Developing Culturally and Linguistically … Culturally and Linguistically Appropriate IEPs for ......

Developing Culturally and Linguistically Appropriate IEPs for English Learners with Disabilities

Special Education Directors’ Conference – August 2016

Sara Jozwik, Ed.D.

Assistant Professor Illinois State University

& Gilberto Sánchez

Principal Consultant Division of Special Education Services

Session Objectives • Addressing Compliance Pitfalls

– Highlight Sections within the IEP that are Pertinent to ELs with Disabilities

• Addressing Language Related Needs – Present Levels of Academic Achievement and

Functional Performance – Goals and Objectives – Linguistic and Cultural Accommodations – Special Education and Related Services in a

Language Other than English

Special Education Directors’ Conference – August 2016 2

English Learner (EL) Data in Illinois for School Year 2013

According to the Illinois State Board of Education (ISBE), in 2013: • 207,703 ELs were enrolled in Illinois public schools

• 88.7 percent of ELs, or 184,257 students, were enrolled in public schools in Cook, DuPage, Lake, Kane, and Will counties (data includes the city of Chicago)

• 54 counties in Illinois had 100 or fewer ELs enrolled in their public schools

– Five counties had only one EL student

• 18.5 percent of ELs, or 38,481 students, were identified with a disability

– 47.9 percent of these were in first through fifth grades

ISBE Bilingual Program Directors’ Conference – September 2015 Special Education Directors’ Conference – August 2016 3

More EL Data from ISBE • EL students enrolled in public schools spoke at least 142

non-English native languages

• Most common native languages spoken by ELs: o Spanish (80.1 percent - 166,976 students) o Polish (2.8 percent - 5,858 students) o Arabic (2.8 percent - 5,854 students)

• Least common native languages spoken by ELs: o Panjabi, Farsi, Somali, Mongolian, and Turkish

(each were 0.1 percent or less, with fewer than 200 students)


More EL Data from ISBE, continued • Native languages spoken by 10 or fewer EL students in

central and southern Illinois - Polish (9) - Assyrian (2) - Ukrainian (4) - Malayalam (7) - Yoruba (4) - Greek (1) - Albanian, Tosk (10)

• Native language spoken by 10 or fewer EL students in

northern Illinois - Assyrian (5) - Ukrainian (4) - Romanian (2) - Malayalam (7) - Bulgarian (8) - Yoruba (8) - Farsi (4) - Mongolian (4)


Special Education Teachers with Bilingual Credentials in Illinois

From the 2011-2012 to 2015-2016 school years:

• 990 special education teachers have obtained credentials to teach ELs/bilingual students

• 75 special education teachers have completed specialized training and obtained specific credentials that focus on the bilingual/ESL and special education intersection (Jozwik & Cuenca-Carlino).


Federal and State Regulations - Notification of Conference, Parent Participation, and Individualized Education Program (IEP) Team

Federal Regulations IDEA, Part B, 34 CFR §300.503 Prior notice by the public agency; content of notice.

(c) Notice in understandable language. (1) The notice required under paragraph (a) of this section must be—

(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.

§300.322 Parent participation. (e) 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.

23 Illinois Administrative Code (IAC) Section 226.210 IEP Team – The IEP Team shall include a qualified bilingual specialist or bilingual teacher. Special Education Directors’ Conference – August 2016 7

IEP - Student/Parent Information


INDIVIDUALIZED EDUCATION PROGRAM (CONFERENCE SUMMARY REPORT)

DATE OF MOST RECENT EVALUATION:______/______/______DATE OF NEXT REEVALUATION:______/______/_____

PURPOSE OF CONFERENCE (Check all that apply) Review of Existing Data Reevaluation IEP Review/Revision FBA/BIP Graduation Initial Eligibility Initial IEP Secondary Transition Manifestation Determination Other ________

STUDENT’S ADDRESS (Street, City, State, Zip Code)

STUDENT’S DATE OF BIRTH

SIS ID NUMBER

MALE

FEMALE

ETHNICITY LANGUAGE/MODE OF COMMUNICATION USED BY STUDENT (see home language survey)

CURRENT GRADE LEVEL ANTICIPATED DATE OF HS GRADUATION

PLACEMENT(To be completed after placement determination)

YES NO Placement is in Resident School

DISABILITY(S)

MEDICAID NUMBER

RESIDENT DISTRICT

SERVING DISTRICT

RESIDENT SCHOOL

SERVING SCHOOL

PARENT/GUARDIAN INFORMATION (1) PARENT’S NAME Educational Surrogate Parent

(2) PARENT’S NAME Educational Surrogate Parent

(1) PARENT’S ADDRESS (Street, City, State, Zip Code)

(2) PARENT’S ADDRESS (Street, City, State, Zip Code)

(1) PARENT’S TELEPHONE NUMBER (include Area Code) (2) PARENT’S TELEPHONE NUMBER (Include Area Code)

(1) LANGUAGE/MODE OF COMMUNICATION USED BY PARENT(S)

Yes No Interpreter Is parent limited English proficient?

(2) LANGUAGE/MODE OF COMMUNICATION USED BY PARENT(S)

Yes No Interpreter Is parent limited English proficient?

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Appropriate Team Members


PARTICIPANTS

Signature indicates attendance. Check appropriate boxes to indicate which meetings were attended. Anyone serving in a dual role should indicate so on the following lines. If a required participant participates through written input or is excused from all or part of the IEP meeting, the required excusal and written report, as necessary, is attached.

ELIG. REVIEW

IEP

ELIG. REVIEW

IEP

Parent School Social Worker

Parent Speech-Language Pathologist

Student Bilingual Specialist

LEA Representative Interpreter

General Education Teacher Other (specify)

Special Education Teacher Other (specify)

School Psychologist Other (specify) If the parent(s) did not attend the IEP meeting, document the attempts to contact the parent(s) prior to the IEP meeting.

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Procedural Safeguards


PROCEDURAL SAFEGUARDS Explanation of Procedural Safeguards were provided to/reviewed with the parent(s) on __In parents’ native/home language, check ISBE website. Procedural Safeguards have been translated into 11 world languages: Arabic, Chinese, English, Gujarati, Korean, Polish, Russian, Spanish, Tagalog, Urdu, Vietnamese._______________________________________________________________________________________________ Transfer of Rights - Seventeen-year old student informed of his/her rights that will transfer to the student upon reaching age 18. Yes NA For an EL with a disability, ensure child meaningfully participates (e.g., interpreter).

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Present Levels of Academic Achievement and Functional Performance (PLAAFP)


PRESENT LEVELS OF ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE Complete for initial IEPs and annual reviews.

When completing this page, include all areas from the following list that are impacted by the student’s disability: academic performance, social/emotional status, independent functioning, vocational, motor skills, and speech and language/communication. This may include strengths/weaknesses identified in the most recent evaluation.

Student’s Strengths

For English learners: Address child’s educational strengths in English and native/home language.

Parental Educational Concerns/Input

For English learners: A parent may express concerns by making statements to the effect of . . . “I would like my son/daughter to continue receiving native/home language instruction/bilingual support.” This can be documented here.

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PLAAFP, continued

Student’s Present Level of Academic Achievement (Include strengths and areas needing improvement)

For English learners: Address how disability impacts academic achievement in English and child’s native/home language.

Bilingual Teacher/specialist should contribute information to this section. How child’s disability impacts learning in TBE/TPI program. Include assessment data in native language/ESL as well; include ACCESS Scores, Composite Score and Tier information.

Statements regarding student’s eligibility or test scores from previous year(s) are acceptable.

Student’s Present Levels of Functional Performance (Include strengths and areas needing improvement)

For English learners: Address how disability impacts functional performance (i.e., strengths and weaknesses) in English and native language.

Consider: SEL, motor speech, ability to socialize (culture/language barrier impact); inverted behaviors due to child speaking with an accent or unfamiliarity with English Language; ability to do homework at home/school work (parents may not speak English/or have limited formal education) ability to measure dangers in new country (safety issues).

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Student Profile: José • Fourth grade EL student from Mexico • Diagnosed with an intellectual disability; Attended grades K-4 in

the U. S. • Spanish is the only spoken language at home ACCESS 2.0 Scores Listening: 1.0 Speaking: 1.0 Reading: 1.0 Writing: 1.0 Composite: 1.0 on Tier A


Student Profile: Zofia • Fourth grade EL student from Poland, diagnosed with a specific learning

disability in second grade • Child has traveled back and forth between Poland and U.S.

approximately every two years NWEA Reading Score, spring 2016: 188.3 (second grade level*) ACCESS 2.0 Scores Listening: 2.8 Speaking: 2.5 Reading: 1.5 Writing: 1.0 Composite: 2.0 – Tier B *Content only information, not a valid language proficiency data point.


Culturally and Linguistically Appropriate IEP Goals and Objectives, Programs, and Services


GOALS AND OBJECTIVES/BENCHMARKS

Complete for initial IEPs and annual reviews. (Anyone responsible for implementing the IEP (e.g., goals and objectives/benchmarks, accommodations, modifications and supports) must be notified of her/his specific responsibilities.)

SAMPLE – José (4th grade student with an Intellectual Disability)

REPORTING ON GOALS The progress on annual goals will be measured by the short-term objectives/benchmarks. Check the methods that will be used to notify

parents of the student’s progress on annual goals and if the progress is sufficient to achieve the goals by the end of the IEP year: √ Report cards √ Progress reports Parent conference √ Other (specify) phone

calls w/bilingual interpreter___

CURRENT ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE Results of the initial or most recent evaluation and results on district-wide assessments relevant to this goal; performance in comparison to general education peers and standards. For presentation: Jose’s current reading scores on the NWEA MAP could not be interpreted as a valid indicator of performance due to his ACCESS score being at 1.0. His Fountas and Pinnell (Sístema de evaluación de la lectural) instructional reading level in Spanish is at level C (kindergarten); in English it is at level A (kindergarten). He currently identifies four words (two in Spanish/English and 2 in only Spanish) to express narrative points of view (happy/feliz, simpatico, sad/triste, cansado) when terms are matched to illustrated text.

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IEP Goals and Objectives


GOALS AND OBJECTIVES/BENCHMARKS The goals and short-term objectives or benchmarks shall meet the student’s educational needs that result from the student’s disability, including involvement in and progress in the general curriculum, or for preschool students, participation in appropriate activities.

Goal Statement #__1__of__2___ Given Spanish vocabulary terms, José will identify 20 words that indicate narrative points of view (he felt scared or estuvo asustado) from illustrated text using phrase banks with 85% accuracy in 3 consecutive trials. Indicate Goal Area: √ Academic Functional Transition Illinois Learning Standard: #NILS: Reading Literature _________________________________________________ (4.3); Spanish Language Development (SLD) Standards) _________ and Craft and Structure #6/WIDA ELD Standard 2 Title(s) of Goal Implementer(s) Special Education Service Provider If ESL/Bilingual Teacher addresses this goal, include title here along with special education teacher


Complete for initial IEPs and annual reviews. (Anyone responsible for implementing the IEP (e.g., goals and objectives/benchmarks, accommodations, modifications and supports) must be notified of her/his specific responsibilities.) Short-Term Objective/Benchmark for Measuring Progress on the Annual Goal Given 4th grade level Spanish vocabulary terms, José will identify 8 words that indicate narrative points of view (he felt scared or estuvo asustado) from illustrated text using phrase banks with a partner in 3 consecutive trials.

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IEP Goals and Objectives, continued


Evaluation Criteria

Evaluation Procedures

Schedule for Determining Progress

Dates Reviewed/ Extent of Progress

(Optional) 85 % Accuracy Observation

Log Daily Place dates progress

reports are distributed.

/ # of attempts Data Charts √ Weekly Other (specify) Tests Quarterly √ Other (specify)

Word Bank – In Spanish

Semester

Other (specify) Short-Term Objective/Benchmark for Measuring Progress on the Annual Goal

Given 4th grade level Spanish vocabulary terms, José will identify 12 words that indicate narrative points of view (he felt scared or estuvo asustado) from illustrated text using work/phrase banks with a partner in 3 consecutive trials.

Evaluation Criteria



Dates Reviewed/ Extent of Progress (Optional)

% Accuracy Observation Log

Daily Place dates progress reports are distributed.

# of attempts Data Charts Weekly Other (specify) Tests Quarterly

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√ Other (specify) Word Bank – In Spanish

Semester

Short-Term Objective/Benchmark for Measuring Progress on the Annual Goal

Given 4th grade level Spanish vocabulary terms, José will identify 16 words that indicate narrative points of view (he felt scared or estuvo asustado) from illustrated text using work/phrase banks without a partner in 2 of 3 consecutive trials.

Evaluation Criteria



Dates Reviewed/ Extent of Progress

(Optional) % Accuracy Observation

Log Daily Place dates progress

reports are distributed.

# of attempts Data Charts Weekly Other (specify) Tests Quarterly √ Other (specify)

Word Bank – In Spanish

Semester

Other (specify)

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Complete for initial IEPs and annual reviews. (Anyone responsible for implementing the IEP (e.g., goals and objectives/benchmarks, accommodations, modifications and supports) must be notified of her/his specific responsibilities.)

Sample - Zofia REPORTING ON GOALS

The progress on annual goals will be measured by the short-term objectives/benchmarks. Check the methods that will be used to notify parents of the student’s progress on annual goals and if the progress is sufficient to achieve the goals by the end of the IEP year: √ Report cards √ Progress reports Parent conference √ Other (specify) phone calls

w/bilingual interpreter___ CURRENT ACADEMIC ACHIEVEMENT AND FUNCTIONAL PERFORMANCE

Results of the initial or most recent evaluation and results on district-wide assessments relevant to this goal; performance in comparison to general education peers and standards. Zofia can spell CVC words in English with 96% accuracy. She forms simple sentences from a model in English (object, action, location). On AIMSweb written expression curriculum-based assessment in English, she writes an average of 12 total written words (TWW); with 8 correct writing sequences (CWS), often omitting articles (e.g., the, an). Many spelling errors appear to be a transfer errors (Polish to English) or errors due to lack of familiarity with irregular patterns of high-frequency sight words in English. Given a model paragraph, word lists, graphic organizers, and sentence frames, Zofia is able to recommend 2-3 revisions to construct a related paragraph.

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GOALS AND OBJECTIVES/BENCHMARKS The goals and short-term objectives or benchmarks shall meet the student’s educational needs that result from the student’s disability, including involvement in and progress in the general curriculum, or for preschool students, participation in appropriate activities.

Goal Statement #__1__of__2___ By August of 2017, Zofia will make progress toward writing a focused paragraph in English with native language support (e.g., revising checklist in Polish) to include a topic sentence, supporting details, and a conclusion in 6 writing samples per quarter for 2 consecutive quarters. Indicate Goal Area: √ Academic Functional Transition Illinois Learning Standard: #NILS: Writing4.2.A ________________________________________________________________ /WIDA ELD Standard 2 Title(s) of Goal Implementer(s) Special Education Service Provider ESL service provider and special education service provider Short-Term Objective/Benchmark for Measuring Progress on the Annual Goal Given a sample paragraph with 5 spelling or syntax errors, Zofia will make at least 3 substantive revisions to form a cohesive paragraph in English in 6 of 8 trials per quarter.

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Short-Term Objective/Benchmark for Measuring Progress on the Annual Goal Given a writing prompt, transition word lists, and a graphic organizer, Zofia will generate a main idea and 3 supporting details to complete the graphic organizer using simple words and phrases in 6 of 8 trials per quarter.

Evaluation Criteria




% Accuracy √ Observation Log


6/8

# of attempts Data Charts √ Weekly

Other (specify) Tests Quarterly Other (specify) Semester

Other (specify) Short-Term Objective/Benchmark for Measuring Progress on the Annual Goal

Given a completed graphic organizer, native language support, and access to a personal spelling dictionary, Zofia will craft a topic sentence and will use transition words to introduce up to 3 supporting details to produce a basic paragraph in English in 6 of 8 trials.

Evaluation Criteria




% Accuracy √ Observation Log


6 /8

# of attempts Data Charts √ Weekly

Other (specify) Tests Quarterly Other (specify) Semester

Other (specify)

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Educational Accommodations and Supports


CONSIDERATION OF SPECIAL FACTORS Check the boxes to indicate if the student requires any supplementary aids and/or services due to the following factors. For any box checked “yes,” specify the special factors in the “Supplementary Aids, Accommodations and Modifications” section listed below.

Yes No assistive technology devices and services Yes No communication needs Yes No deaf/hard of hearing – languages and communication needs

X Yes No limited English proficiency – language needs (For an EL student, YES is checked . Go to following section.) Yes No blind/visually impaired – provision of Braille instruction Yes No behavior impedes student’s learning or that of others. If yes, the team must consider strategies, including positive

behavioral interventions and supports to address behavior. This may include a Functional Behavioral Assessment and/or a Behavioral Intervention Plan. If, so attach any completed forms.

LINGUISTIC AND CULTURAL ACCOMMODATIONS Yes No The student requires accommodations for the IEP to meet her/his linguistic and cultural needs.

If yes, specify any needed accommodations:

For ELs: may cite use of resources, images, activities and materials that align with the student’s background experiences and that reflect the student’s cultural identity.

Yes No Special education and related services will be provided in a language or mode of communication other

than or in addition to English. If yes, specify any needed accommodations: For ELs: instruction will be provided in child’s native /home language and/or English with native language support (see goals and objectives). Should not preclude access to native language instruction & support.

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Educational Accommodations and Supports, continued


SUPPLEMENTARY AIDS, ACCOMMODATIONS, AND MODIFICATIONS Specify what aids, accommodations, and modifications are needed for the child to make progress toward annual goals, to progress in the general education curriculum, participate in extracurricular and other non-academic activities, and to be educated and participate with other children with disabilities and/or nondisabled children (e.g., accommodations for daily work, environmental accommodations, moving from class to class, etc.). Supplementary aids, accommodations, and modifications must be based upon peer-review research to the extent practicable.

For ELs: address supports that include use of the child’s native/home language. This can include visual supports in the child’s native/home language (e.g., pictures or labels), use of technology (i.e., iPads/software) to provide student access to content through native language support. Possible need for an aide for low incidence native language assistance.

SUPPORTS FOR SCHOOL PERSONNEL Yes No Program trainings and/or supports for school personnel are needed for the student to advance appropriately toward attaining

the annual goals, participate in the general curriculum, and be educated and participate with other students in educational activities. If yes, specify what trainings and/or supports are needed, including when appropriate, the information that clarifies when the trainings and/or supports will be provided, by whom, in what location, etc.

What training/supports are needed to effectively address the disability, culture and language-related needs of ELs with a disability (e.g., consultation/collaboration between SPED staff and Bilingual/ESL staff, professional learning on 2nd language acquisition)? Consider needs of transportation staff members (i.e., bus aide) or other school personnel (e.g., cafeteria personnel) with regard to their role in interacting with ELs with disabilities.

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Assessments


• Classroom-based Assessments - Yes • District-wide Assessments - Yes

STATE ACADEMIC ASSESSMENTS Indicate below which state a academic assessment(s) this student will take and, if applicable, if accessibility feature(s) and/or accommodations(s) are needed.

State academic assessments are not administered at this grade level __________

1. Partnership for Assessment of Readiness for College and Careers (PARCC) (grades 3-8, and high school) PARCC is provided for English Language Arts Literacy and Mathematics at grades 3-8 and high school. For high school administration, a student currently enrolled in Integrated Math 3 or Algebra 2 will take the mathematics assessment and a student currently enrolled in English 3 will take the English Language Arts Assessment.

PARCC assessment is not appropriate. (Go to #2) Student will:

Participate in PARCC with no accessibility features turned on in advance and no accommodations(s). Participate in PARCC with accessibility features turned on in advance and/or accommodations(s). (Complete Assessment

Accommodations section on the IEP.) Accommodations for ELs with Disabilities - Allowed both accommodations listed for ELs and SWD based on particular child’s needs.

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Assessments, continued


1. Dynamic Learning Maps (DLM) (Alternate assessment for grades 3-8, and 11)

The DLM Participation Guidelines were met. (Complete the DLM Participation Guidelines and attach.) If met, the student will:

Participate in DLM with no accessibility features/accommodations(s). Participate in DLM with accessibility features/accommodations(s). (Complete the DLM Accessibility Features and

Accommodations form and attach.) Accommodations for ELs with Disabilities - Allowed both accommodations listed for ELs and SWD based on particular child’s needs.

2. Illinois Science Assessment Not administered at student’s current grade level. Participate in science assessment with no accommodations(s). Participate in science assessment with accommodations(s). (Completed Assessment Accommodations section of the IEP).

Accommodations for ELs with Disabilities - Allowed both accommodations listed for ELs and SWD based on particular child’s needs.

3. Other (option by district). If applicable, list assessment to be given (e.g., KIDS) Participate in ______________________________________________________ Participate with no accommodations(s). Participate with accommodations(s). (Completed Assessment Accommodations section of the IEP).

Accommodations for ELs with Disabilities - Allowed both accommodations listed for ELs and SWD based on particular child’s needs.

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STATE ASSESSMENT OF LANGUAGE PROFICIENCY The State assessment of language proficiency is Assessing Comprehension and Communication in English State to State (ACCESS) and the Alternate for English Access Learners (EL) in grades K-12 include:

Yes No ENGLISH LEARNER (EL). If “NO”, skip to next section Student will:

Participate in the ACCESS with no accommodations (ACCESS 2.0) Participate in ACCESS with accommodations(s). (Completed Assessment Accommodations section of

the IEP.) Participate in Alternate ACCESS with no accommodations(s).

(Alternate Model Performance Indicators [AMPI]).

Participate in Alternate ACCESS with accommodations(s). (Alternate Model Performance Indicators [AMPI]).(Complete Assessment Accommodations section of the IEP.)

All ELs with disabilities MUST PARTICIPATE in the annual State ELP assessment with or without appropriate accommodations or by taking an alternate assessment. Accommodations for ELs with Disabilities - Allowed both accommodations listed for ELs and SWD based on particular child’s needs.

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ASSESSMENT ACCOMMODATIONS If the student is participating in any of the above assessment(s) with accommodations, specify the needed accommodations (e.g., extended time, alternate setting, auditory testing) necessary to measure the student’s academic achievement and functional performance. The accommodations should be appropriate for that particular assessment and reflective of those already identified for the student in the Supplementary Aids, Accommodations, and Modifications section. Cite Accommodations (e.g., use of highlighters in test booklet, student reads question or responds aloud to self). Include participation with or without accommodations in the English Language Proficiency Assessment. (Language of Assessment should match the language of instruction; accommodations provided on an assessment should match the accommodations provided during instruction.)

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Regulations*

23 IAC Section 226.140 Modes of Communication and Cultural Identification – Before a child is given an evaluation, the local school

district shall ensure compliance with the requirements of Section 14-8.02 of the School Code by determining the primary language of the child’s home, general cultural identification, and mode of communication.

* The following excerpts do not reflect every fact or the entire scope contained within the regulations discussed here. The reader is encouraged to review the full text of the source cited.


Regulations, continued • 23 IAC Section 226.150 Evaluation to be

Nondiscriminatory – Each evaluation shall be conducted so as to ensure that it is

nondiscriminatory with respect to language, culture, race, and gender. (See also 34 CFR 300.304(c).)

• e) If the child's receptive and/or expressive communication skills are impaired due to hearing and/or language deficits, the district shall utilize test instruments and procedures that do not stress spoken language and one of the following:

– 2) An interpreter to assist the evaluative personnel with language and testing.

• Federal Register Volume 71, Number 156 regarding “not clearly feasible” exception for native language evaluations . . . – . . . this provision should not be improperly used to limit evaluations in

a child's native language . . . Special Education Directors’ Conference – August 2016 29

Regulations, continued

23 IAC Section 226.110 – Nonstandard conditions – If an assessment is conducted under nonstandard

conditions, a description of the extent to which the assessment varied from standard conditions shall be included in the evaluation report. This information is needed so that the team of evaluators can assess the effects of these variances on the validity and reliability of the information reported and determine whether additional assessments are needed. For example, the use of a translator when a qualified bilingual specialist is not available may create nonstandard conditions.


Regulations, continued Federal Regulations IDEA, Part B, 34 CFR §300.503 Prior notice by the public agency; content of notice.

– (c) Notice in understandable language. (1) The notice required under paragraph (a) of this section must be—

– (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.

(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.



23 IAC Section 226.210 IEP Team – The composition of the IEP Team for a particular child, and

the participation, attendance, and excusal of the team members and other individuals in the IEP meeting, shall conform to the requirements of 34 CFR 300.321, 300.322, 300.324, and 300.325. The additional requirements of this Section shall also apply.

• The IEP Team shall include a qualified bilingual specialist or bilingual teacher, if the presence of such a person is needed to assist the other participants in understanding the child’s language or cultural factors as they relate to the child’s instructional needs. If documented efforts to locate and secure the services of a qualified bilingual specialist are unsuccessful, the district shall instead meet the requirements set forth in Section 226.150(b) of this Part.


Regulations, continued 23 IAC Section 226.530 Parents’ Participation (who are

limited English proficient) – “notifying parents of the meeting early enough to ensure

that they will have an opportunity to attend” means the district shall provide written notification no later than ten days prior to the proposed date of the meeting. In addition, the district shall take whatever action is necessary to facilitate the parent’s understanding of and participation in the proceedings at a meeting, including arranging for and covering the expense of an interpreter for parents whose native language is other than English or for an interpreter licensed pursuant to the Interpreter for the Deaf Licensure Act of 2007 [225 ILCS 443] for parents who are deaf.


Federal Regulations IDEA, Part B, 34 CFR §300.324 Development, review, and revision of

IEP. – (a) Development of IEP—(1) General. In developing

each child's IEP, the IEP Team must consider— • (i) The strengths of the child; • (ii) The concerns of the parents for enhancing the

education of their child;



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23 IAC Section 226.230 Content of the IEP – The content of each child's IEP shall conform to

the requirements of 34 CFR 300.320. The additional requirements of this Section shall also apply.

• 3) A statement as to the languages or modes of communication in which special education and related services will be provided, if other than or in addition to English.



Federal Regulations IDEA, Part B, 34 CFR §300.324 Development, review, and revision

of IEP. (2) Consideration of special factors. The IEP

Team must— (ii) In the case of a child with limited English

proficiency, consider the language needs of the child as those needs relate to the child's IEP.



23 IAC Section 228.30 Establishment of Programs – c. Specific Requirements for Transitional Bilingual

Education (TBE) Programs • 1) Each full-time TBE program shall consist of at least the

following components (Section 14C-2 of the School Code): – C) Instruction in English as a second language, which must align

to the applicable English language development standards set forth in Section 228.10;

– d) Specific Requirements for Transitional Program of Instruction (TPI)

• 2. A transitional program of instruction shall include instruction in ESL . . .


Regulations, continued New “proficiency” definition for identifying English

Learners, notification pursuant to 23 Illinois Administrative Code 228.25(b)(2) – In order to better align measurements of academic

achievement with English language acquisition, the Illinois State Board of Education has adopted a modified definition of English language proficiency for students in Illinois schools. Effective January 1, 2014, a student must obtain an overall composite proficiency level of 5.0 as well as a reading proficiency level of 4.2 and a writing proficiency level of 4.2 on the ACCESS for ELLs to be considered English language proficient. Any student that does not achieve the minimum composite, reading, and writing criteria is considered an English learner (EL) student and remains eligible for TBE/TPI services. Students who meet or exceed these proficiency levels may be transitioned from the TBE/TPI program as allowed under Part 228 of the Illinois Administrative Code.



23 IAC Section 226.625 Rights of the Parties Related to Hearings – The hearing rights of parties shall conform to the

requirements of 34 CFR 300.512 and Section 14-8.02a of the School Code [105 ILCS 5/14-8.02a]. In addition, the following requirements shall apply.

• b) Either party, or any other person participating in the hearing, may request that an interpreter be available during the hearing because one of the participants is hearing impaired and/or uses a primary language other than English. Interpreters shall be provided at the school district’s expense.

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Regulation Language Regarding ELs and Parents Who are Limited English Proficient

• (Notification of Conference provided in parent’s native language). . .unless it is clearly not feasible to do so . . . (34 CFR 300.503)

• . . . district shall take whatever action is necessary to facilitate the parent’s understanding of and participation in the proceedings at a meeting. . . (23 IAC Section 226.530)


Regulation Language Regarding ELs and Parents Who are Limited English Proficient,

continued

23 IAC Section 226.150 Evaluation to be Nondiscriminatory – d) Tests given to a child whose primary language is

other than English shall be relevant, to the maximum extent possible, to his or her culture.


Department of Education (DOE) Guidance Regarding ELs – OSEP Dear Colleague Letter of

January 7, 2015*

. . . public schools to comply with their legal obligations, under Title VI of the Civil Rights Act of 1964 (Title VI), must take affirmative steps to ensure that students with limited English proficiency (LEP) can meaningfully participate in their educational programs and services. (Title VI of the Civil Rights Act of 1964)

* The following excerpts do not reflect every fact or the entire scope contained within following guidance (Dear Colleague Letter of January 7, 2015). The reader is encouraged to review the full text of the source cited.


DOE Guidance II. Common Civil Rights Issues

– Through the Office of Civil Right’s and Department of Justice’s (DOJ) enforcement work, several areas have been identified that frequently result in noncompliance by school districts. . .

• F. Ensure that EL students with disabilities under the Individuals with Disabilities Education Act (IDEA) or Section 504 are evaluated in a timely and appropriate manner for special education and disability-related services and that their language needs are considered in evaluations and delivery of services . . .


DOE Guidance, continued

B. Providing EL Students with a Language Assistance Program

• Each EL student’s English proficiency level, grade level, and educational background, as well as language background for bilingual programs, must be considered to determine which EL program services are appropriate for EL students.

• . . . school districts must provide them (i.e., ELs) with appropriate language assistance services. Language assistance services or programs for EL students must be educationally sound in theory and effective in practice;



In their investigations, the DOE and DOJ consider, among other things, whether:

Schools provide all EL students with language assistance services that address their level of English language proficiency and give them an equal opportunity to meaningfully and equally participate in the district’s programs;

. . . examples of when the DOE/DOJ have identified compliance issues include when school districts: 2) supplement regular education instruction with only aides who

tutor EL students as opposed to teachers adequately trained to deliver the EL program; (3) fail to offer an EL program to a certain subset of EL students, such as students with disabilities . . .



F. Evaluating EL Students for Special Education Services and Providing Special Education and English Language Services – SEAs and school districts must ensure that all EL students

who may have a disability, like all other students who may have a disability and need services under IDEA or Section 504, are located, identified, and evaluated for special education and disability-related services in a timely manner.

– School districts must provide EL students with disabilities with both the language assistance and disability-related services . . .



. . . IDEA requires that the IEP team consider, among other special factors, the language needs of a child with limited English proficiency as those needs relate to the child’s IEP.

– To implement this requirement, it is essential that the IEP team include participants who have the requisite knowledge of the child’s language needs. To ensure that EL children with disabilities receive services that meet their language and special education needs, it is important for members of the IEP team to include professionals with training, and preferably expertise, in second language acquisition and an understanding of how to differentiate between the student’s limited English proficiency and the student’s disability . . . Special Education Directors’ Conference – August 2016 47


J. Ensuring Meaningful Communication with Limited English Proficient Parents – School districts and SEAs have an obligation to

ensure meaningful communication with LEP parents in a language they can understand and to adequately notify LEP parents of information about any program, service, or activity of a school district

• this essential information includes but is not limited to information regarding: language assistance programs, special education and related services, IEP meetings, grievance procedures . . .


Conclusions

• Emphasis on Compliance • Provision of

Appropriate Dual Services –Language-related –Disability-related

• Resources Special Education Directors’ Conference – August 2016 49

Special Thanks! This presentation was developed in collaboration with members

of the Illinois Board of Education’s Joint Bilingual Special Education Subcommittee.

Special thanks to:

Sara Jozwik, Juanita Rodriguez, Cristina Sanchez-Lopez, Diep Nguyen, and Żaneta Zak for their contributions.

For more information regarding the

Joint Bilingual Special Education Subcommittee, e-mail: [email protected]


mailto:[email protected]

Questions


Sara Jozwik Ed.D Assistant Professor

Illinois State University (309) 438-7386

[email protected]

Gilberto Sánchez Principal Consultant

Division of Special Education Services (312) 814-5560

[email protected]

51



Web-based Resources These websites provide information about supporting English learners with disabilities: • Center for Applied Linguistics - Center for Applied Linguistics is a private, nonprofit

organization promoting access, equity, and mutual understanding for linguistically and culturally diverse people around the world.

– Center for Applied Linguistics • English Learner Toolkit (see Chapter 6 on ELs with disabilities)

– http://www2.ed.gov/about/offices/list/oela/english-learner-toolkit/index.html • Resources from the Office of Civil Rights relevant to English learners

– http://www2.ed.gov/about/offices/list/ocr/ellresources.html • Dear Colleague Letter (available in seven languages): Guidance to ensure equal opportunities

for English Learners – https://www.justice.gov/crt/guidance-ensure-equal-opportunities-english-learner-

students • National Clearinghouse of English Language Acquisition

– http://ncela.ed.gov/ • WIDA Consortium, RtI2 Culturally and Linguistically Responsive RTI Planning Form online.

Retrieved from: https://www.wida.us/get.aspx?id=613 • İColorín Colorado! A bilingual site for families and educators of English Language Learners.

– www.colorincolorado.org • A website for educators of ELs with disabilities

– ellsped.org


http://www.cal.org/

http://www2.ed.gov/about/offices/list/oela/english-learner-toolkit/index.html

http://www2.ed.gov/about/offices/list/ocr/ellresources.html

https://www.justice.gov/crt/guidance-ensure-equal-opportunities-english-learner-students

https://www.justice.gov/crt/guidance-ensure-equal-opportunities-english-learner-students

http://ncela.ed.gov/

https://www.wida.us/get.aspx?id=613

http://www.colorincolorado.org/

http://www.colorincolorado.org/

Web-based Resources - ISBE

• Illinois State Board of Education resources for ELs with IEPs. Online. Retrieved from: http://www.isbe.net/bilingual/htmls/bilsp.htm

• Illinois State Board of Education. (2002). Serving English Language Learners with Disabilities. Online. Retrieved from: http://www.isbe.net/bilingual/pdfs/bilingual_manual2002.pdf

• Illinois State Board of Education. (2012). Illinois Special Education Eligibility and Entitlement Procedures and Criteria within a Response to Intervention (RtI) Framework. Online. Retrieved from: http://www.isbe.net/spec-ed/pdfs/sped_rti_framework.pdf


http://www.isbe.net/bilingual/htmls/bilsp.htm

http://www.isbe.net/bilingual/pdfs/bilingual_manual2002.pdf

http://www.isbe.net/spec-ed/pdfs/sped_rti_framework.pdf

http://www.isbe.net/spec-ed/pdfs/sped_rti_framework.pdf

References and Resources Books • Hamayan, E. V., Marler, B., Sanchez-Lopez, C., & Damico, J. (2013). Special education considerations for English language learners: Delivering a continuum of services (2nd ed.). Caslon Pub. • Hoover, J. J. (2009). Differentiating learning differences from disabilities: Meeting diverse needs through multi-tiered response to intervention. Prentice Hall. • Hoover, J. J., Baca, L. M., & Klingner, J. K. (2016). Why do English language learners struggle with reading?: Distinguishing language acquisition from learning disabilities (2nd ed.). Corwin Press. • Kalyanpur, M., & Harry, B. (2012). Cultural reciprocity in special education: Building family-professional partnerships. Baltimore, MD: Brookes. • Klingner, J. K., & Eppolito, A. M. (2014). English language learners: Differentiating between language acquisition and learning disabilities. Alexandria, VA: Council for Exceptional Children.


References and Resources, continued Peer-reviewed Scholarly Journal Articles • Girior, S., Grimaldo, L. R., Vaughn, S., & Roberts, G. (2015). Interactive read-alouds for English learners in the elementary grades.

The Reading Teacher, 68(8), 639-648.

• Jozwik, S. & Cuenca-Carlino, Y. (in review). Critical service learning in bilingual special education teacher preparation. Action in Teacher Education.

• Klingner, J. K., & Soltero-Gonzalez, L. (2009). Culturally and

linguistically responsive literacy instruction for English language learners with learning disabilities. Multiple Voices for Ethnically Diverse

Exceptional Learners, 12(1), 4-20.

• Orosco, M. J., & O’connor, R. (2014). Culturally Responsive Instruction for English language learners with Learning Disabilities. Journal of Learning Disabilities, 47, 515-531. • Richards-Tutor, C., Baker, D., Gersten, R., Baker, S., & Smith, J. M. (2015).

The effectiveness of reading interventions for English learners: A research synthesis. Exceptional Children, 82, 144-169. doi: 10.1177/0014402915585483


References and Resources, continued • Federal Registry. (2006). Federal Register Volume 71, Number

156 (Monday, August 14, 2006) online. Retrieved from: Federal Register, Volume 71 Issue 156 (Monday, August 14, 2006)

• Illinois State Board of Education. (2015). Bilingual Education Programs and English Language Learners in Illinois; SY 2013 (2012-2013 School Year) Statistical Report. Retrieved from: http://www.isbe.net/research/pdfs/el-program-stat-rpt13.pdf

• Illinois State Board of Education. (2002). Serving English Language Learners with Disabilities Retrieved from: http://www.isbe.net/bilingual/pdfs/bilingualmanual2002.pdf


https://www.gpo.gov/fdsys/pkg/FR-2006-08-14/html/06-6656.htm

https://www.gpo.gov/fdsys/pkg/FR-2006-08-14/html/06-6656.htm

http://www.isbe.net/research/pdfs/el-program-stat-rpt13.pdf

http://www.isbe.net/bilingual/pdfs/bilingual_manual2002.pdf

References and Resources, continued • Illinois State Board of Education. (2013). New “proficiency”

definition for identifying English Learners, notification pursuant to 23 Illinois Administrative Code 228.25(b)(2). Retrieved from: http://www.isbe.net/bilingual/pdfs/proficiency-def-mod-memo0613.pdf

• Illinois State Board of Education. (2016). Rules Currently in Effect (Subchapter f, Instruction for Specific Student Populations [226 and 228]) online. Retrieved from: Illinois State Board of Education - Rules currently in effect

• U.S. Government Printing Office. (2016). Electronic Code of Federal Regulations online. Retrieved from: eCFR — Code of Federal Regulations


http://www.isbe.net/bilingual/pdfs/proficiency-def-mod-memo0613.pdf

http://www.isbe.net/bilingual/pdfs/proficiency-def-mod-memo0613.pdf

http://www.isbe.net/rules/archive/default.htm

http://www.isbe.net/rules/archive/default.htm

http://www.ecfr.gov/cgi-bin/text-idx?SID=d6ae9a693dbd4671fe9fc14aefafc088&tpl=/ecfrbrowse/Title34/34cfr300_main_02.tpl

http://www.ecfr.gov/cgi-bin/text-idx?SID=d6ae9a693dbd4671fe9fc14aefafc088&tpl=/ecfrbrowse/Title34/34cfr300_main_02.tpl

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