ERIC ED607738: Feature Issue on Educating K-12 English Language Learners with Disabilities. Impact. Volume 26, Number 1, Winter/Spring 2013

2013·3.7 MB·English

by  ERIC

Impact
Feature Issue on Educating K-12 English
Language Learners with Disabilities
Published by the Institute on Community Integration (UCEDD) & Research and Training Center on Community Living Volume 26 · Number 1 ·Winter/Spring 2013
From the Editors
English language learners (ELLs) with disabilities
are a growing part of the K-12 school population
nationwide. According to one calculation, over
500,000 students with disabilities in U.S. schools
have limited English proficiency. These are students
whose first language is not English, and in school
they have the dual challenges of learning in a new
language while navigating the education system as
students with disabilities.
The available knowledge on how to effectively
educate K-12 English language learners with
disabilities, and measure their progress, is
small but growing. However, many educators
and families have pressing questions. How
can educators distinguish between language-
Monica Sanjur (center back) and her family have traveled a long road to finding the right education setting for Patxi related needs and disability-related needs when
(center front), a multilingual child with Down syndrome. See story below. Photo courtesy of Rachel Whitson/Rachel
evaluating and teaching these students? How do
Whitson Photography.
these students fit into and benefit from current
teaching approaches? How can schools create
Following Patxi’s Lead: A Child-Centered
more collaboration between language-related
Journey of Learning and Language and disability-related services in meeting the
complex needs of ELLs with disabilities? And, for
their parents, how do the special education and
by Monica Sanjur
English as a second language systems work, what
My son, Patxi, was diagnosed with Down syndrome two days after his birth. He con- are their child’s options and rights, and what is the
fused the medical staff by passing his Apgar tests and breastfeeding right after birth. family’s role in Individualized Education Programs
It wouldn’t be the first time he was underestimated. Our family’s journey to find the
and other aspects of their child’s education? In this
right educational setting that would nurture Patxi’s abilities has been a long road. In
Impact we offer some responses to these questions
addition, the external limitations that he has faced as a child with a disability growing
and others from people around the country who
up in a multilingual environment has had its challenges. Fortuitously, our path led to
a public charter school in Washington D.C. that meets his needs and more. are helping our education system respond to the
My husband and I are immigrants. We negotiated two languages and served as needs of this growing student population.
interpreters while our parents learned English. My children are growing up in a multi-
ethnic home. They hear Spanish, Tagalog, and English on a daily basis, however, Span-
What’s Inside
ish was their first language. And, in the case of my son, he learned it simultaneously
with basic American Sign Language to convey his needs. Overview Articles
Patxi received early intervention speech therapy and immediately we faced resis- How-To Articles
tance to the use of two languages. Based on his perceived cognitive limitations, profes- Resources
sionals felt it was “too much” or “too confusing,” and that we should create an “envi-
ronment for success.” This reasoning did not concur with information I had based on
current research that emphasized an inclusive attitude in the home as key to creating
an environment for success. The child with Down syndrome should not be excluded
from activities and habits typical to the family. Our expectations were very clear. We
[Sanjur, continued on page 32]
2 Overview
Who Are English Language Learners with
Disabilities?
by Elizabeth Watkins and Kristin Kline Liu
English language learners (ELLs) with across states. Federal legislation requires home language questionnaire if a child
disabilities represent an increasingly that ELLs with suspected disabilities be moves to a new district or language use
larger segment of the K-12 student assessed in both their native language patterns in the home change. Individual
population in the U.S. Because of and English to ensure that any difficul- states and school districts may ask dif-
the interaction of their disability and ties with learning are evident in both ferent questions on the questionnaire,
second-language learning processes languages and are not solely the result use a different screening assessment,
these students may have unique learning of natural second-language learning and set different score ranges to be
needs that affect teaching and also affect processes. Educators and schools report identified as an ELL. There may also be
the way students show what they have that providing appropriate assessments inconsistencies in administering the
learned. This article will explore what is in two languages and differentiating home language questionnaire to parents
language learning from language-related whose children have known disabilities.
disabilities is extremely challenging. For Variations in the special education
this reason, there is a national concern or ELL identification process may result
If you serve English language
with the accuracy of special education in different groups of students being
identification rates for ELLs. This con- included in the group of ELLs with dis-
learners or students with disabilities,
cerned is heightened for ELLs in some abilities in different places. An educator
racial or ethnic groups. in California and a disability advocacy
you most likely serve English
Students who are ELLs are not pro- organization in West Virginia may not
ficient in English and are eligible for be talking about exactly the same type
language learners with disabilities.
English language support services.1 of student when they refer to an ELL
Schools commonly provide ESL and/or with a disability.
bilingual education to identified ELLs.
ESL prioritizes language instruction
Numbers Nationwide
known about the prevalence of disabili- while bilingual programs include con-
ties among ELLs and the characteristics tent instruction in the native language Determining the exact number of ELLs
of ELLs with disabilities. It will conclude as well as instruction in English. The with disabilities nationwide is a chal-
with recommendations for schools and goal of both types of programs is to lenge because there is a limited amount
organizations serving these students. increase students’ English proficiency of publicly-available information on
so that they can succeed in English-only students who are both ELLs and have
content classrooms. Typically, children an identified disability. Estimates may
Definition of an ELL with a Disability
are identified as ELLs through a multi- differ depending on the purpose for
Generally speaking, an ELL with a dis- step process that includes a home lan- which the information was collected,
ability is a student who is eligible for guage questionnaire parents complete and the way in which the information
both special education and English as a when children are enrolled in school. was collected. For example, the Office of
second language (ESL) or bilingual edu- If parents report that another language Special Education Programs reports on
cation services. There are different iden- is used in the home, students are then the number of students in special educa-
tification issues associated with each ser- given an English language proficiency tion for ages birth through 21 who were
vice, creating variability in the definition screening test to determine whether or also limited English proficient (LEP).2
of an ELL with a disability across the not they are eligible for ESL or bilingual This information is included in federally
country. Educators in different locales education. Parent consent for language mandated child count data provided
must be aware that they may not always screening is not required, but parents annually by schools. However, it is re-
be considering the same students when have the right to refuse ELL services. ported by school special education staff
they refer to ELLs with disabilities. While the ELL identification process and not by ESL or bilingual education
Students who are identified for spe- may appear straightforward, the accu- departments, and thus may not reflect
cial education may receive services for racy of the information gathered may be the total number of enrolled ELLs. In
any one of the 14 federally recognized compromised at several points (Bailey addition, Individuals with Disabilities
disability categories. Some variation in & Kelly, 2010). For example, parents Education Act (IDEA) data identify the
the primary disability categories occurs may provide different answers to the number of students of various racial/
Retrieved from the Web site of the Institute on Community Integration, University of Minnesota (http://ici.umn.edu/products/impact/261). Citation: Liu, K., Watkins, E., Pompa, D., McLeod, P., Elliott, J.
& Gaylord, V. (Eds). (Winter/Spring 2013). Impact: Feature Issue on Educating K-12 English Language Learners with Disabilities, 26(1). [Minneapolis: University of Minnesota, Institute on Community
Integration and Research and Training Center on Community Living].
Overview 3
ethnic groups in each disability category, have spent in the country, their previous speech or language impairments. It is
but do not break out the data for ELLs. educational experiences, their actual likely, then, that the largest groups of
It is possible to find national data on the levels of English proficiency, the other ELLs with disabilities could have these
number of Hispanic students with Au- languages that they speak, and the type same primary disabilities. Evidence pro-
tism Spectrum Disorders, for example, of primary disability that they have. vided in 2001-2002 by ESL departments
but not on the number of Hispanic ELLs Nationwide, the majority of ELLs in K-12 schools (Zehler et al., 2003) and
in this disability category. speak, or have exposure in the home, by a 2006 Office for Civil Rights data
We get the most comprehensive to some form of Spanish. However, collection (Office for Civil Rights, 2013)
picture of the population by piecing there may be as many as 400 different verified that these disability categories
together information from multiple language groups represented in the ELL were, in fact, common among ELLs.
sources and making some general in- population across the country (Boyle,
ferences about ELLs with disabilities Taylor, Hurlburt, & Soga, 2010). Com-
Services Received
based on what we know about ELLs and mon language groups for ELLs with dis-
about students with disabilities overall. abilities most likely reflect the common In 2006, the Office for Civil Rights
However, this type of approach must be languages spoken by ELLs overall. For reported that, nationwide, only about
interpreted with some caution. Some the 2009-2010 school year, the largest 88% of students with disabilities who
estimates of the population size are pro- language groups reported by states were in need of ESL or bilingual instruc-
vided below based on a combination of included speakers of Arabic (29 states), tion actually received it (Office for Civil
information from multiple U.S. Depart- Chinese (32 states), Hmong (7 states), Rights, 2013). State level data can show
ment of Education sources for the 2009- Russian (7 states), Somali (10 states), variations among ELLs with disabilities
2010 school year: and Vietnamese (31 states).4 Different who received language support services
areas of the country had concentrations across racial and ethnic groups. For ex-
• About 9.3% of K-12 students in
of different language groups repre- ample, in one Midwestern state 60% of
U.S. schools were identified as ELLs
sented in that year. For example, Somali students with disabilities in the Hispanic
(roughly 4,647,016 out of 49,788,000).3
was among the largest language groups ethnic group reported that their home
• According to IDEA child count data
in the ELL populations of 10 states. language was Spanish. However, only
for the 2009-10 school year, 518,088
Schools and advocacy organizations 58% of these Spanish-speaking students
students with disabilities were clas-
in these states could expect to serve were classified as ELLs and the remain-
sified as limited English proficient
Somali ELLs with disabilities and could ing 42% were classified as English profi-
(LEP). This represents approximately
anticipate the need for Somali-speaking cient. Of the students who were classi-
8.5% of all students with disabilities
staff, as well as the need for materials in fied as being eligible for ELL services, 7%
(Data Accountability Center, 2013a).
Somali. However, Somali was not one of did not receive them. This information
• Of the 518,088 LEP students reported the largest language groups in the other raises questions regarding the accuracy
as receiving special education ser- states, perhaps due to different patterns of the disability identification, the accu-
vices, 200,347 were in California, rep- of Somali refugee resettlement and mi- racy of procedures to determine English
resenting 39% of the national total. gration. Global events are also a factor proficiency, and whether students were
Only 2% of all ELLs in the state are in predicting what groups will require being denied services for which they
identified as having disabilities, how- services as a result of trends in immigra- were eligible.
ever, compared with 4.8% of English tion and refugee resettlement.
proficient students. Among all states, National data on students in special
Program and Service Considerations
California identified the highest education do provide data on primary
percentage of ELLs with disabilities. disabilities for all students (Data The information presented in this ar-
More than half of all states report Accountability Center, 2013b). From ticle shows the diversity of ELLs with
that they provide special education the data on all students with disabilities disabilities and some of the variation
services to less than 0.5% of the ELL we can make some inferences about in this student population across states
population. ELLs with disabilities. In 2009-2010 and across types of organizations serv-
approximately two-thirds of all students ing the students and their families. It is
with disabilities ages 3-21 were identi- important for educators and others who
Service-Related Characteristics
fied with Specific Learning Disabilities work with ELLs with disabilities to en-
ELLs with disabilities have a number of (SLD), Speech/Language Impairments sure they understand the characteristics
characteristics that vary across students. (SLI), Mental Retardation (MR), and of students in general and specifically of
By definition they are all limited in their Emotional Disturbance (ED). The larg- the population in the area they serve.
English proficiency, but students may est group of students had specific learn- Several recommendations are provided
vary greatly in the amount of time they ing disabilities, followed by those with here to consider in developing programs
[Watkins and Liu, continued on page 33]
4 Overview
The Present and Future of Bilingual/ESL
Special Education
by Roberto Figueroa, Janette Klingner, and Leonard Baca
Over the past 45 years, educators have unless the special education interven- categories (i.e., learning disabilities,
come to recognize the unique needs tion actually eliminates the students’ intellectual disabilities, and emotional
of culturally and linguistically diverse academic problems, they will still experi- disturbance). Though overrepresentation
students with exceptionalities (CLDE). ence difficulties during that part of the had been a concern for more than three
This awareness helped establish the field day when special help is not available. decades (Dunn, 1968), the phenomenon
of bilingual/ESL special education. This Therefore, consultation seeks to modify came under increased scrutiny with the
interface between bilingual, English as a the students’ classroom experiences on a publication of a National Research Council
second language (ESL), and special edu- full-time basis by collaboration between report in 2002 (Donovan & Cross, 2002).
cation has attempted to address the edu- specialists and classroom teachers. Ide- The report showed dramatic overrepre-
cational needs of these CLDE students. ally, this helps not only the students sentation among African American stu-
This article focuses on students learning with special needs in particular, but also dents in the intellectual disabilities and
a second language with a disability, the provides indirect assistance for other emotional disturbance categories, and
present state of practice, and recommen- students who are not officially eligible wide variability across and within states
dations for future practice. for special services, and provides direct in placement rates among Latino stu-
support for the teacher. Language/ESL dents in the learning disabilities category.
specialists are part of this collaborative Since the publication of that report,
What is Bilingual/ESL Special Education?
model as they support classroom teach- additional research has pointed to im-
Bilingual/ESL special education may be ers and special educators. portant differences in special education
defined as “...the use of the home lan- placement rates among different subpop-
guage and the home culture along with ulations of ELLs. In their investigation of
Current Issues in Practice
ESL in an individually designed program special education placement rates among
of special instruction for the student” The educational landscape has changed ELLs in several school districts, Artiles,
(Baca, n.d.). Its theoretical framework is a great deal since the passage of the Rueda, Salazar, and Higareda (2005)
based on three fundamental perspectives: Individuals with Disabilities Education found that older ELLs were overrepre-
Improvement Act (IDEA, 2004). More sented in special education, but younger
• Sociocultural theory: The manner in
and more states are following a Response students were not. ELLs in English-only
which learning is connected to stu-
to Intervention (RTI) process to decide programs were more likely to be over-
dents’ cultures and communities.
which students qualify for special educa- represented than students in programs
• Cultural capital and funds of knowledge
tion. No longer is eligibility determined with some native language instruction.
of the community: The resources that
by establishing a discrepancy between Sullivan (2011) recently examined place-
come from the students’ cultures and
students’ potential, as measured by ment patterns in Arizona and found that
communities.
an intelligence test, and their achieve- ELLs were more likely to be identified as
• Principles of effective learning: The ment. Thus, RTI addresses some of the having learning or intellectual disabilities
principles that include teachers and long-standing concerns about biased than in previous years (prior to English-
students producing work together, assessment procedures with ELLs (Eng- only legislation) and less likely to be
developing language and literacy lish language learners). Yet RTI tends served in the least restrictive educational
across the curriculum, connecting to be implemented in one-size-fits-all environments relative to White peers.
school to students’ lives, teaching ways that do not adequately take into The majority of students in special
complex thinking, and teaching account the diverse needs of these stu- education have reading disabilities.
through instructional conversations. dents (Klingner & Edwards, 2006). And Although they are still in the process of
The collaborative consultative model although intelligence tests are not acquiring English as a second or addi-
has become a central tenet of bilingual/ administered with the same frequency tional language, they are more frequently
ESL special education. Rather than as in the past, some problematic assess- taught in English than other CLDE stu-
special educators being responsible for ment procedures continue. dents, typically without support for their
direct provision of services to students One reason for moving to RTI was to English language development (Zehler
with special needs, these specialists work address overrepresentation of culturally et al., 2003). There are multiple reasons
as consultants to general educators. This and linguistically diverse students in for this. One is that too few special
idea stems from the realization that high-incidence special education education teachers have been trained in
Retrieved from the Web site of the Institute on Community Integration, University of Minnesota (http://ici.umn.edu/products/impact/261). Citation: Liu, K., Watkins, E., Pompa, D., McLeod, P., Elliott, J.
& Gaylord, V. (Eds). (Winter/Spring 2013). Impact: Feature Issue on Educating K-12 English Language Learners with Disabilities, 26(1). [Minneapolis: University of Minnesota, Institute on Community
Integration and Research and Training Center on Community Living].
Overview 5
English language acquisition and lack the assessments, a monolingual student is not being misdiagnosed with disabilities
skills needed to help their ELL students. considered to be at the correct devel- and placed into special education. Once a
Another is the misguided belief by some opmental level if, for example, she can student is found to have a disability, a dif-
that once CLDE students receive assis- name five colors in English. However, ferent approach from “business as usual”
tance in special education, all of their the bilingual student who knows three is needed. Teachers must be trained in
needs can be met by special educators. colors in English and three colors in language issues so that they can support
Rarely are the special education services Spanish would be considered as lacking CLDE students in the acquisition of Eng-
they receive optimal. or behind when looking at her knowl- lish though a variety of culturally and lin-
edge in only one language, when in fact guistically responsive teaching methods.
she has a more extensive vocabulary And, more research is needed on high lev-
The Future of Bilingual/ESL Special
(six colors altogether). By improving el teaching practices that are effective for
Education
assessment practices, hopefully fewer CLDE students. As educational practices
Looking forward, special education for bilingual students will be placed in spe- shift, special education for bilingual stu-
CLDE learners requires reforms to better cial education for needs they do not have. dents can become more supportive of the
meet their needs. The focus of reforms Also important is the manner in challenges they face and more cognizant
should be on assessment as well as on which CLDE learners’ needs are sup- of the many strengths and rich potential
instruction and support services, with ported in the classroom. When ELLs are they bring to the classroom.
the goal of creating a more equitable identified as having disabilities, their
References
system for all students in education by need for instruction in English language
Artiles, A. J., Rueda, R., Salazar, J. J., & Higareda, I. (2005). Within-group
making sure students’ needs are accu- development does not end. In other diversity in minority disproportionate representation: English language
learners in urban school districts. Exceptional Children, 71 (3), 283-300.
rately identified and that those needs are words, ELLs with disabilities need the
Baca, L. (n.d.) Approaches and strategies for serving English language
addressed through high quality instruc- services entitled to students with dis- learners with disabilities. Retrieved from http://www.ets.org/Media/
Conferences_and_Events/pdf/ELLsympsium/Baca_Leonard.pdf
tion. The first facet of reforming the way abilities as well as the services designed
Donovan, M. S., & Cross, C. T. (Eds.) (2002). Minority students in special and
educational systems address CLDE stu- to support ELLs. They benefit from: (a) gifted education. Washington, D.C.: National Academy Press.
dents in special education is the accurate culturally and linguistically responsive Dunn, L. M. (1968). Special education for the mildly mentally retarded: Is
much of it justifiable? Exceptional Children, 23, 5-21.
assessment of disabilities that takes into teachers, (b) culturally and linguistically
Figueroa, R., & Newsome, P. (2006). The diagnoses of LD in English
account the process by which a second responsive and relevant instruction, (c) Language Learners: Is it nondiscriminatory? Journal of Learning
Disabilities, 39, 206-214.
language is acquired. A reason for the a supportive learning environment, (d)
Grosjean, F. (1985). Multilingualism and language norming. Journal of
overrepresentation of bilingual students assistance with English language acquisi- Multilingual and Multicultural Development, 477, 467-477.
in special education is that the traditional tion (such as oral language, vocabulary, Hakuta, K., Butler, Y.G. & Witt, D. (2000). How long does it take English
learners to attain proficiency. Santa Barbara: University of California,
assessment process cannot adequately and academic language development), Linguistic Minority Research Institute.
distinguish between language acquisi- (e) support in the general education Klingner, J. K., & Artiles, A. (2003). When should bilingual students be in
special education? Educational Leadership, 61(2), 66-71.
tion and learning disabilities. Evaluations classroom to help them access the Klingner, J. K., & Edwards, P. (2006). Cultural considerations with response
for learning disabilities give insufficient general education curriculum, and (f) to intervention models. Reading Research Quarterly, 41, 108-117.
Klingner, J. K., & Harry, B. (2006). The special education referral and
consideration to the effects of language intensive research-based interventions decision-making process for English Language Learners: Child study
acquisition on learning or on the assess- designed to help them improve their team meetings and placement conferences. Teachers College Record, 108,
2247-2281.
ment process (e.g., Figueroa & Newsome, academic skills in targeted areas. Sullivan, A.L . (2011). Disproportionality in special education identifica-
2006; Klingner & Harry, 2006). English language learners without dis- tion and placement of English language learners, Exceptional Children
77(3), 317-334.
Secondly, creating valid assessments abilities, on average, require three to five Zehler, A., Fleischman, H., Hopstock, P., Stephenson, T., Pendzick, M., &
of bilingual academic proficiency is inte- years in order to become orally fluent Sapru, S. (2003). Policy report: Summary of findings related to LEP and
SPED-LEP students. Washington, DC: U.S. Department of Education, Office
gral to halting the overrepresentation of in English as a second or additional lan- of English Language Acquisition, Language Enhancement, and Academic
Achievement of Limited English Proficient Students (OELA).
bilingual students in special education guage, and four to seven years to become
(Klingner & Artiles, 2003). A common academically proficient in the language
Roberto Figueroa is a Doctoral Student in
misconception is that a bilingual stu- (Hakuta, Butler, & Witt, 2000). This
Bilingual Special Education, University of
dent is a combination of two languages highlights the need for instruction in a
Colorado Boulder. He may be reached at
operating independently in the student, student’s primary language to support
[email protected] or 916/290-
rather than recognizing the dynamic in- their learning while they are acquiring
3044. Janette Klingner is Professor of Bilingual
terplay of different languages (Grosjean, English, especially for students with dis-
Special Education, University of Colorado
1985). Instead of evaluating the entirely abilities who may require more time to
Boulder. She may be reached at janette.klingner
unique system of bilingual language become proficient in a second language.
@colorado.edu or 303/492-0773. Leonard
acquisition, bilingual students are mea- These examples present a clear direc-
Baca is Professor of Bilingual Special Educa-
sured in terms of their proficiency in one tion for bilingual/ESL special education.
tion, University of Colorado Boulder. He may
language only in comparison with mono- Revised assessment practices are needed
be reached at [email protected] or
lingual peers. According to traditional to make sure that bilingual students are
303/492-3353.
6 Overview
The Legal Obligations of Education Systems to
Serve English Learners with Disabilities
by Joanne Karger
The number of English learners (ELs) that receive federal funding.1 The Office • After a sufficient time, does the
enrolled in the public schools has been of Civil Rights of the U.S. Department program show that the language
increasing rapidly over the past decades. of Education is the federal agency that barriers facing ELs are actually being
Along with this increase, more ELs are enforces Title VI.2 In investigating com- overcome? 7
being identified for special education. plaints under Title VI, the office has
The Office of Civil Rights has applied
The relationship between language de- noted that Title VI does not require a
these same three factors to the investiga-
velopment and disability is complex. In particular program of instruction such
tion of complaints under Title VI.8
some instances, ELs may be improperly as English as a Second Language. How-
labeled as having a disability. In other ever, once a district offers a bilingual
instances, these students may not re- program, at a minimum, the teachers Responsibilities Under the Elementary
ceive the special education and related should be able to speak, read, and write and Secondary Education Act
services that they need. both languages and should have re-
Originally passed in 1965 as part of
There are two types of laws that ceived adequate instruction in bilingual
President Johnson’s War on Poverty, the
address the education of ELs with dis- education.3
Elementary and Secondary Education
abilities – those that pertain to language The Equal Educational Opportunities
Act (ESEA) is the major federal education
learning, and those that pertain to the Act (EEOA) is another civil rights law
statute that focuses on the education of
provision of special education services. that requires states and school districts
all students in grades K-12. It emphasizes
The first part of this article discusses to take appropriate action to overcome
high standards and accountability.
language barriers that impede the equal
Under Title I of the ESEA, as
participation of ELs in instructional pro-
amended by the No Child Left Behind
grams.4 This law was originally passed
It is important for educators to be Act of 2001, states are required to adopt
in 1974, the same year as the Supreme
challenging academic content and
Court’s decision in the Lau v. Nichols case.
aware of their legal obligations and achievement standards for all children
In this case, the Supreme Court conclud-
in the state.9 Title I also requires states
ed that the San Francisco school system
to work collaboratively with families to conduct yearly academic assessments
had failed to provide non-English speak-
that are aligned with these standards10
ing Chinese students with equal educa-
in implementing these obligations. and report on the progress of students
tional opportunities under Title VI.5
in certain subgroups, including race/
The Civil Rights Division of the
ethnicity and limited English profi-
U.S. Department of Justice enforces
ciency.11 English learners (referred to in
the EEOA and investigates complaints
the ESEA as “limited English proficient
obligations with respect to all ELs, in- that states or districts are not provid-
children”) must be assessed in a valid
cluding ELs with disabilities, under Title ing appropriate services to ELs.6 The
and reliable manner with reasonable ac-
VI of the Civil Rights Act of 1964, the Department of Justice has pointed out
commodations, including (to the extent
Equal Educational Opportunities Act, that the EEOA does not require educa-
practicable) assessments in the language
and the Elementary and Secondary Edu- tional agencies to use a particular type
and form most likely to yield accurate
cation Act. That is followed by a discus- of language program such as English
data on what these students know and
sion of specific obligations pertaining to as a Second Language. Rather, courts
can do until they have achieved English
ELs with disabilities under the Individu- typically use three factors to determine
language proficiency.12 ESEA regulations
als with Disabilities Education Act. whether the educational agency acted
also permit states to exclude from the
appropriately:
reading/language arts assessment an EL
Requirements of Title VI and the Equal • Is the program based on sound who has attended school in the United
Educational Opportunities Act educational theory? States for less than 12 months.13
• Is the program reasonably calculated Title III of the ESEA focuses on
Title VI of the Civil Rights Act of 1964
to carry out this educational theory ensuring that ELs, including immigrant
(Title VI) is a civil rights law that prohib-
effectively? children and youth, attain English pro-
its discrimination on the basis of race,
ficiency and meet the same challenging
color, or national origin in programs
Retrieved from the Web site of the Institute on Community Integration, University of Minnesota (http://ici.umn.edu/products/impact/261). Citation: Liu, K., Watkins, E., Pompa, D., McLeod, P., Elliott, J.
& Gaylord, V. (Eds). (Winter/Spring 2013). Impact: Feature Issue on Educating K-12 English Language Learners with Disabilities, 26(1). [Minneapolis: University of Minnesota, Institute on Community
Integration and Research and Training Center on Community Living].
Overview 7
Rights Under the Individuals with
academic content and achievement is not feasible to do so.27 Similarly, when
Disabilities Education Act
standards that other students are the district provides parents with a no-
expected to meet.14 Title III provides The Individuals with Disabilities Educa- tice of procedural safeguards, this notice
grants to states, which award subgrants tion Act (IDEA) is the federal special must be written in the parents’ native
to districts and other eligible entities to education statute. IDEA is both a fund- language, unless it clearly is not feasible
improve the education of ELs.15 The law ing statute and a civil rights statute to do so. 28
does not specify what type of instruc- that was enacted under the Fourteenth
tional program a district must use, as Amendment. IDEA includes several pro-
Conclusion
long as the program is “based on scien- visions that pertain to the evaluation and
tifically based research.” 16 identification of ELs with disabilities. All of the above requirements are in-
Under Title III, states must establish These provisions are intended to ensure tended to help improve the provision
English language proficiency standards that ELs are not identified inappropri- of services to ELs with disabilities. In
that are based on the four language do- ately for special education. In conducting order to address the needs of this popu-
mains (speaking, listening, reading, and special education evaluations, school dis- lation more effectively, it is important
writing) and that are aligned with the tricts must ensure that assessments and for educators to be aware of their legal
state’s content and achievement stan- other evaluation materials are selected obligations and to work collaboratively
dards for all students.17 States must also and administered in a manner that is with families in implementing these
assess the English proficiency of stu- not discriminatory on a racial or cultural obligations.
dents served under Title III on an annual basis.21 In addition, these assessments
basis.18 Moreover, states are required to must be administered in the language Notes
establish annual measurable achieve- and form that is most likely to provide 1. 42 U.S.C. § 2000d et seq.
2. See http://www2.ed.gov/about/offices/list/ocr/eeolep/index.html
ment objectives that include: accurate information about what the
3. See http://www2.ed.gov/about/offices/list/ocr/docs/lau1991.html
• Annual increases in the number or child knows and can do, unless it is not 4. 20 U.S.C. § 1703(f).
percentage of children making prog- feasible to do so.22 Moreover, trained and 5. 414 U.S. 563 (1974).
ress in learning English. knowledgeable personnel must admin- 6. See http://www.justice.gov/crt/about/edu/types.php
7. Castaneda v. Pickard, 648 F.2d 989 (5th Cir. 1981).
ister the assessments.23 The Act further
• Annual increases in the number or 8. See http://www2.ed.gov/about/offices/list/ocr/docs/lau1991.html
specifies that a child must not be found
percentage of children attaining 9. 20 U.S.C. §§ 6311(b)(1)(A)–(B).
English proficiency by the end of eligible for special education services 10. 20 U.S.C. § 6311(b)(3)(A).
under IDEA if the determining factor is 11. 20 U.S.C. §§ 6311(b)(2)(C)(v), (G).
each school year.
limited English proficiency.24 12. 20 U.S.C. §§ 6311(b)(3)(C)(ix), (III).
• Progress for ELs in reading/language 13. 34 C.F.R. § 200.6(b)(4)(iv).
Several IDEA provisions relevant to
arts and mathematics.19 14. 20 U.S.C. § 6812(1).
ELs with disabilities pertain to the de-
15. 20 U.S.C. §§ 6821, 6825.
Beginning in 2011, the U.S. Depart- velopment of Individualized Education 16. 20 U.S.C. § 6812(9).
ment of Education has offered states Programs (IEPs). IDEA requires that, in 17. 20 U.S.C. § 6823(b)(2).
the opportunity to request flexibility the development of an IEP for a student 18. 20 U.S.C. § 6823(b)(3)(D).
to waive certain requirements of the with limited English proficiency, the IEP 19. 20 U.S.C. § 6842(a)(3)(A).
20. U.S. Department of Education (2011), ESEA Flexibility: Frequently
ESEA. To receive flexibility, each state team consider the language needs of the Asked Questions. Available at http://www2.ed.gov/policy/elsec/
must submit a waiver request that ad- child.25 In addition, districts must take guid/esea-flexibility/index.html.
21. 20 U.S.C. § 1414(b)(3)(A)(i).
dresses several principles for improving whatever action is necessary to ensure
22. 20 U.S.C. § 1414(b)(3)(A)(ii).
academic achievement and increasing that the child’s parents understand what 23. 20 U.S.C. § 1414(b)(3)(A)(iv).
the quality of instruction. In providing is happening at the IEP meeting, includ- 24. 20 U.S.C. § 1414(b)(5)(C).
guidance on what states must include in ing arranging for an interpreter if the 25. 20 U.S.C. § 1414(d)(3)(B)(ii).
their waiver requests, the department parents’ native language is not English.26 26. 34 C.F.R. § 300.345(e).
27. 20 U.S.C. § 1415(b)(3),(4).
has noted that “English Learners are cov- Additional requirements pertain to
28. 20 U.S.C. § 1415(d)(2).
ered by all the principles of this flexibil- communication with parents of ELs
ity.” The guidance also included ways in with disabilities. Districts must provide Joanne Karger is a Policy Analyst and
which states could address ELs in their parents prior written notice when the Research Scientist with CAST, an educational
waiver requests, including potential district proposes to initiate or change research and development organization focus-
changes concerning the third objective (or refuses to initiate or change) the ing on Universal Design for Learning, and
identified above on progress in reading/ identification, evaluation, educational based in Wakefield, Massachusetts. She is
language arts and mathematics.20 placement, or provision of a free appro- also an attorney who has worked extensively
priate public education. IDEA specifies in the area of education law. She may be
that this notice must be provided in the reached at [email protected] or at 781/
parents’ native language, unless it clearly 245-2212.
8 Overview
The Common Core State Standards and
English Language Learners with Disabilities
by Delia Pompa and Martha Thurlow
Led by the National Governors Asso- are viewed as more coherent, meaning the new generation of technology-based
ciation and the Council of Chief State that they are logically organized across assessments may remove that limitation.
School Officers, and working with grades to reflect increasing levels of
content-area experts, new standards for knowledge and skills without a lot of
CCSS Challenges for ELLs with Disabilities
English language arts and mathematics repetition and review. The CCSS are
were developed in 2010. The new stan- viewed as being internationally bench- Educators across the country are chal-
dards are known as the Common Core marked so that students who meet these lenged by the new standards for English
State Standards, or CCSS for short. standards are more likely to be college language arts and mathematics, even
and career ready and competitive in a when they are just thinking about typi-
global economy when they complete the cal students – those without disabilities
K-12 education system. or those whose English skills are well
New standards for English
The CCSS are also viewed as being established. Implementation requires a
dependent on understanding the English shift in their thinking about the content
language arts and mathematics
language as well as the content of English itself and about when certain topics
language arts and mathematics. This need to be taught.
developed in 2010 have been
means that there are inherent challenges For ELLs, challenges surround the
for students who are learning English. It reliance on English skills. Major ini-
adopted by 46 states.What do
also means that there are challenges for tiatives, such as the Understanding
students who have disabilities that may Language initiative out of Stanford
they mean for English language
interfere with their access to the content University (see http://ell.stanford.edu),
or with demonstrating their knowledge confirm that ELLs need more than a
learners with disabilities?
and skills in the content. focus on language acquisition indepen-
dent of content learning. They need im-
proved instruction in the content areas
CCSS Promise for ELLs with Disabilities
These standards have now been adopted of English language arts and mathemat-
by 46 states, replacing the reading and The promise of the CCSS for English ics, as well as science, but they also need
math standards that states had identified language learners, students with dis- continued work on English skills that are
for themselves. abilities, and students who are both is aligned to the CCSS so that they have ac-
What do these new standards mean that they are fewer and deeper. Teach- cess to the CCSS instruction.
for English language learners (ELLs) with ers will no longer have to attempt to For students with disabilities, chal-
disabilities? How are they related to the cover a large number of standards, but lenges surround their ability to access
English proficiency of ELLs with disabili- can spend more time on each concept. the curriculum with the supports and
ties? Do they really change anything? To Teachers also can embed formative as- accommodations needed to reduce any
answer these questions, it is necessary to sessments in their instruction to check barriers to learning due to their disabili-
say just a bit more about the CCSS and on student progress. Creating formative ties. Barriers to learning might include
their implementation. Then we address assessment lessons can deepen students’ learning disability issues, language dis-
some of the promises and the challenges understanding of mathematics and Eng- ability issues, emotional or behavioral
that may come with the CCSS as we edu- lish language arts. issues, or a variety of sensory and intel-
cate ELLs with disabilities. Finally, we Consortia of states are in the process lectual disability issues.
identify some next steps for educators of developing new technology-based For ELLs with disabilities, the chal-
and parents of ELLs with disabilities. assessments for the CCSS. These as- lenges are two-fold: They involve both
sessments hold the promise of being language acquisition and disability is-
a new generation of assessments that sues. These dual challenges require that
CCSS for English Language Arts and Math
truly measure the academic achieve- educators and parents be aware of the
The CCSS have been described as being ment of ELLs with disabilities. Current needs of ELLs with disabilities as the
“fewer, clearer, and higher.” Most states assessments are limited in the number CCSS are implemented.
agree that the standards are more rigorous of items that measure achievement on
than their current state standards. They either end of the achievement spectrum;
Retrieved from the Web site of the Institute on Community Integration, University of Minnesota (http://ici.umn.edu/products/impact/261). Citation: Liu, K., Watkins, E., Pompa, D., McLeod, P., Elliott, J.
& Gaylord, V. (Eds). (Winter/Spring 2013). Impact: Feature Issue on Educating K-12 English Language Learners with Disabilities, 26(1). [Minneapolis: University of Minnesota, Institute on Community
Integration and Research and Training Center on Community Living].
Overview 9
Steps for Educators and Parents as CCSS
instruction, and formative assessment • Monitor and provide feedback so
are Implemented
aligned to those standards. that there is a continuous emphasis
It is imperative that educators working • Use data to determine the needs of in- on improvement and change in the
with ELLs with disabilities, and the par- dividual students, as well as program- instruction of ELLs with disabilities.
ents of ELLs with disabilities, be aware matic needs of ELLs with disabilities.
of the CCSS. They also need to be attuned
• Focus instructional goals so that edu- Conclusion
to both the challenges and opportuni-
cators and parents have a common
ties that the CCSS create for ELLs with States and educational organizations are
purpose – improving the access and
disabilities. Recommendations for next recognizing the importance of the CCSS
success of ELLs with disabilities in
steps for educators and parents of these for all students. Ensuring that ELLs with
achieving the CCSS.
students include: disabilities realize the promise of the
• Ensure that evidence-based practices
CCSS will require that educators and
• Make yourself familiar with the
are used to reach the targets identified
parents work together toward this end.
CCSS, and how they are linked to
by the CCSS, while at the same time
college and career readiness. Two
recognizing the language and disabil-
Delia Pompa is Senior Vice President of
useful resources are the CCSS Web
ity needs of ELLs with disabilities.
Programs with the National Council of
site (www.corestandards.org) and
• Implement the appropriate strate- La Raza, Washington, D.C. She may be
a parent/teacher resource from the
gies deeply. This requires a focus on reached at [email protected] or 202/785-
Council of Great City Schools (www.
core, effective strategies that blend 1670. Martha Thurlow is Director of the
cgcs.org/Domain/36).
language and content instruction, and National Center on Educational Outcomes,
• Ensure that educators working with
leaving behind extraneous activities Institute on Community Integration,
ELLs with disabilities are trained in
that may be fun but that do not ad- University of Minnesota, Minneapolis. She
the CCSS, and have an understand-
dress the instructional needs of ELLs may be reached at [email protected] or
ing of how to develop curriculum,
with disabilities. 612/624-4826.
Resources on English Language Learners with Disabilities
for Professionals and Families
The following resources from around the country information useful to professionals and par- professionals in both Spanish and English.
may be of interest to readers of this Impact issue: ents within Minnesota and elsewhere. Among It includes information on different types of
• NCEO English Language Learner Resources the online resources are information on staff learning disabilities, perspectives of parents
(http://www.nceo.info). The new report, development for interpreters working with raising children with learning disabilities,
“Assessment Principles and Guidelines for English language learners with disabilities, explanations of different types of education
ELLs with Disabilities,” (www.cehd.umn.edu/ glossaries of special education terminology in practices and services, and tips on planning
nceo/onlinepubs/partners.html) is among the Hmong and Somali, plus a brochure on how to for life after high school.
extensive resources about English language hold IEP meetings with an interpreter. • Special Education: What Do Parents
learners (ELLs) with disabilities available • English Learners with Special Needs Need to Know? (http://www.pacer.org/
on the Web site of the National Center on (www.ncela.gwu.edu/files/uploads/17/ publications/specedrights.asp). This free,
Educational Outcomes (NCEO) at the Institute Accellerate_3_3.pdf). This issue of online presentation for parents is available in
on Community Integration, University of AccELLerate!, the Spring 2011 quarterly re- Hmong, Somali, Spanish and English. It was
Minnesota. Among the topics addressed in view produced by the National Clearinghouse created to help parents of children with dis-
the online resources are accommodations, for English Language Acquisition, addresses abilities understand what special education is,
accountability, graduation requirements, theory, research, and practice related to how a child might get into special education,
standards, and Universal Design. English learners with special needs. how to resolve disagreements, and what role
• English Learner Disability Resources • National Center for Learning Disabilities parents play. Developed by PACER Center, a
(http://education.state.mn.us/MDE/ Spanish Web site (http://www.ncld.org/ resource center for families of children with
SchSup/SpecEdComp/EngLearnDisabiRes/ recursos-en-espanol). The center offers disabilities, whose Web site also offers many
index.html). This Web site from the much of its Web site and extensive informa- other materials for families in Hmong, Somali,
Minnesota Department of Education offers tion on learning disabilities for parents and Spanish and English. Their phone number is
888/248-0822 (U.S.) and 800/537-2237 (MN).
10 Overview
Accommodations Considerations for
English Language Learners with Disabilities
by Martha Inez Castellón and Sandra Hopfengardner Warren
The American education system has classrooms across all subject areas” Standards (i.e., the English Language
always faced the challenge of educating (Quinn, Cheuk, & Castellón, 2012, p. ii). Learners and Assessing Special Educa-
students who are not yet proficient in In English language arts, for example, tion Students collaboratives) undertook
English. Likewise, it has always faced students will have to comprehend and the task of creating the new resource,
the challenge of educating students who evaluate complex texts across a range of Accommodations Manual: How to Select,
experience a disability. Recent reforms types and disciplines, construct effective Administer, and Evaluate Use of Accom-
around accountability have drawn atten- arguments, and convey intricate and modations for Instruction and Assessment
tion to the instructional and assessment multifaceted information (National Gov- of English Language Learners with Dis-
needs of students who fall into both ernors Association Center for Best Prac- abilities (CCSSO, in press). Its purpose is
tices & Council of Chief State School to establish general guidelines for states
Officers, 2010a). In math, mathemati- and districts to use. When published in
cally proficient students will be able to its final form, states and districts will be
The CCSSO Accommodations
understand and use stated assumptions, able to adapt the manual (adding their
definitions, and previously established respective policies and procedures) to be
Manual establishes general
results in constructing arguments; they followed by educators at the school and
will be able to make conjectures and district levels charged with making ac-
guidelines for states and districts
build a logical progression of statements commodations decisions.
to explore the truth of their conjectures;
to use in selection, administration,
and they will be able to justify their con-
clusions, communicate them to others, Use of accommodations is one
and evaluation of accommodations
and respond to the arguments of others
(National Governors Association Center critical way of offering these
for instruction and assessment of
for Best Practices & Council of Chief
State School Officers, 2010b). students increased access to
ELLs with disabilities.
Further complicating matters, ELLs
with disabilities must take two differ- sophisticated content and “a high
ent types of assessment for account-
categories. In this article, we address ability purposes: content assessments level of discourse in classrooms
several key considerations that educa- in which knowledge of the practices of
tors at all levels – state, district, and the discipline is measured, and language across all subject areas.”
school – must keep in mind when mak- proficiency assessments in which profi-
ing instructional and assessment-related ciency in discipline-specific language is
decisions for English language learners measured. English language proficiency
(ELLs) with disabilities. assessments are now required to corre- The manual presents the following five-
spond with the types of texts, problems, step process for schools and districts
and tasks that students must perform (CCSSO, in press):
The Current Assessment Context
on content assessments. Hence, charac-
1. Expect English language learners
The new Common Core State Standards teristics of language found on language with disabilities to achieve grade-
in English language arts and mathematics proficiency tests will mirror the types of level academic content standards.
place an unprecedented emphasis on language used in content assessments as
2. Learn about accommodations for
language. As noted by the Understand- never before.
instruction and assessment.
ing Language initiative co-leaders Kenji
3. Select accommodations for
Hakuta and María Santos, the Common CCSSO’s Accommodations Manual for
instruction and assessment of indi-
Core State Standards “raise the bar for ELLs with Disabilities
vidual students.
learning, call for increased language
capacities in combination with in- In 2012, two Council of Chief State 4. Administer accommodations dur-
creased content sophistication, and School Officers (CCSSO) State Collab- ing instruction and assessment.
call for a high level of discourse in oratives on Assessment and Student
Retrieved from the Web site of the Institute on Community Integration, University of Minnesota (http://ici.umn.edu/products/impact/261). Citation: Liu, K., Watkins, E., Pompa, D., McLeod, P., Elliott, J.
& Gaylord, V. (Eds). (Winter/Spring 2013). Impact: Feature Issue on Educating K-12 English Language Learners with Disabilities, 26(1). [Minneapolis: University of Minnesota, Institute on Community
Integration and Research and Training Center on Community Living].