1342.12 Companion

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1342.12 Companion
July 12, 2017 Page 135
extent to which a student may have a disability and not the student’s English language skills.
Establishing language dominance cannot be done solely in the context of the school environment.
Information critical to determining the dominant language comes from the parents and the student.
The acquisition of a second language does not develop evenly. A student may be more proficient in
some aspects of his/her first or native language and in other aspects of the second language. As an
example, a child may have a larger vocabulary in the second language but a stronger grasp of grammar
in the first language. It is critical that the language proficiency level be determined. If the student is
considered “fully proficient,” it is still important to collect information regarding the student’s rate of
English language acquisition compared to his/her peers.
When students identified as limited English proficient experience academic difficulties, concerns
regarding the nature of those difficulties, their relationship to the first language, and the level of English
proficiency are critical. Language dominance and proficiency must address all four modalities: reading,
writing, speaking, and listening. Documentation of the status of all languages is important for three
primary reasons:
1. To establish the absence or presence of a primary learning impairment in the first language.
2. To determine the level of English proficiency.
3. To determine the language(s) of assessment, should the CSC decide assessment is necessary.
Eligibility for Special Education Services
Eligibility for special education services is based on the following four considerations:
1. Evidence that the disability exists in the student’s first language as well as in English and across a
variety of settings.
2. Formal and informal assessment data indicates the learning problem is NOT due primarily to
cultural differences or factors related to learning English as a second language. This statement
must be documented in the special education eligibility report. To determine whether an ELL is
eligible for special education, consideration of his or her English language development should
be through interdisciplinary collaboration. Input from the ESL teacher or other personnel with
expertise in the second language acquisition process at the eligibility meeting is strongly
recommended. This interdisciplinary collaboration will help determine the extent of the need
for both ESL and special education services.
3. The student meets other criteria used to determine eligibility for special education and related
services required b E4, S7 p 30-31.
4. If the ELL is found not eligible for special education services, the in-school problem-solving team
may continue to serve as a resource and to provide support to both the student and his or her
teachers as needed.
IEP Development
When the student is determined eligible for special education services and is also
enrolled in the ESL program, there are several program development factors to consider.
It is important to develop the IEP for the least restrictive environment. This implies that
the special education teacher and ESL teacher responsible for providing services
collaborate and coordinate together so the student is not pulled from the content
classroom an excessive amount of time and that the content and instructional strategies are
complementary. Since the language and placement needs of ELLs with disabilities vary widely, it is
important for the CSC to consider a range of options in which the student can receive appropriate