Topic Areas: English Learners with Disabilities, Individualized Education Programs: Development/Review/Revision, Personnel Qualifications
Policy Letter: November 15, 2021 to Boals
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UNI T
ED STATES DEPAR TM ENT OF EDUC ATI ON
OF F IC E OF S P EC IAL EDUC ATION AND R EHAB ILITATIVE S ER VIC ES
OF F IC E OF S P EC IAL EDUC ATION P R OGR AMS
DIR EC TOR
November 15, 20 21 OSEP Policy Letter 21-0
3
Timothy
Boals, PhD
Founder a nd Director
WIDA
1
025 West J ohnson Street, MD#23
Madison, W isconsin 537 0
6-1706
Dea r Dr. Bo als:
This l e
tter is in response t o your co rrespo ndence t o former Secretary Bet sy D eVos. In your lett er,
y
ou seek written g uidance an d clarific ation from t h e U.S. D epartme n t of Education ( Departm ent)
on is sues a f
fecting En glish learners w ith disabilities. Y ou referred to r esearch r eleased in 2018
that indicated th at English learners with the most signi ficant cognitive d isabilities are not always
receiving t he su
pports t h ey need t o be succ essful. Y ou r letter a lso states t h at you routin ely hear
f
rom ed u
cators a roun d the c ountry t hat they lack the ne ce ssary guidance to provi d e bot h
la
nguage d evelopment and d isability services for th eir Eng
lish le arners with disabilities. Y ou ask
two specific que stion
s, w hich w e ad dress be low.
We note t h
at section 607(d) of t h e IDEA pr o hibits t h e Secretary of t h e Departm ent from i s suing
policy le tters or other s tatements th at establish a r ule that is required for c ompliance with, and
eligibility u nder, the Individuals w ith Disabilities Ed ucation Ac
t (I DEA ) without following t he
r
ulemaking r equirements o f
section 553 of t he Administrative Procedure Act. T h erefore, bas ed
o
n the r equirements of I DEA section 60 7(e), th is resp o nse is pr o vided a s in formal guidan c e an d
is not l egally bindin g
. It r e p resents a n interpretation by the Departm ent of the require ments of
IDEA in the c o
ntext of th e sp ecific f acts presented a n d do es not e s ta blish a pol i cy or r u le th at
would apply in all c ircumstances. Other t h
an statut ory and r eg ulatory req uirements in clud ed i n
the doc u
ment, su ch as th ose pur suant to the a u thorizi n g statute a n d other a pp licab le laws a nd
r
e g
ulations, t he co ntents of t h is docum ent do not ha ve th e fo rce a n d effe c t of law a n d are not
m
eant t o
bind the publ ic in any way. T h is docu men t is int ended o nly to provi de cl arity to the
p u
blic r egarding e xi sting r equirements under t he law or a g ency polici es. In additio n , it d oe s not
c
reate or c onfer any rig
hts fo r or on any pe rso n.
In 2017-1 8
, 680 ,601 s tude nts, a g es 6-2 1, se rved under P a rt B of IDEA , were English l earners,
which r epresents 11.31 p e
rcent of a ll students with dis abilities served under IDEA Pa rt B (U.S.
Department of E d
ucation, E DFacts D ata Warehou se, “IDEA P art B Ch ild Count a n d Educational
400 MAR
YLAND AVE. S . W. , WAS HINGTON, DC 20202- 2800
www.
ed. gov
The Department of Education’s mission is to promote student achievement and preparation for global com
petitiveness
by fos tering educational excellence and ensuring equal access.
Environments Collection,” 2018-19). Data on students with disabilities exiting IDEA Part B
reported under IDEA Section 618 demonstrates that more English learners with disabilities drop
out and f ewer English learners with disabilities graduate f rom high school compared with all
students with disabilities (U.S. Department of Education, EDFac ts Data Warehouse, “IDEA Part
B Exiting Collection ,” 2017 -18). The Department is dedicated to improving results for children
with disabilities , including English learners with disabilities , and works closely with State
educational agencies (SEAs), our technical assistance investments, and research centers to
support improved outcomes f or English learners with disabilities.
The specific questions you ask in your correspondence are addressed below.
Questio n 1: Does IDEA require language development goals be included in a student’s
individualized education program (IEP) if that student is an English learner? Educators are not
always clear on whether language development goals, including a student’s English language
proficiency level scores, can be document ed in an IEP.
Response : Under IDEA, the IEP Team must consider a number of special factors in developing,
reviewing, or revising a child’s IEP. See 34 C.F.R. § 300.324(a)(2) and (b)(2). Specifically,
under 34 C.F.R. § 300.324(a)(2)(ii), the IEP Team must “ [i]n the case of a child with limited
English proficiency, consider the language needs of the child as those needs relate to the child’s
IEP.”
Section 300.320(a)(2)(i) requires that each IEP include a statement of measurable annual goals,
including academ ic and f unctional goals designed to (a) meet the child’s needs that result f rom
the child’s disability to enable the child to be involved in and make progress in the general
education curriculum; and (b) meet each of the child’s other educational needs that result f rom
the child’s disability. In addition, f or children with the most signif icant cognitive disabilities who
take alternate assessments aligned to alternate academic achievement standards, the IEP must
include a description of benchmarks or short -term objectives. 34 C.F.R. § 300.320(a)(2)(ii).
It is important to clarif y that IDEA does not specify what types of annual goals must be included
in a child’s IEP, provided they are measurable and include academic and functional goals
designed to enable the child to be involved in and make progress in the general education
curriculum . Determinations as to specific IEP goals are made on an individual, f ac t-specific b asis
by the participants on the child’s IEP Team. Although the IDEA doe s not require specific goals
for any child, there is a relationship between the statement of annual goals and the instruction
and services to be included in the child’s IEP. Each child’s IEP must include a statement of the
special education and related ser vices, supplementary aids and services , program modifications,
and other supports that are designed to enable the child to advance a p pro pria te ly toward attaining
the annual goals and to be involved in and make progress in the general education curriculum ( 34
C.F.R. § 300.320(a)(4)(i)-(ii)).
Therefore, w hile there is no specific requirement in IDEA that language development goals be
included in the IEP of each English learner with a disability, including an English learner with a
most signif icant cognitive d isability, the IEP Team must ensure that the child receives special
education and related services, supplementary aids and services , and program modifications and
supports for school personnel that are necessary f or the child to be involved in and make
progress in the general education curriculum . In this regard, consistent with 34 C.F.R. §§
300.324(a)(2)(ii) and 300.320(a)(4) , the IEP Team must consider how the child’s level of
English language proficiency affects the special education and related services , supplementary
aids and services, program modifications, and supports for school personnel that the child needs
in order to be involved in and make progress in the general education curriculum. Whether the
child’s IEP needs to include a language developme nt goal in order for the child to be involved in
and make progress in the general education curriculum is a determination that must be made on
an individual basis by the participants on the child’s IEP Team in light of the particular
disability -related needs of the child. Therefore, decisions regarding the extent to which an
English learner’s disability af fects the student’s participation in the general curriculum or
whether the child needs interventions related to the student’s disability that impact the c hild’s
developing English language proficiency are matters that should be addressed in the child’s IEP
in light of the individual needs of the child. In addition, regardless of whether goals for English
language development are included in a student’s IEP, an English learner must receive needed
English language services as a matter of civil rights law. ( Jan. 7, 2015, Dear Colleague Letter
issued by the U.S. Department of Justice & U.S. Department of Education (2015 DCL )
1)
To ensure that appropriate IEPs are developed for English lea rners with disabilities, including
English learners with the most signif icant cognitive disabilities, the IEP Team should include
participants who have the requisite knowledge or special expertise regarding the student’s
language needs. These could include persons with expertise in second language acquisition and
other professionals, such as speech a nd language pathologists, who unde rstand how to
dif f erentiate between limited English prof iciency and a disability.
2 The participation of these
individuals on the IEP Team should help to ensure that appropriate academic and functional
goals are developed for the child and the child is provided the necessary special education and
related services , supplementary aids and services, program modifications, and supports for
school personnel designed to enable the child to advance toward attaining these goals. An IEP
Team that includes all of the appropriate members should be able to make informed decisions
about the content of an English learner’s IEP (34 C.F.R. § 300.321(a)(6)). In addition, SEAs and
local educational agencies (LEAs) are encouraged to provide other IEP Team members with
appropri ate training in language acquisition and the unique needs of English learners with
disabilities.
Below are a few resources
3 that address best practices f or developing IEPs f or English learners
with disabilities.
• Education Service Center, Region 20, a n d th e Texas Education Agency. (2018).
Writing Cultural Relevant IEPs . Retrieved f rom:
1 Retrieved from: h tt ps: //www2 .ed .gov /a bout /o ffic es/ list / ocr/ le tt ers/ c olle a gue -el -20 1501 .pdf 2 Under 34 C.F.R. § 3 0 0 .3 06(b )(1)(iii)- (b)(2), a student cannot be determined to be a child with a d isa bilit y if t h e
determinant factor is limited English proficiency a nd if the student does not otherwise meet the definition of “child
with a disa bility” under IDEA.
3 The views expressed in these resources do not necessarily represent the positions or po lic e s o f t h e Department. No
officia l endorsement by the Department of any product, commodity, service, or enterprise mentioned is intended or
should be inferred.
https://projects.esc20.net/upload/page/0195/docs/Writing%20Culturally%20Relevant%2
0IEPs%2011.05.18%20508.pdf
• Multistate Association f or Bilingual Education, Northeast, Analyzing Linguistically
Appropriate IEP Goals in Dual Language Program . (March 19, 2016). [PowerPoint
slides]. Retrieved f rom:
https://mabene.org/resources/What%20We%20Do/MABE%202016%20Turner%20and
%20Esparza%20Brown%20A nalyzing%20Linguistically%20Appropriate%20IEP%20G
oals.pdf
• Hoover, John J., Erickson, Jennifer R., Patton, James R., Sacco, Donna M., & Tran, Le
M. (August 21, 2018). Examining IEPs of English Learners with Learning Disabilities
for Cultural and Linguisti c Responsiveness. Retrieved f rom:
https://doi.org/10.1111/ldrp.12183
• Jozwik, Sara L., Cahill, Alice & Sánchez, Gilberto. (2018). Collaboratively crafting
individualized education program goals for cultur ally and linguistically diverse students,
Preventing School Failure: Alternative Education for Children and Youth . 62:2, 140-
148. Retrieved from:
https://www.tandf online.com /doi/full/10.1080/1045988X.2017.1393791
Questio n 2 : If States and districts do not have the means to staf f their schools with educators
who are dually certified in special education and English language development , what are the
recommended best practices that they can use to ensure they provide appropriate instruction and
services to English learners with disabilities?
Response: English learners with disabilities , including English learners with the most signif icant
cognitive disabilities , must receive En glish language development instruction ( 2015 DCL ).
SEAs, through their guidance , monitoring , and oversight responsibilities, must have policies and
procedures in pla ce for ensuring that districts have adequately trained teachers to implement their
English language development programs (
2015 DCL ).
With respect to special education generally, i n order to effectively teach children with
disabilities, including children with the most signif icant cognitive disabilities, SEA s must
establish and maintain qualifications to ensure that special education teachers are appropriately
and adequately prepared and trained, including that they have the necessary subject -matter
knowledge and skills in the academic subjects that they teach to help students meet challenging
State academic standards (20 U.S.C. 1412(a)(14)(A) -(E); 34 C.F.R. § 300.156(a)).
While there is no Federal requirement that individuals who teach English learners with
disabilities be dually certif ied in special education and English language acquisition, it is crucial
to the success of English learners with disabilities th at teachers working with English learners
with disabilities, including English learners with the most signif icant cognitive disabilities, are
trained on how to support English learners’ English language development , in addition to their
mastery of academic content knowledge and their specific special education and related services
needs. Teachers of English learners with disabilities should have an understanding of the second
language acquisition process and how this might be influenced by the child’s individual
development, knowledge of effective instructional practices for English learners and, if relevant,
the child’s disability. We note that some States have established procedures that require specific
certif ications f or teachers serving both English learners and students with disabilities.
There are a number of best practices that districts, schools, and teachers can use to ensure they
provide appropriate instruction and services to English learners with disabilities throughout the
school day. Districts and schools should provide teachers continual, up -to-date training on the
best way to serve English learners with disabilities. Teachers should work towards enhancing
their collaborative professional relationships across special education and English language
development programs. This could include thorough cross -disciplinary professional
development, team teaching, and/or collaboration on lesson development. Additionally, for a
student who receives services from a speech and language pathologist, it may b e beneficial for
the speech and language pathologist to work with the special education teacher to support the
language needs of the student based on their individual English language development. For
example, the speech and language pathologist could cons ult with the special education teacher on
embedding stronger language instruction in their delivery of reading instruction. In addition, as
stated above in response to Q uestion 1, the IEP Team for an English learner with a disability
should include an En gl ish language development teacher , in addition to the special education
teacher or provider required by 34 C.F.R. § 300.321(a)(3) .
Below are a few resources
4 that address best practices for teachers of English learners with
disabilities :
• Shyyan, V. V., G holson, M. L., & Christensen, L. L. (June 2018). Considerations for
educators serving English learners with significant cognitive disabilities (ALTELLA Brief
No. 2) . Retrieved from University of Wisconsin– Madison, Wisconsin Center for
Education Research, Alternate English Language Learning Assessment project.
Retrieved f rom:
https://altella.wceruw.org/pubs/ALTELLA_Brief%2002_Considerations.pdf
• Burr, E. (2019). Guidance manuals for educators of English learners with disabilities:
Ideas and lessons from the field (NCEO Report 410). Minneapolis, MN: University of
Minnesota, National C enter on Educational Outcomes. Retrieved from:
https://f iles.eric.ed.gov/fulltext/ED595227.pdf
• Garcia, Shernaz & Tyler, Brenda-Jean. (April 13, 2010). Meeting the Needs of English
Language Learners With Learning Disabilities in the General Curriculum . Retrieved
f rom:
https://www. researchgate.net/profile/Shernaz_Garcia/publication/233354810_Meeting_th
e_Needs_of_English_ La n gu age_Learners_With_Learning_Disabilities_in_the_General_
Curriculuam/links/5682f2e408ae051f9aee88d1/Meeting -the-N ee ds -of-English -
La n gu a ge -Learners-With-Learning -Disabilities -in-the -General -Curriculuam.pdf
4 See Footnote 4.
In order to support States in their efforts to ensure children are taught by effective teachers, the
Department funds technical assistance and research centers. Centers that have a specific focus on
teacher effectiveness are listed below:
• The Regional Comprehensive Centers and a National Comprehensive Center make up the
Comprehensive Center Network. The Department funds 19 Regional Centers to provide
h igh -quality intensive capacity -building services to State clients and recipients to
identif y, implement, and sustain effective evidence-based practices that support improved
educator and student outcomes. The National Center provides high-quality universal and
targeted capacity -building services to address common high-leverage problems, services
to address programmatic monitoring reports and audit findings, implementation
challenges, and emerging national education trends. https://compcenternetwork.org/
• The Collaboration f or Ef fective Educator Developme nt, Accountability, and Reform
Center (CEEDAR) is designed to help SEAs, Institutions of Higher Education, and LEAs
create aligned professional learning systems that provide teachers and leaders effective
opportunities to learn how to improve core and spec ialized instruction in inclusive
settings that enable students with disabilities to achieve college and career ready
standards. Web site: http://ceedar.education.ufl.edu
. On the CEEDAR web site, one can
also find a document that addresses evidence -based practices for English learners at
https://ceedar.education.ufl.edu/wp-content/uploads/2016/11/EBP-for-en g lish-
learners.pdf
• Supported by the Department’s Office of Special Education Programs (OSEP) and
located at Vanderbilt University’s Peabody College, the IRIS Center develops and
disseminates free, engaging online resources about evidence-based instructional a n d
behavioral practices to support the education of all students, particularly struggling
learners and those with disabilities. These resources, designed to bridge the research -to-
practice gap, are intended for use in college teacher preparation programs , in professional
development activities for practicing professionals, and by independent learners. The
array of IRIS resources includes modules, case studies, information briefs,
course/professional development activities, a high -leverage practices alignment tool, and
an online glossary of disability-related terms as well as supporting products to enhance
their use in coursework and professional development activities.
https://iris.peabody.vanderbilt.edu /
On the IRIS Center’s website is a module , Teaching English Language Learners:
Effective Instructional Practices . This module helps teachers understand second language
acquisition, the importance of academic English, and instructional practices that will
enhance learning for English learners.
https://iris.peabody.vanderbilt.edu/module/ell/#content
A f ew resources related to serving English learners with disabilities are listed below:
• The Department’s Non -Regulatory Guidance: English Learners and Title III of the
Elementary and Secondary Education Act (ESEA), as amended by the Every Student
Succeeds Act (ESSA) provides SEAs and LEAs with inf ormation to assist them in
meeting their obligations under Title III of the Elementary and Secondary Education Act
of 1965 (ESEA), as amended by the Every Student Succeeds Act of 2015 (ESSA). This
guidance also provides members of the public with information about their rights under
this law and other relevant laws and regulations:
https://www2.ed.gov/policy/elsec/leg/essa/essatitleiiiguidenglishlearners92016.pdf# :~:tex
t=No n-
Re gu la to ry % 2 0 Guid a nc e %3 A% 20 En glish %2 0Le a rne rs%2 0a nd %2 0Title % 2 0III% 20 of,S
u c c e e d s% 20 Act% 2 0% 28 ESSA% 29 %2 0% 20 Se pte m be r%2 02 3% 2C% 20 20 16 %2 0
• Addendum to September 23, 2016 Non-Regulatory Guidance: English Learners and Title
III of ESEA, as Amended by ESSA:
https://www2.ed.gov/policy/elsec/leg/essa/elandiitleiiiaddendum1219.pdf
• The Office of Elementary and Secondary Education’s English Learner Resource Page
contains inf ormation about requirements related to English learners in the ESEA, and
provides links to resources to support States in developing and implementing programs
and services for English learners:
https://oese.ed.gov/offices/office -of-form ula -
grants/school -support-a nd-accountability/english -la ngu a ge-acquisition -state-gra nts/
• The Department’s English Lea rner Tool Kit was developed to help SEAs and LEAs meet
their obligations to English learners. Chapter 6 includes tools and resources for
addressing English learners with disabilities. Specif ically, the Too l Kit provides resources
to assist educators in developing IEPs f or English learners with disabilities.
https://www2.ed.gov/about/offices/list/oela/english -learner-toolkit/chap6.pdf
• The National Center on Educational Outcomes (NCEO) is a national technical assistance
center that f ocuses on the inclusion of students with disabilities, English learners, and
English learners with disabilities in comprehensive assessme nt systems. https://nceo.info/
If you have any further questions, please do not hesitate to contact Ms. Lisa Pagano in OSEP at
202-245-7413 or by email at Lisa.Pagano@ed.gov
.
S incerely ,
/s/
David Cantrell, PhD
Acting Director
Summary
OSEP Policy Letter 21-03 addresses whether IDEA requires inclusion of language development goals in a child’s IEP if the child is an Englisher learner and discusses best practices that districts, schools, and teachers can use to ensure they provide appropriate instruction to English learners with disabilities throughout the school day. The letter also provides several resources that address best practices for developing IEPs and providing instruction for English learners with disabilities.
Letter
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
OFFICE OF SPECIAL EDUCATION PROGRAMS
DIRECTOR
November 15, 2021
OSEP Policy Letter 21-03
Timothy Boals, PhD
Founder and Director
WIDA
1025 West Johnson Street, MD#23
Madison, Wisconsin 53706-1706
Dear Dr. Boals:
This letter is in response to your correspondence to former Secretary Betsy DeVos. In your letter, you seek written guidance and clarification from the U.S. Department of Education (Department) on issues affecting English learners with disabilities. You referred to research released in 2018 that indicated that English learners with the most significant cognitive disabilities are not always receiving the supports they need to be successful. Your letter also states that you routinely hear from educators around the country that they lack the necessary guidance to provide both language development and disability services for their English learners with disabilities. You ask two specific questions, which we address below.
We note that section 607(d) of the IDEA prohibits the Secretary of the Department from issuing policy letters or other statements that establish a rule that is required for compliance with, and eligibility under, the Individuals with Disabilities Education Act (IDEA) without following the rulemaking requirements of section 553 of the Administrative Procedure Act. Therefore, based on the requirements of IDEA section 607(e), this response is provided as informal guidance and is not legally binding. It represents an interpretation by the Department of the requirements of IDEA in the context of the specific facts presented and does not establish a policy or rule that would apply in all circumstances. Other than statutory and regulatory requirements included in the document, such as those pursuant to the authorizing statute and other applicable laws and regulations, the contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. In addition, it does not create or confer any rights for or on any person.
In 2017-18, 680,601 students, ages 6–21, served under Part B of IDEA, were English learners, which represents 11.31 percent of all students with disabilities served under IDEA Part B (U.S. Department of Education, EDFacts Data Warehouse, “IDEA Part B Child Count and Educational Environments Collection,” 2018–19). Data on students with disabilities exiting IDEA Part B reported under IDEA Section 618 demonstrates that more English learners with disabilities drop out and fewer English learners with disabilities graduate from high school compared with all students with disabilities (U.S. Department of Education, EDFacts Data Warehouse, “IDEA Part B Exiting Collection,” 2017–18). The Department is dedicated to improving results for children with disabilities, including English learners with disabilities, and works closely with State educational agencies (SEAs), our technical assistance investments, and research centers to support improved outcomes for English learners with disabilities.
The specific questions you ask in your correspondence are addressed below.
Question 1: Does IDEA require language development goals be included in a student’s individualized education program (IEP) if that student is an English learner? Educators are not always clear on whether language development goals, including a student’s English language proficiency level scores, can be documented in an IEP.
Response: Under IDEA, the IEP Team must consider a number of special factors in developing, reviewing, or revising a child’s IEP. See 34 C.F.R. § 300.324(a)(2) and (b)(2). Specifically, under 34 C.F.R. § 300.324(a)(2)(ii), the IEP Team must “[i]n the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child’s IEP.”
Section 300.320(a)(2)(i) requires that each IEP include a statement of measurable annual goals, including academic and functional goals designed to (a) meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and (b) meet each of the child’s other educational needs that result from the child’s disability. In addition, for children with the most significant cognitive disabilities who take alternate assessments aligned to alternate academic achievement standards, the IEP must include a description of benchmarks or short-term objectives. 34 C.F.R. § 300.320(a)(2)(ii).
It is important to clarify that IDEA does not specify what types of annual goals must be included in a child’s IEP, provided they are measurable and include academic and functional goals designed to enable the child to be involved in and make progress in the general education curriculum. Determinations as to specific IEP goals are made on an individual, fact-specific basis by the participants on the child’s IEP Team. Although the IDEA does not require specific goals for any child, there is a relationship between the statement of annual goals and the instruction and services to be included in the child’s IEP. Each child’s IEP must include a statement of the special education and related services, supplementary aids and services, program modifications, and other supports that are designed to enable the child to advance appropriately toward attaining the annual goals and to be involved in and make progress in the general education curriculum (34 C.F.R. § 300.320(a)(4)(i)-(ii)).
Therefore, while there is no specific requirement in IDEA that language development goals be included in the IEP of each English learner with a disability, including an English learner with a most significant cognitive disability, the IEP Team must ensure that the child receives special education and related services, supplementary aids and services, and program modifications and supports for school personnel that are necessary for the child to be involved in and make progress in the general education curriculum. In this regard, consistent with 34 C.F.R. §§ 300.324(a)(2)(ii) and 300.320(a)(4), the IEP Team must consider how the child’s level of English language proficiency affects the special education and related services, supplementary aids and services, program modifications, and supports for school personnel that the child needs in order to be involved in and make progress in the general education curriculum. Whether the child’s IEP needs to include a language development goal in order for the child to be involved in and make progress in the general education curriculum is a determination that must be made on an individual basis by the participants on the child’s IEP Team in light of the particular disability-related needs of the child. Therefore, decisions regarding the extent to which an English learner’s disability affects the student’s participation in the general curriculum or whether the child needs interventions related to the student’s disability that impact the child’s developing English language proficiency are matters that should be addressed in the child’s IEP in light of the individual needs of the child. In addition, regardless of whether goals for English language development are included in a student’s IEP, an English learner must receive needed English language services as a matter of civil rights law. (Jan. 7, 2015, Dear Colleague Letter issued by the U.S. Department of Justice & U.S. Department of Education (2015 DCL)[1])
To ensure that appropriate IEPs are developed for English learners with disabilities, including English learners with the most significant cognitive disabilities, the IEP Team should include participants who have the requisite knowledge or special expertise regarding the student’s language needs. These could include persons with expertise in second language acquisition and other professionals, such as speech and language pathologists, who understand how to differentiate between limited English proficiency and a disability.[2] The participation of these individuals on the IEP Team should help to ensure that appropriate academic and functional goals are developed for the child and the child is provided the necessary special education and related services, supplementary aids and services, program modifications, and supports for school personnel designed to enable the child to advance toward attaining these goals. An IEP Team that includes all of the appropriate members should be able to make informed decisions about the content of an English learner’s IEP (34 C.F.R. § 300.321(a)(6)). In addition, SEAs and local educational agencies (LEAs) are encouraged to provide other IEP Team members with appropriate training in language acquisition and the unique needs of English learners with disabilities.
Below are a few resources[3] that address best practices for developing IEPs for English learners with disabilities.
- Education Service Center, Region 20, and the Texas Education Agency. (2018).
Writing Cultural Relevant IEPs. Retrieved from: https://projects.esc20.net/upload/page/0195/docs/Writing%20Culturally%20Relevant%20IEPs%2011.05.18%20508.pdf
- Multistate Association for Bilingual Education, Northeast, Analyzing Linguistically Appropriate IEP Goals in Dual Language Program. (March 19, 2016). [PowerPoint slides]. Retrieved from: https://mabene.org/resources/What%20We%20Do/MABE%202016%20Turner%20and%20Esparza%20Brown%20Analyzing%20Linguistically%20Appropriate%20IEP%20Goals.pdf
- Hoover, John J., Erickson, Jennifer R., Patton, James R., Sacco, Donna M., & Tran, Le M. (August 21, 2018). Examining IEPs of English Learners with Learning Disabilities for Cultural and Linguistic Responsiveness. Retrieved from: https://doi.org/10.1111/ldrp.12183
- Jozwik, Sara L., Cahill, Alice & Sánchez, Gilberto. (2018). Collaboratively crafting individualized education program goals for culturally and linguistically diverse students, Preventing School Failure: Alternative Education for Children and Youth. 62:2, 140–148. Retrieved from: https://www.tandfonline.com/doi/full/10.1080/1045988X.2017.1393791
Question 2: If States and districts do not have the means to staff their schools with educators who are dually certified in special education and English language development, what are the recommended best practices that they can use to ensure they provide appropriate instruction and services to English learners with disabilities?
Response: English learners with disabilities, including English learners with the most significant cognitive disabilities, must receive English language development instruction (2015 DCL). SEAs, through their guidance, monitoring, and oversight responsibilities, must have policies and procedures in place for ensuring that districts have adequately trained teachers to implement their English language development programs (2015 DCL).
With respect to special education generally, in order to effectively teach children with disabilities, including children with the most significant cognitive disabilities, SEAs must establish and maintain qualifications to ensure that special education teachers are appropriately and adequately prepared and trained, including that they have the necessary subject-matter knowledge and skills in the academic subjects that they teach to help students meet challenging State academic standards (20 U.S.C. 1412(a)(14)(A)–(E); 34 C.F.R. § 300.156(a)).
While there is no Federal requirement that individuals who teach English learners with disabilities be dually certified in special education and English language acquisition, it is crucial to the success of English learners with disabilities that teachers working with English learners with disabilities, including English learners with the most significant cognitive disabilities, are trained on how to support English learners’ English language development, in addition to their mastery of academic content knowledge and their specific special education and related services needs. Teachers of English learners with disabilities should have an understanding of the second language acquisition process and how this might be influenced by the child’s individual development, knowledge of effective instructional practices for English learners and, if relevant, the child’s disability. We note that some States have established procedures that require specific certifications for teachers serving both English learners and students with disabilities.
There are a number of best practices that districts, schools, and teachers can use to ensure they provide appropriate instruction and services to English learners with disabilities throughout the school day. Districts and schools should provide teachers continual, up-to-date training on the best way to serve English learners with disabilities. Teachers should work towards enhancing their collaborative professional relationships across special education and English language development programs. This could include thorough cross-disciplinary professional development, team teaching, and/or collaboration on lesson development. Additionally, for a student who receives services from a speech and language pathologist, it may be beneficial for the speech and language pathologist to work with the special education teacher to support the language needs of the student based on their individual English language development. For example, the speech and language pathologist could consult with the special education teacher on embedding stronger language instruction in their delivery of reading instruction. In addition, as stated above in response to Question 1, the IEP Team for an English learner with a disability should include an English language development teacher, in addition to the special education teacher or provider required by 34 C.F.R. § 300.321(a)(3).
Below are a few resources[4] that address best practices for teachers of English learners with disabilities:
- Shyyan, V. V., Gholson, M. L., & Christensen, L. L. (June 2018). Considerations for educators serving English learners with significant cognitive disabilities (ALTELLA Brief No. 2). Retrieved from University of Wisconsin-Madison, Wisconsin Center for Education Research, Alternate English Language Learning Assessment project. Retrieved from: https://altella.wceruw.org/pubs/ALTELLA_Brief%2002_Considerations.pdf
- Burr, E. (2019). Guidance manuals for educators of English learners with disabilities: Ideas and lessons from the field (NCEO Report 410). Minneapolis, MN: University of Minnesota, National Center on Educational Outcomes. Retrieved from: https://files.eric.ed.gov/fulltext/ED595227.pdf
- Garcia, Shernaz & Tyler, Brenda-Jean. (April 13, 2010). Meeting the Needs of English Language Learners With Learning Disabilities in the General Curriculum. Retrieved from: https://www.researchgate.net/profile/Shernaz_Garcia/publication/233354810_Meeting_the_Needs_of_English_Language_Learners_With_Learning_Disabilities_in_the_General_Curriculuam/links/5682f2e408ae051f9aee88d1/Meeting-the-Needs-of-English-Language-Learners-With-Learning-Disabilities-in-the-General-Curriculuam.pdf
In order to support States in their efforts to ensure children are taught by effective teachers, the Department funds technical assistance and research centers. Centers that have a specific focus on teacher effectiveness are listed below:
- The Regional Comprehensive Centers and a National Comprehensive Center make up the Comprehensive Center Network. The Department funds 19 Regional Centers to provide high-quality intensive capacity-building services to State clients and recipients to identify, implement, and sustain effective evidence-based practices that support improved educator and student outcomes. The National Center provides high-quality universal and targeted capacity-building services to address common high-leverage problems, services to address programmatic monitoring reports and audit findings, implementation challenges, and emerging national education trends. https://compcenternetwork.org/
- The Collaboration for Effective Educator Development, Accountability, and Reform Center (CEEDAR) is designed to help SEAs, Institutions of Higher Education, and LEAs create aligned professional learning systems that provide teachers and leaders effective opportunities to learn how to improve core and specialized instruction in inclusive settings that enable students with disabilities to achieve college and career ready standards. Web site: http://ceedar.education.ufl.edu. On the CEEDAR web site, one can also find a document that addresses evidence-based practices for English learners at https://ceedar.education.ufl.edu/wp-content/uploads/2016/11/EBP-for-english-learners.pdf
- Supported by the Department’s Office of Special Education Programs (OSEP) and located at Vanderbilt University’s Peabody College, the IRIS Center develops and disseminates free, engaging online resources about evidence-based instructional and behavioral practices to support the education of all students, particularly struggling learners and those with disabilities. These resources, designed to bridge the research-to-practice gap, are intended for use in college teacher preparation programs, in professional development activities for practicing professionals, and by independent learners. The array of IRIS resources includes modules, case studies, information briefs, course/professional development activities, a high-leverage practices alignment tool, and an online glossary of disability-related terms as well as supporting products to enhance their use in coursework and professional development activities. https://iris.peabody.vanderbilt.edu/
On the IRIS Center’s website is a module, Teaching English Language Learners: Effective Instructional Practices. This module helps teachers understand second language acquisition, the importance of academic English, and instructional practices that will enhance learning for English learners. https://iris.peabody.vanderbilt.edu/module/ell/#content
A few resources related to serving English learners with disabilities are listed below:
- The Department’s Non-Regulatory Guidance: English Learners and Title III of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA) provides SEAs and LEAs with information to assist them in meeting their obligations under Title III of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act of 2015 (ESSA). This guidance also provides members of the public with information about their rights under this law and other relevant laws and regulations:
https://www2.ed.gov/policy/elsec/leg/essa/essatitleiiiguidenglishlearners92016.pdf#:~:text=Non-Regulatory%20Guidance%3A%20English%20Learners%20and%20Title%20III%20of,Succeeds%20Act%20%28ESSA%29%20%20September%2023%2C%202016%20
- Addendum to September 23, 2016, Non-Regulatory Guidance: English Learners and Title III of ESEA, as Amended by ESSA:
https://www2.ed.gov/policy/elsec/leg/essa/elandiitleiiiaddendum1219.pdf
- The Office of Elementary and Secondary Education’s English Learner Resource Page contains information about requirements related to English learners in the ESEA, and provides links to resources to support States in developing and implementing programs and services for English learners:
https://oese.ed.gov/offices/office-of-formula-grants/school-support-and-accountability/english-language-acquisition-state-grants/
- The Department’s English Learner Tool Kit was developed to help SEAs and LEAs meet their obligations to English learners. Chapter 6 includes tools and resources for addressing English learners with disabilities. Specifically, the Tool Kit provides resources to assist educators in developing IEPs for English learners with disabilities.
https://www2.ed.gov/about/offices/list/oela/english-learner-toolkit/chap6.pdf
- The National Center on Educational Outcomes (NCEO) is a national technical assistance center that focuses on the inclusion of students with disabilities, English learners, and English learners with disabilities in comprehensive assessment systems.
https://nceo.info/
If you have any further questions, please do not hesitate to contact Ms. Lisa Pagano in OSEP at 202-245-7413 or by email at Lisa.Pagano@ed.gov.
Sincerely,
/s/
David Cantrell, PhD
Acting Director
[1] Retrieved from: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-el-201501.pdf
[2] Under 34 C.F.R. § 300.306(b)(1)(iii)-(b)(2), a student cannot be determined to be a child with a disability if the determinant factor is limited English proficiency and if the student does not otherwise meet the definition of “child with a disability” under IDEA.
[3] The views expressed in these resources do not necessarily represent the positions or polices of the Department. No official endorsement by the Department of any product, commodity, service, or enterprise mentioned is intended or should be inferred.
[4] See Footnote 4.