IDEA 2004

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IDEA 2004

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Title: IDEA 2004

1
IDEA 2004 2006 Regulations and the Special
Education Processfor Students with Limited
English Proficiency

PA Training and Technical Assistance Network

2
Agenda

Background Information
ESL in Pennsylvania
IDEA 2004 Part A General Provisions
IDEA 2004 Part B 2006 Regulations
Evaluation / IEP Process

3
I. Background Information

Who are students with LEP?
What is required for students with LEP in PA?
Considerations for Second Language Acquisition
IDEA 2004 Part A General Provisions

4
Who are Students with LEP Limited English
Proficiency?

An individual
(A) who is aged 3-21
(B) Who is enrolled or preparing to enroll in an
elementary or secondary school
(C)(i) who was not born in the United States or
whose native language is other than English

(C)(ii)(I) who is a Native American or Alaska
Native, or a native resident of the outlying
areas and
(II) who comes from an environment where a
language other than English has had a significant
impact on the individuals level of English
language proficiency or
(iii) who is migratory, whose native language is
a language other than English, and who comes from
an environment where a language other than
English is dominant and

5
Who are Students with LEP Limited English
Proficiency?

(D) Whose difficulties in speaking, reading,
writing, or understanding the English language
may be sufficient to deny the individual-
(i) the ability to meet the States proficient
level of achievement on State assessments
described in section 111(b)(3)
(ii) the ability to successfully achieve in
classrooms where the language of instruction is
English or
(iii) the opportunity to participate fully in
society.

6
What is required for students with LEP in PA?

Identify upon entering school through a process
Home Language Survey
Language Proficiency Assessment
Provide ESL or Bilingual Program of instruction

7
What is required for students with LEP in PA?

Every school district shall provide a program
for each student whose dominant language is not
English for the purpose of facilitating the
student's achievement of English proficiency and
the academic standards under section 4.12
(relating to academic standards). Programs under
this section shall include appropriate
bilingual-bicultural or English as a second
language (ESL) instruction.
(Chapter 4.26 of the PA School Code)

8
What is required for students with LEP in PA?

Students who are English language learners may be
eligible for special education services once it
has been determined that the disability exists
and this disability is not solely due to lack of
instruction or proficiency in the English
language.
All English language learners eligible for
special education services must continue
receiving ESL instruction at the appropriate
proficiency and developmental level.
(PA Basic Education Circular 7/1/2001 Educating
Students With Limited English Proficiency and
English Language Learners)

9
Considerations for Second Language Acquisition.

Basic Interpersonal Communication Skills (BICS)
Cognitive Academic Language Proficiency (CALP)
Acculturation Process

10
Considerations for Second Language Acquisition.

BICS Basic Interpersonal Communication Skills
Oral communication skills.
Takes approximately 1-2 years to acquire BICS.
ESL classes daily for oral communication, and
reading and writing support are recommended.
Second language acquisition must be taught.
ALL staff must have expertise in teaching ESL.
Do not assume that if the student speaks
English he/she can be assessed in English.

11
Considerations for Second Language Acquisition.

CALP Cognitive Academic Language Proficiency
Literacy skills of the students with LEP need to
be academically at the same level as his/her
English speaking peers.
It takes approximately 5-7 years to acquire CALP.
ESL services for reading and writing support are
recommended.

12
Considerations for Second Language Acquisition.

Acculturation Process
Our goal is to educate bicultural students who
can function
effectively in two cultures.
It takes years to function effectively in two
cultures
Schools must teach expectations of students and
parents.
Schools must see and respect cultural
differences, and teach expected behaviors.
We are educating students to compete in a global
economy.
Teach valuing diversity through Modeling respect
by and for everyone.
Working effectively with other cultures is
something you learn how to do. All school
personnel must receive staff development to help
them improve their skills as individuals and
professionals.

13
IDEA 2004 Part A General Provisions

Section 601 (c) FINDINGS
Section 602 DEFINITIONS
Section

14
IDEA 2004 Part A 601 (c)

FINDINGS
(10) (A) The Federal Government must be
responsive to the growing needs of an
increasingly diverse society.
(B) In 2000, 1 of every 3 persons in the United
States was a member of a minority group or was
limited English proficient.
(C) Minority children comprise an increasing
percentage of public school students.
(D) With such changing demographics, recruitment
efforts for special education personnel should
focus on increasing the participation of
minorities in the teaching profession in order to
provide appropriate role models with sufficient
knowledge to address the special education needs
of these students.

15
IDEA 2004 Part A 601 (c)

FINDINGS
(11)(A) The limited English proficient population
is the fastest growing in our Nation

16
IDEA 2004 Part A 601 (c)

FINDINGS
(11)(B) Studies have documented apparent
discrepancies in the levels of referral and
placement of limited English proficient children
in special education.
(C) Such discrepancies pose a special challenge
for special education in the referral of,
assessment of, and provision of services for, our
Nation's students from non- English language
backgrounds.
(18) Limited English proficient.--The term
limited English proficient' has the meaning
given the term in section 9101 of the Elementary
and Secondary Education Act of 1965.

17
IDEA 2004 Part A 602

DEFINITIONS (3)
Child with a disability, and 2006 Regulations -
Section 300.8 (c)(9)
(A) The term child with a disability means a
child
(i) with mental retardation, learning
impairments (including deafness), speech or
language impairments, visual impairments
(including blindness), serious emotional
disturbance, orthopedic impairments, autism,
traumatic brain injury, other health impairments,
or specific learning disabilities and,
(ii) Who, by reason thereof, needs special
education and related services.

18
IDEA 2004 Part B and 2006 Regulations

Evaluation/IEP Process

19
Understanding Citations

IDEA 2004 Citations 601 etc.
IDEA 2006 Federal Regulations Citations 300._ _
_

20
IDEA 2004 - Part B 614

Evaluations, Eligibility Determinations,
Individualized Education Programs, and
Educational Placements.

21
IDEA 2004 - Part B 614

(a) Evaluations, Parental Consent, and
Reevaluations
(1)(C) Procedures
(i) In General.Such initial evaluation shall
consist of procedures
(I) To determine whether a child is a child
with a disability
(II) to determine the educational needs of such
child.

22
IDEA 2004 - Part B 614

(b) Evaluation Procedures
Notice.--The local educational agency shall
provide notice to the parents of a child with a
disability, in accordance with subsections
(b)(3), (b)(4), and (c) of section 615
(Procedural Safeguards), that describes any
evaluation procedures such agency proposes to
conduct.

23
IDEA 2004 - Part B 615

(b) Procedural Safeguards
TYPES OF PROCEDURES
(3) Written prior notice to the parents of the
child whenever the local educational agency
(A) proposes to initiate or change or
(B) refuses to initiate or change, the
identification, evaluation, or educational
placement of the child, or the provision of free
appropriate public education to the child.
(4) - Procedures designed to ensure that the
notice required (above) is in the native language
of the parents, unless it clearly is not feasible
to do so.
(c) NOTIFICATION REQUIREMENTS

24
IDEA 2004 - Part B 615

(d) Procedural Safeguards Notice
(1)(A) A copy of the procedural safeguards
available to parents of a child with a disability
shall be given only 1 time per year and
(i) upon initial referral or parental request
for evaluation
(ii) upon the first occurrence of the filing of
a complaint.
(2) Contents The procedural safeguards notice
shall include a full explanation of the
procedural safeguards, written in the native
language of the parents (unless it clearly is not
feasible to do so) and written in an easily
understandable manner

25
IDEA 2004 - Part B 614 (b) (2)

Conduct of evaluation
(A) use a variety of assessment tools and
strategies to gather relevant
functional, developmental, and academic
information, including information provided by
the parent, that may assist in determining
(i) whether the child is a child with a
disability and
(ii) the content of the child's individualized
education program, including information
related to enabling the child to be involved in
and progress in the general education curriculum

26
IDEA 2004 Part B 614 (b)(2)

Conduct of evaluation, cont.
In conducting the evaluation, the local
educational agency shall--
(B) not use any single measure or assessment as
the sole criterion for determining whether a
child is a child with a disability or determining
an appropriate educational program for the child
and
(C) use technically sound instruments that may
assess the relative contribution of cognitive and
behavioral factors, in addition to physical or
developmental factors.

27
IDEA 2004 Part B 614 (b) (3)

Additional Requirements
(A) Assessments and other evaluation materials
(i) are selected and administered so as not to
be discriminatory on a racial or cultural basis
(ii) are provided and administered in the
language and form most likely to yield accurate
Information on what the child knows and can do
academically, developmentally, and functionally,
unless it is not feasible to so provide or
administer.

28
2006 Regulations 300.304 (c)

Additional Requirements of Evaluations
Assessments and other evaluation materials are
provided and administered in the childs native
language or other mode of communication and in
the form most likely to yield accurate
information, unless clearly not feasible

29
IDEA 2004 Part B 614 (b) (3)

Additional Requirements
(A) Assessments and other evaluation materials
(iii) Are used for purposes for which the
assessments or measures are valid and reliable
(iv) Are administered by trained and
knowledgeable personnel and
(v) Are administered in accordance with any
instructions provided by the producer of such
assessments

30
PA Basic Education Circular

While the Department values the opportunity to
provide special education services and programs,
school districts should be particularly sensitive
to factors of language and culture when
identifying and assessing students whose cultural
background is significantly different.
For students with language and cultural
differences, the Department believes that
reliance on IQ test data will rarely - if ever -
be appropriate and lawful with regard to
determining special education eligibility.
(BEC 7/1/1999 Evaluation of Students Who Are
Culturally and Linguistically Diverse)

31
IDEA 2004 Part B 614 (b) (4)

Determination of eligibility.
(A) The determination of whether the child is a
child with a disability as defined in section
602(3) and the educational needs of the child
shall be made by a team of qualified
professionals and the parent of the child in
accordance with paragraph (5)
.

32
IDEA 2004 Part B 614 (b) (5)

Special Rule for Eligibility Determination.
(4)a child shall not be determined to be a child
with a disability if the determinant factor for
such determination is
Lack of appropriate instruction in reading,
including in the essential components of reading
instruction (as defined in section 1208(3) of the
Elementary and Secondary Education Act of 1965)
Lack of instruction I math or
Limited English proficiency.

33
IDEA 2004 Part B 614 (b) (6)

Specific Learning Disabilities
(A) In General. when determining whether a
child has a specific learning disability as
defined in section 602 (Definitions), a local
educational agency shall not be required to take
into consideration whether a child has a severe
discrepancy between achievement and intellectual
ability in oral expression, listening
comprehension, written expression, basic reading
skill, reading comprehension, mathematical
calculation or mathematical reasoning.
(B) Additional Authority.In determining whether
a child has a specific learning disability, a
local educational agency may use a process that
determines if the child responds to scientific,
research-based intervention as a part of the
evaluation procedures described in paragraphs (2)
and (3) (Notice and Conduct).

34
2006 Regulations 300.309(a)

Specific Learning Disabilities
The group may determine the child has a learning
disability if the child does not achieve
adequately to meet State-approved grade-level
standards in one or more of the following areas
Oral Expression
Listening comprehension
Written Expression
Basic Reading Skill
Reading Fluency Skills (new category)
Reading Comprehension
Mathematics Calculation
Mathematics Problem Solving (name change from
Mathematics Reasoning)

35
2006 Regulations 300.309(a)

Specific Learning Disabilities
The group may determine that the child has a
learning disability if
the child does not make sufficient progress to
meet age or State-approved grade-level standards
despite the use of a process based on their
response to scientific, research-based
intervention or
the child exhibits a pattern of strengths and
weaknesses in performance, achievement or both
relative to age, State-approved grade-level
standards or intellectual development, that is
determined by the group to be relevant to the
identification of a specific learning disability,
using appropriate assessments

36
2006 Regulations 300.309(a)

Specific Learning Disabilities
The group may determine that the child has a
learning disability if
the group determines that the findings are not a
result of
Visual, hearing, motor disability
Mental Retardation
Emotional Disturbance
Cultural Factors
Environmental or economic disadvantage
Limited English Proficiency

37
2006 Regulations 300.309(b)

Specific Learning Disabilities
To ensure the lack of achievement is not due to
lack of appropriate instruction in reading and
math, the group must consider
Data demonstrating that prior to referral the
child was provided appropriate instruction in
regular education delivered by qualified
personnel
Data based documentation of repeated assessments
of achievement at reasonable intervals,
reflecting progress during instruction which was
provided to the parents

38
2006 Regulations 300.309(c) and 300.310(b)

Specific Learning Disabilities
The public agency must promptly request parental
consent to evaluate
If prior to referral, a child has not made
adequate progress after an appropriate period of
time when provided instruction, and
Whenever a child is referred for an evaluation
Observations the group must use information
from an observation in routine classroom
instruction and monitoring of the childs
performance that was done before the child was
referred for an evaluation

39
2006 Regulations 300.311(a)

Specific Learning Disabilities
Documentation
For a child suspected of having a SLD,
documentation must contain a statement of
whether
the child does not achieve adequately for the
childs age or to meet State-approved grade-level
standards AND
the child does not make sufficient progress to
meet them OR
the child exhibits a pattern of weaknesses in
performance, achievement or both relative to age,
standards or intellectual development
Determination of group concerning the effects of
Limited English Proficiency

40
IDEA 2004 Part B 614 (d)(1) (B)

Individualized Education Program Team
In general IEP team means a group of
individuals composed of
(i) the parents of a child with a disability
(ii) not less than 1 regular education teacher of
such child (if participating in regular
education)
(iii) not less than 1 special education teacher,
or where appropriate, not less than 1 special
education provider of such child

41
IDEA 2004 Part B 614 (d)(1)(B)

Individualized Education Program Team
(iv) a representative of the local education
agency who
(I) is qualified to provide, or supervise the
provision of, specially designed instruction to
meet the unique needs of children with
disabilities
(II) is knowledgeable about the general
education curriculum and,
(III) is knowledgeable about the availability of
resources of the local educational agency

42
IDEA 2004 Part B 614 (d)(1)(B)

Individualized Education Program Team, cont.
(v) an individual who can interpret the
instructional implications of evaluation results,
who may be a member of the team described in
clauses (ii) through (iv)
(vi) others at the discretion of the parents who
may provide insight.
(vii) whenever appropriate, the child with a
disability.

43
IDEA 2004 Part B 614 (d)(1)(C)

IEP Team Attendance
If IEP team members area of expertise is not
being discussed/modified, the team member need
not attend if parent and LEA agree in writing
If an IEP team member's area of expertise is
being discussed/modified, IEP team member may be
excused if parent and LEA agree in writing and if
members written input submitted to parents prior
to the meeting

44
2006 Regulations 300.321(e)

Excusal from attendance applies only to
Regular education teacher,
Special education teacher,
District representative and
Other individual who can interpret implication of
evaluation results

45
IDEA 2004 Part B 614 (d)(1)(A)

Individualized Educational Program
(i) In general IEP means a written statement
for each child with a disability that is
developed, reviewed, and revised, and includes
(I) a statement of the childs present levels
of academic achievement and functional
performance, including
(aa) how the childs disability affects
the childs involvement and progress in the
general education curriculum

46
IDEA 2004 Part B 614 (d)(1)(A)

Individualized Educational Program, cont.
(II) a statement of measurable annual goals,
including academic and functional goals, designed
to-
(aa) meet the childs needs that result from
the childs disability to enable the child to be
involved in and make progress in the general
curriculum and
(bb) meet each of the childs other
educational needs that result from the childs
disability.

47
IDEA 2004 Part B 614 (d)(1)(A)

Individualized Educational Program, cont.
(III) a description of how the childs progress
toward meeting the annual goals will be measured
and reported.
(IV) a statement of the special education and
related services and supplementary aid and
services based on peer-reviewed researchand a
statement of program modifications or supports
for school personnel that will be provided for
the child
(aa) to advance appropriately toward
attaining the annual goals
(bb) to be involved and make progress in
the general education curriculum

48
2006 Regulations 300.324(e)

Individualized Education Program
Changes to IEP after development
Parent and LEA may agree not to convene an IEP
meeting and may develop a written document to
amend current IEP
Changes to the IEP do not require a redrafting
the entire IEP. However, upon request, parent is
provided with a revised copy of the IEP with the
amendments incorporated.
If changes are made to the IEP, the public agency
must ensure that the childs IEP team is informed
of those changes

49
2006 Regulations 300.300(b)

Initial Placements
The public agency must make reasonable efforts to
obtain informed consent to provide services
Effect on Agency Obligations If parent refuses
the receipt of special education or related
services or fails to respond
LEA not in violation for not providing FAPE
LEA not required to convene IEP meeting or
develop IEP

50
Summary Areas Pertaining to students with LEP