Special Education & English Learners Education

1. Special Education & English Learners Education Title III Coordinator’s Academy 2019

2. Objectives • Activate Interest ( K W L) • Identify key elements of new legislation and federal guidance • Explore a new resource • Connect to the content ( KWL)

3. What do you want to know? • Think about ELs with suspected disabilities in your LEA. • On a sticky note write: • a question that you have, • a question you are often asked, • or an issue that you face. • Place your question on poster. No name or LEA please. We will come back to these questions at the end. ( KWL)

4. What You Need to Know: New Legislation & Federal Guidance

5. Key Documents Dear Colleague Letter (DCL) USED EL Toolkit, Chapter 6 IDEA ESSA Policy

6. Dear Colleague Letter (DCL) • Joint guidance from the DOJ and OCR • An outline of the legal obligations of SEAs and school districts to EL students under the civil rights laws to ensure that EL students can participate meaningfully and equally in educational programs and services. Dear Colleague Letter (January 7,2015), page 2

7. DCL: “Timely Manner” The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) address the rights of students with disabilities in the education context. OCR and DOJ share authority for enforcing Section 504 in the educational context, and DOJ coordinates enforcement of Section 504 across Federal agencies. SEAs and school districts must ensure that all EL students who may have a disability, like all other students who may have a disability and need services under IDEA or Section 504, are located, identified, and evaluated for special education and disability-related services in a timely manner. Dear Colleague Letter (January 7,2015), pages 25-29

8. DCL: Proficiency Level • When conducting such evaluations, school districts must consider the English language proficiency of EL students in determining the appropriate assessments and other evaluation materials to be used. • School districts must not identify or determine that EL students are students with disabilities because of their limited English language proficiency. Dear Colleague Letter (January 7,2015), pages 24

9. DCL: Language Program School districts must provide EL students with disabilities with both the language assistance and disability-related services to which they are entitled under Federal law. Districts must also inform a parent of an EL student with an individualized education program (IEP) how the language instruction education program meets the objectives of the child’s IEP. Dear Colleague Letter (January 7,2015), page 24

10. Compliance Considerations The Departments are aware that some school districts have a formal or informal policy of “no dual services,” i.e., a policy of allowing students to receive either EL services or special education services, but not both. Other districts have a policy of delaying disability evaluations of EL students for special education and related services for a specified period of time based on their EL status. These policies are impermissible under the IDEA and Federal civil rights laws, and the Departments expect SEAs to address these policies in monitoring districts’ compliance with Federal law. Dear Colleague Letter (January 7,2015), pages 25

11. Compliance When the Departments conduct investigations, compliance reviews, or monitoring activities to determine if an SEA or school district has met its obligations under the civil rights laws and to provide FAPE to an EL student with a disability, the Departments consider, among other things, whether: • The evaluations used to determine whether an EL student has a disability were conducted in the appropriate language based on the student’s needs and language skills, and whether the special education and EL services were determined in light of both the student’s disability and language-related needs; • The disability determination of an EL student was based on criteria that measure and evaluate the student’s abilities and not the student’s English language skills; Dear Colleague Letter (January 7,2015), page 26

12. Compliance Considerations cont… • The EL student was promptly evaluated for disability-related services, or whether there was an impermissible delay on account of his or her EL status and/or level of English proficiency; • 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; and • The individualized plans for providing special education or disability-related services address EL students’ language-related needs.

13. USED Toolkit, Chapter 6 KEY POINTS highlighted in a user friendly format • LEAs must identify, locate, and evaluate ELs with disabilities in a timely manner. • LEAs must consider the English language proficiency of ELs with disabilities in determining appropriate assessments and other evaluation materials.

14. Toolkit, Chapter 6 • LEAs must provide and administer special education evaluations in the child’s native language, unless it is clearly not feasible to do so, to ensure that a student’s language needs can be distinguished from a student’s disability-related needs. • LEAs must not identify or determine that EL students are students with disabilities because of their limited English language proficiency. • LEAs must provide EL students with disabilities with both the language assistance and disability-related services they are entitled to under federal law.

15. ESSA December 2015 The main purpose of ESSA is to make sure public schools provide a quality education for all kids. This includes the achievement of disadvantaged students. These students fall into four key groups: • Students in poverty • Minorities • Students who receive special education • Those with limited English language skills

16. Reporting ELs with Disabilities ESSA requires LEAs disaggregate EL data by the number and percentage of ELs with disabilities, in reporting on: • the number and percentage of ELs making progress towards ELP; and 2) the number and percentage of former ELs meeting State academic standards for 4 years after exit. [ESEA Section 3121(a)].

17. VIRGINIA GUIDANCE: HANDBOOK FOR EDUCATORS WITH SUSPECTED DISABILITIES

18. The New Handbook! • Now aligned to ESSA Guidance! • Now aligned to The Dear Colleague Letter and Chapter 6 of The Title III Toolkit! • Includes Section on Instructional Considerations and Resources. April 2019

19. Collaboration The Handbook for Educators of English Learners with Suspected Disabilities is a result of collaboration in the Virginia Department of Education between: Title III, Office of ESEA Programs and Office of Special Education Instructional Services With additional support from: The EL Instructional Specialist The ELP Assessment Specialist

20. Out with the Old! Old Handbook for Educators: • was written prior to 2015 • had elements out of compliance with the release of: • The Dear Colleague Letter • The Title III Toolkit, mainly Chapter 6 • ESSA Please remove any copies (online or print). Please work with division and school colleagues to do the same.

21. Table of Contents • Legal Requirements • Pre-Referral Procedures for Suspected Disability Evaluation and Eligibility • Comprehensive Evaluation of ELs • Questions and Answers Regarding Evaluation of Data • Determination of Eligibility for Special Education and Related Services • Development of the IEP • Communication with Parents • Commonly Asked Questions

22. Handbook Hunt Activity Take 5 minutes to read each statement on the handout and decide if it is True of False. What do you Know? Write a T or F in the left column. No cheating; keep the Handbook For Educators of English Learners with Suspected Disabilities closed!

23. Handbook Hunt • Count off 1-10. • Introduce yourself. Share the True/False answer you recorded for your #. • Open your Handbook for Educators of English Learners with Suspected Disabilities. • Work together (using the handbook) to verify the answer. • Record the section(s) & page reference(s). • Discuss and write why that is the correct response to the statement, as found in the handbook. • Designate a reporter to share with the whole group.

24. Example

25. Report Out & Take Notes • Read the statement for your #. • State “True” or “False”. • Refer to the section & page number. • Justify your answer. (Read out the specific text from the handbook that appropriately addresses the statement.) Take notes on your own document so you will know where to find the answers later. What did you Learn?

26. Back to the Beginning Let’s review the questions you asked in the beginning and together answer these questions. K-W-L presented as W-K-L

27. Moving Forward Consider implementing annual training using both Chapter 6 of the Toolkit and the VDOE Handbook for Educators of ELs with Suspected Disabilities!

28. Contacts Louise Marks, Title III Coordinator, Office of ESEA Programs louise.marks@doe.virginia.gov Patricia Abrams, Education Coordinator, Office of Special Education Instructional Services pat.abrams@doe.virginia.gov Teresa Lee, Special Education Specialist, Office of Special Education Instructional Services teresa.lee@doe.virginia.gov