ENGLISH LEARNERS WITH DISABILITIES
“Identifying, assessing, and differentiating instruction for English learners with disabilities require educators first to understand the complex interrelationships of language, culture, home, and school factors that affect learning and behavior and then to consider these factors when making decisions about students’ unique characteristics and needs so that they may thrive at school. Leaders and educators will best be prepared to meet student needs by collaboratively developing and implementing a process for educating English learners with disabilities” (CA Guide for Educating English Learners with Disabilities).
ANNUAL EL ASSESSMENT PARTICIPATION
The Individuals with Disabilities Education Act (IDEA) requires each school to ensure that a free appropriate public education (FAPE) is made available to all eligible children with disabilities residing in the State in mandatory age ranges, beginning at age 3 and possibly lasting to a child’s 22nd birthday, depending on State law or practice (34 CFR §§300.101-300.102). These entities also must ensure that the IDEA’s rights and protections are extended to eligible children and their parents (34 CFR §§300.100 and 300.201). IDEA requires that all students with disabilities be included in all general State assessment programs, including assessments described under section 1111 of the Elementary and Secondary Education Act (ESEA), with appropriate accommodations and alternate assessments, if necessary, as indicated in their respective Individual Education Programs (IEP) (section 612(a)(16)(A) of the IDEA, 34 CFR §300.160(a), and section 1111(b) of the ESEA).
Both Titles I and III of the ESEA require schools to annually assess the English proficiency of all ELs in the State enrolled in public schools in grades transitional kindergarten through twelve in the domains of speaking, listening, reading, and writing (sections 1111(b)(7) and 1123(b)(3)(D) of the ESEA). Accordingly, as part of a general State assessment program, all ELs with disabilities must participate in the annual State English Language Proficiency (ELP) assessment with or without appropriate accommodations or by taking an alternate assessment, if necessary, consistent with their IEPs.
ELs with disabilities can participate in the annual State ELL assessment in the following ways, as determined by their respective IEP Teams:
1. In the regular State ELP assessment without accommodations (in the same way as ELs without disabilities take the assessment);
2. In the regular State ELP assessment through the use of one or more appropriate accommodations as indicated in the student’s IEP; or
3. In an alternate assessment aligned to State ELP standards, if the IEP Team determines that the student cannot participate in the regular State ELP assessment, with or without appropriate accommodations.
INDIVIDUALIZED EDUCATION PLANS (IEPs)
It is important that the IEP Team for a student identified as an ELL with disabilities include persons with expertise in second language acquisition and other professionals, such as speech-language pathologists, who understand how to differentiate between limited English proficiency and a disability. The participation of these individuals on the IEP Team is essential in order to develop appropriate academic and functional goals for the child and provide specially designed instruction and the necessary related services to meet these goals.
A student identified as ELL who has a disability will receive both English Language support services as outlined in the English Learning Plan and special education services as determined by the IEP Team and plan.
ELD DEPARTMENT AND IEP TEAM COMMUNICATION
At the beginning of each school year or within 30 days of receiving a student with an IEP on their caseload, all ELD Specialists complete a Special Education Student Profile Form for each student. ELD Specialists use this information to inform their service plan for each EL with disabilities. At the beginning of each learning cycle, the ELD Specialist sends a copy of the English Language Plan (ELP) to the Education Specialist which includes the ELD goals, as well as service minutes and live class times.
The ELD Coordinator collaborates with the Special Education department administration to ensure proper services and support are in place for all English Learners with an IEP or 504 Plan.
A representative of the ELD team will be an active participant in the student’s IEP or 504 plan team decisions.