Diversity in Diversity – Services to English Learners – A Federal Perspective

1. Diversity in Diversity – Services to English Learners – A Federal Perspective Northern New England TESOL Conference November 13, 2010 Millie Bentley-Memon, Ph.D. Title III Group Office of Elementary & Secondary Education US. Department of Education

2. Session Overview – True or False? • The speaker will provide an overview of English learner demographic data in Maine & the nation. • The speaker lives in a State where they eat crustaceans. • The speaker will talk about considerations for services to English learners who are students with disabilities. 4) The speaker will give away candy ‘door’ prizes. • The speaker will provide updates from the U.S. Department of Education.

3. English Learners (ELs) – the Nation • There are more than 4.5 million English learners (ELs)/limited English proficient students nationwide = 9.1% of the overall K-12 student population. • Approximately 70% of English learner students are served under Title I. • The percentage of EL students in States ranges from less than 1% to 26% of the students in the State. The concentration of ELstudents varies widely across States and districts. (Source: State-submitted EDFacts data for the 07-08 school year)

4. Number of EL/LEP Students In the U.S.

5. English Learners – the Nation • The number of EL children grades K-12 has increased • by almost 60% over the past ten years (National • Clearinghouse for English Language Acquisition • (NCELA), 2007). • There has been a dramatic rise in the number of • children who have at least one parent born outside • the US; these children now compose one in five • students in US schools (NCELA, 2007). • In 2000, 47 million people in the US (18% of the • population) spoke a language other than English • (2000 US Census). By 2030, this percentage is • projected to be 40% (National Council • of Teachers of English, 2001).

6. LEP Population Growth (1995-2006) • EL/LEP Population Growth • 1995-2006

7. Number and Percent of EL Students with Disabilities – the Nation Source: State-reported data in EDFacts for the 08-09 school year

8. EL Student Disability Status by Disability – the Nation Source: State-reported data in EDFacts for the 08-09 school year

9. EL Student Disability Status by Disability - the Nation • Specific learning disability - 243,228 (53.95%) • Speech or language impairment – 103,051 (22.86%) • Mental retardation – 32,460 (7.2%) • Other health impairment – 21,087 (4.68%) • Autism – 14,286 (3.17%) • Emotional disturbance – 10,208 (2.2%) • Hearing impairment – 7,555 (1.68%) • Orthopedic impairment – 5,871 (1.3%) • Developmental delay – 5,745 (1.27%) • Multiple disabilities – 3,997 (.89%) • Visual impairment – 2,028 (.45%) • Traumatic brain injury – 1,207 (.27%) • Deaf-blindness – 90 (<1%) Source: State-reported data in EDFacts for the 08-09 school year

10. Maine in Perspective – National Data

11. English Learners in Maine • Maine reported between 4,200 – 4,562 ELs in the State for the 08-09 school year. • Of 4,215 ELs reported for the 08-09 school year, 395 (9%) were reported as students with disabilities. • The most commonly spoken languages of ELs are: Somali (33%), Spanish (11%), French(7%), Central Khmer (6%), and Arabic (6%) 37% of ELs spoke other languages. (Source: 2008-09 EDFacts State-reported data)

12. English Learners in Maine – Achievement of Former ELs • Of former EL/LEP students assessed in math in 08-09, 77% scored at or above the proficient level. • Of former EL/LEP students assessed in reading/language arts in 08-09, 89% scored at or above the proficient level. • Of former EL/LEP students assessed in science in 08-09, 72% scored at or above the proficient level. • (Source: 2008-09 EDFacts State-reported data)

13. English Learner Students with Disabilities in Maine

14. Pair Share Discuss with your neighbor/others at your table: Have you served any English learners with disabilities at your school (or in your district), and if so, what do you think was most important to meet their needs?

15. Supports & Services for English Learner Students with Disabilities Educational program provided at the district and school: for all children for English learners for students with disabilities for English learners who are students with disabilities Appropriate placement, differentiated research-based high-quality instruction based on students needs, assessment and monitoring of educational progress based on any IEP or language instruction plan. Assessment and monitoring of educational progress based on any IEP or language instruction plan. Federal, State, & local requirements

16. (Select) Legal Requirements – Title III • All identified limited English proficient (LEP) students in grades K-12 in the State must be annually assessed for English language proficiency (also a Title I requirement.) (Section 3113(b)(3)(D)) • All LEP students served under Title III must be included in Title III accountability (annual measurable achievement objectives - AMAOs). (Section 3122(a)(1))

17. (Select) Legal Requirements – Title III Parents of LEP children identified for participation in or participating in Title III must be annually notified regarding: 1)reasons for identification of their child as LEP 2)child’s level of English language proficiency 3)method of instruction in current and other available programs 4)how the program will meet the needs of the child 5)how the program will help the child learn English & meet State standards 6)exit requirements, rate of transition 7)in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and 8)written guidance on parental rights to decline to enroll, immediately withdraw from, or select another program. Section 3302(a)(1-8)

18. (Select) Requirements under IDEA • The public agency must ensure the parent understands the proceedings of the IEP meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English. (Section 300.345) • The IEP team shall consider how the child’s level of English proficiency affects the special education and related services a child needs to receive FAPE. (Section 300.346) • The public agency must make reasonable efforts to ensure parents understand and are able to participate in any group decisions relating to educational placement of their child, including arranging for an interpreter for parents with deafness or whose native language is other than English. (Section 300.501)

19. (Select) Requirements under IDEA • Written notice must be given to the parents of a child with a disability before the agency proposes or refuses to initiate or change the identification, evaluation, or educational placement of a child. This written notice must be provided in the native language of the parent unless it is clearly not feasible to do so. (Section 300.503) • Tests and other evaluation materials used to assess a child under Part B of IDEA must be provided and administered in the child’s native language, unless it is clearly not feasible to do so. (Section 300.532) • A child may not be determined to be eligible under IDEA Part B if the determinant factor for that eligibility determination is the child’s lack of instruction in reading or math or the child’s limited English proficiency and the child does not otherwise meet the eligibility criteria for a ‘child with a disability.’ A public agency must also ensure that a child who has a disability is not excluded from eligibility because the child also has limited English proficiency. (Section 300.534)

20. Challenges – Identification, Instruction, & Assessment • Initial identification as LEP and as SWD – over and underidentification • Timelines for identification as EL and SWD and student placement • Best practice instructional approaches • Inclusion of LEP SWD in State English language proficiency assessments • Inclusion of LEP SWD in Title III accountability (AMAOs)

21. SAMPLE Steps to Consider When Assessing English Learner Students “RIOT” procedure for assessing ELs: • Review all pertinent documents & background information. • Interview teachers, peers, family members, and other informants. • Observe the student in multiple contexts with a variety of people. • Test the student using informal assessment, language samples in both languages, formal assessment battery, and adapted testing procedures as needed. (Cheng, Lilly Li-Rong (2003), in Workshop Summary from National Symposium on Learning Disabilities in English Language Learners.)

22. Case Studies: How could these steps apply to different students? Natalia, age 7 Born in the US Reads below grade level in English Amir, age 16 Entered the US at age 15 from a refugee camp in the Sudan Reads below grade level in English

23. Response to Intervention (RTI) RTI is a multi-level framework to maximize student achievement by providing support to students at risk for poor learning outcomes. The approach includes: • Core instruction for all students; • Universal screening; • Increasingly intensive instructional interventions for students who need extra help; and, • Progress monitoring.

24. A Conceptual Framework for RTI High Need Increasingly Intensive Instructional Interventions Level of need for student to be successful in core instruction Services for Students with IEPs Core Instruction Low Need Students may receive services in all areas of the pyramid at any one point in time

25. SAMPLE Steps to Consider - Implementing RTI for ELs • Know your student: ELs are heterogeneous, language background varies, child background experience varies, educational experiences vary greatly • Know your curriculum: RTI is predicated upon appropriate instruction for all students in Tier 1 (general education) • Consider whether screening & progress monitoring are valid & reliable for Els, use a problem-solving approach (define problem, analyze, develop plan, evaluate). (Esparza Brown, Sanford, & Lolich (2010), “RTI for ELLs: Appropriate Screening, Progress Monitoring, and Instructional Planning,” webinar for the National Center on RTI)

27. Vision for Education –“Cradle to Career”

28. Update – Reauthorization and Proposed 2011 Education Budget http://www.ed.gov/blog/topic/esea-reauthorization/ http://www2.ed.gov/policy/elsec/leg/blueprint/index.html

30. Proposed 2011 Education Budget • $3 billion increase in competitive funding for the Elementary and Secondary Education Act (ESEA), the largest increase ever requested for programs under the 1965 law • More competitive funding, flexibility, & focus on reforms likely to have the greatest impact on student success. • $49.7 billion for USDE’s discretionary programs (an increase of $3.5 billion over FY 2010) • $3 billion increase in competitive funding for ESEA (largest increase ever requested for programs under the 1965 law) • Increase in student aid up to $156 billion in FY 2011. • Consolidation of 38 programs into 11.

31. Proposed 2011 Education Budget – EL Education • 2010 funding = $750 million • 2011 funding = $800 million • support strengthened professional development for educators, improved accountability, & development and implementation of innovative and effective programs • strengthen conditions governing States' receipt of formula funds, shift more funds to competitive grants for high-quality programs for ELs, including dual - language and transitional bilingual programs

33. Opening Doors