9/18/2015. Best Practices in Developing Culturally and Linguistically Appropriate IEPs for ELs. Presentation Objectives.

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1 Best Practices in Developing Culturally and Linguistically Appropriate IEPs for ELs Division of English Language Learning & Division of Special Education Services September 2015 Presentation Objectives Review state and federal rules and regulations pertaining to English Learners (ELs) with disabilities Present guidance provided by both the Department of Education (DOE) and the U.S. Department of Justice (DOJ) Apply best practices in developing culturally and linguistically appropriate IEPs for ELs ELs in Illinois 200, , , , , ,000 80,000 60,000 40,000 20,000 0 About 10% of all students in Illinois are English Learners ELs could be born in the U.S. (at least 70%) or in another country They speak more than 130 different languages Spanish (80%) Polish (3%) Arabic (3%) Urdu (1%) Tagalog, Gujarati, Cantonese, Korean, Vietnamese, Mandarin (<1% each) They need assistance in English in order to achieve academic success 16.9% or 35,129 ELs were diagnosed with a disability 49% of these EL students were in grades 6 and higher 1

2 State and federal rules and regulations pertaining to English Learners (ELs) with disabilities State and Federal Law 23 Illinois Administrative Code 228: It is the responsibility of every school district to ensure that the components and requirements of the state mandated bilingual programs are implemented and the programs are in compliance with all federal and state laws. Each district should be committed to providing high quality bilingual education programs that provide curricula, instruction, and learning environments appropriate to the needs of ELs. Key Components: Purpose and Applicability Identification of Eligible Students Student Language Classification Data Program Options, Placement, and Assessment Language Services for Certain Students Exiting the Program Personnel Qualifications: Professional Development Program Plan Approval and Reimbursement Procedures s State and Federal Law Individuals with Disabilities Education Act (IDEA): Federal law protecting the educational rights of students with disabilities from ages 3 through 21. Key Components: Free Appropriate Public Education (FAPE) Timely (Bilingual Personnel) Individual Education Program (IEP) Least Restrictive Environment (LRE) Parent and Student Participation 2

3 Guidance provided by both the Department of Education (DOE) and the U.S. Department of Justice (DOJ) OSEP Dear Colleague Letter January 7, 2015 Issued joint guidance to assist SEAs, school district, and all public schools in meeting legal obligations to ensure that ELs can participate meaningfully and equally in educational programs and services. Offer approaches that SEAs and school districts may use to meet their Federal obligations to ELs. Discuss Federal obligation to ensure that LEP parents and guardians have meaningful access to district and school related information. OSEP Dear Colleague Letter Dual Obligation by SEAs and School Districts Meet linguistic and special education related needs Obtaining Meaningful Communication & Participation from Limited English Proficient (LEP) Parents Qualifications of Interpreter 3

4 Meeting Obligations under Civil Rights Laws to provide FAPE to an EL with a Disability Language assistance services and disability-related services are provided simultaneously to an EL student who has been evaluated and determined to be eligible for both types of services. The IEP for providing special education or disabilityrelated services address EL students language related needs. Ensuring ELs Can Participate Meaningfully and Equally Providing Dual Services to EL students: EL students with disabilities must be provided both the language assistance and disability-related services to which they are entitled under Federal law. To ensure an IEP for providing special education or disability related services addresses the language-related needs of an EL student: It is important that the team designing the plan include participants knowledgeable about the student s language needs. ISBE Special Education Directors Conference Best practices in developing culturally and linguistically appropriate IEPs for ELs 4

5 TBE: Transitional Bilingual Education Types of Program Models TPI Transitional Program of Instruction 20 or more ELs from the same language background in school (preschool is counted separately) The school can offer this program instead of TBE when there are 19 or fewer ELs from the same language background at school (preschool is counted separately) English as a Second Language (ESL) and instruction in English and in the home language in core academic subjects District / school locally determined - the program usually offers English as a second language (ESL) and native language support as needed CFR Part 300: Education of Children with Disabilities (IDEA) Section Development, review, and revision of IEP. (a) Development of IEP (1) General. In developing each child's IEP, the IEP Team must consider (ii) The concerns of the parents for enhancing the education of their child; (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; (iv) Consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; Linguistic Considerations Linguistically appropriate goals and objectives have the following characteristics: They are appropriate for the cognitive level of the student. They are appropriate for the linguistic level of the student. They match the developmental level of the student s primary or secondary language. They match the student s general education transition criteria and district re-designation policy. - Components of Linguistically Appropriate IEP, Imperial County SELPA, May 13,

6 Cultural Considerations Culturally appropriate goals and objectives have the following characteristics: They access the student s prior knowledge. They incorporate culturally relevant materials and experiences They affirm the student's cultural heritage. - Components of Linguistically Appropriate IEP, Imperial County SELPA, May 13, 2009 General Guidelines The following guidelines need to be followed in order to ensure that any given goal or objective meets the definition of being linguistically appropriate as specified above. It states specifically in what language (English, Spanish, Vietnamese, Tagalog, etc.) the particular goal will be accomplished. It is appropriate for the student s level of linguistic development and proficiency in that language. - Components of Linguistically Appropriate IEP, Imperial County SELPA, May 13, 2009 Parent/Guardian 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 Manifestation Determination Termination of Placement Initial Eligibility Initial IEP Transition Graduation Other (e.g. FBA/BIP) STUDENT S ADDRESS (Street, City, State, Zip Code) STUDENT S DATE OF BIRTH SIS ID NUMBER MALE ETHNICITY LANGUAGE/MODE OF COMMUNICATION USED BY STUDENT FEMALE PLACEMENT(To be completed after placement determination) CURRENT GRADE LEVEL DISABILITY(S) ANTICIPATED DATE OF HS GRADUATION MEDICAID NUMBER YES NO Placement is in Resident School 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) (2) LANGUAGE/MODE OF COMMUNICATION USED BY PARENT(S) Yes No Interpreter Yes No Interpreter 6

7 Appropriate IEP 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. ELIG. REVIEW IEP REVIEW IEP Parent Parent Student LEA Representative General Education Teacher Special Education Teacher School Psychologist School Social Worker Speech-Language Pathologist Bilingual Specialist Interpreter If the parent(s) did not attend the IEP meeting, document the attempts to contact the parent(s) prior to the IEP meeting. 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 language. Parental Educational Concerns/Input For English learners: Parents have made statements to the effect... Would like son/daughter to continue receiving Native Language Instruction/bilingual support.) PLAAFP, continued Student s Present Level of Academic Achievement (Include strengths and areas needing improvement) For English learners: Address how child disability effects academic achievement in English and child s native 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 child disability effects 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 education) ability to measure dangers in new country (safety issues). 7

8 Student Profile: José Fourth grade EL student from Mexico Diagnosed with an intellectual disability; Attended K-4 th in states Spanish is the only spoken language at home ACCESS 2015 Scores Listening: 1.0 Speaking: 1.0 Reading: 1.0 Writing: 1.0 Composite: 1.0 on Tier A Linguistically Appropriate Goals and Objectives, Programs and Services* Student Name: José Date of Meeting: XX/XX/201X 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 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: See Student Profile (José) 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 4 th grade level Spanish vocabulary terms, José will identify 20 words that indicate narrative points of view (he felt scared or estuvo asustado) from illustrated text using work/phrase banks with a partner with 85% accuracy. Indicate Goal Area: Academic Functional Transition Illinois Learning Standard: #NILS: Reading Literature (RL) Craft and Structure #6/WIDA ELD Standard 2 Linguistically Appropriate Goals and Objectives, Programs and Services* Title(s) of Goal Implementer(s) Special Education Service Provider 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.) Short-Term Objective/Benchmark for Measuring Progress on the Annual Goal Given 4 th grade level Spanish vocabulary terms, José will identify 5 words that indicate narrative points of view (he felt scared or estuvo asustado) from illustrated text using work/phrase banks with a partner. Schedule for Criteria Procedures Determining Progress Daily 85 % Accuracy Observation Log / # of attempts Data Charts Weekly Tests Quarterly Semester Word Bank - In Spanish Dates Reviewed/ Extent of Progress (Optional) Place dates progress reports are distributed. 8

9 Linguistically Appropriate Goals and Objectives, Programs and Services* Short-Term Objective/Benchmark for Measuring Progress on the Annual Goal Given 4 th grade level Spanish vocabulary terms, José will identify 10 words that indicate narrative points of view (he felt scared or estuvo asustado) from illustrated text using work/phrase banks with a partner. Schedule for Criteria Procedures Determining Progress Daily % Accuracy Observation Log # of attempts Data Charts Weekly Tests Quarterly Semester Word Bank - In Spanish Dates Reviewed/ Extent of Progress (Optional) Place dates progress reports are distributed. Short-Term Objective/Benchmark for Measuring Progress on the Annual Goal Given 4 th grade level Spanish vocabulary terms, José will identify 15 words that indicate narrative points of view (he felt scared or estuvo asustado) from illustrated text using work/phrase banks with a partner. Schedule for Dates Reviewed/ Criteria Procedures Determining Progress Extent of Progress (Optional) % Accuracy Observation Daily Place dates progress reports are distributed. Log # of attempts Data Charts Weekly Tests Quarterly Semester Word Bank - In Spanish Student Profile: Zofia Fourth grade EL student from Poland, diagnosed with a mild learning disability in second grade Child has travelled back and forth between Poland and U.S approximately every two years NWEA Reading Spring Score 2015: (2 nd grade level) W-APT 2014 (Fall) Scores ACCESS 2015 Scores Listening: 2.5 Listening: 2.8 Speaking: 2.0 Speaking: 2.5 Reading: 1.2 Reading: 1.5 Writing: 1.0 Writing: 1.0 Composite: 1.7 Composite: 2.0 Tier B Linguistically Appropriate Goals and Objectives, Programs and Services* Student Name: Zofia Date of Meeting: XX/XX/201X 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.) 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 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: See Student Profile (Zofia) 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 4 th grade level passages, Zofia will compare and contrast narrative points of view in English, with native language support, in extended texts (1-2 pages) using graphic organizers with a partner with 90% accuracy. Indicate Goal Area: Academic Functional Transition Illinois Learning Standard: #NILS: Reading Literature (RL) Craft and Structure #6/WIDA ELD Standard 2 September

10 Linguistically Appropriate Goals and Objectives, Programs and Services* Title(s) of Goal Implementer(s) Special Education Service Provider Short-Term Objective/Benchmark for Measuring Progress on the Annual Goal Given 4 th grade level passages, Zofia will compare and contrast narrative points of view in English, with native language support, in simple texts (5-6 sentences) using graphic organizers with a partner with 90% accuracy. Criteria Procedures Schedule for Determining Progress 85 % Accuracy Observation Log Daily / # of attempts Data Charts Weekly Tests Quarterly Semester Dates Reviewed/ Extent of Progress (Optional) Place dates progress reports are distributed. Linguistically Appropriate Goals and Objectives, Programs and Services* Short-Term Objective/Benchmark for Measuring Progress on the Annual Goal Given 4 th grade level passages, Zofia will compare and contrast narrative points of view in English, with native language support, in texts (1-2 paragraphs) using graphic organizers with a partner with 90% accuracy. Schedule for Criteria Procedures Determining Progress Daily 85 % Accuracy Observation Log / # of attempts Data Charts Weekly Tests Quarterly Semester Dates Reviewed/ Extent of Progress (Optional) Place dates progress reports are distributed. Short-Term Objective/Benchmark for Measuring Progress on the Annual Goal Given 4 th grade level passages, Zofia will compare and contrast narrative points of view in English, with native language support, in extended texts (1-2 pages) using graphic organizers with a partner with 75% accuracy. Schedule for Criteria Procedures Determining Progress Daily 85 % Accuracy Observation Log / # of attempts Data Charts Weekly Tests Quarterly Semester Dates Reviewed/ Extent of Progress (Optional) Place dates progress reports are distributed. Consideration of Special Factors 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 Yes No limited English proficiency language needs 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 10

11 Linguistic and Cultural Accommodations 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 reflect experiences and backgrounds of diverse student body. 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: may cite instruction/services in native language instruction/(esl) support, participation in fulltime, part-time TBE or TPI program. Possible need for aide to meet language needs. 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 child s native language. Visual supports in the child s native language (e.g., pictures or labels) Supports for School Personnel 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. For monolingual, English speaking staff: what training/supports are needed to effectively address the disability, culture and language-related needs of ELs with a disability (e.g., consultation with SPED staff and Bilingual/ESL staff). State Assessment of Language Proficiency STATE ACADEMIC ASSESSMENTS The State academic assessments are the Illinois Standards Achievement Test (ISAT) at grades 3-8 and the Prairie State Achievement Exam (PSAE) at grade 11, Illinois Measure of Annual Growth in English (IMAGE) in grades 3-8 and 11 (for English Language Learner (ELL) students), and Illinois alternate Assessment (IAA) in grades 3-8 and 11. Student will: State academic assessments are not administered at this grade level Participate in the ISAT/PSAE/IMAGE with no accommodations Participate in the ISAT/PSAE/IMAGE with accommodations Participate in the IAA On PARCC: Accommodations for ELs with Disabilities - Allowed both accommodations listed for ELs and SWD based on particular child s needs. If the student will participate in the IAA, the following were met: The ISAT/PSAE/IMAGE is not appropriate (specify) The IAA participation guidelines were met The alternate assessment selected is appropriate for the student (explain) STATE ASSESSMENT OF LANGUAGE PROFICIENCY The State assessment of language proficiency is Assessing Comprehension and Communication in English State to State (ACCESS) in grades K-12 Yes No ENGLISH LANGUAGE LEARNER (ELL). If NO, skip to next section Student will: participate in the ACCESS with no accommodations participate in the ACCESS with accommodations Alternate ACCESS: Alternate Model Performance Indicators (AMPIs) 11

12 Effective Language Assistance to Parents who are Limited English Proficient Districts must provide effective language assistance to LEP parents: LEP parents are entitled to meaningful communication in a language they can understand, such as translated materials or a language interpreter. Schools must respond to a parent s request for language assistance. Note, parents can be limited English proficient even if their child is proficient in English. Information for LEP Parents and Guardians Schools must provide translation or interpretation from appropriate and competent individuals. Translators must have a knowledge in both languages of any specialized terms or concepts and are be trained regarding: the role of interpreter and translator; ethics of interpreting and translating; and, the need to maintain confidentiality. May not rely on or ask students, siblings, friends or untrained school staff to translate or interpret for parents. IEPs for English Learners IEP indicates if the student is classified as an EL. IEP includes information about the student s current level of English language proficiency in listening, speaking, reading, and writing. IEP indicates if testing accommodations are needed to take a standardized test. IEP indicates if primary language support is needed. IEP indicates what language(s) will be the language(s) of instruction. The IEP includes goals and objectives that are linguistically appropriate. Parents must be informed of their child s needs and programs in a language that they understand. 12

13 Questions Zaneta Zak Division of English Language Learning Juana (Burchell) Thomas Division of Special Education Services Gilberto Sánchez Division of Special Education Services 13