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1 Revised August 2020 TBIP & Title III Planning and Procedural Manual

TBIP & Title III Planning and Procedural Manual · the child first spoke a language other than English, the student is referred to the EL building designee. The designee initiates

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Page 1: TBIP & Title III Planning and Procedural Manual · the child first spoke a language other than English, the student is referred to the EL building designee. The designee initiates

1 Revised August 2020

TBIP & Title III Planning and Procedural

Manual

Page 2: TBIP & Title III Planning and Procedural Manual · the child first spoke a language other than English, the student is referred to the EL building designee. The designee initiates

2 Revised August 2020

TBIP & Title III Planning and Procedural Manual Everett Public Schools

Table of Contents: EL Program Overview Chart 3 Introduction 4 Identification of Students and Program Eligibility 4 Who Are Our EL Students? 4 Process for EL Student Placement 4 Exit Criteria 5 Monitoring 5 Academic Achievement 6 Student Assessment 6 Participation in State Assessments 6 EL Program Services 7 Other Services 8 Staffing 9 Staff Training 11 Parent Communication and Participation 12 District Program Evaluation 12 Native Americans and Title III 13 Records Destruction Process 15 General Education Process for ELs of Concern 16 Forms 21 Resources 21

Page 3: TBIP & Title III Planning and Procedural Manual · the child first spoke a language other than English, the student is referred to the EL building designee. The designee initiates

3 Revised August 2020

EL Program Overview

Elementary EL Supports: Student supports are determined based on their demonstrated proficiency in English according to ELPA21. The Elementary EL Support Guide, available in DocuShare, provides the criteria and options for support. Middle and High School Student supports are determined based on their demonstrated proficiency in English according to ELPA21. The 6-12 EL Support Guide, available in DocuShare, provides the criteria and options for support.

Student is placed in General Education Classes, with no support, but will continue to be tested annually on the ELPA21 until the student demonstrates proficiency in all domains as determined by the state.

ELPA21 screener information is reported to the state.

Identification of Students by Home Language Survey

EPLA21 Screener Administered

EL services refused by

parents (Parent Waiver)

Student placed in General Education

Classes.

Proficient

Student is NOT eligible for EL services

The student is placed in General Education Classes with implementation

of GLAD strategies. The student receives additional support determined

by their proficiency in the domains.

The student is tested annually on ELPA21 until the student demonstrates

proficiency in all domains as determined by the state.

Emerging Progressing

Student is ELIGIBLE for EL services

Page 4: TBIP & Title III Planning and Procedural Manual · the child first spoke a language other than English, the student is referred to the EL building designee. The designee initiates

4 Revised August 2020

Introduction The goal of the Everett Public Schools Strategic Plan is to ensure that all students know and are able to do what is necessary to be successful as they leave the district. To fulfill this goal, academic standards have been set. Students are given opportunity to learn these standards in meaningful ways, with time being the variable for success. Students are assessed on these standards to determine the level at which they are functioning and to determine strengths and weaknesses. Although EL students are unique in English language ability, they are equal members of the school community and may have access to and participate in academic and non-academic activities. To achieve the goal of preparing EL students to become successful adults, the Everett Public Schools adheres to the philosophy of a content based, English as a Second Language instructional program.

Identification of EL Students and Program Eligibility A two-phase process is used to determine eligibility of students for EL Program within 10 days of a student’s enrollment:

• First, the Home Language Survey (Form A-2 or in the online registration system) is completed upon enrollment in an Everett Public School to determine if a language other than English is spoken at home and/ or if the child first spoke a language other than English.

• If the form indicates that a language other than English is spoken in the home and/ or if the child first spoke a language other than English, the student is referred to the EL building designee. The designee initiates the process for determination of the student's English language proficiency level by administering the English Language Proficiency Assessment for the 21st Century (ELPA21) Screener. Students are eligible for the EL Program if they score at a limited English proficiency status (Emerging or Progressing) on the ELPA21 Screener.

o Students that score Proficient on the ELPA21 Placement Test do not qualify for the EL Program.

o For the 2020-2021 school year, the identification process will be modified during remote learning. The process is outlined in the document, Provisional Guidelines for EL Program Placement.

Who Are Our EL Students? English Learners (ELs) are defined by state law as those whose primary language is other than English and who have English language skill deficiencies that impair their learning in the classroom. Although limited English proficient (LEP) is still used by the government and in law, throughout this document EL will be used to avoid the negative connotation of LEP. Process for EL Student Placement Once a student qualifies for the EL program, they are provided with specialized instruction for English language development and academic content based on their language needs as assessed by the ELPA21 Screener or Annual Test. The type of service and amount of time for service varies for each student based on both their grade level and language needs. Eligible EL students are served through the EL program unless the parent signs a Request for Program Withdrawal (Form B-3). This form is placed in the student’s cumulative file. Although the student will not be served through the EL Program, the student will be assessed annually until proficiency is demonstrated based on ELPA21 Annual.

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5 Revised August 2020

Exit Criteria Students are considered exiting the program once they reach Proficient as determined by the state on the ELPA21 Annual. As students exit the program, the building designee informs parents using the ELPA Transition Letter (Form E). Once the ELPA21 Annual results are received, the EL designee documents exited students on the class enrollment form (Form F) and monthly enrollment changes form (Form G).

Monitoring Students enrolled in the EL program are monitored to ensure their success in acquiring the English language and academic progress each semester. Student ELPA21 scores, state assessments, district assessments, grades, class participation and attendance are monitored by the EL building designee. Students showing limited progress are evaluated to determine if program modifications or changes are needed. Students who have exited the program are monitored for two years after they reach Proficient as determined by the state to ensure their continued academic progress toward meeting standards. The monitoring of exited students occurs at the building site with the building designee overseeing the process. If the student shows a lack of progress, the student is assessed to determine the appropriate program to meet their individual needs. This may include additional assistance in the classroom, tutoring, Title I, LAP or other support programs. Students may also be referred to the Multi-Disciplinary Team or General Education Intervention Team for special program assessment after implementing and monitoring interventions.

• Monitoring spreadsheets will be completed January and May/June. Buildings will mark the appropriate box for each student in program (ELs and Native Americans) showing what type of services and/or support were provided during each semester.

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6 Revised August 2020

Academic Achievement ESSA Title III, Language Instruction for Limited English Proficient and Immigrant Students Under Title III of the Elementary and Secondary Education Act, funds are made available to school districts for the implementation of instructional programs and activities for limited English proficient (LEP), Native American and/or immigrant students. The main purpose of Title III programs and activities is to help ensure that children and youth who are limited English proficient, Native American and/or immigrants:

• Attain English language proficiency • Develop high levels of academic attainment in English • Meet the same state academic standards that all children are expected to meet

Student Assessment Students identified for the EL program are given the English Language Proficiency Assessment for the 21st Century, ELPA21, annually, which assesses reading, writing, listening and speaking. This assessment determines growth in the level of English language proficiency and individual student gains. When the student achieves the Proficient status, they no longer qualify for the EL program.

Participation in State Assessments: All EL students must participate in all state required assessments scheduled for their grades regardless of the number of years they have been in the U.S. The only exception is non-English speaking students who are in their first year of enrollment in U.S. schools. These students are not required to participate in the state English Language Arts tests. Information about the state-required assessments can be found at the following website: http://www.k12.wa.us/assessment/default.aspx.

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EL Program Services Elementary K-5 At the elementary level, the building ELA OR EL Coach is the building EL designee. The building ELA OR EL Coach who is trained in EL methodologies is responsible for the planning and implementation of EL support services provided at all elementary buildings. Eligible EL students are placed in the general education classroom using criteria described in the EL Support Guide. The students are supported according to their level and needs on a daily/weekly basis for English Language Development instruction. Newcomer students in grades 1 through 5 are typically pulled out for 30-45 minutes a day. In most cases, EL students are served in the regular classroom. The classroom teacher or the building EL designee plan the instruction, which may be supported by an EL para-educator and monitored by the building EL designee. The Guided Language Acquisition Design (GLAD) model is implemented by trained teachers in the general education classrooms. When a student achieves a Proficient status as determined by the state on the annual ELPA21 and exits the EL program, they are monitored by the EL building designee for 2 years and are provided academic support as needed. Middle School - Grades 6-8 At the middle school level, the EL teacher is the building EL designee. The EL teachers provide rigorous education for EL students by linking core curriculum and language objectives with all instruction. This model is available at all district middle schools to all students who qualify for EL services. The EL middle school model description is explained in Form C1. Support at the middle school level is determined using criteria described in the EL Support Guide. EL Middle School Course Descriptions are outlined in Form C2. When a student achieves Proficiency as determined by the state on the ELPA21 and transitions from the EL program, they are monitored by the EL building designee for 2 years and are provided academic support as needed. High School-Grades 9-12 At the high school level, the EL teacher is the building EL designee. The EL teacher is responsible for providing the services to the EL students at each of the high schools. Students are placed in EL classes based on their overall English proficiency with consideration to literacy skills. Support at the high school level is determined using criteria described in the EL Support Guide. The high school EL classes include: Newcomer, English Acquisition, Transitional English, Composition and Literature, and Advanced Composition and Literature as outlined in forms C3 and C4. Every effort is made to place students in general education classes such as math, science and the electives. Students that need additional support in content classes may be placed in scaffolded versions of US History, World History, Algebra I, Geometry, and/ or Biology. When a student achieves Proficiency as determined by the state on the ELPA21 and transitions from the EL program, they are monitored by the EL building designee for 2 years and are provided academic support as needed.

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8 Revised August 2020

Other Services Bilingual Interpreters The Everett Public Schools contracts with the Refugee and Immigrant Services Northwest and B&L for interpreters and translation services. The interpreters make parent contact regarding student progress and assist in school issues such as parent conferences and parent meetings. The building EL designee of each school is responsible for requesting interpreters.

Tutors Primary language tutors may be requested to assist EL students in academic classes. The following students may qualify for a native language tutor for one hour, one day per week for an entire school year: • Any EL student that registers in EPS prior to April 1st, has been in the country for less than

12 months at time of registration, and qualifies for the EL Program at the Emerging level. o For students that register after April 1st, their tutoring will begin the following school year.

• EL students in need of academic intervention may be provided a tutor at the discretion of the Director of Categorical Programs and an EL Facilitator.

• For languages where a primary language tutor is not available, the EL department will pay a building para-educator to be a tutor. o Prior approval is required from the Director of Categorical Programs and an EL

Facilitator. • Attendance for the middle and high school tutoring sessions must be documented and

submitted to the EL Administrative Assistant on a regular basis. To schedule tutoring for students the EL designee must submit the following information to the EL Administrative Assistant using a Google Form: Elementary Middle or High School 1. Student name 2. Primary language 3. District ID 4. Grade 5. US School Entry Date 6. Several possible tutoring days/times (in

one-hour blocks) • Avoid requests for the beginning of the

day so that sessions can be cancelled if the student is absent

7. Contact person in the school to: • Support the tutor with identifying a

location • Provide materials and resources • Contact the agency and EL

Administrative Assist if the student is absent as soon as possible so the session can be cancelled

1. Student name 2. Primary Language 3. District ID 4. Grade 5. US School Entry Date 6. Several possible tutoring days/times

• Note: Tutoring must begin at the end of the school day, it cannot be done during the school day, as that would be considered supplanting by the state

7. Contact person in the school to: • Support the tutor initially and as needed

throughout the year • Contact the agency and EL Administrative

Assist if the student is absent as soon as possible so the session can be cancelled

8. Transportation Options: • Provided by the family • HS students- ORCA card/ MS students- EPS

bus/van PLEASE NOTE: If a middle or high school student fails to show up twice for tutoring without prior notice, tutoring and transportation will be canceled indefinitely. Use this link to access the Google Form to request a tutor: Native Language Tutor Request 2020-2021

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9 Revised August 2020

Staffing Categorical Programs Director • Oversees the development of the district program • Completes and submits the end of year report to OSPI • Maintains lists of in program and exited EL students, updated monthly • Provides staff development for teachers and para-educators • Monitors district and building programs, reviewed monthly • Assists in the development of building plans • Evaluates the effectiveness of the district plan and makes modifications • Assists in the identification of appropriate instructional materials

EL Facilitators • Provide GLAD and SIOP training at the district level • Provide staff development on GLAD strategies, Status of Language Acquisition, English

Language Development Standards, etc. • Provide on-going professional development through GLAD and SIOP follow up sessions • Provide professional development and support EL para-educators • Provide opportunities to align instructional materials with district requirements to help ensure

consistency in EL programs between buildings • Coach and/or model lessons • Support middle and high school EL teachers and high school scaffolded teachers • Support elementary classroom teachers, ELA Coaches, and EL Coaches • Facilitate CAST/Review of Evidence days for MS and HS EL teachers to analyze, reflect,

and act on current student data • Analyze state EL data and create strategies for district improvement • Coordinate training for ELPA21 screener and annual testing • Assess EL students’ receptive and expressive language development • Provide additional information about a student’s level of proficiency by completing Like

Peer Analyses • Work with building intervention teams to help place EL students appropriately, using the

Intervention Process for English Learners and the Critical Data Matrix • Complete Foreign Transcripts and accreditation for foreign students • Collaborate with HS registrars, counselors, and success coordinators to ensure EL students

graduate on-time • Collaborate with counselors to ensure EL students understand their Post-Graduation options • Coordinate information on EL MS/HS course descriptions, class placement, and grading • Support the writing of federal and state grants • Organize summer school for elementary, middle, and high school students • Communicate information about the EL program with Elementary EL designees and EL

para-educators • Support and manage Imagine Language & Literacy

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10 Revised August 2020

EL Building Designee The ELA OR EL Coach at the elementary level and the EL teacher at the middle and high school levels are the building EL designees who are certificated and/or trained in EL methodologies. The building EL designee: • Oversees the development and implementation of the building program (Form G) • Enters and exits students in the program monthly • Monitors progress of currently enrolled and exited EL students twice a year (Form G-1) • Notifies parents concerning student placement • Maintains student records and files • Facilitates the identification, assessment and reporting of scores for students eligible to be

screened for the EL program o NOTE: At the High School level, this the responsibility of the Success Coordinator

EL Para Educators Duties under the direction of EL building designee include: • Work with individual students and/ or small groups of students • Support classroom instruction using GLAD strategies • Administer EL assessments • Help students' master equipment or instructional materials assigned by the teacher • Assist peer tutors and parent volunteers • Assist with the maintenance of EL files • Oversee students using the Imagine Language & Literacy (IL&L) and/ or Language Live EL Success Coordinators EL Success Coordinators at each high school act as advocates for the English learners in the school. A full description of the duties of the role can be found in DocuShare. Teaching Staff Teaching staff may include ELA Coaches, EL Coaches, EL teachers and general education classroom teachers. Duties of certificated staff include:

• Plan and implement the instructional program • Integrate GLAD strategies across the curriculum • Communicate with EL parents as needed • Communicate with other staff who work with EL students • Conduct appropriate assessments

Staff Training Staff development is provided by the district EL Department to disseminate information related to rules, regulations, program design, building level roles and responsibilities, assessment, and instructional strategies. In order to meet the needs of the English Learners, staff development is provided in the areas of:

• Language acquisition • Effective instructional models/strategies • Cultural competence • Parent involvement • Required assessments

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11 Revised August 2020

Parent Communication and Participation Parent communication begins as the student enters the district. School office managers, registrars and/or Success Coordinators assist parents in completing the enrollment forms and providing translated documents, when available. The building EL designee continues the communication by notifying parents of the student’s initial placement or continued eligibility for the EL Program. No later than 30 days after the beginning of the school year or within two weeks of placement if the student qualifies for language support services during the school year the EL Designees sends the Parent Notification of Student Placement (Form B-1, B-2) home in the native language, as available. Parents are also notified when students transition out of the program (Form E). Ongoing communication of student progress or concerns is the primary responsibility of the general education classroom teacher with the support of the building EL designee. Parents are contacted for conferences and school sponsored activities by interpreters, as needed. Parents are encouraged to become involved in school activities. The building EL designee, EL Facilitators, EL Coaches and other staff meet with parent groups to gain input.

District Program Evaluation The district program is evaluated using data collected from several sources, including assessment scores and student academic success in English and other content areas. Data from student assessment includes scores in listening, speaking, reading and writing to determine student gains in acquiring the English language. The primary objective of the program is development of English language acquisition. This data influences changes and modifications of the EL program. Test scores from district assessments are used to determine the rate at which EL students are attaining the district/state academic standard. Grades, retention rate, dropout rate and graduation are used as further indicators of student success. EL student data is compared with students who have exited from the EL program and students from the general population. The expectation is that students who have exited the EL program perform similar to their non-EL peers. This information is used in determining program success and areas, which need to be strengthened. Procedures of identification and placement of students are evaluated for effectiveness. This is accomplished by a yearly monitoring of randomly selected student files for appropriate forms and appropriate student placement in classes. As a result of these evaluations, any necessary modifications or changes in the procedures are recommended.

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Identification of Native American Students for Title III Background: During the 2011-2012 school year, the Migrant and Bilingual Office of OSPI changed the parameters regarding inclusion of Native American students in Title III. The Title III program provides federal funding for migrant and English learner students. Under the new parameters, if a Native American student is identified as struggling academically and at risk of not meeting standard, we are required to administer the ELPA21 screener to determine whether the student qualifies to be included under Title III. Students qualify if they score as Emerging or Progressing on the ELPA21 screener. If the student qualifies for Title III, s/he will then take the annual ELPA21 until s/he scores “Proficient” and exits. Qualifying Native American students will not be identified as English learners or qualify for EL services. The only exception is if a Native American student speaks a language other than English at home. Native American students who are struggling academically are eligible to receive interventions and support available to other students. With this change in requirements, Title III funding may now be used to provide tutoring, extended day or other academic support to qualifying Native American students. The district will receive funding based on Native American students identified for Title III; these funds will help us develop additional resources to provide support for Native American students. Process and Timeline for students in Grades K -12:

• Early November: Categorical Programs will send out a list of Native American students as identified in eSchool to each school. The spreadsheet will be color coded to assist in next steps.

o Green highlight: Students have already been identified and have been given the WELPA or ELPA21 screener. No action needed.

o Red highlight: Student data must be reviewed to see if they need to be given the ELPA21 screener.

• Mid-November: o Determine if the red highlighted Native American students are at, above or

below standard in reading and math by using current assessment data. This could include SBA scores, DRA2 levels, iReady data, end of course, end of unit assessments, etc. There is no need to administer any new or special assessments. Use whatever assessment data is readily available. Reference the spreadsheet as it may have relevant data that will be helpful in this process.

o Complete the Native American ID Template. Type in the names of Native American students who you have identified as BELOW standard in EITHER Reading or Math in section 1. If a Native American student is at or above standard in both reading and math, DO NOT list them on the template. Send the completed template showing all Native American’s BELOW standard in Reading and/ or Math electronically to the EL Administrative Assistant for your level in Categorical Programs.

o Identify and include any Native American students who are NOT on the initial list sent by Categorical Programs. Follow the same process as outlined above (i.e. if the student is below standard, include them in section 1 on the template, ELPA21 screener needed).

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o Submit the template to Categorical Programs. o Categorical Programs will send a letter to the families of students identified as

below standard informing them of this process, and that their child will be assessed on the ELPA21 screener.

o Categorical Programs will email you a template with the date that each parent letter was sent.

o Parents will complete the permission slip giving or denying permission to assess the student and return it to the school.

• End of November: o Compile the list of returned permission slips. Check off whether the parent gave

or denied permission to test on the spreadsheet. o Call or email any parents who have not returned the permission slip. Check off

whether the parent gave or denied permission orally or through email on the spreadsheet. Print and save the email with the other documentation as described below.

o If you cannot contact the parent, document on the Native American spreadsheet the date that you attempted to make contact. You do not need to make more than one attempt to call or email.

• December: o Give the ELPA21 screener to the identified students. o Once the assessments are complete, add the ELPA21 date, domain levels and

overall status to the Native American ID Template. Then resubmit to Categorical Programs.

o For each student who qualifies, send a completed intake form and a copy of the score report to Categorical Programs. Copies of the initial parent letter, ELPA21 screener score report and the final parent letter must be placed in the student’s CUM folder in a manner in which is readily identifiable by a non-EL staff person (i.e. NA folder or stapled and flagged).

o Categorical Programs will notify families of their child’s ELPA21 screener results by sending the final Native American Parent letter.

• January: o You will receive a monitoring spreadsheet from Categorical Programs. This

spreadsheet will include Native American students that are continuing in program from previous years or newly identified.

o February/March: o Each Native American who is qualified for the program will be tested on the

ELPA21 annual. • June:

o You will receive a monitoring spreadsheet from Categorical Programs. This spreadsheet will include all of your Native American’s in program.

**All Native American students who qualify under Title III based on the ELPA21 screener will participate in the annual ELPA21 during February/March. These students will participate in the annual ELPA21 each year until they reach Proficient Status and exit the program.

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14 Revised August 2020

Records Destruction Process 1. Review the Records Management Manual. 2. Inventory each record by age. 3. Determine which records qualify for destruction. 4. Prepare a Records Destruction Authorization form. These forms can be obtained from

Business Services. 5. Send the form to the EL Administrative Assistant in Categorical Programs. 6. When the approved copy of the Records Destruction Authorization form is returned, the

records may be destroyed. Do not destroy records prior to receiving signed authorization. 7. Sign and date the Records Destruction Authorization form on the witnessed by line. 8. Retain the completed, signed Records Destruction Authorization form at the school.

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General Education Intervention Process For English Learners (ELs) of Concern

Student Intervention Team Every school in the Everett School District has an instructional support team. While these teams differ in title, their purpose is to focus on supporting the general education teacher in the development and implementation of classroom and instructional supports and interventions for students experiencing academic, social-behavior, or other challenges. When working with EL students, the building EL designee becomes an important member of the team. The team is comprised of general education teachers, the building EL designee and others needed to create an action plan, monitor its progress, and evaluate the impact of the intervention on student learning in the general education setting. The team reviews current interventions and data and works to ensure that all potential factors that might be related to the child’s learning difficulties have been thoroughly evaluated and ruled out as the “primary” cause of the observed learning problems. The team will follow the four steps of the district’s Intervention Process for English Language Learners, which may include completing the Critical Data Matrix for EL Students of Concern.

Intervention Process for English Learner Documents: • 4-Step Process for English Learners • Guidelines for SOLOM • Critical Data Matrix for ELs of Concern • EL Parent Interview Please note: You will need to be signed into DocuShare to view these documents. General Considerations for Referring an EL for Special Education (Washington State Transitional Bilingual Instruction Program Guidelines 2009) 1 The term “English Learner” (EL) is used to avoid the negative connotation of “Limited English Proficient” (LEP). However, LEP is still used by the government and in law. A. When is it appropriate to pursue an EL referral to Special Education? When the answer to each of the questions below is YES, then it may be appropriate to consider a referral to Special Education, provided no other alternatives seem viable. Answering YES to all of the questions below does not necessarily mean that the EL has a disability. 1. Has the EL district coordinator or designee been contacted and has there been collaboration

among the classroom teacher, EL staff, and other support programs to discuss options? • It is recommended that the EL designee be the contact for all possible referrals (or one

certified EL staff person in a building, rather than paraprofessionals) • Have a clear plan to provide immediate support to teachers through consultation, etc.

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2. Does your school have a clear referral process in place that considers all relevant factors? • Create a process with a multi-disciplinary team: Special Ed staff, content and/or grade-

level teacher, administrator, EL staff. • Get approval for the process and communicate it often to all staff. • Avoid an overwhelmingly complex process, if the majority of referrals are based on

simple misinformation. 3. Has the EL been given adequate time to develop English language skills to rule out language,

culture, and the acculturation process as the primary causes of the concern? • Consider the student’s English language level as well as the time in an EL program. • How well has the student mastered the Basic Interpersonal Communication Skills (BICS)

and Cognitive Academic Language Proficient Skills (CALPS)? • How long has the student been in the country? • What opportunities does the student have to practice English outside of school?

4. Have modifications of instruction and other appropriate interventions, such as those provided within a response to intervention model, been attempted and the EL has been unsuccessful in demonstrating growth?

5. Has the EL’s classroom teacher received training in effective strategies for working with ELs? • Both Title III and the TBIP programs require districts to provide professional

development in order to build capacity of all teachers working with ELs. 18 State Transitional Bilingual Instruction Program Guidelines

6. Has a peer analysis been done, indicating that the EL student is indeed exhibiting atypical performance compared to his/her EL peer group? • The EL district coordinator or designee is responsible for conducting the peer analysis.

For comparison purposes, the ideal peer group for an EL being considered for Special Education would be other ELs who:

o Are from the same language background o Entered the United States at the same age o Have the same grade of entry into school in the United States o Have been eligible ELs for the same length of time

• The peer comparison can examine WELPA scores, Washington state-level assessment scores, and other assessments that would provide a means of determining if the performance of the EL in question is significantly different from the performance of the peer group.

B. If the answer is “Yes” to all of the above; then what are the next steps? If an EL student is referred for a special education evaluation, the special education evaluation group (school psychologist, related services specialists, special education teacher, English language development teacher, student’s general education teachers, school administrator, parents, and student, if appropriate) must:

• Rule out the child’s English language skills as a determinant factor, so that the child is not identified as having a disability due to cultural factors, environmental or economic disadvantage, or limited English language skills.

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English Language Learners (ELs) and Special Education Determinate Factor

WAC 392-172A-03040 (2)(A) A student must not be determined to be eligible for special education services if the DETERMINATE factor is:

1. Lack of appropriate instruction in reading, based on the state’s grade level standards; 2. Lack of appropriate instruction in math, or 3. Limited English proficiency

In interpreting evaluation data for the PURPOSE of determining eligibility for special education services, each school district MUST draw upon information from a variety of sources…

1. Materials and procedures used to assess an EL child are selected and administered to ensure that they measure the extent to which the child has a disability and needs special education rather than measure the child’s English language skills.

2. Even when it is not feasible to provide and administer tests in the child’s native language, the school must obtain and consider accurate and reliable information and document interventions and results that enable the agency to make an informed decision as to: a. Whether the child has a disability; and

b. Demonstrates an adverse educational impact; and c. Is in need of specially designed instruction. 3. Schools must provide a trained interpreter at all meetings if parents cannot communicate

effectively in English. 4. Prior Written Notice must be provided to parents within a reasonable time before

proposing or refusing to initiate or change the identification, evaluation, educational placement or the provision of FAPE.

• The Prior Written Notice must be provided in the parent’(s) native language or other mode of communication unless it is clearly not feasible to do so. If translated orally, have the parents sign their name on the PWN stating they understand the content of the notice.

Evaluation/Re-evaluation Procedures:

• The results of academic and behavioral interventions obtained at the general education and pre-referral status are important pieces of information to include in evaluation reports.

• Standardized tests of achievement often contain items that rely on language processing and production. Screen all standardized instruments for cultural-linguistic bias.

• Review test administrative options for accommodating language and cultural issues on tests.

• Compare students’ performance to like-peers identified through your EL specialist.

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Cautions: • Many ELs who have been instructed primarily in English may not have academic

content knowledge in their first language. So an assessment in the ELs first language may not provide an adequate picture of the child’s cognitive capabilities.

• At the same time, an EL who has only had a few years of instruction in English may not demonstrate his or her full cognitive capabilities on an English assessment either.

Use of Interpreters/Translators in the Evaluation Process:

• Ethical/professional considerations: The Interpreter/ Translator must be able to maintain the same level of professional conduct expected of all team members, including requirements for confidentiality and neutrality, collaboration, and interpersonal communication. The Interpreter/ Translator role is different from that of an advocate.

• Cultural competencies: The Interpreter/ Translator should understand the culture of the child and family well enough to explain cross-cultural variables, identify subgroups within the culture, and anticipate acceptable and expected conventions for behavior and interactions.

• Linguistic competencies: The Interpreter/ Translator should be able to read, write, understand, and converse proficiently in both English and the language of the family. S/he must be familiar enough with both languages to say things in different ways, understand idioms, adjust to colloquial and formal usage, and use the terminology of the evaluation.

Summary Analysis of Evaluation Data: Summary Analysis WAC 392-172-152 Summary analysis of evaluation data (1) The student’s multidisciplinary team shall analyze the reports of evaluation data provided in WAC 293-172-108 and any other available data in each of the areas evaluated. From these reports a written summary analysis shall be prepared. The conclusions and recommendations resulting in the eligibility decision pursuant to WAC 392-172-154 and contained in the summary analysis shall:

a. Identify the existence of a disability which requires provision of special education and related serves

b. Reconcile any inconsistent or contradictory information that appears in the evaluation data

c. Relate the apparent significance, as appropriate, of such factors as test measurement error or cultural, environmental, and behavior factors related to the evaluation process.

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The summary analysis must include information related to: • To whom the EL student is being compared. • Background language history. • Informal language observation: How the student communicates socially and

academically. • The impact of language, culture, environmental and economic factors on student learning. • How standardized instruments were altered, if appropriate. • Use of translations of English tests. Include reference to validity and reliability. • Cross validation of information from home that supports findings from formal measures.

IEP Development for Dually Qualified Students: For dually qualified students, the following should be included in the student’s IEP. To ensure that the total educational needs of a student qualifying for both special education and EL services are addressed, the EL building designee and IEP coordinator collaborate on program service needs and options by which they may be met. Inclusion of Diverse Issues on the IEP The IEP states in the Present Levels of Performance, that the EL student continues to qualify for EL services based on scores obtained from the ELPA21 or WIDA Alternate Access and the recommendation of the EL designee and will continue to receive facilitation of acculturation and support in the development of his/her English language skills from the EL department.

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EL Forms and Documents Available in DocuShare: Form A-1 Enrollment Form Form A-2 Home Language Survey Form Form B Intake Form Form B-1 Notification of English Language Dev. Program Placement Form B-2 Elementary EL Support Guide Form B-2 6-12 EL Support Guide Form B-3 Request for Program Withdrawal (Refusal of Services) Form C Learning Options Form C1 Grading EL Middle School Students Form C2 EL Middle School Course Descriptions Form C3 Grading EL High School Students Form C4 EL Courses for High School Form D EL Checklist Form E EL Transition Letter Form Form F EL Class Enrollment Form Form G EL Monthly Enrollment Changes Form H EL Missing Documentation File Note

Other Resources: • English Language Proficiency Standards • Office of Civil Rights (OCR) Program Guidelines • Translated Vocabulary and Phrases • Glossary of Education Terms in: Somali, Vietnamese, Spanish and Russian • Interpreter and Translation in EPS

Intervention Process for English Language Learner Documents: • 4-Step Process for English Learners • Guidelines for SOLOM • Critical Data Matrix for ELs of Concern • EL Parent Interview Please note: You will need to be signed into DocuShare to view these documents.

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Revision Log Date Revisions October 23, 2018 • Links to EL Support Guides were added

• Updates to the native language tutor section • Link to the EL Missing Documentation File Note added • Revised language in the Special Education section

September 2019 • Added records destruction information and links • Updated Native Language Tutor link

August 2020 • Revised EL Facilitator Role to combine with previous EL Coach role • Added notes regarding the required sign in to view Critical Data Matrix documents • Added a link to interpreter folder in DocuShare