELL
State Superintendent
of Public Instruction
• Assessment of English-language
proficiency(CELDT)
• Comparison of performance of basic skills
( CMA may now be used)
• Teacher evaluation of academic
performance
• Parent opinion and consultation
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Reclassification
JACK O’CONNELL
State Superintendent
of Public Instruction
The LEA monitors for a minimum of
two years the progress of
reclassified pupils
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Your Questions?
JACK O’CONNELL
State Superintendent
of Public Instruction
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Essential Questions
JACK O’CONNELL
State Superintendent
of Public Instruction
• Are students who are ELs appropriately
identified and placed?
• Are dual-identified English learners
learning English?
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Essential Questions
JACK O’CONNELL
State Superintendent
of Public Instruction
• Are the IEPs addressing each EL
student’s linguistic and academic
needs?
• Do IEPs specify necessary
accommodations and modifications?
• How are English learners’ needs being
met?
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THANK YOU!
JACK O’CONNELL
State Superintendent
of Public Instruction
Margaret Benavides, Consultant
Procedural Safeguards Referral Service
Special Education Division
(916) 327-3700, [email protected]
PSRS: (800) 926-0648
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