In addition to meeting state standards for academic achievement, a. for English proficiency is reached, LEAs must continue to provide services in

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1 Reclassification of English Learners with Disabilities In addition to meeting state standards for academic achievement, a central educational goal for English learners (ELs) is to demonstrate proficiency in comprehension, speaking, reading, and writing in English. Until the criterion for English proficiency is reached, LEAs must continue to provide services in English Language Development (ELD) to assist the student in achieving proficiency in all four domains. Once English proficiency has been obtained, LEAs are still obligated to monitor student progress for a minimum of two years. Criteria for Reclassification It is the responsibility of the LEA to develop and adopt reclassification policies and procedures for English learners. Both should be included in the LEA s plan for EL services. The policies and procedures, at a minimum, must include the following four criteria which are codified, in statute, in both the California Code of Regulations and Education Code. 1) Assessment of English language proficiency using the CELDT as the primary criterion (EC 313[d][1]; 5 CCR 11303[a]) 2) Comparison of performance in basic skills against an empirically established range of performance such as the California Standards Test

2 for English-Language Arts (EC 313[d][4]; 5 CCR 11303[d]) 3) Teacher evaluation that includes, but is not limited to the pupil s academic performance (EC 313[d][2]; 5 CCR 11303[b]) 4) Parent opinion and consultation (EC 313[d][3]; 5 CCR 11303[c]) Monitoring Progress toward Reclassification The reclassification process applies to EL students in special education as well as to those in general education. Districts must monitor the progress of all EL toward acquiring proficiency in English as well as their progress in meeting grade level content standards. Reclassification of the English Learner who has an active IEP and is receiving special education and related services. English learners with a disability, who have an active IEP, must meet the same objective criteria outlined in the LEA s reclassification policies and procedures, in order to be reclassified as English proficient. A student with a learning disability may take longer to satisfy the requirements related to reclassification, but is expected to do so, just as that same student is expected to meet the criteria, referenced in California Education Code, adopted by the LEA in order to be awarded a high school diploma. The LEA shall not create or adopt blanket alternative criteria for students with disabilities.

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5 Reclassification Procedures and the Role of the IEP Team If students receiving special education services meet a district s reclassification criteria, the district shall follow its adopted policies and procedures for reclassification. As a part of the reclassification procedure, parents must be accorded the opportunity to provide input concerning this decision, however, the LEA does not have to have parent consent in order to reclassify the student, even when the student has a disability. Although reclassification takes place outside of the IEP process, it is important that the IEP team be informed of the decision to classify a student as RFEP. While the reclassification process is that of general education, the decisions will have an impact on the student s IEP. An IEP discussion is important because reclassification may necessitate changes to the student s goals or services. For example, the student may no longer require ELD services; but the student may need additional special education support in English language arts since ELD instruction is ending. IEP teams discussing students who may be reclassified, or who have recently been reclassified, should include certificated staff members who have provided EL services to the student or a teacher certificated to teach EL students who are knowledgeable about this specific student. The IEP team must include persons with experience, knowledge and understanding of second language acquisition, and how this may interact with the student s disability.

6 Students who Remain English Learners Due to the severity of certain disabilities, it is possible that there are English Learners who may never meet the criteria to be reclassified as Fluent English Proficient (RFEP). In these instances, the LEA must continue to meet its obligation of providing English Language Development instruction and Special Education and related services to the student until the student exits the K-12 setting. The IEP teams for such students may determine alternative measures to be used to assess and monitor student progress in the four domains of English language development. Individualized Alternative Reclassification LEAs may not develop or adopt blanket alternative blanket criteria for the reclassification of students with disabilities. On a case-by-case basis, it may be appropriate for the IEP team to develop individualized alternative reclassification measures for an EL student who has demonstrated a level of English proficiency and academic achievement sufficient to participate successfully in the curriculum without the support of EL services. The development of individualized alternative measures would be appropriate, only if the team has objective information showing that the measures have been met. For example, a hearing impaired student who meets the other criteria would be assessed for English language proficiency with an alternate instrument measuring his listening and speaking skills (comprehension) since his hearing disability could prevent an accurate measure on one or more sections of the CELDT. That student s reading and

7 writing scores would be used in coordination with the alternate assessment instrument to determine his English language proficiency. While the reclassification process/procedures is a function of general education, and is decided outside of the IEP process, it is important to keep the IEP team informed of the student s level of progress as the team is required to document consideration of language needs as they relate to the IEP and to develop linguistically appropriate goals and objectives based on current proficiency levels. Collaboration between general and special education may be described in the LEA s plan for EL services. It may be that the classroom teacher or the teacher of ELD is the appropriate team member to share language information. Deleted: it is appropriate that the IEP team be informed of the status of the EL student. Practices which do not Meet Legal Requirements There are several reclassification practices that districts have followed in the past that resulted in noncompliance. It is not appropriate for a district to have blanket or standard alternative reclassification criteria for all students receiving special education services, or for certain groups of students with disabilities. Acceptable practice is to use the district s regular objective reclassification criteria that are based on the four required California Education Code criteria. In special situations only, on a case-by-case basis, districts may substitute carefully considered individualized alternative measures only if the four required criteria are included. It is not appropriate to exit students with disabilities from EL services once they qualify for special education services. Special education is not a substitute for EL services. Students with disabilities who

8 are English learners--even those with severely disabling conditions--must be provided with services that are appropriate to their disability related needs and their English learner needs. It is not appropriate to exit students from EL services because they lack language skills in the primary language. Just as it would not change the status of a non-disabled child, lack of language skills in the primary language does not change the child s designation as an English learner. For purposes of reclassification it is not appropriate to compare an EL student to a non-el student with the same type of disability. English learners who are receiving special education services must be considered for reclassification on an individual basis. Just as in the case of all other former English learners, districts are required to monitor the academic progress and achievement of students who are disabled for two years after reclassification. The purpose of this monitoring is to identify whether the student still has some educational needs that should be addressed. The district must have a regular process in place to monitor reclassified students who are not progressing satisfactorily, and determine what interventions they need. The student s IEP team should also be a part of this process. The IEP

9 team must continue to include members knowledgeable about the English language acquisition process and the district s services for ELs.