Introduction

1. Introduction Introduction, Legal Issues, Overview of ELL

2. Ethnicity/ Race and Poverty? • 11% of variance in achievement accounted for by child’s race and SES • 70% of variance in achievement accounted for by school’s SES • SES better predictor of school success than race. • The longer a child is in poverty the worse they do in school 2000 Census; www.pinellas.k12.fl.us

3. Why study ELL and Poverty? • GA = 1,456,812 = # of individuals > 5 y.o. with a disability (2000) • GA = 14.7% live below poverty line (2008) • GA = 9.9% speak language other than English at home (2000) • $22,050 per year for family of 4 is defined as poverty (2009).

4. Diagnostics Ochoa, Rivera, and Ford (1997) found that about 83% of school psychologists in 8 states w/ large culturally and linguistically diverse pupil populations (AZ, CA, CO, FL, NJ, NM, NY, and TX) self-reported feeling less than adequately trained by their university training program. Krach, Loe, Ayim, & Conrad (2011) found a statically significant difference between what is and what should be taught in school psychology programs in the area of diversity.

5. English Language Learners GENERAL INFORMATION

6. Disproportionality in SPED • Definition: When the percentage of one cultural group placed in special education is not proportional to the percentage of that cultural group in the population. • The worst problems with disproportionality are found in MR,SLD, and SED. • When poverty is removed as a variable, disproportionality based on ethnicity decreases, but it is still apparent.

7. National Research Council (2002) and Parrish (2002) • African American compared to white • 135%-188% more likely to be dx MR • 59%-92% more likely to be dx ED • Native American compared to white • 24%-50% more likely to be dx SLD • 31% more likely to be dx MR • 12%-24% more likely to be dx ED • Hispanics • 7-17%% more likely to be dx SLD • 13-23%% less likely to be dx MR • Most groups more likely to be dx MR in states with larger diverse populations.

8. GA: Over/Under Representation

9. The little guys… • Birth to 2 • General Population • 18.2% are Hispanic • Children served in sped • 14.9% are Hispanic • Preschool • General Population • 17.2% are Hispanic • Children served in sped • 12% are Hispanic

10. Least Restrictive Environment • Hispanics and African Americans are more likely to be placed in more restrictive environments than whites. • In California (2002) • Native Americans, Hispanics, African Americans, and Asian/ Pacific Islanders in special education classrooms were placed in self-contained to a greater extent than was warranted based on their disabilities. • ~8-9% over assignment for each of these groups concerned.

11. Other end of the spectrum… • Probability of dx gifted compared to whites • Asian/ Pacific Islanders: 34% greater • Native American: 35% less • Hispanics: 52% less • African Americans: 59% less

12. Factors associated with Disproportionality • Deficit view about culturally diverse students. • Students will rise to the level of expectations • Sociological and economic characteristics of culturally diverse families and communities • SES shows the largest amount of influence over academic achievement. • However, although SES is a large contributor to poor school achievement for minority students, ethnicity still significantly influences achievement.

13. Factors associated with Disproportionality • Systemic school bias occurring in instruction, referral, and assessment. • Unequal resources for the school • Bias in who gets referred and in some schools there is the lack of pre-referral interventions. • Assessments done without adequate training, using wrong practices, and illegally. • Noncompliance w/State & Fed Guidelines. • How often are students assessed in native language? • How well are exclusionary clauses addressed?

14. Factors associated with Disproportionality • School accountability requirements • Lack of accountability except through English-only group administered testing. • Lack of appropriate monitoring to ensure that laws are being followed. • Ambiguity in how different disability categories are defined and constructed. • This is particularly problematic in the mild disability areas. • These shift from state to state, reauthorization to reauthorization, and sometimes from psychologist to psychologist within the same district or school.

15. History: Minority Parents • Prior to desegregation, minority families were considered active in their children’s schools. Many felt unwelcome in their child’s new schools. • Minority parents advocated for their children to receive an equal education by arguing against segregation (intentional and de jure). • Many felt that this segregation continued by the overrepresentation of their children in SPED placement

16. Parents Participation in Meetings • General Meetings • Parents are members of the group making decisions. • Make reasonable efforts to ensure that parents understand and can participate in any meeting. • To do this a translator may be needed. • For IEP meetings • School shall take whatever action necessary to ensure that the parent understands the meeting.

17. IEP • Schools are required to provide children with alternative language services to: • Enable them to acquire proficiency in English. • Provide them with meaningful access to the content of the educational curriculum available to all children. • The IEP must describe which language services will be provided to the student.

18. English Language Learners (ELL) Limited English Proficient (LEP) Second-Language Learner (SLL) Culturally and Linguistically Diverse (CLD) Bilingual Common Terms for ELL

19. LEP Students Differ by… • Variations in degrees of proficiency across both languages. • Sequential versus simultaneous bilingualism • Did they learn both languages at the same time or did they learn one first and then the other second? • Elective versus circumstantial bilingualism • Did they actively want to learn another language or did they have to learn a second language in order to survive?

20. Common Terms for2nd Language Acquisition • BICS: Basic Inter-communication Skills • CALP: Cognitive Academic Language Proficiency Cummins, J. (1979).

21. Tip of the Iceberg WMLS-R: Level 1 BICS WMLS-R: Level 3 WMLS-R: Level 5 CALP WMLS-R: Language Proficiency Test

22. English Language Learners LEGAL ISSUES

23. Diana v. State Board of Education (1970) • Diana addressed overrepresentation of non-English speaking students in M.R. classrooms. • When first tested, I.Q. (in English-only) was 30. • When re-tested, I.Q. (in native language) was 80. • Result: Testing must be done in the child’s native language.

24. Lau v. Nichols (1974) • Supreme Court Decision • Children must receive instruction in their primary language if they cannot meaningfully participate in an English-only classroom. • “Students who do not understand English are effectively foreclosed from any meaningful education.”

25. Plyler vs. Doe (1982) • Prohibit public schools from denying FAPE to a child regardless of immigrant status. • Undocumented students are required to attend school. • Schools are PROHIBITED from communicating with INS without a court order/ subpoena.

26. Hudson v. Rowley (1982) • Supreme Court Decision • States need not provide additional services above and beyond those needed to adequately meet the child’s educational needs. • Sign-language interpreter not to be provided for a deaf student who is receiving an adequate education (based on school records) to meet her educational needs

27. Title VII of Improving America’s School Act (1994) • LEP: has sufficient difficulty speaking, reading, writing, or understanding the English language and whose difficulties may deny such individual the opportunity to learn successfully in classrooms where the language of instruction is English • Federal definition was often reflected in state definitions as well.

28. 20 U.S.C. SS 1414: Evaluations and IEP (IDEA, 2004) • 5) A child shall not be determined to be a child with a disability if the determinant factor for such determination is- • A) lack of appropriate instruction in reading • B) lack of appropriate instruction in math • C) limited English proficiency

29. 20 U.S.C. SS 1414: Evaluations and IEP (IDEA, 2004) • 3A: assessments and other evaluation materials used to assess a child under this section – • i) are selected and administered so as not to be discriminatory on a racial or cultural basis. • ii) are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide or administer

30. Educators Need to Know… • How families are organized in different cultures. • Educational systems in other locations. • What recent events may cause distress in a child or family. • Languages spoken by the child. • Gestures, greetings, etc. • Views toward healthcare or psych services.

31. School Culture, Educational Policy & Institutional Advocacy • Take a proactive stance to enhance the quality of services provided to all individuals • Inform and educate school staff about cultural and behavioral patterns of culturally and linguistically diverse populations • Families need to be informed of their rights and are meaningfully engaged in the discussions affecting their children. • Provide interventions to help schools that inappropriately identify diverse students.

32. References Rogers, Ingraham, Bursztyn, Cajigas-Segredo, Esquivel, Hess, Nahari, & Lopez. Providing Psychological Services to Racially, Ethnically, Culturally, and Linguistically Diverse Individuals in the Schools Rhodes, R. L.; Ochoa, S. H.; & Samuel O. Ortiz, S. O. (2005). Assessing culturally and linguistically diverse students: A practical guide. NY: Guildford Press.