Evaluation and Instructional Services for

ESL Program/Special Education Students

 

 

Special Education and English as a Second Language Program personnel should work collaboratively to implement the following guidelines and procedures to assure that students receive timely and appropriate

services.

 

Reasons for Referral of ESL Students to School Support Teams

 

Based on the individual needs of each student, any English for second language learner who is suspected of being disabled and in need of special education and related services may be referred at any point in time for special education and related services. There is no minimum time period before which a student may be referred. Reasons for referral may include but are not limited to:

 

• Significantly slow academic progress despite appropriate instruction.
• Social/emotional problems in class or on playground.
• Speech and/or language impairments not attributable to acquiring English as a second language.
• Health/sensory impairments.
• Immediate referral for special education may be made if any of the following conditions are present:
• Gross developmental lag.
• Significant health/physical impairments (e.g., deaf, hard-of-hearing, blind, orthopedically impaired).
• Documented history of special education services in the country of origin.

 

When conditions such as these are obvious, students would probably not benefit from modification to the regular program.

 

School Support Teams (S-Teams)

 

The School Support Team is designed to be the vehicle by which teachers or staff can discuss or request assistance regarding their concerns about a student's academic progress and social behavior. When most efficient, the S-Team is a "brain pool" in which a group of professionals discusses problems and possible interventions. The outcomes are assistance and suggestions for teachers and support staff to implement with an individual student who is exhibiting various learning or adjustment problems in the classroom or school.

 

It is critical to differentiate between a student who is not achieving in the classroom because English is not that student's first acquired language or home language, and a student who is not achieving due to a disability. Therefore, it is required that all students be referred initially to the S-Team by their teachers or any other persons involved with the students, such as parents or community professionals. Any ESL

student who has been referred for special education evaluation must have first been assessed for oral proficiency skills in English and the first acquired or home language other than English, unless it is clearly

not feasible to do so.

 

 

The S-Team may be composed of:

 

• Referring teacher

 

• Psychologist

 

• School Health Nurse

 

• Principal or designee

 

• Counselor, reading specialist, regular education teacher, (Adaptive) P.E. teacher, speech pathologist, special education teacher, or other specialists as indicated

 

• ESL teacher/staff for any ESL student who has been referred

 

The initial question the SSC asks regarding ESLL Program student is:

 

Has the student had a reasonable opportunity to learn or adjust to school?

 

All of the following information is needed by the SSC to address this initial question and should be obtained by the principal or designee:

 

1.Current English and non-English language oral proficiency scores (no older than six months). .

2.Years lived in the United States.

3.Years of formal instruction in U.S. and other country/countries

4.Current language(s) of formal instruction.

5.Years of oral instruction in English in US and other country/countries.

6.Years of oral instruction in language(s) other than English (specify language).

7.Years of instruction in English reading in US and other country/countries.

8.Years of instruction in reading in language(s) other than English (specify language in US and other country/countries.

9.Communication style (e.g., use of gestures, nonverbal, etc.).

10.Cultural and economic factors that may affect learning.

11.Number of schools attended in the United States.

12.Frequency of absences.

13.Results of parental contacts.

14.Peer comparison (with similar educational background).

15.Sibling comparison (academic, linguistic, social, etc.).

16.Medical information (see Pupil Health Record-DOE Form 14).

 

If it is determined that the student has not had sufficient opportunity to learn or adjust to school, the S-Team clarifies problem areas found, offers support and suggestions for interventions or adjustments of the ESL program services, and may recommend grade-level adjustment. The student remains in the regular education setting. The principal or designee will continue to monitor the progress of the student.

 

If the student has had sufficient opportunity to learn, the screening process continues as for any student referred. The S-Team may do one or more of the following as appropriate:

 

• Suggest classroom interventions, with documentation of implementation and results.
• Suggest parent-school contacts.
• Make referral for supplemental services (e.g., remedial reading, counseling, etc.).
• Consider retention/acceleration.
• Refer for special education evaluation.

 

 

Referrals for Special Education Evaluation of ESL Students

 

To determine whether the problems that led to a student's referral are related to a disability or to problems commonly associated with learning a second language, it is critical to consider the following:

 

• The student's first acquired or home language.

 

• The student's proficiency in English.

 

• The degree to which the language of instruction is compatible with the student's linguistic characteristics.

 

In order to evaluate the impact of the student's non-English language on academic, intellectual, linguistic, and socio-emotional functioning, the special education evaluation of the limited English proficient student must include an assessment of the student's relative proficiency in English and the language that identified the student as an English as a second language learner, unless it clearly is not feasible to do so. The nature of the evaluations may vary depending on the relative proficiency of the student in English and the non-English language. English proficiency test (EPT) and native language proficiency ratings are only one source of information about a student's relative language proficiency. Therefore, the S-Team should include in the initial referral to the special education team all of the following:

 

• The information gathered by the principal and the S-Team.

 

• Results of the all language assessment instruments used to determine the student's English language oral proficiency rating.

 

• Results of the student's most current standardized achievement test administered by the school at large and by the ESL Program as an evaluative measure of student progress.

 

• Samples of the student's work in writing and math.

 

• Reports from parents regarding the student's proficiency in understanding, speaking (including articulation skills), reading, and writing in the first acquired or home language and in English.

 

• ESL and other teachers' reports regarding the student's functional proficiency on a daily basis in understanding, speaking, reading, and writing English and the non-English language relative to other students of limited English proficiency who have similar language and schooling experiences.

 

• Additional measures, if available, of oral, reading, and writing proficiency in English and/or the non-English language.

 

• A recommendation based on the S-Team review of all pertinent information regarding whether bilingual assistance should be provided in the special education evaluation.

 

For required three-year special education reevaluations, schools need not have a formal review. However, the information as described above must be submitted to the special education team (IEP Team) with the reevaluation referral in order to ensure proper consideration of the student's eligibility status.

 

Special Education Evaluation of ESL Students

 

Any student who has been identified as a student of limited English proficiency and is referred for special education evaluation should receive an evaluation that addresses the student's linguistic characteristics and other cultural factors. Whether the special education evaluation should be conducted in the student's first acquired or home language, English, or a combination of both, requires determination of the language(s) in which the student can best demonstrate his or her cognitive, linguistic, and academic capabilities. In order to make this determination, the IEP Team should use professional judgment in assessing all referral information. Additional evaluations of language proficiency must be performed by the Department of Special Education with bilingual assistance in cases in which S-Team data are inadequate to make the determination. The determination should be documented in each case conference summary.

 

For the purpose of a special education evaluation, the student will be categorized into one of two groups: limited English proficient or English proficient. All English as a second language learners are considered "limited English proficient" unless they meet the following "English proficient" criteria (in which case bilingual evaluation shall not be required). A student would be appropriately evaluated in English when he or she has any one or more of the following characteristics:

 

• Student has never spoken any language other than English.

 

• Student has lost the ability to communicate and comprehend in the first acquired or home language as determined and documented by appropriate ESL assessments.

 

• Student has met the criteria for mainstreaming determined by the English for Second Language Learners: standardized test scores (25th percentile in language and reading); and "C" or higher grades in the content areas.

 

However, if the student understands the non-English language spoken in the home at a conversational level, but speaks only a few basic words or phrases except when the student also speaks only a few basic words in English, the evaluation should be done bilingually to determine extent of the low functioning in the two languages.

 

Documentation for the above may include any one or more of the following:

 

• Findings from informal/formal evaluations conducted by a bilingual evaluator or with bilingual assistance.

 

• Information included in the school referral.

 

• Findings from the social work evaluation.

 

• Student observation/interview.

 

Students categorized as "limited English proficient" should be evaluated by a bilingual evaluator or with bilingual assistance. The nature and extent of bilingual evaluation should be determined by the IEP Team based on referral information and additional information collected during the bilingual evaluation. When the team, with bilingual assistance, finds evidence in the course of the evaluation that a student has characteristics as described in the preceding section, the remainder of the evaluation may proceed in English.

 

A bilingual evaluation is not required when, after reasonable efforts by the special services team to explain the benefits of a bilingual evaluation, the student refuses to participate in the bilingual evaluation, and/or the student's parent or legal guardian refuses to consent to a bilingual evaluation of the student. However, if the IEP Team finds that the English-only evaluation is inadequate to make a determination of the disability, if any, or to the extent of special education and related services, if any, the team should take steps as are reasonably necessary to obtain an appropriate evaluation.

 

The IEP Team must document its efforts in the student's conference summary.

 

Evaluation of English Language Skills

 

The special education evaluation of a student who has acquired even minimal English proficiency shall also include an evaluation of the student's skills in English (e.g., oral language, comprehension, reading, writing, math reasoning) because eventually to succeed in the regular or special education program, the student will need to master English language skills consistent with his/her potential.

 

Use of Nonverbal Tests

 

Nonverbal tests may be used when it can be documented that an evaluation of a student's functioning in a given area is appropriately determined by nonverbal assessment.

 

When nonverbal tests are used for the purpose of providing information about a student's intellectual/cognitive abilities, results must be considered in light of the student's sociocultural, linguistic, and educational background. Cross-validation with such factors as the student's medical background, developmental history, adaptive behavior, achievement in non-language areas and the like, must be documented in the evaluation report.

 

Referrals for Speech/Language Disorders

 

The same guidelines shall apply to referrals for language disorders (speech/language). For orally English proficient students, evaluations of referrals for articulation, fluency, or voice disorders may proceed in English when the speech pathologist, after initial screening with bilingual assistance, determines that the disorder(s) is evident in both languages.

 

Reevaluation for Special Education/ESL Services

 

The use of a bilingual evaluator or bilingual assistant shall not be required for a reevaluation when:

 

• the ESL student presently meets the criteria for "English proficient" or

 

• it is documented in the initial or any subsequent evaluation reports that the team, with bilingual assistance, found evidence in the course of the evaluation that the student can be categorized as "English proficient."

 

If documentation is not available, the guidelines for students categorized as "Limited-English Proficient" (LEP) shall apply to the current reevaluation for special education.

 

Hierarchy of Procedures for Provision of Bilingual Evaluation

 

1.As the procedure of first choice, bilingual evaluations will be performed by qualified bilingual evaluators using tests and other evaluation materials standardized and validated in the non-English language.  If under

contract to the Department, bilingual evaluators must have both oral and written skills in English and in the student's first acquired language or home language other than English, and have knowledge and understanding of the cultural background of the student.

 

2.However, if it is not possible to locate the services of qualified bilingual evaluators in a given language, bilingual assistants may assist the evaluators. Under the supervision and direction of the evaluator(s), the

responsibilities and tasks of the bilingual assistants may include the following:

 

• Gathering data from the parents/guardians and obtaining perceptions of the problems leading to the referral.

 

• Observing the student at home and in school both in and out of the classroom in order to assist the evaluator in identifying cultural and linguistic differences that may affect school performance.

 

• Gathering information on the student's receptive language skills in the non-English language.

 

• Obtaining, transcribing, and evaluating a non-English language sample (oral and/or written) from the student.

 

• Translating or adapting culturally and linguistically relevant parts of tests standardized in English and administering them in the student's non-English language. [Note: Once translated, the test is no longer
• standardized and therefore can be used for diagnostic purposes only.]

 

• Interpreting at parent conferences after all testing has taken place.

 

• Sharing perceptions about a student's linguistic and cultural characteristics and the possible effects of these characteristics on the student's test performance.

 

3.When neither a bilingual evaluator nor a trained bilingual assistant is available in a given language, the following priority for providing bilingual assistance shall be used:

 

• Non-bilingual evaluator with a trained bilingual ESL staff member who has special education training.

 

• Non-bilingual evaluator with other trained individuals, including:

 

·         non-certificated staff in special education (e.g., special education educational assistants);

 

·         regular certificated staff (e.g., a teacher who is bilingual);

 

·         regular non-certificated staff (e.g., an assistant who is bilingual).

 

• Other trained bilingual persons such as university personnel, community volunteers, parents, etc.

 

Evaluation Instruments

 

All evaluations of ESL students shall be conducted by qualified personnel employing procedures, tests and materials that are selected and administered so as not to be racially, culturally or sexually discriminatory; and are validated for the specific purpose for which they are used.

 

In all aspects of the special education evaluation, it should be recognized that the use of translations of tests that have been standardized in English have many limitations. They do not provide normative or developmental information. When used, they should be used cautiously, particularly with the student who has very limited proficiency in English and a widely different set of experiences from the group on which the tests were normed.

 

Multi-Disciplinary Evaluation and Staffing

 

Each special education bilingual evaluation, including intake and case staffing, shall be performed by a multi-disciplinary team skilled in focusing on different aspects of the student. Membership on a team is variable and depends upon a student's area(s) of suspected disability. The team may include, but is not limited to:

 

1.Psychological Examiner

 

2.Speech Pathologist/Speech-Hearing Specialist

 

3.School Social Worker

 

4.Educational Evaluator / Diagnostic-Prescriptive

 

5.English for Second Language personnel, as necessary, to determine the linguistic needs and to consider the cultural differences of the student.

 

Documentation

 

Documentation in evaluation reports written for ESL students will include, but is not limited to, some or all of the following:

 

1.The impact of language, cultural, environmental and economic factors on learning.

 

2.How standardized tests and techniques were altered.

 

3.Use of translations of English tests. Include reference to validity and reliability.

 

4.Limitation of relying on nonverbal measures, and comparison of those results of other areas assessed.

 

5.Examiner's level of language proficiency in language other than English and its effect on interpretation of results.

 

6.How the use of an interpreter affected the test results and overall assessment.

 

7.Cross-validation of information from home setting that supports findings from more formal measures.

 

Individualized Education Program Development for ESL Services

 

To ensure the total educational needs of the Special Education (SpEd)-ESL student are being met, participation at the individualized education program (IEP) conference will be accomplished by one of the following prioritized options:

 

1.An ESL teacher will attend the IEP meeting.

 

2.An ESL designee (other ESL staff) may attend the IEP meeting. The ESL teacher and designee will discuss recommendations prior to the IEP meeting.

 

3.An ESL teacher and the special education teacher will meet prior to the IEP meeting to discuss strategies for addressing the student's ESL needs.

 

• When the special education teacher and ESL teacher are in agreement, the special education teacher will discuss and share recommendations with the parent at the IEP meeting. When the parent or others present expresses a concern or disagreement regarding the ESL services, a follow-up IEP meeting will be conducted with the ESL staff present.

 

• When the special education and ESL  teacher fail to agree, ESL personnel will attend the IEP meeting.

 

The ESL services will be described on the IEP.

 

ESL Services for Preschool Children/Youth with Disabilities

 

The Department of Special Education serves children with disabilities from the ages 3 to 21, some of whom have needs for ESL services. When such a need arises in the evaluation process or in the provision of special education services, the home school and Department of Special Education must collaborate on identification of the ESL service needs and options by which they may be met. Some examples of ESL service needs at these ages are:

 

1.Interpreter service for parents during the evaluation process or at IEP meetings;

 

2.Teaching a special education teacher some basic functional words in the native language to bridge the gap while the ESL student acquires enough English to adjust to school and begin instruction;

 

3.Consultation services by the ESL teacher to evaluation or special education staff on:

 

• Aspects of the child's/youth's culture that may assist in the ESL student's adjustment and achievement in school, transition to post school activities, and/or

 

• Impact on evaluation procedures and results.

 

Within available resources, home schools, ESL personnel, and Special Education staff must work collaboratively to address these needs.

 

Instructional Staffing Options for ESL/Special Education Staff

 

In the event that ESL students qualify for Special Education services, the following options can be used by schools to provide the required services.

 

QUALIFICATIONS OF ESL/SPECIAL EDUCATION STAFF

 

1.Bilingual special education teacher providing direct instructional services to the special education student.

 

2.Team teaching between special education and ESL staff:

 

• Certificated special education teacher and ESL certificated teacher.

 

• Certificated special education teacher supervising a bilingual English for Second Language Learners assistant.

 

3.Bilingual special education assistant providing assistance in the special education program.

 

4.ESL teacher providing direct instruction to special education students in an ESL class/tutorial.

 

5.ESL teacher providing consultative services on a regular, ongoing basis to the special education teacher.

 

6.University tutors, community volunteers and parents assisting students whose first acquired or home language is one which is infrequently encountered in the student population.