We are required to follow State and Federal Laws when referring an English Learner for SpEd. Work with ELS to make sure your school is in compliance.
Things to Note
- Either a parent, the adult student, or an LEA may initiate a request for an initial evaluation to determine if a student is a student with a disability under Part B of the IDEA and the Rules. Upon receipt of a request for an evaluation, the LEA must respond within a reasonable time frame. The response may not be delayed due to the LEA's Response to Intervention process.
- Jordan District has determined 8-12 weeks is a reasonable time frame for gathering data.
- ELS only requires 6-8 weeks of data before we can continue with the referral process, well within the reasonable time frame required by law.
- Case law has shown us that if we are three months out and have not done anything, we are being unreasonable, or if 4 to 6 months later we are still collecting data we are being unreasonable.
- General Education Teachers should be providing tiered interventions and collecting data. Interventions MUST be language interventions approved by ELS.
- We require intervention data to show that a more restrictive setting and specialized instruction is required in order for a student to make progress.
- If for some reason a permission to test has been signed, the process can take place simultaneously. However, if interventions have not been done appropriately, the eligibility team would have no other recourse but to meet and find they are unable to determine eligibility since sufficient data does not exist. Case law doesn't say nor does Rule say that you have to have a final determination, but it does say you have to meet and discuss eligibility within a reasonable time frame.
- ELS Team will notify School Team with copies of the data.
- ELS will add student name to "On Deck" where a bilingual psychologist will be assigned to the student's case.
- School Team meets with parent and bilingual psychologist to discuss the data. If parents agree, they sign a Consent to Test.
- Bilingual Psychologist begins testing. S/he will first do the Woodcock in English and Spanish. If the student does well in Spanish, they then do the Celf and TAPS test in Spanish. If the student does not know Spanish during the Woodcock, they stop testing and let schools do the rest in English, even if that student does not know English. Bilingual Psychologists do not do Unit 2 or WNV because these are nonverbal.
- Bilingual Psychologist will notify school team once testing is completed in Spanish. Testing will continue by school team.
- Results are gathered.
- School Team and bilingual psychologist meat with parents and student to discuss the test results and make a final suggestion.
- Re-evaluations do not need to go through ELS IF second language acquisition has already been ruled out during previous testing. Email your bilingual psychologist to find out.