# data[].attributes.body
I am in the Guidance and Counseling Program at Angelo State University.  I have taught Spanish and English as a Second Language for 5 years. For the last two years, I have been a K-12 School Counselor in a small, rural school district. This Legal and Ethical Guide will help not only other school counselors but also administrators, school staff, and patrons to know about the law related to English Language Learners and the Individuals with Disabilities Education Act. I chose this topic because of my experience as an English as a Second Language teacher and School Counselor, and the confusion that sometimes arose between language acquisition and learning disorders with English Language Learners.

# data[].attributes.body
I spoke with Mrs. Michele Delgado, a school counselor at the Central Freshmen Campus, in the San Angelo Independent School District.

Importance of English Language Learners and Special Education
Each student has specific needs, and understanding these areas as challenges arise will most benefit the student.  It's important to understand these laws, TEA §89 gives guidance for bilingual issues to understand specific policies that are mandated by the state for the student.  Only serving a student in one of the areas is not always enough and if the student needs to be placed in both then proper evaluation needs to occur to do so. (M. Delgado, personal communication, July 8, 2019)

Best Practices

Meet the student at his/her level and focus on where they need the most support

Familiarize yourself with the policies and procedures so that the student maximizes their learning from both areas

Consult with the Bilingual and Special Education directors and teachers frequently to understand compliance in each program

(M. Delgado, personal communication, July 8, 2019)

Emerging Issues

There are so many different situations that teachers and counselors need to be aware of to help a student who falls into both categories.  One of which, is when to place a student in the Bilingual program based on home language survey or if the student should only be placed in a Special Education class and allow the language development to come as they receive the other services.  However, when a student comes from a home where the native language is not English, then careful considerations need to be made to carefully assess the student for the language acquisition piece.  There is sometimes conflict between members of the ARD team to determine if the problem is related to language learning or to a language disability, and with caseloads in each area rising it's important to evaluate each case individually. (M. Delgado, Personal Communication, July 8, 2019)

References
Tex. Educ. Code § 89.61
Tex. Educ. Code § 89.1201

# data[].attributes.attachment_link.description
Students are welcome to drop into the counseling office before school, after school, during homeroom time or at lunch for quick questions and conversations with their assigned counselor. We do not do drop ins during class time.

# data[].attributes.headline
Slide #3 Professional Association: Teaching English to Speakers of Other Languages (TESOL) English Language Learners with Special Needs

# data[].attributes.subject
Slide #3 Professional Association: Teaching English to Speakers of Other Languages (TESOL) English Language Learners with Special Needs

# data[].attributes.body
Many times parents and students become frustrated because of not understanding the process involved in learning another language.  This article helps all stakeholders understand that there are several reasons why a student may not be progressing in their English skills.  It also gives helpful insights into the qualifications for an Individualized Educational Plan (IEP) for the student.  For example, making sure that a professional translator is helping parents understand the differences in an IEP and a English Language Plan (ELP) and their unique scopes.  Teachers can utilize some of the same skills in teaching foreign language students that they do for native language speakers because even native speakers need help in certain language learning concepts. It is also critical to recognize the growth that students make in the plan and how best to meet their needs according to the different accommodations that are made and, more importantly, whether or not they are working for the student. One of the most important parts of understanding the IEP and ELP is that students need to be placed in a least restrictive environment for maximum growth.

Teaching English to Speakers of Other Languages (TESOL), (2015).

ELs with special needs: Combining language goals with learning strategies. Retrieved from http://blog.tesol.org/els-with-special-needs-combining-language-goals-with-learning-strategies/?shared=email&msg=fail.

# data[].attributes.body
This article describes the challenge that educators face when trying to assist an English Language Learner with academic language skills and who has a disability as well.  Many times, the parents of these students are unaware that their child has a right to both services.  Parents and educators usually assume that a problem comes from language learning and not a specific learning disorder.  The author of the article observed three important steps to help with this problem:

1. Establish positive relationships with parents, ESL and Special Education teachers, school psychologists, and trained interpreters to identify the student's needs.

2. Evaluate student attendance data, classroom records, and specific skills that the student has instead of focusing on English proficiency.

3. Create a classroom environment that embraces cultural and linguistic backgrounds.

Mitchell, C. (2019, June 18). Evaluating English-Learners for Special Education is a challenge. Here's help. [Web blog post]. Retrieved from https://blogs.edweek.org/edweek/learning-the-language/2019/06/support_english_learners_with_disabilities.html

# data[].attributes.body
This article discussed educator preparation programs and the lack of teacher training for both English Language Learner and Special Education programs. Many teachers are not sufficiently trained how to work with these populations and especially when it is one student who is enrolled in both programs.  General Education teachers need to learn how to work with parents frequently by notifying them of their student's progress, teaching higher reading skills, and understand individualized educational plans better.  By incorporating these ideas, then teachers can move past working with labels placed on the student and better understand the student individually.  Some of the ways that this can be done is through team-teaching, staff development on language acquisition over the school year instead of a one or two-day training, and strategies that strengthen collaboration with family and school staff.

Mitchell, C. (2019, May 14). Overlooked: How teacher training falls short for English-Learners and students with IEPs.  Education Week, 38(33). Retrieved June 25, 2019 from https://www.edweek.org/ew/articles/2019/05/15/overlooked-how-teacher-training-falls-short-for.html

# data[].attributes.headline
Slide #6 - Title VI of the Civil Rights Act                                               Statutory Law

# data[].attributes.subject
Slide #6 - Title VI of the Civil Rights Act                                               Statutory Law

# data[].attributes.body
20 U.S.C.A. §1703

Title VI of the Civil Rights Act passed to protect students from discrimination based on national origin, race, and color. Until this law passed there was little done to assure that a student who came from other countries, or grew up where the home language was not English, could have equal access to educational opportunities for all students.

http://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter39&edition=prelim

# data[].attributes.attachment_link.title
[USC02] 20 USC Ch. 39: EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF STUDENTS

# data[].attributes.attachment_link.description
USC02] 20 USC Ch. 39: EQUAL EDUCATIONAL OPPORTUNITIES AND TRANSPORTATION OF STUDENTS

# data[].attributes.headline
Slide #7 - Individuals with Disabilities Education Act of 1975          Statutory Law 

# data[].attributes.subject
Slide #7 - Individuals with Disabilities Education Act of 1975          Statutory Law 

# data[].attributes.body
20 U.S.C. §1411

The Individuals with Disabilities Education Act (IDEA) of 1975 identified that any student with language or speech impediments can have individualized educational plans to assist them in their learning. However, this is not to be confused with students who struggle with their language acquisition and are identified as Limited English Proficient.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1411&num=0&edition=prelim

# data[].attributes.attachment_link.title
[USC02] 20 USC 1411: Authorization; allotment; use of funds; authorization of appropriations

# data[].attributes.attachment_link.description
USC02] 20 USC 1411: Authorization; allotment; use of funds; authorization of appropriations

# data[].attributes.headline
Slide #8 - Castañeda v. Pickard                                                              Judicial Law

# data[].attributes.subject
Slide #8 - Castañeda v. Pickard                                                              Judicial Law

# data[].attributes.body
648 F.2d 989 (1981)

In the court case Castañeda v. Pickard, a group of parents sued the school district for grouping students based on ability. The groups were racially and ethnically discriminatory and did not allow equal access to full participation in education as expressed in the Equal Education Opportunities Act.

https://1-next-westlaw-com.easydb.angelo.edu/Document/Id8e3350e927811d9bc61beebb95be672/View/FullText.html?transitionType=UniqueDocItem&contextData=(sc.Search)&userEnteredCitation=648+F.2d+989

# data[].attributes.headline
Slide #9 - T.R. v School District of Philadelphia                                               Judicial Law

# data[].attributes.subject
Slide #9 - T.R. v School District of Philadelphia                                               Judicial Law

# data[].attributes.body
223 F.Supp.3d 321, 2016

This case upheld a lawsuit, filed by some of the school district's parents, that the school district was not providing translation and interpretation services for parents of students who were English Language Learners and also on an Individualized Education Plan.

https://1-next-westlaw-com.easydb.angelo.edu/Document/I37861900b78411e6b27be1b44e7e7e5b/View/FullText.html?transitionType=UniqueDocItem&contextData=(sc.UserEnteredCitation)&userEnteredCitation=223+F.Supp.3d+321

# data[].attributes.headline
Slide #10 -  San Angelo Independent School District 

# data[].attributes.subject
Slide #10 -  San Angelo Independent School District 

# data[].attributes.body
SAISD utilizes state statutory laws to guide their administrative laws within the school district for English Language Learners and Special Education.  Teachers are to work with parents and students in identifying the learning disability placement into the Special Education Program through the Admission, Review, and Dismissal (ARD) meeting.  This meeting brings student data from teachers, parents, student - and where necessary medical information - to evaluate the need for placement in the Special Education program.  The law also states that there should be written notice to the parent in his/her native language of the decision and outcomes of the meeting, including the Individual Educational Plan (IEP), if written.

San Angelo Independent School District. (2018, July 2).  Special Education ARD Committee and Individualized Education Program. EHBAB. Retrieved from https://pol.tasb.org/Policy/Code/1139?filter=EHBAB

# data[].attributes.headline
Slide #11 - Ethical Principle for Underserved and At-Risk Populations

# data[].attributes.subject
Slide #11 - Ethical Principle for Underserved and At-Risk Populations

# data[].attributes.body
A.10.f. Advocate for the equal right and access to free, appropriate public education for all youth, in which students are not stigmatized or isolated based on their housing status, disability, foster care, special education status, mental health or any other exceptionality or special need.

School Counselors are often charged with the administrative duty of class schedules.  It is important for school counselors to stay current on English Language Learner's  (ELL's) language development and their IEP, if applicable, so that they are placed in the correct core class(es) that will best enhance their educational experience.  A common misconception of an ELL student is that since he/she may speak English fairly well, then they don't need accommodations or leveled placement. Speaking is only one domain of language acquisition and the other domains of reading, writing, and listening also need to be taken into consideration when working with ELL's and those with disabilities, too.

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

# data[].attributes.headline
Slide #12 -  Non-Law Source                                                                     Why Do English Learners Struggle With Reading?: Distinguishing Language Acquisition From Learning Disabilities 

# data[].attributes.subject
Slide #12 -  Non-Law Source                                                                     Why Do English Learners Struggle With Reading?: Distinguishing Language Acquisition From Learning Disabilities 

# data[].attributes.body
With an ever-increasing English Language Learner population in schools today, it is critical for educators to know if reading problems arise from their learning the language or if it is a learning disability that has never been diagnosed.  This non-law source book will help educators examine the difference through chapters that identify

RTI processes and data collection for these students

misconceptions about language learning

reading suggestions to help English Language Learners

Special Education Assessments for English Language Learners

Hoover, J., Baca, L., & Kettmann Klingner, J. (2016). Why do English learners struggle with reading?: Distinguishing language acquisition from learning disabilities. Corwin. California.

# data[].attributes.headline
Slide #13 - Bulleted list of Recommendations / Best Practices for Compliance:

# data[].attributes.subject
Slide #13 - Bulleted list of Recommendations / Best Practices for Compliance:

# data[].attributes.body
The following list comprises many recommendations and best practices for compliance:

Data and scholarly articles show that knowing the student's needs and family background will improve student achievement and language development.

Understand the school or district policy regarding how a student qualifies for English Language Learner and Special Education Services.

Maintain frequent contact with the school to make sure that all stake holders - the student, parents, teachers, and administrators - are abiding by any individualized educational plans that have been made.

Focus on the student's skills, knowledge, and accomplishments in both languages to gather evidence that will help the student progress.

Study and get to know the differences between assessments that evaluate language acquisition and those that assess a language disability.

Abide by the Individualized Educational Plan (IEP) and English Learning Plan (ELP) and monitor student progress to make sure that the accommodations are working

Recognize legal implications from past court cases that have guided current laws and policies that help enforce equal access to their educational right to learn

Implement proper Response to Intervention (RTI) strategies that give warning signs to students that have possible language acquisition or learning disability challenges

Embrace linguistic diversity in the classroom and celebrate all achievements - big or small - to show the students that teachers care about their learning and progress