Students with Dual LabelsA Collaborative Approach for English

Learners with Disabilities

Arizona Department of EducationExceptional Student Services

Office of English Language Acquisition Services G

Session Format

Background

Legal Obligations

Implementation of Programs & Services

ELP Assessment

Exit from ELL Status

Questions

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Background

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Arizona PublicSchools

Students in AZ Public Schools

1,227,482

Students receiving Special

Education

158,964

EL Students

87,607

English Learners with Disabilities

14,777

FY16 DemographicsApproximate

numbers

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Federal and State AcronymsAAC Arizona Administrative Code (Board Rule)ADA Americans with Disabilities ActADE Arizona Department of Education

ARS Arizona Revised StatutesESEA Elementary and Secondary Education Act of 1965ESSA Every Student Succeeds Act (2015)IDEA Individuals with Disabilities Education Act of 2004ILLP Individual Language Learner PlanLEA Local Education Agency

OCR Office for Civil RightsOSEP Office of Special Education ProgramsSEA State Education Agency J

ADD Attention Deficit DisorderADHD Attention Deficit Hyperactivity DisorderAPE Adapted Physical EducationBIP Behavioral Intervention PlanFAPE Free Appropriate Public EducationFBA Functional Behavioral AssessmentIEP Individualized Education ProgramLRE Least Restrictive EnvironmentOT Occupational TherapyPT Physical TherapyPWN Prior Written NoticeRTI Response to InterventionSLP Speech & Language Pathologist

Program Specific Acronyms

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Disability Categories

A Autism

DD Developmental Disability

ED Emotional Disability

HI Hearing Impairment

MIID Mild Intellectual Disability

MOID Moderate Intellectual Disability

MD Multiple Disabilities

OHI Other Health Impairment

OI Orthopedic Impairment

PSD Preschool Severe Disability

SLI Speech or Language Impairment

SLD Specific Learning Disability

SID Severe Intellectual Disability

VI Visual Impairment

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True or False?

Students who are still learning English cannot be found eligible for special education because they are ELs.

False – English language proficiency and cultural factors must be ruled out as the determining fact in the learning difficulty –they are not the primarycause, but they still may exist.

A student may not be determined to be a student with a disability if the determinant factor is the student’s limited English proficiency, and if the student does not otherwise meet the IDEA’s definition of a “child with a disability.”

34 C.F.R. § 300.306D

Definition

Student with a DisabilityIDEA Part BChild with a disability means a child evaluated in accordance with Sec. Sec. 300.304 through 300.311 as having mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as "emotional disturbance"), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.

34 C.F.R. § 300.8 D

Identifying English Learners with a Disability

A student may not be determined to be a student with a disability if the determinant factor is the student’s limited English proficiency, and if the student does not otherwise meet the IDEA’s definition of a “child with a disability.”

34 C.F.R. § 300.306 (b) (1) (2)

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DefinitionsEnglish Learner (EL)

ESSA defines an “English Learner” as an individual who, among other things has difficulties in speaking, reading, writing, or understanding the English language that may be sufficient to deny him or her the ability to meet challenging state academic standards…

Complete definition:

20 U.S.C. § 7801(20)

EL with a Disability means an English learner who

is also a child with a disability, as that term is defined in section 602 of the Individuals with Disabilities Education Act.

20 U.S.C § 7011(4) J

Identifying English Learners with a Disability

The policy of delaying disability evaluations of EL students for special education and related services for a specified period of time based on their EL status is impermissible under IDEA and Federal civil rights laws.

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English Learners with Disabilities

English learners (ELs) with disabilities have unique learning needs and challenges because of the interaction of their disability with learning a new language.

These students have a language and a disability need.

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Under & Over Identification

AccessibilityA disproportional ratio within disability categoryLimited data collection Poor understanding of cultural & linguistic differences Poor use of interpretersOver emphasis of standardized testsDifficulty in interpreting the data.

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Legal Obligations

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True of False?

Receiving both ELD instruction and special education and related services is "double-dipping” and not allowable.

False – The programs and services are different; children who qualify are entitledto services from both programs.

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Students with Dual Labels:English Learners with a Disability

English LearnersWho have an Individualized Education Program (IEP)Are legally entitled to servicesEnglish Learner ProgramSpecial Education Program

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Parent Withdrawal from an EL Program

• Parents can refuse to have their children enrolled in an EL program.

LEAs cannot recommend that parents decline services.

A parent’s decision must be knowing and voluntary.

• When a parent declines participation the LEA must still assess the student’s English language proficiency with the annual English language proficiency assessment, until that student no longer meets the definition of an EL.

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Laws that Address ELs with Disabilities

Federal and State Laws both address the educationof ELs with disabilities:

Integrate 2 sets of legal requirements

Laws that pertain to instruction for ELs

Laws that pertain to providing special education services

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Federal Laws/Entitlements for EL Students with Disabilities

Civil Rights Laws

EL Education

Laws

Special Education

Laws

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Arizona Statutes & Code

Arizona Revised Statutes

§15-751 -§15-757English LanguageEducation for Children in Public Schools

http://www.azleg.gov/arsDetail/title=15

Arizona Administrative Code

R7-2-306English Language Learner Programs

https://www.azsos.gov/rules/Arizona-administrative-code#ID7

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IEPIEP

Team English Language

Development

SEI Classroom

ILLP Special Education Services

Specifically Designed

Instruction

Implementation of Programs and Services

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An LEA can choose to provide only special education services to a dual labeled student who is severely cognitively impaired.

False – The programs and services are different; children who qualify are entitled to services from both programs.

True or False?

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English Learner Procedures andDocumentation

Use the same procedures and documentation as required for all ELs.Home Language Survey and Enrollment Form Initial and yearly English language assessment

• AZELLA Student Report or EL 70 Report

Parent Notification and Consent Form (yearly) Parent Request for Student Withdrawal from an English

Learner Program (if applicable)Copy of the Reclassification Letter to parentsTwo-year Monitoring Form

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Evaluation ProceduresUse a variety of assessment tools and strategies

Assessments are selected and administered so as not to be discriminatory on a racial or cultural basis

Assessments are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, functionally, unless it is clearly not feasible to so provide or administer D

Individualized Education Program (IEP) Team• It is essential that persons with expertise in second language acquisition are

members of the IEP team.

EL coordinator and/or the EL teacher

• The IEP team makes decisions about what is in the IEP.

Develop appropriate academic and functional goals

Must consider the language needs of the child as those needs relate to the child’s IEP.

(2) Consideration of special factors. The IEP Team must (ii) In the case of a child with limited English proficiency consider language needs of the child as those needs relate to the child's IEP—34 C.F.R. §.300.324(a)(2)(ii)20 U.S.C. § 1414(d)(3)(B)(ii) D

IEP Team (3)

The IEP team must take whatever action is necessary to ensure that the student’s parents understand the proceedings of the IEP team meeting, including an interpreter.

34 C.F.R § 300.322(e)

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Individualized Education Program (IEP) Team

• Identify the language needs of the student Distinguish language proficiency from disability needs Determine language deficiencies and most appropriate services

• Document the IEP Team’s decisions in the student’s IEP The IEP drives the educational program and services Documentation can be captured anywhere in the IEP

Consider using the PLAAFP* section and the services section

IEP

*Present Level of Academic Achievement & Functional PerformancePLAAFP D

Delivery of Language Services (1)

The two programs must collaborate to determine the most effective approach to instruction.

A model of collaboration must be developed

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Delivery of Language ServicesThe two programs must collaborate to determine the most effective approach to instruction. A model of collaboration must be developed.

SEI Program

All English language instruction is delivered in the SEI program.

• SEI classroom placement for 4 hours of ELD, or

• Mainstream classroom/ILLP (4 hours).

Special Education Program

All English language instruction is delivered in the special education program.

• SEI program will not meet the specific needs of the student because of the impact of the disability.

Split Services

English language instruction may be split between the special education program and the SEI program.

• SEI classroom placement for part of the 4 hours of ELD, or

• Mainstream classroom/partial ILLP.

• Special education program placement for part of the English language instruction.

Push-InServices

Special education services

delivered in the SEI or ILLP

classroom

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Jot It Down

On your post-it

Write one thing SEI/ILLP teachers need to know about the student with a dual label.

Think & Write - 15 seconds

Be ready to share!

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Students with Disabilities in the SEI and ILLP ClassroomTeachers need to know: Level of English language proficiency Specific information about the student’s disability and eligibility category

How the disability impacts learning Effect of the disability on academic performance Processing deficits such as auditory or visual How the student processes language

Need(s) for specially designed instruction Services, accommodations/modifications in the IEP Annual learning goals D

Students with Disabilities in the SEI and ILLP classroom

These students may need adaptations due to their disability.

Adaptations –are teaching and assessment strategies to accommodate a student’s needs.√ Accommodations√ Modifications

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Examples of Adaptations Use of audio Use of video and visual aids Location in the classroom Strategic grouping Wait time/Extra time Scaffolding Instruction Procedural scaffolding Type of assessment Paraphrasing Repetition Sensitive to frustration levels Adjustment of environmental factors D

Accommodations: Level the playing field and no substantive change

Modifications: CHANGE in standard or expectation

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Accommodations

The provisions made to allow a student to access and demonstrate learning. Accommodations do not substantially change the instructional level, the content or the performance criteria, but are made in order to provide a student equal access to learning and equal opportunity to demonstrate what is known. Accommodations shall not alter the content of the curriculum or a test, or provide inappropriate assistance to the student within the context of the test.”

A.A.C. R7-2-401(B)(1)

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Modifications

Substantial changes in what a student is expected to learn and todemonstrate. Changes may be made in the instructional level, thecontent or the performance criteria. Such changes are made toprovide a student with meaningful and productive learningexperiences, environments, and assessments based on individualneeds and abilities.”

A.A.C. R7-2-401(B)(18)

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Sorting Activity

There are 3 envelopes at each table. Form a group and choose an envelope labeled “Sorting Activity”.

Sort the Modifications and Accommodations

Be ready to discuss

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Accommodations: Level the playing field and no substantive change

Modifications: CHANGE in standard or expectation

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Adaptations

Accommodations-Use of audio

-Use of audio and visual aids

-Location in classroom

-Strategic grouping

-Wait time/Extra time

-Paraphrasing

-Repetition

-Sensitive to frustration levels

-Adjustment of environmental factors

Modifications-Write only one sentence about the story

-Read a shorter passage

-Read a lower level passage

-Do only the odd or even number of math questions

-5 spelling words on a test vs. 10

-A different spelling list than rest of the class

-A lower level list of sight words to practice daily

-Learning basic addition math facts while the rest of the class is learning multiplication math facts

-Tracing letters for words while writing

-Teacher scripting ideas in writing while student is speaking J

English Language Proficiency Assessment

Arizona English Language Learner Assessment

The AZELLA TeamAZELLA Inbox

AZELLA@azed.gov

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Federal Requirements for Assessment

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Federal RequirementsParticipation in ELP Assessment2

The IEP team determines whether a student must take a regular State assessment (ELP assessment) with or without appropriate accommodations or an alternate assessment in lieu of the regular ELP assessment.

34 C.F.R. §.300.320(a)(6)IDEA § 612(a)(16)(A)

Document all decisions in the IEP

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Participation in ELP Assessment as Documented in the IEP (1)

If an EL cannot be assessed in one or more domains due to a disability and there are no appropriate accommodations, assess those domains that can be assessed. Contact the AZELLA Team for guidance on partial assessments.

If the IEP team deems that an alternate assessment is appropriate for an EL with the most significant cognitive disabilities: Contact the AZELLA team for guidance in obtaining an

AZELLA score for AzEDS placement.

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AZELLA http://www.azed.gov/assessment/azella/ Choose District Test Coordinators Choose AZELLA Choose Information AZELLA Testing Conditions and Accommodations Universal Test Administration Conditions Test Accommodations for Students with Disabilities

AZELLA Guidance for Students are Deaf and Blind Guidance for Students with an EL Need (or a Non-English

PHLOTE) and a SPED Need

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Exit from EL Status

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True or False? (3)

A dual labeled student may be withdrawn from EL status because they can’t score an overall proficient on AZELLA.

False – A student may be withdrawn from EL status due to SPED criteria when they no longer meet the definition of an EL and meet the state’s definition of “proficient”.

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Exit from EL Status“Withdrawn due to SPED Criteria” in AzEDS (Code: ELL07)

This decision is made by the IEP Team, which includes the EL coordinator and/or the EL teacher.The IEP Team must be in agreement on this decision.The student no longer meets the definition of an EL.

Student meets the State’s definition of proficiency. There is evidence that the student does not have a language

need. Clearly document this decision and the evidence for this

decision in the student’s IEP.

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What does “Proficient” mean?

“Once English learners have acquired a good working knowledge of English and are able to do regular school work in English, they shall no longer be classified as English learners and shall be transferred to English language mainstream classrooms.”

A.R.S. 15-762

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Questions?

Darleen SitholeESSDarleen.Sithole@azed.gov

Jodi HekterOELASJodi.Hekter@azed.gov

Gerry HaskinsOELASGerry.Haskins@azed.gov