How is an English Learner Identified?
In Pennsylvania, after completing the Home Language Survey, if the HLS indicates a language other than English for any question, LEAs must follow the English Learner Identification Procedure to identify EL students during enrollment. This process must be completed within 30 calendar days from the start of the school year for students enrolling before the school year begins, or within 14 calendar days for those enrolling during the school year.
Screening and Placement
What do I do if a student arrives with an IEP or is suspected of having a disability at the time of enrollment?
If a student arrives with an IEP or is suspected of having a disability (i.e. parent informs enrollment personnel that the student has a disability), then enrollment personnel must coordinate with Special Education staff to complete this procedure. NOTE: The identification process must be completed within the timelines prescribed in this procedure.
If the student arrives with an IEP:
Screening, if determined required after the completion of an academic review, must be completed with appropriate accommodation and the test results must be interpreted in consultation with Special Education personnel.
Pennsylvania uses WIDA Screener for Kindergarten and WIDA MODEL to identify English Learners (ELs) in kindergarten and WIDA Screener or WIDA MODEL (for Grades 1-12) to identify ELs in grades 1-12.
If the student is suspected of having a disability but a determination cannot be made prior to completing this procedure:
Screening, if determined required after the completion of an academic review, must be completed with any administrative considerations, universal tools, or accommodations that the ESL/SPED educators deem necessary. This procedure must be completed in accordance with the outlined guidelines and the student must be placed in the appropriate language instruction educational program (LIEP) based on the information available at the conclusion of the identification procedure.
If, after the student is placed in the LIEP, the student is determined to have a disability that may have affected the screening (e.g. requires a testing accommodation that was not offered), then the student must be re-screened using the appropriate accommodations. If the student does not meet the criteria for identification as an EL based on this subsequent testing, then the district must contact PDE to remove the EL identifier and the student should be removed from the LIEP.
If a student cannot complete all domains of the screener due to a disability:
The determination must be based on the domains that can be completed by applying the appropriate cutoff score to all completed domains individually. For example, if a 4th grade student can only complete the reading and writing domains, then he/she must achieve a proficiency level of 5.0 or above in both reading and writing to exclude them from identification as an EL.
If a student cannot complete any domains of the screener due to a disability:
The identification decision must be based on the available evidence gathered from the home language survey, the family interview, and the records review. If the HLS indicates a language other than English, the family interview confirms that it is tied to national origin and significant, and academic records do not supply evidence of English proficiency, then the student should be identified as an EL.
For more information: Link to PDE BEC https://www.education.pa.gov/Policy-Funding/BECS/PACode/Pages/EducatingELs.aspx
Link to SAS portal ELD https://www.pdesas.org/Page/Viewer/ViewPage/62
Translated Documents for IEPs Search: https://www.pattan.net/Forms
Dear Colleague Letter: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-el-201501.pdf
WIDA Letter to Tim Boals (already on the webpage)
Guidance on Interpreters, Translation and Cultural Liaisons (already on the webpage)
https://sites.ed.gov/idea/osep-fast-facts-students-with-disabilities-english-learners
How do I know if my school district is disproportionately identifying ELs with disabilities?
Under IDEA an English learner with a disability is an individual “who receives both the English as a second language assistance and disability-related services to which they are entitled under Federal law.”
English language learning is not a disability and cannot be regarded as such.
Though some ELs may have a disability and qualify for special education services. This could be determined at the time of enrollment if a student arrives with a valid individualized education program (IEP) or at some point during the school year.
All procedures for the screening, evaluation, IEP, and the provision of services and/or instruction must be in compliance with the Individuals with Disabilities Education Act Opens In A New Window(IDEA) and PA Chapter 14 Opens In A New Window Regulations. (taken from BEC PDE website)
Under the Civil Rights Act of 1964, Title VI, schools are mandated to identify English Learner (EL) students. Local Education Agencies (LEAs) have a federal obligation to provide necessary ESL/bilingual instruction and academic support to ensure ELs succeed in school.