Inclusion of English Learners with Disabilities in English Language Proficiency Assessment.

The office of Elementary and Secondary Education (OESE) and the Office of Special Education and Rehabilitative Services (OSERS), in July released guidance to States and LEA’s regarding inclusion of English Learners with Disabilities in English Language Proficiency Assessments. To read the full document……….

For parents of EL’s with disabilities, two important questions regarding the role of the IEP team were included in the question and answer guidance document to States and LEA’s.

The Role of the IEP Team

What is the responsibility of the IEP Team in determining how ELs with disabilities participate in the annual State ELP assessment?

Decisions about the content of a student’s IEP, including whether a student must take a regular State assessment (in this case, the ELP assessment), with or without appropriate accommodations, or an alternate assessment in lieu of the regular ELP assessment, must be made by the student's IEP Team. These decisions cannot be made unilaterally by a single teacher or other school employee outside of the IEP process described in 34 CFR §§300.320 through 300.324.

The IEP Team is responsible for developing the IEP for each student with a disability, including each EL with a disability, at an IEP Team meeting which includes school officials and the child’s parents.

(i)     A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments consistent with section 612(a)(16) of the Act; and

Should IEP Teams for ELs with disabilities include persons with expertise in second language acquisition?

Yes. It is important that IEP Teams for ELs with disabilities include persons with expertise in second language acquisition and other professionals, such as speech-language pathologists, who understand how to differentiate between limited English proficiency and a disability. The participation of these individuals on the IEP Team is essential in order to develop appropriate academic and functional goals for the child and provide specially designed instruction and the necessary related services to meet these goals.

It is important that IEP Teams for ELs with disabilities include a public agency representative who is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of ELs with disabilities. This representative should be knowledgeable about the availability of agency resources needed to enable ELs with disabilities to meaningfully access the general education curriculum. This will ensure that the services included in the EL student’s IEP are appropriate for the student and can actually be provided.

Source:  Questions and Answers Regarding Inclusion of English Learners with Disabilities in English Language Proficiency Assessments – Guidance to Sates and LEA’s- Office of Elementary and Secondary Education and Office of Special Education and Rehabilitative Services ; July 2014.