1. ACSA Every Child Counts
SYMPOSIUM
Meeting the Needs of ELs with
Disabilities
Jarice Butterfield, Ph. D. / Santa Barbara County
SELPA Director and Jonathan Read Esq. F3
Website: SBCSELPA.org
1

2. What the Research says…..
Research
demonstrates that English language
learners with the least amount of language
support are most likely to be referred to special
education
ELLs
receiving all of their instruction in English
were almost 3X as likely to be in special
education as those receiving some native
language support
Artiles & Ortiz 2002
2

3. Presentation Topics
Referral of ELs to Special Education
Assessment of English Learners for Special
Education
Linguistically Appropriate IEPs
Best Practices for Teaching ELs with Disabilities
Reclassification to RFEP of English Learners
Questions and Answers
3

4. New SBAC
Assessment and
California EL
Standards
4
4

5. New SBAC Assessment
System and ELS
Supports Relevant to ELS
Universal
tools for all (spell check, ruler,
etc.)
“Desiginated
Supports” includes ELs
5
5

6. New California 2013 EL Standards
 Provides opportunities for ELs to access, engage
with, and achieve in grade-level academic content
while they are learning English
 Use in tandem with the Common Core State
Standards and not in isolation
 Are organized by grade level except at high
school
 Provide three proficiency levels instead of five
6

7. New California ELD Standards
Philosophy
 Language acquisition is treated as a nonlinear linguistic and social process
 Set expectations for students to interact in a
variety of meaningful ways
 Focused on the structure and organization
of English and meaning is made
7

8. New ELD Standards Language
Domains
Three modes of communication
1) Collaborative (engagement in dialogue with
others),
Interpretive (comprehension and analysis of
written and spoken texts), and
1)
Productive (creation of oral presentations
and written texts).
1)
8

9. New CA ELD Standards Cont’d.
Proficiency Category Descriptors in each
Domain:
I. Collaborative
1)Emerging
listening, speaking, reading and writing
1)Expanding
listening, speaking, reading and writing
1)Bridging
listening, speaking, reading and writing
9

10. New CA ELD Standards Cont’d.
Proficiency Category Descriptors in each
Domain:
II. Interpretive
1)Emerging
listening, speaking, reading and writing
1)Expanding
listening, speaking, reading and writing
1)Bridging
listening, speaking, reading and writing
10

11. New CA ELD Standards Cont’d.
Proficiency Category Descriptors in each
Domain:
III. Productive
1)Emerging
listening, speaking, reading and writing
1)Expanding
listening, speaking, reading and writing
1)Bridging
listening, speaking, reading and writing
11

12. Level 1 Description
Emerging
Students typically progress very quickly,
learning to use English for immediate needs as
well as beginning to understand and use
academic vocabulary and structures
o Overall Proficiency
o Early Stages
o Exit Stages
1)
12

13. Level 2 Description
Expanding
Students are challenged to increase their
English skills in more contexts, and learn a
greater variety of vocabulary and linguistic
structures, applying their growing
language skills in more sophisticated ways
appropriate to their age and grade level
o Overall Proficiency
o Early Stages
o Exit Stages
2)
13

14. Level 3 Description
Bridging level
Students continue to learn and apply a range
of high‐level English language skills in a
wide variety of contexts, including
comprehension and production of highly
technical texts.
o Overall Proficiency
o Early Stages
o Exit Stages
3)
14

15. NOTE: there will be an English
Learner, ELD Standards and Common
Core module available soon
15

16. Referrals to Special
Education and
Assessment
16

17. Categories of EL Students Who
Experience Academic Difficulties
1)
Those with deficiencies in their teaching or
learning environment; lack of effective ELD
instruction and support
1)
Those experiencing academic difficulties not
related to a learning disability; interrupted
schooling, limited formal education, medical
problems, low attendance, high transiency, etc.
1)
True ELs with disabilities and in need of
Special Education
17

18. Pre Referral Steps for ELs
Step 1: School Environment
Determine if there is appropriate curriculum &
instruction for ELs being implemented
Step 2: Pre referral intervention or RtI
Determine if pre referral interventions have
been implemented and documented over time
Step 3: Referral to Special Education
Assess in native language & English and other
best practices for bilingual assessment to rule out
language difference
versus disability
18

19. School Environment
Provide ELD instruction with fidelity!
1) Continue ELD instruction until student
reaches a level 4 and possibly through
level 5
1) A separate, daily block of time should be
devoted to ELD instruction
1) ELD should emphasize listening &
speaking, and emerging research says
reading & writing
Saunders & Marcelleti, 2013
19

20. School Environment Cont’d.
4) ELD instruction should explicitly teach
linguistic elements of English (vocabulary,
syntax, grammar, functions, and
conventions)
4) ELD should integrate meaning and
communication via explicit, direct
teaching of language (academic &
conversational)
6) ELD instruction should include interactive
activities among students that are carefully
planned and carried out
20

21. School Environment Cont’d.
7) Provide students corrective feedback on form
7) Use of English during ELD instruction should
be maximized with native language
strategically incorporated
7) ELD instruction should include
communication and language-learning
strategies
7) ELD instruction should be planned and
delivered with specific language objectives
in mind
Saunders & Marcelleti, 2013
21

22. Best Practices for Preventing Over
Identification of ELs for SPED
 Screen for reading or other academic problems
and monitor progress early & provide intensive,
small group reading instruction
 Provide extensive & varied vocabulary instruction
 Develop academic and conversational English by
providing daily ELD services with fidelity
 Schedule regular, peer-assisted learning
opportunities
Gersten, 2007
22

23. California Ed Code Requirements for
Identification & Assessment of
English Learners for Special Education
Assessment materials and procedures used for the
purposes of assessment and placement of individuals
with exceptional needs are selected and
administered so as not to be racially, culturally, or
sexually discriminatory.
Pursuant to Section 141(a) (6)(B) of Title 20 of the
United State Code, the materials and procedures
shall be provided in the pupil’s native language or
mode of communication, unless it is clearly not
feasible to do so
EC 56320(a) & 56001(j)
23

24. California Ed Code Requirements for
Identification & Assessment of
English Learners for Special Education
Cont’d.
(b) Tests and other assessment materials meet all of the
following requirements: Are provided and
administered in the language and form most likely to
yield accurate information on what the pupil knows
and can do academically, developmentally, and
functionally, unless it is not feasible to so provide
or administered required by 1414(b)(3)(A)(ii) of Title
20 of United States Code
EC 56320(b)(1)
24

25. Identification & Assessment
Requirements for ELs
Assessments shall be administered by qualified
personnel who are competent in both the oral or sign
language skills and written skills of the individual’s
primary language or mode of communication and
have a knowledge and understanding of the cultural
and ethnic background of the pupil. If it clearly is not
feasible to do so, an interpreter must be used, and
the assessment report shall document this condition
and note that the validity may have been affected.
CCR Title 5: 3023
A variety of assessment tools and strategies will be
used to gather relevant functional and developmental
information, including information provided by the
parent.
EC 56320
25

26. Identification & Assessment
Requirements for ELs
It is best practice to use the following four
sources
of information in order to address all sociocultural factors related to ELs:
1)Norm-referenced assessments in English and native
language (if native language assessments are
available),
to include non-verbal assessments (cross-battery
preferred)
2) Criterion-referenced tests
3) Systematic observation in educational environments
4) Structured interviews (with student, parent, teachers,
etc.)
26

27. Assessment of ELs Best Practices
1st Best Option – Engage in the following:
1) Administer cross cultural, non-discriminatory full
or partial bilingual assessment in native language
and English using bilingual assessors using
evidence-based practices
2) Use of structured interviews with parents and staff
3) Engage in observation of student in varied
environments
4) Collect data from curriculum based assessment
measures
2nd Best Option – Engage in the following:
1) If there is no assessor available in the native
language; engage in steps # 2-4 above and,
2) Using an interpreter, administer the assessment in
the native language under the supervision of
school licensed assessors – document limitations
in assessment report
27

28. Assessment of ELs Best
Practices Cont’d.
3rd Option – Engage in the following:
1) If there is no assessor available in the native
language; engage in steps # 2-4 on previous
slide and,
2) If there are no assessment tools available in the
native language, use an interpreter who speaks
the native language to provide an oral
translation of assessments normed and written
in English – document limitations in assessment
report
Worse Case Scenario Option – Engage in the
following:
1) If there is no assessment tool or interpreter
available in the native language engage in #2-4
on previous slide and,
2) Assess in non-verbal areas of cognition and
28

29. Assessment of ELs
Why Assess in the Student’s Primary
Language?
It
provides comparative data to the IEP team about
how the student performs in the primary language
versus English.
The
assessor can determine if similar error patterns
are seen in both the primary language and English
(listening, speaking, reading or writing) in order to
discern if the students is having academic difficulty
due to a language difference or a disability.
Many
students acquire BICS level English speaking
skills and are stronger in English academics but think
at a CALPs level in their “native language”.
29

30. Developing
Linguistically
Appropriate IEPS
30

31. IEP Development for ELs
Also, as per EC 56345 the regulations state:
“For individuals whose native language is other than
English, linguistically appropriate goals, objectives,
programs, and services” shall be included in the
IEP contents”
Note: This does not require placement in a specific classroom
31

32. IEPs for ELs Content Checklist
 The results of CELDT or alternative assessment
in order to document English language
proficiency and develop linguistically
appropriate goals
 If the student requires accommodations or
modifications on CELDT
 How English language development (ELD)
needs will be met and who will provide those
services “programs, services, and instruction”
 If the student needs primary language support
and what language should be the language of
instruction
 Linguistically appropriate goals to meet English
language development needs
EC Section 60810; CCR Chapter 3 subchapter 1(t)(2); EC 311(c)
CFR Section CFR 300.324
See J. Butterfield’s IEP Team Checklist
32

33. Documenting Programs, Services
& Instruction on IEP
Programs:
Indicate on IEP what type of EL program
the student will be in such as SEI, ELM, or alternate
program (see upcoming slide for details)
Services:
Indicate on the IEP if the student needs
primary language support or other services to be
successful
Instruction:
Indicate where the instruction will take
place (SPED classroom, general education, etc.) and if
the instruction will be in English or primary language
(see EC 311 part 2)
33

34. Linguistically Appropriate (ELD)
Goals
Linguistically appropriate goals should:
 Align to the student’s present levels of
performance in English (taken from CELDT or
alternate assessment)
 Be drafted in the student’s areas of disability
Note: This may be accomplished through
alignment of the student’s academic goals in
ELA (listening, speaking, reading, or writing as
relevant to the student’s English proficiency
level
(as per CELDT level)
34

35. Sample Linguistically Appropriate
Goal





Domain:
Strand:
Sub Strand:
Level:
Grade:
Writing
Strategies & Applications
Organization & Focus
Intermediate
6-8
Goal: By (date) , (student) will develop a clear
purpose in a short essay (two to three paragraphs)
by appropriately using the rhetorical devices of
quotations and facts with 90% accuracy on 3
consecutive trials as demonstrated by a written
response to a prompt.

36. Best Practices for
Teaching ELs with
Disabilities
36

37. Need for Systematic ELD
The Common Core and other content standards
assume native English proficiency
 Systematic ELD provides a time for
 English learners to learn and practice language they
need in order to navigate rigorous content
instruction and a myriad of adult and peer
interactions, such as discussions and collaborative
work.
 Systematic ELD challenges students to explore
language in compelling and playful ways,
continually growing their ability to use English
flexibly, fluently, and accurately – to have agency
over their own language use. Ultimately, the goal of
Systematic ELD is for English to be a bridge to
academic success rather than a barrier
Susana Dutro,2013

37

38. Systematic ELD Research
Critical research-based features of Systematic ELD
instruction:
Puts language learning and exploration …. in the
foreground
Groups students by assessed proficiency level as
determined by multiple sources
Uses a functional language approach organized
around essential purposes for communication.
Language tasks are highly applicable to real world and
academic interactions …..
Provides an organized method of language
instruction to help prevent gaps and fill existing gaps
in language knowledge that can hinder students’
achievement……
Is explicitly taught, emphasizing oral language
development through structured, purposeful interaction
EL Achieve Susana Dutro 2013
38

39. Critical Steps to Planning Services
for ELs Cont’d.
What we do know:
ELs
learn best when learning activities that build on
their home language and culture
ELs
need explicit instruction in “academic” as well as
“conversational” English
EL
learning occurs best in an education context
a. Rich in language input (varied vocabulary)
b. With multiple forms of literacy
c. With various types of organizational structures
(Cooperative, Dyad, and Individual)
With
multiple forms of instructional strategies
(Interactive, Socratic and Lecture)
39

40. Essential - Teach New Vocabulary
Best practice ways to teach new
academic vocabulary
Teach pronunciation of words
Explain vs. Define
Provide Real Examples
Deepen Understanding through
Authentic Activities
Review with Student (provide
coaching)
Kate Kinsella 2012
40
40

41. Programs & Services for ELs in
SPED
Placement Requirements for English
Learners:
English learners are placed in the instructional setting
which can best address their individual language
acquisition needs and help them learn English.
1)All pupils are placed in English-language programs
unless a parental exception waiver has been granted for
an alternative program.
2)Based on LEA criteria of reasonable fluency, English
learners are placed in structured English immersion
(SEI) or in English-language mainstream (ELM) program
settings. English learners who do not meet the LEA
criteria for participation in an ELM are placed in an ELM
program if the parent or guardian so requests (parent
may waive SEI).
41

42. SDAIE 3 Areas of Support
Strategies
Linguistic
Support
Graphic Support Kinesthetic/Vis
ual Support
Key vocabulary
definitions
Use of charts
Modeling and
demonstration of
procedures
Modify verbal
input/speech (shorter
phrases; slower; pauses)
Use of tables
Use of gestures/facial
expressions
Use of Repetition &
rephrasing
Use of graphs
Use of real objects,
photographs, or multimedia/videos
Provide opportunities
for Interaction
Use of word walls
Use of manipulatives
Use variety of input
materials (songs, poetry,
etc.)
Use of semantic webs
Use of diagrams or
models
42

43. ELD Programs & Services in California
Program Delivery
Programs
SEI
•Structured English Immersion
(most intensive ELD
instruction)
•For students with “less than
Reasonable Fluency” or
scoring at beginning or early
intermediate on CELDT
Program Components
•Intensive English Language
Development (ELD) aligned to ELD
goals and students’ CELDT levels
•May be pull out or a group within the
general education class
•For students with an IEP the IEP team
determines the appropriate
instructional setting for the student to
receive ELD as well as the staff
responsible (EL or SPED).
•Classroom instruction is
primarily in English
•Intensive ELD support is
provided daily
•SDAIE is provided via
class
•Primary language (L1)
support is provided
ELM
•English Language
Mainstream (less intensive)
•For students with “Reasonable
Fluency”
Scoring Intermediate or above
on CELDT
•Less intensive English Language
Development (ELD) aligned to ELD
goals and students’ CELDT levels
•For students with an IEP the IEP team
determines the appropriate
instructional setting for the student to
receive ELD as well as the staff
responsible (EL or SPED).
•Classroom instruction is
primarily in English
•Daily ELD instruction is
usually provided in the
context of the regular
classroom
SDAIE is provided via
class
•Primary language (L1)
support is provided
•Alternative Programs
(Bilingual Programs)
•The IEP team also determines the
extent to which primary language
support/instruction is needed.
•Classroom instruction is
in primary language (L1)
•Academic instruction in
English (SDAIE) via
class
43

44. ELD Programs & Services
for ELs in SPED
Ways SEI “Systematic ELD” services may
be provided to ELs With IEPS:

Targeted ELD instructional groups held within the
context of a classroom taught by a special educator

Instruction in a general education classroom during a
portion of the day when English language
development (ELD) instruction is provided by a
general education teacher or staff

In a collaborative model where special educators
team with the general education staff to provide EL
services
44

45. The CDE
Reclassification
Guidelines &
Reclassification of
ELs in SPED
45

46. CDE Reclassification Guidelines
46

47. 1. Assessment of Language Proficiency
Using an Objective Assessment Instrument
CELDT is used as the primary criterion for
the “objective assessment”. Students should
Be considered for reclassification whose
Overall proficiency level is early advanced
or higher and:
Listening is intermediate/higher
Speaking is intermediate/higher
Reading is intermediate/higher
Writing is intermediate/higher
47

48. 1. Assessment of Language Proficiency
Using an Objective Assessment
Instrument Cont’d.
Personal Communication with the CDE CELDT & SPED Division
11-30-11
The CDE’s 2012-2013 CELDT Information
48

49. 2. Teacher Evaluation
Sample Criteria Used by Special and
General Education Teachers:




Curriculum based measures (CBM)
Progress towards IEP goals
Observations with peers in class
Classwork and homework samples
Note: if incurred deficits in motivation and
academic success *unrelated to English language
proficiency do not preclude a student from
Reclassification
A disability may be a factor that contributes to low
Academic achievement and is unrelated to “English
Language proficiency”
The CDE’s 2012-2013 CELDT Information
49

50. 3. Parent Opinion and
Consultation
Provide notice to parents or guardians of
their rights and encourage them to
participate in the reclassification process
Provide an opportunity for a face-to-face
meeting with parents or guardians
Seek alternate ways to get parent input if
face to face contact is not possible
Seek information from parent about student
performance in English at home and in
community

51. 4. Performance in Basic Skills
Definitions:
“Performance
in basic skills” means the score and/or
performance level resulting from a recent administration
of an objective assessment of basic skills in English,
such as the California English-Language Arts Standards
Test (CST for ELA) and the California Modified
Assessment for ELA (CMA for ELA)
“Range of Performance” means range of scores on the
assessment of basic skills in English that corresponds to
a performance level or a range within a performance
level
“Students of the same age” refers to students who are
enrolled in the same grade as the student who is being
considered for reclassification
51

52. 4. Comparison of Performance In
Basic Skills for Students with
Moderate to Severe Disabilities
Cont’d. - What to do in 2014-2015??
LEAs/districts may determine the assessment to
be used for the “comparison of performance
in basic skills” (See EC sections 56342 and
56345[b].)”
52

53. 4. Comparison of Performance In
Basic Skills Cont’d.
As per the CDE’s 2011-2012 CELDT Information
Guide pg. 12:
“For students scoring below the cut point (e.g.,
the CST or CMA ELA), the LEAs should attempt to
determine whether factors other than English
language proficiency are responsible for low
performance on the test of basic skills and whether
or it is reasonable to
reclassify the student.”
53

54. QUESTIONS & ANSWERS
54

55. Q&A
1) May the parent opt a student out of taking
CELDT?
Answer: No, A parent may not opt a student out of
taking CELDT.
55

56. Q&A
2)
If a student is EL and in special education,
are they required by law to have an ELD
class?
Answer: No, a student does not have to be placed in an
“
ELD class”; however, the student must receive
appropriate EL instruction and services. How those
services will be provided should be addressed in the
IEP. They may be provided in a special or regular
education setting as long as they are appropriate to the
student’s level of EL needs, are provided by
qualified staff, and will help the student progress
towards their linguistically appropriate goals and
56
objectives.

57. Q&A
3)
Is reclassification to RFEP the responsibility
of the IEP team for EL students in special
education?
Answer: Each LEA must establish policies and
procedures to designate which staff or the team
members are responsible for reclassification of EL
students. It might very well be most appropriate for
the IEP team to make reclassification decisions for
ELs with disabilities as long as an professional with
second language acquisition (EL) expertise
participates on the IEP team.
Remember: It is best practice for EL and SPED staff to work
collaboratively to make reclassification decisions for students
with and IEP regardless of whether or it is the IEP team or not
57

58. Q&A
4)
May the IEP team designate a CELDT test
variation that is not listed in the Title 5
Guidelines Section 11516 or 11516.5?
Answer: Yes; however, the district must submit a
request for review of the proposed variations in
administering the test
Title 5 Regulations Section 11510; The CDE’s 2012-2013 CELDT Information Guide
58

59. Q&A
If a student participates in CELDT with test
variations, accommodations, or modifications
will they “pass”?
5)
Answer: Yes; however, if the student takes alternate
assessments for sections of the CELDT, they will get
the lowest obtainable score of LOS for the sections of
the test in which they took alternate assessments
Title 5 Regulations Section 11510; The CDE’s 2012-2013 CELDT Information Guide
59

60. Q&A
Are districts required to assess an English
learner with moderate to severe disabilities in
their primary language in order to qualify
them for special education?
6)
Answer: The regulations state you must assess in the
Native Language unless it is “clearly not feasible to do
so”. Based on the severity and type of disability or
lack of assessment materials in the native language, it
may not be feasible to assess in the native language.
assessors should refer to the regulations and
determine the type of assessments that
are most appropriate.
60

61. Q&A
7)
What is the recommended or required
amount of time an English learner must
receive pre referral interventions before
making a referral for special education?
Answer: It is best practice for English learners to
Receive high quality, research-based interventions
over a period oftime long enough to determine the
following:
a.
Is the student struggling academically due to a
disability or language difference?
b.
Can the student’s academic needs be met through
general education intervention (RtI) versus special
61
education?

62. Q&A
8)
May the parent waive the requirement for
a Student to be assessed for special
education in their primary Language?
Answer: There is no specific provision for a parent
to
waive assessment in the primary language. A parent
may decline assessment in part or in whole;
however,
the assessors determine the language for the
assessments to be administered in.
62

63. Q&A
9)
May a school EL reclassification team use
“alternative criteria” to reclassify a student
who is EL to RFEP?
Answer: No, there is no provision that allows an LEA to
use “alternative reclassification criteria”. LEAs must
follow the LEA’s policies and procedures for
reclassification based on the four criteria established
by the State Board of Education (SBE). However,
within the four established reclassification criteria
the SBE have recommended flexibility in the way the
way teams apply the guidelines that may be relevant
to students with disabilities.

64. Q&A
10)
May a school classify a student that has
severe disabilities and is non-verbal as FEP
upon entry?
Answer: No, there is no provision that allows an LEA to
use “alternative criteria” to classify a student as FEP
upon entry if it is deemed the student may be an EL
based on the home language survey. The LEA must
attempt to give the student the CELDT (or an
alternative if it is deemed the CELDT will not yield
valid information). Or, if the student takes CELDT,
and it is deemed the scores are invalid, the LEA may
use their discretion and use other data to determine
the likelihood of the student being proficient in
English and designate the student accordingly.
5 CCR § 11303
Personal communication with the CDE SPED and CELDT Divn. 11-30-11
64

65. Q&A
11)May
a school designate a student who uses
American Sign Language (ASL) as FEP even
though they are EL based on the home language
survey?
Answer: For purposes of taking CELDT, although ASL is
considered a language separate from English, students
who use ASL in and of itself, are not required to take the
CELDT; however, if the HSL survey indicates that a
language other than English (and ASL) is spoken in the
home based on the first three questions or possibly 4th,
the student should take CELDT or alternate assessment
to determine proficiency in English.
A student who uses ASL as their primary language in the above
scenario may be identified as EL.
Based on personal communication with the CDE SPED & CELDT
Divn. 11-30-11; 5 CCR § 11303
65

66. Q&A
12)For
the fourth reclassification criteria
“comparison of performance in basic skills”,
may the reclassification team use data from the
CAPA assessment since the student does not
take CST or CMA?
Answer: Yes. The LEA may utilize to determine the
student’s “comparison of performance in basic skills”
at a their functional level.
See The 2012-2013 CDE CELDT Information Guide pg. 20
66

67. Q&A
13) May the parent opt a student out of taking
CELDT?
Answer: No, A parent may not opt a student out of
taking CELDT.
67

68. Q&A
14)
If a student is EL and in SPED, are they
required by law to have an ELD class?
Answer: No, a student does not have to be placed in an
“ELD class”; however, the student must receive
appropriate EL instruction and services (SEI and
ELM). How those services will be provided should
be addressed in the IEP. They may be provided in a
special or regular education setting as long as they
meet the student’s level of EL needs, are provided
by qualified staff, and will help the student progress
towards their linguistically appropriate goals and
objectives.
68

69. Q&A
15)
Is reclassification to RFEP the responsibility
of the IEP team for EL students in special
education?
Answer: Each LEA must establish policies and
procedures to designate which staff or the team
members are responsible for reclassification of EL
students. It might very well be most appropriate for
the IEP team to make reclassification decisions for
ELs with disabilities as long as an professional with
second language acquisition (EL) expertise
participates on the IEP team.
Remember: It is best practice for English learner and special
education staff members to work together collaboratively to
make reclassification decisions for students with disabilities
regardless of whether or not the IEP team makes this decision.
69

70. Q&A
16)
May the IEP team designate a CELDT test
variation that is not listed in the Title 5
Guidelines Section 11516 or 11516.5?
Answer: Yes; however, the district must submit a
request for review of the proposed variation(s) in
administering the test.
Title 5 Regulations Section 11510; The CDE’s 2012-2013 CELDT Information
Guide
70

71. Q&A
17)
May the parent waive that the student to be
assessed to determine eligibility for special
education in their “native” Language?
Answer: There is no specific provision for a parent to
waive assessment in the primary language. A parent
may decline assessment in part or in whole; however,
the
assessors determine the language for the assessments to
be administered in.
71

72. Q&A
18)
May a school EL reclassification team use
“alternative criteria” to reclassify a student
who is EL to RFEP?
Answer: No, there is no provision that allows an LEA
to use “alternative reclassification criteria”. LEAs
must follow the LEA’s policies and procedures for
reclassification based on the four criteria
established by the State Board of Education (SBE).
However, within the four established
reclassification criteria the SBE have
recommended flexibility in the way the way teams
apply the guidelines that may be relevant to
students with disabilities.

73. Q&A
May a school designate a student who uses
American Sign Language (ASL) as FEP even
though they are EL based on the home language
survey?
19)
Answer: For purposes of CELDT, although ASL is
considered a 2nd language, students who use ASL in and
of itself, are not required to take the CELDT; however, if
the HSL survey indicates that a language other than
English (and ASL) is spoken in the home based on the
first three questions or possibly 4th, the student should
take CELDT or alternate assessment to determine
proficiency in English.
A student who uses ASL as their primary language in the above
scenario may be identified as EL.
Based on personal communication with the CDE SPED & CELDT
Divn. 11-30-11; 5 CCR § 11303
73

74. Q&A
20)For
the fourth reclassification
criteria“comparison of performance in basic
skills”, may the reclassification team use data
from the CAPA assessment if the IEP team has
designated that they take CAPA?
Answer: Yes. The LEA may utilize CAPA to determine
the student’s “comparison of performance in basic
skills” at a their functional level.
The CDE CELDT Information Guide 2012-2013.
74

75. Q&A
21)Do
ELs that are in post secondary programs
(past age 18 have to take CELDT or the
Alternative?
Answer: No. Students in grades K-12 take CELDT.
The IEP team would still need to write a linguistically
appropriate IEP if the team believes the student is an
English learner.

76. CDE Resources and Guidance
1)
The CDE 2012-2013 CELDT Information
Guide & 2013-2014 coming soon
http://www.cde.ca.gov/ta/tg/el/resources.asp
2) 1999 ELD Standards that align to CELDT at this
http://www.cde.ca.gov/be/st/ss/
3)2013 new EL Standards as per AB124
http://www.cde.ca.gov/sp/el/er/eldstandards.asp
4) 2013 CDE State Board Adopted EL Materials
http://www.cde.ca.gov/ci/rl/im/
76