Frequently Asked Questions

Frequently asked questions	Answers
Is EL considered a related services?	No. English Language Development (ELD)/ English As a Second Language(ESL) must be included as part of an academic program for ELs to ensure access to education. IDEA defines related services as …“supportive services as are required to assist a child with a disability to benefit from special education” to support their disability. “English language development instruction or English as a second language is part of an EL's general academic program and must be included in an academic program for ELs with disabilities. This content must be delivered by a properly trained and certified ESL teacher either directly or by a special education teacher who is working in collaboration with an ESL teacher.” “The IEP team, which must include an ESL professional, must take into account the language needs of an EL with a disability when considering program design and placement.”- Educating English Learners
I was told by a bi-lingual school psychologist that she could not determine an EL student with a disability until the student received 2 years of formal education. This is correct?	Any 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 are impermissible under the IDEA and Federal civil rights laws. When conducting 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. A school district must ensure that assessments and other evaluation materials used to evaluate a child with a disability are “provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer. Prior to evaluating an EL student, school districts should, to the extent practicable, gather appropriate information about a student’s previous educational background, including any previous language-based interventions. https://www.justice.gov/sites/default/files/crt/legacy/2015/01/07/eldcleng.pdf Definition of a Student with Limited or Interrupted formal education (SLIFE)- • Student is enrolling after second grade AND • Has a literacy score of less than 3.5 on the MODEL screener, WIDA screener or WIDA MODEL AND • Has at least two fewer years of age-appropriate schooling than peers or has unenrolled from U.S. schools to enroll in schools in other countries (including Puerto Rico) more than two times in the past four years AND • Has limited encoding/decoding skills in native language (as indicated by family interview and/or native language measures and/or review of academic records and/or local measures)
We have parents that get upset when we offer an interpreter. Should we have them available as a "just in case" or not at all?	Some examples of when the Department of Education and Department of Justice have identified compliance issues regarding EL students with disabilities eligible for services under Section 504 or the IDEA include failing to provide interpreters to LEP parents at IEP meetings to ensure that LEP parents understand the proceedings. https://www.justice.gov/sites/default/files/crt/legacy/2015/01/07/eldcleng.pdf What type of processes can school districts use to identify limited English proficient parents? School districts must develop and implement a process for determining whether parents are limited English proficient and identifying their language needs. The process should be designed to identify all limited English proficient parents,including parents and guardians whose primary language is not common in the district or whose children are proficient in English. A school district may, for example, use a home language survey, to inquire whether a parent requires oral and/or written communication in a language other than English. The school’s initial inquiry should, of course, be translated into languages that are common in the school and surrounding community so that that the inquiry is designed to reach parents in a language they are likely to understand https://www.ed.gov/media/document/dcl-factsheet-lep-parents-201501pdf-21484.pdf Establishing a relationship with the family and including them throughout the IEP process is important.
Does the timeframe for evaluation follow the same as other students?	Yes.
I've noticed in our district we try MTSS for a year before going to evaluation. Should we avoid this?	Any 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 are impermissible under the IDEA and Federal civil rights laws. https://www.justice.gov/sites/default/files/crt/legacy/2015/01/07/eldcleng.pdf It should not be based on a specific time delay. Instead based on best practices which include: Have multiple sources of data been examined within a clear processes for ongoing review of academic, behavioral, and language-proficiency progress when considering an appropriate referral? Is the student receiving instruction of sufficient quality to enable him or her to make the accepted levels of academic progress? (ex. PLUSS Framework) To what extent might additional factors such as Health, Family circumstances, Environmental factors, Education history, Cultural background,Adjusting to life in the United States, Exposure to trauma — impact the student’s performance and behavior in the classroom? How does the student’s progress in listening, speaking, reading, and writing compare with the expected rate of progress for his or her age and level of L1/ L2 proficiency? (True Peer Data consideration) Is there a Problem-solving, multidisciplinary team is in place and includes knowledgeable team members (individuals with EL expertise) for ELs being evaluated and uses language data in addition to other assessment data to support eligibility discussion (MTSS for ELs Rubric) https://www.pattan.net/Publications/Annotated-IEP-Companion-Checklist-for-English-Lang
We have noticed that when some of our students had a bi-lingual eval, it was unsuccessful because the student struggled in both languages.	Understanding language exposure context in L1 and L2 is important. Asking questions that relate to how and where a student uses their languages is key. Research advises that if a child’s current exposure and use to a language is less than 30%, results from testing in that language are likely inaccurate (Bedore, Peña, Anaya, Nieto, Lugo-Neris & Baron, 2018; Peña,Bedore, Lugo-Neris, Albudoor, 2020). These questions will help us understand students’ language use across their languages. Ask parents and teachers: Who and how much are they speaking (and listening) to throughout their day and in which language? Who and how much are they speaking (and listening) to at home and in the community and in which language?
I've noticed that Intensive Autism students only receive consultation for EL services. Is this common?	Please note: “Consultation” is not a classification under State Language Instruction Educational Program (LIEP). “A LEA may design its LIEP in many ways, but it must ensure that the program design meets the needs of its EL population and is based on research and/or a sound educational theory recognized by at least some experts in the field as legitimate. Regardless of how the LEA chooses to organize its program, the Department requires that it be identified by one of six categories: Mixed Class Bilingual EL Bilingual EL-Specific Transitional Instruction Mixed Classes with Native Language Support EL Specific English Only Instruction Mixed Classes with English Only Support English language development instruction or English as a second language is part of an EL's general academic program and must be included in an academic program for ELs with disabilities. This content must be delivered by a properly trained and certified ESL teacher either directly or by a special education teacher who is working in collaboration with an ESL teacher. The IEP team, which must include an ESL professional, must take into account the language needs of an EL with a disability when considering program design and placement. https://www.pa.gov/agencies/education/resources/policies-acts-and-laws/basic-education-circulars-becs/pa-code/educating-english-learners-els.html
A student with Autism has made 10% gain after 4 years of EL instruction, through an evaluation with a bi-lingual school psychologist, she determined his L1 is English. Parent is demanding EL instruction continue. Our EL team is saying he should be dismissed. Can you explain this minimum 10% gain vs L1 etc? You may explain this later, just putting the question out there for further understanding.	An EL with a disability who has not met the criteria outlined under Reclassification criteria for ELs may be considered for reclassification if: The student has an IEP, AND The student has been continuously enrolled in an LIEP for at least four years, AND The student's overall composite proficiency level score* on the ACCESS for ELLs® has not increased by more than 10% between any two years or total over the three most recent testing cycles, AND The school has documented evidence** that the student has been provided with the appropriate level of language support, including ELD instruction, throughout his/her enrollment in the LIEP, AND A school-based team recommends reclassification. See below for team composition and recommendation protocol. For further determination criteria and resources please refer to: https://www.pa.gov/agencies/education/programs-and-services/instruction/elementary-and-secondary-education/curriculum/educating-english-learners/reclassification-and-exit-criteria.html
If you don't have access to a bilingual psychologist can the evaluation be completed with an interpreter present?	Interpreters can play a critical role in special education evaluations,however,careful and intentional use of specially trained interpreters in special education evaluations could be used to ensure that language barriers do not result in inaccurate assessments or unjust educational decisions.