MTSS for MLs

The ESEA, as amended by the ESSA, recognizes the unique instructional needs of MLs. Core language instruction has been mandated through the federal judicial system and is monitored by the OCR. The SCDE realizes that identified MLs have differing needs based on their success in learning academic English. 

Once students enter a core content area class, they may need ELD and other types of support that must be included in everyday classroom instruction. For MLs, these may consist of accommodations to the instructional activities, tasks, and assessments. As MLs attain fluency in English, however, fewer accommodations and direct ML services may be necessary. 

MLs at lower levels of proficiency and/or with an educational background of limited or interrupted instruction may require additional support, accommodations or modifications, and/or multiple classes of support in the beginning. 

MLP services are not intervention services; they are direct instructional services for MLs, also considered part of their Tier I instruction and supplemental to the general curriculum. Therefore, MLP services and accommodations should be treated with the same importance as any other core instruction. All MLs with an English proficiency level of ‘1.0-6.0’ or ‘A1-A3,’ as well as monitored students (M1-M4), if determined by the MLPT, must have an ILAP that specifies language accommodations on file, reviewed, and signed by team members. 

The ILAP is a legally binding document similar in importance to an IEP or a 504 plan. The Supreme Court case Lau v. Nichols (1974) and subsequent legislation from the Equal Education Opportunity Act (1974) obligate school districts to provide MLs with meaningful and equal access to the curriculum. ILAPs contain pertinent information about each ML and the specific accommodations to meet their needs. All teachers that serve the student must follow the specifications outlined in the ILAP. 

MLs should be considered the same as any other students eligible for any program that will help them reach the same standards of performance asked of all students. Evaluations and services may not be delayed because of a student’s proficiency level in the English language.  Once students enter a core content area class, they may need language development and other types of support that must be included in everyday classroom instruction. For MLs, these may consist of accommodations to the instructional activities, tasks, and assessments. As MLs attain fluency in English, however, fewer accommodations may be necessary. 

The number of MLs in South Carolina districts and schools varies widely throughout the state, and services for these students are also quite variable. In addition, those identified as MLs include students with different individual needs. MLPTs should be formed to support decisions for MTSS. MLPTs include stakeholders invested in ML’s education. This team may include guardians, content teachers, MLPS/teacher, administrators, counselors, speech-language pathologists (SLP), special education teachers, school psychologists, and students. MLPTs should consider the following general guidelines in determining MTSS services for MLs beyond Tier I instruction with all appropriate accommodations and modifications: 

• Create an MLPT to review the multiple points of data to determine the need for any additional services and/or interventions for an ML. 

• Closely observe individual ML’s “true peers,” those with similar cultural backgrounds, who have been learning English for similar amounts of time, who have similar levels of formal education in their native languages, and who receive similar MLP services. 

• Always use multiple points of data in determining the need for any additional services for MLs. For example, qualitative data from the MLPT, time exposed to the English language and high-quality instruction, acclimation to the school setting, the literacy level of native language (L1), prior education and educational background, and evidence of MLP services with appropriate accommodations implemented with fidelity. 

• Consider whether it is in the best interest of the student to receive Tier II or III interventions in addition to MLP support during the school day from different education professionals. 

• Always involve either the MLPS/teacher or the district Title III/Multilingual Learner Program Coordinator (MLPC) in final decisions involving MTSS Tier II or III interventions. 

It is critical to ensure that MLs have access to the general education curriculum and appropriate MLP supports based on language development levels. 

When a collaborative problem-solving team considers the need for Tier II strategic or supplemental interventions for a multilingual learner, the team should consider the following questions: 

1. Have multilingual learners had sufficient opportunity to learn (quality of instruction and reasonable time), with consideration of educational background? 

2. Does Tier I instruction reflect high-quality, differentiated best practices where the language and literacy teaching is appropriately scaffolded? 

3. Are meaningful opportunities for students to practice in the four language domains (listening, speaking, reading, and writing) implemented? 

4. Are our teachers respectful and supportive of multilingual learner students’ cultures and language learning needs, and culturally relevant principles applied to instruction and assessment? 

5. Are we committed to using only research and evidence-based interventions? 

6. Have appropriate accommodations been implemented with fidelity? 

7. How will we determine the fidelity of implementation (e.g., data-driven decisions) 

8. Prior to Tier II considerations, has collaboration taken place between specialists in language acquisition and/or other related school staff? 

When collaborative problem-solving teams discuss the need for intensive Tier III intervention for a multilingual learner, the team should consider the following questions: 

1. Are we giving our multilingual learners sufficient time, adjusted interventions, and support in Tier II before considering Tier III? 

2. Are the teachers providing the Tier II interventions highly qualified in their content areas and have educator knowledge of the second-language acquisition process and the role of language proficiency? 

3. Is the intervention using information based on ML’s proficiency level and co-developed with the support of an MLPS/teacher? 

4. Is the intervention differentiated, high-quality language and literacy instruction with varying levels of intensity? 

5. Is the intervention research-based or evidence-based? For more information on research-based/evidenced-based interventions, visit the following: 

a. National Center on Intensive Intervention. 

b. IRIS modules: 

i. Evidence-Based Practices (Part 1): Identifying and Selecting a Practice or Program and Evidence-Based Practices 

ii. Evidence-Based Practices (Part 2): Implementing a Practice or Program with Fidelity 

iii. Evidence-Based Practices (Part 3): Evaluating Learner Outcomes and Fidelity 

6. Are there criteria for successful responses to the intervention, such as rate and amount of growth and/or time in Tier II? 

7. Have decisions been data-informed and appropriate for instructional adjustments? 

8. Does the intervention lay out a plan for implementation, and is it captured somewhere to review if it was delivered as it was intended (e.g., the fidelity of implementation)? 

9. Are the progress monitoring probes appropriate for multilingual learners? Do they contain a language bias that may be affecting the data? 

10. Have culture and specific language learning needs been considered? 

11. Has the multidisciplinary team considered queries in the guidance from the South Carolina Standards for Evaluation and Eligibility Determination (SEED)? 

An effective data-based decision-making system for MLs includes the following: 

1. Screening and progress-monitoring measures with established validity and reliability with MLs. 

2. Educator knowledge and use of students’ language proficiency data when interpreting student achievement data. 

3. Regular review of student data for the purposes of planning instruction. 

4. Collaborative evaluation of student progress and instructional planning within all tiers of instruction. 

Resources 

● MTSS for ELs: Practice Guides 

● MTSS for ELs: Tools 

● Multitiered Instructional Systems for MLs 

● Helping English Language Learners Succeed with a Multitiered System of Support (MTSS) 

This information can be found in the Title III Multilingual Learner and Immigrant Children and Youth Program Guiding Principles.