Serving English Learner (EL) Students with Disabilities

1. Serving English Learner (EL) Students with Disabilities Presenters: Amy Bae, United States Department of Education, Office of Special Education Programs (OSEP) Tara Courchaine, United States Department of Education, Office of Special Education Programs (OSEP) Brenda Calderon, United States Department of Education, Office of Elementary and Secondary Education (OESE)

2. OSEP Disclaimer 2019 OSEP Leadership Conference DISCLAIMER: The contents of this presentation were developed by the presenters for the 2019 OSEP Leadership Conference. However, these contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government. (Authority: 20 U.S.C. 1221e-3 and 3474)

3. Objectives for the Session • present pertinent data • review newresources recently released by the Department • highlight resources available to support States in building their capacity to strengthen local capacity to improve results for English learners with disabilities • address ways attendees can improve cross program strategic planning

4. What do the data tell us?

5. Percent enrollment of students with disabilities who are ELs  Sources: U.S. Department of Education, EDFacts Data Warehouse (EDW): “IDEA Part B Child Count and Educational Environments Collection,” 2016-17. U.S. Department of Education, National Center for Education Statistics, Common Core of Data (CCD), "State Nonfiscal Survey of Public Elementary/Secondary Education," 2016-17.

6. ELs with disabilities and the percentage of non-ELs with disabilities by disability category ELs with disabilities by disability category Source: U.S. Department of Education, EDFacts Data Warehouse (EDW): “IDEA Part B Child Count and Educational Environments Collection,” 2013–14. Data extracted as of January 19, 2017, from http://www2.ed.gov/programs/osepidea/618-data/state-level-data-files/part-b-data/child-count-and-educational-environments/bchildcountandedenvironments2013.csv

7. Legislation and Guidance

8. Individuals with Disabilities Education Act (IDEA) The purpose of the IDEA is: “(a) To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; (b) To ensure that the rights of children with disabilities and their parents are protected; (c) To assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities; and (d) To assess and ensure the effectiveness of efforts to educate children with disabilities.” (34 C.F.R. §300.1)

9. Title I and Title III of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA)  • The purpose of Title I, Part A is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps. (ESEA section 1001) • Title I grants: provide support of students at risk of educational failure, or help all students in high-poverty schools meet State standards. • The purpose of Title III, Part A is to help ensure that ELs, including immigrant children and youth, attain English proficiency and develop high levels of academic achievement in English. (ESEA section 3102)

10. ESEA Title III Guidance – English Learners https://www2.ed.gov/policy/elsec/leg/essa/essatitleiiiguidenglishlearners10219.pdf Provides guidance on: The requirements under Title III for English learners with disabilities. Consideration when determining the effectiveness of teachers and professional development for teachers who teach English learners with disabilities. Resources available to assist States, LEAs, and school staff in providing appropriate instructional and assessment accommodations.

11. New EL Resource Addendum to September 23, 2016, Non-Regulatory Guidance https://www2.ed.gov/about/offices/list/oese/oss/technicalassistance/englishlearners.html Provides guidance on: Erroneously identified students. Exiting ELs with disabilities from EL Status. Assessing ELs with a disability whose disability precludes assessment in one or more domains.

12. What are the Requirements for an SEA to Establish Standardized Entrance and Exit Procedures for ELs under ESEA? Under Section 3113(b)(2) of ESEA, as amended by ESSA, each SEA receiving a Title III, Part A State formula grant must establish and implement standardized statewide entrance and exit procedures for ELs and conduct timely and meaningful consultation with local educational agencies (LEAs) representing the geographic diversity of the State. The requirement that the procedures be “statewide” means they must be consistently applied across the State.

13. Timeline by which ELs must be identified • Under section 3113(b)(2) of ESEA, a student who may be an EL must be assessed for such status within 30 days of enrollment in a school in the State. • An SEA should also have procedures in place to identify in a timely manner ELs who may not have been identified during this initial identification period. • An SEA should make every effort to identify students who are ELs as soon as possible in order to provide timely support for students who may be in need of language services. • Each LEA that uses funds under either ESEA Title I or Title III to supplement its language instruction educational programs must provide a parent of an EL student with notification that outlines their child’s identification as an EL and placement in a language instruction educational program and other required notifications.

14. May an LEA remove a student’s EL designation if that student was erroneously identified as an EL, even if the student does not score proficient on the annual ELP assessment? An erroneously identified EL is a student who was identified as an EL, but should not have been, because the student does not in fact meet the definition of “English learner” in ESEA Section 8101(20). There are rare exceptions to the general rule that after a student is identified as an EL, the LEA may not remove the EL designation before that student scores proficient on the assessment of the four language domains, even if the student’s parents object to the EL designation (although parents have the right to decline services).

15. When must a student be exited from EL status for ESEA purposes? An EL must be exited from EL status for ESEA purposes when the student satisfies the State’s standardized statewide exit procedures. This requirement applies to an EL with a disability as well. In order to be exited from EL status a student must demonstrate proficiency on a valid and reliable ELP assessment. In a State that has additional exit procedures, however, a student who scores proficient on the ELP assessment is not exited until the student meets those additional objective procedures.

16. May an EL with a disability whose disability precludes his or her assessment in one or more domains of the State ELP assessment be exited from language services? Under 34 C.F.R. §200.6(h)(4)(ii), if it is determined on an individualized basis that an EL has a disability that precludes assessment in one or more domains of the ELP assessment (speaking, listening, reading and writing), such that there are no appropriate accommodations for the affected domain or domains, an SEA must assess the child’s English language proficiency based on the remaining domains in which it is possible to assess the student. An SEA that uses a composite or weighted score across the domains should determine what revised composite or weighting is needed for exit in less than all four domains.

17. Does an SEA have the option of including in its exit procedures other objective, valid, and reliable procedures in addition to the State’s ELP assessment? • An SEA may include additional measures in its standardized statewide exit procedures that are valid, reliable, objective and applied and weighted the same way across the State. • Examples: local input such as the use of a teacher rubric or objective portfolio as part of its statewide exit procedures, as long as applied and weighted consistently across the State • A State should not use additional procedures in its exit procedures that do not measure English language proficiency, such as the results of the Mathematics content assessment.

18. Resources

19. OSEP Resources IDEA Website: https://sites.ed.gov/idea/topic-areas/ IDEA’s That Work: https://osepideasthatwork.org/federal-resources-stakeholders/english-language-learners OSERS Blog: https://sites.ed.gov/osers/2018/11/teaching-english-learner-students-with-disabilities/ ELs with Disabilities Infographic: https://infogram.com/1pg23zmrmqmrz3h93jd0ek0vr1cw9m6kly0?live

20. OSEP Funded Discretionary Projects

21. Model Demonstration Projects Cohort 1 (Grades K-2) • Features of these models include: • Appropriate, research-based reading instruction and interventions for ELs • Culturally responsive teaching strategies and principles • Professional development and strategic coaching for teachers • Assessment, screening, and progress monitoring of students in need of support

22. Model Demonstration Projects Cohort 1 – Resource Briefs • Meeting the needs of English Learners through a multi-tiered instructional framework  • Assessment and databased decision-making • Core and supplemental English as a second language • Literacy instruction for English learners core and supplemental biliteracy instruction for English learners  • Professional development to support a multitiered instructional framework https://www.mtss4els.org/resources/briefs

23. Model Demonstration Projects Cohort 2 (Grades 3-5) • Features of these models include: • Appropriate research-based reading instruction and intervention for ELs • Culturally responsive teaching strategies and principles • Professional development and strategic coaching for teachers • Linguistically aligned progress monitoring and screening measures • Data-based educational decision-making • https://www.mtss4els.org/

24. Model Demonstration Projects Cohort 2– Resource Briefs  • Meeting the needs of culturally and linguistically diverse students Coming soon:  • Evidence-based strategies for supplemental (Tiers II and III) instruction for ELs • ELs with disabilities: recommendations for practice • Multi-tiered instruction within EL and bilingual education models • Fostering leadership for effective multi-tiered frameworks for ELs • Collaboration https://www.mtss4els.org/resources/briefs

25. Resources Across ED • EL Resource Page: https://www2.ed.gov/about/offices/list/oese/oss/technicalassistance/englishlearners.html • EL Data Story: https://www2.ed.gov/datastory/el-characteristics/index.html#intro • Students with Disabilities Who are English Learners Fast Facts: https://ncela.ed.gov/files/fast_facts/05-19-2017/ELStudentsWithDisabilities_FastFacts_4p.pdf • English Learner Tool Kit: https://www2.ed.gov/about/offices/list/oela/english-learner-toolkit/index.html • Supporting English Learners Through Educational Technology: https://tech.ed.gov/edtech-english-learner-toolkits/educators/ • State Support Network: https://statesupportnetwork.ed.gov/state-support-network-communities-practice

26. Collaboration Across Programs

27. OSEP Intra-Agency to Support ELs with Disabilities

28. What do we mean… Strategic Planning Collaboration Alignment

29. Turn and Talk Activity • What benefits do you see in collaborating and aligning program work and other initiatives? How are you currently doing this? • What are the risks of not collaborating and aligning program work and other initiatives?

30. SUPPORTING English learner students with Disabilities THROUGH COLLABORATION What we hear states are doing Coordinating monitoring and technical assistance efforts to better support local work to improve outcomes. Considering alignment of reporting across Federal requirements to increase transparency and improve understanding among stakeholders, particularly for high impact requirements such as school improvement identification. Taking inventory of needs assessment planning to reduce duplication and streamline future efforts. Developing and working toward shared ESSA and IDEA Goals. Developing information and resources collaboratively with both IDEA and Title I and III Staff. Leveraging federal funds to improve outcomes for all students.

31. Initiative Alignment SPP/APR ESEA State Plans SSIP Improved Outcomes

32. Strategic Planning

33. Collaboration Activity Using the blank planning sheets at your tables: • Plan: Identify one area in the “What We Know” section. Work with your table to brainstorm a few of the columns. • Application: Move to the “What are we going to do about it:” section. Work with your table to brainstorm a few of the columns. • Reflect: As you listen, write down other things you might be interested in exploring in your State. • Development: Take a minute to circle a few key ideas you will bring back to your teams.

34. Questions?

35. Contact Us! Amy Bae, OSEP, Amy.Bae@ed.gov Tara Courchaine, OSEP, Tara.Courchaine@ed.gov Brenda Calderon, OESE, Brenda.Calderon@ed.gov

36. OSEP Disclaimer 2019 OSEP Leadership Conference DISCLAIMER: The contents of this presentation were developed by the presenters for the 2019 OSEP Leadership Conference. However, these contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government. (Authority: 20 U.S.C. 1221e-3 and 3474) This Photo by Unknown Author is licensed under CC BY-SA This Photo by Unknown Author is licensed under CC BY-SA