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Feb.CEC.Conf.An Introduction to the  CA Practitioners’ Guide  for Educating  English Learners with Disabilities.pdf

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Screenshot of SSSR from Presentation

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From the California Department of Education

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Assessments of ELs during COVID-19 Padlet

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Improving Outcomes for English Learners with Disabilities Website - Landing Page

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Improving Outcomes for English Learners with Disabilities Website - Landing Page

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Resources developed as part of SELPA Content Leads in the California Statewide System of Support

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EL SWD | Imperial County Office of Education

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As a recipient of a California Department of Education (CDE) and California Collaborative for Educational Excellence (CCEE) SELPA content lead grant, the Imperial County SELPA is committed to be of assistance to the statewide system of support by offering collaborative consultation services to SELPA…

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This IEP is a Sample, based on a fictitious student. It includes hypothetical scenarios for different age/grade & disability needs.
It is shared only for use for training/demonstration purposes. All IEPs are to be written to reflect the needs of the individual student &
should reflect services and offers of FAPE in accordance with the individual child's unique needs and respective disability. [Ed. Code 56341]

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2020 - 2021

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From Dr. Laurie Olsen, Martha Hernandez and Californians Together

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California Practitioners' Guide for Educating English Learners with Disabilities 

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California Practitioners' Guide for Educating English Learners with Disabilities 

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Full document from CDE website

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B.E.L.I.E.F. Professional Learning Modules 

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B.E.L.I.E.F. Professional Learning Modules 

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Developed by the California County Superintendents Educational Services Association (CCSESA) l California ELA/ELD Curriculum and Instruction Subcommittee (CISC)

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CAPTAIN Evidence Based Practices - Autism

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CAPTAIN Evidence Based Practices - Autism

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Marin County SELPA

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Recorded webinars with corresponding resources via Google Drive folder or Padlet

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Please complete the Registration Form ** Once the registration form is completed a Certificate of Completion for this PD event will be emailed to you. For questions, please feel free to contact us at: improvingoutcomes_el_swd@icoe.org

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Tonya Ward Singer's Differentiated Support Quick Guide

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Tonya Ward Singer's Differentiated Support Quick Guide

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https://tonyasinger.com/elexcellence/

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2020 - 2021

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Framing Questions for All Students and For English Learners with Disabilities

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Framing Questions for All Students and For English Learners with Disabilities

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Figure 7.9 from Section 3 - Chapter 7, Pg. 318 - 319 in the California Practitioners' Guide for Educating English Learners with Disabilities

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B.E.L.I.E.F. Modules & Supporting Activities

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B.E.L.I.E.F. Modules & Supporting Activities

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Link to Powerschool B.E.L.I.E

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Open Access - Assistive Technology, Augmentative and Alternative Communication, UDL

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Open Access - Assistive Technology, Augmentative and Alternative Communication, UDL

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Placer County SELPA

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The Open Access Project is based in the foundational belief that with access to quality curriculum & instruction, students with disabilities can engage, actively participate, and learn within inclusive settings.

The pathway includes:

implementing the principles of universal design for learning (UDL) across all learning environments;

incorporating digital tools and/or accessible technologies (AT) into the design of instruction and measurement of learning; and

providing access to augmentative alternative communication (AAC) strategies and supports and a commitment to building communication competence for students with complex communication needs.

Click here for a Quick Overview of the Open Access Project to print and share.

Reach out with questions, comments or ideas or to inquire about participating in an Open Access project.

Find out what's currently happening or what's coming up within our network.

In this space you can search for handouts, tools, presentations, and quarterly and annual reports related to our projects.

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Open Access 2.0 | Learning and Participation for All Students

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Providing Accessibility through UDL, AT, and AAC

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CA Practitioners' Guide - Sections, Chapters, and Appendices

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CA Practitioners' Guide - Sections, Chapters, and Appendices

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We've taken the California Practitioners' Guide for Educating English Learners with Disabilities and broken it down by section, chapter, and appendices. You will find multiple entry points depending on your topic and/or area of interest. All appendices are downloadable as individual files that are then fillable, printable, and savable to your preferred storage location.

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California Practitioners' Guide for Educating English Learners with Disabilities

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Coronavirus (COVID-19) Latest Updates and Information - ICOE is working with local, state, and federal partners to provide the most accurate and up-to-date information for our community. Staff are encouraged to direct all inquiries to this interagency resource: Imperial County COVID-19 Information

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Designed to align with the 2012 ELD Standards via ELD Connectors appropriate for students with the most significant cognitive disabilities.

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Alignment of Evidence-Based Practices (EBPs) for English Learners and Students with Autism Spectrum Disorders (ASD)

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Alignment of Evidence-Based Practices (EBPs) for English Learners and Students with Autism Spectrum Disorders (ASD)

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From CAPTAIN, Marin County, Imperial County SELPA, CCEE, and CDE

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2020 - 2021

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San Diego South County SELPA

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Join the EDDS Project and Learn to Use Equity Data

If you're a Special Education Local Plan Area (SELPA) administrator who has disproportionality data but aren't sure how to get the most out of it, the Equity, Disproportionality & Design (ED&D) team can help.

ED&D created a collection of tools and services called the Equity Dispro Data System (EDDS) Project. The EDDS Project is designed to help school leaders use data to promote equity for students with disabilities. The project was built on the belief that successful outcomes rely not only on the availability of data, but also on the relationship with the educators using it.

Participants in the EDDS Project will have access to a disproportionality data tool, small group training on how to use disproportionality data, data consultations with the ED&D team, and networking with other educators who want to level up their data use for promoting equity.

To learn more about the EDDS Project, contact edds@sdcoe.net

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If you're a Special Education Local Plan Area (SELPA) administrator who has disproportionality data but aren't sure how to get the most out of it, the Equity, Disproportionality & Design (ED&D) team can help. ED&D created a collection of tools and services called the Equity Dispro Data System (EDDS) Project.

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California Practitioners' Guide - Frequently Asked Questions

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California Practitioners' Guide - Frequently Asked Questions

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A chapter by chapter listing of frequently asked questions (FAQs) on specific topics relating to dually identified learners.

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FAQs

Chapter 1: Students with Disabilities Who May Be Identified as English Learners FAQs
Go to Chapter 1 of the CA Guide for Educating EL with Disabilities Q: Should a student be given both the Initial and Summative ELPAC if she enrolls in school midyear, close to the Summative ELPAC window opening?
A: Yes. After the student has been identified as a potential English learner (based on the HLS), the student is administered the Initial ELPAC. The LEA has 30 days to assess and notify the parents of results. Whether this occurs before or during the Summative ELPAC window, if the student is classified as an English learner, within the Summative ELPAC window, she should be administered the Summative ELPAC.
Q: Can a special education teacher provide English language development services to English learner students in her classroom or on her caseload?
A: Yes. Under the current credentialing requirements, all special education teachers should have the appropriate English learner authorization to provide English learner services to students. It is not a requirement that the special education case manager or teacher provide the ELD instruction, unless the IEP states so, but ELD is a federal requirement.
Q: How do I request the use of an unlisted resource for the ELPAC for my LEA?
A: The LEA ELPAC coordinator must submit a request in writing to ELPAC@cde.ca.gov for approval of an unlisted resource that is not included in the accessibility matrix (accessible at: https://bit.ly/2Tw9I0J). Include the following information:

LEA name and school name

LEA ELPAC coordinator name

Number of students needing that resource

Contact information

Q: What are the different types of braille test forms?
A: Contracted and uncontracted braille refer to the type of braille language used. Contracted braille includes word contractions; uncontracted braille refers to writing in which the words are spelled completely (according to the National Federation of the Blind). Braille test forms are uncontracted for kindergarten through grade two and contracted for grades three through twelve and are available for both the Summative and Initial ELPAC paper and pencil administrations. As the ELPAC transitions to a computer-based assessment, more information will be provided.
Q: Are breaks the same as pausing?
A: No. Breaks are for students who need a break in the middle of a domain due to fatigue. In these instances, the audio for Listening or Speaking (Summarize an Academic Presentation) can be paused only once, and it is not necessary for the LEA to request an unlisted resource for this.
Pausing is for students who need to have the audio pause between each question because they need time to process the information they are hearing. Pausing is an unlisted resource, which requires approval from the CDE. To date, all unlisted resource requests for pausing and repeating the audio for the Listening domain have been approved.
Q: What do I do with a student's completed alternate assessment?
A: If a student takes an alternate assessment, the LEA should refer to the ELPAC Test Administration Manual and ELPAC Examiner's Manual for current guidance. Also note:

The braille version of the ELPAC is not an alternate assessment and should not be identified as such.

Students who take locally determined alternate assessments will receive the lowest obtainable scale score (LOSS) on each domain affected. Caution should be used when interpreting results because the LOSS on one or more domains may lower the overall performance level on the ELPAC. The LOSS on the ELPAC will be used to calculate the ELPI for Title I accountability purposes. If the student is not reclassified, the LOSS will be entered as the "Most Recent Previous Scale Score(s)" at the next year's administration of the locally determined ELPAC.

If a student takes a locally determined alternate assessment for all domains, the overall scale score will also be the LOSS.

In January 2019, the CDE began development of a statewide Alternate ELPAC for students with the most significant cognitive disabilities. When the Alternate ELPAC is operational, LEAs will no longer locally determine an alternate assessment as all students identified as eligible for an alternate assessment, per their IEP, will take the Alternate ELPAC.

Q: What happens when a student's IEP or Section 504 plan specifies that the student has a disability for which there are no appropriate accommodations for assessment in one or more of the Speaking, Listening, Reading, and Writing domains?
A: In this case, the student is assessed in the remaining domains in which it is possible to assess the student, per 34 CFR 200.6 (accessible at: https://bit.ly/2WXTsHU). The IEP team may determine that the student should be exempt from a domain if there are not appropriate accommodations for the student to access the affected domain. A student may be assigned an overall score only if assessed in both oral and written language. To be considered as having been assessed in oral language, the student must have been assessed in either Speaking or Listening. To be considered as having been assessed in written language, the student must have been assessed in either Reading or Writing.

Chapter 2: Supports for English Learners within the Multi-Tiered System of Supports Framework FAQs
Go to Chapter 2 of the CA Guide for Educating EL with Disabilities Q: Does a student need to receive all the levels or tiers of support before they can be referred for assessment for special education?
A: No. At any time, a request can be made that a student study team become involved in determining if a referral for special education evaluation is appropriate. However, the team needs to evaluate multiple areas in a pre-referral checklist to determine how the student's needs will be served. In some cases, the team will decide that close monitoring in tiered instruction is merited to carefully assess a complex issue before assigning special education services and developing an IEP. In other cases, the evidence of a specific disability is pronounced, and the student may receive services immediately while also participating in continued comprehensive tiered instruction.
Q: When a parent requests an assessment for special education, does the assessment process need to wait until the student has completed all the tiers of supports in the MTSS framework?
A: No. The parent has a right to request an assessment at any time. However, the team needs to evaluate multiple areas in the pre-referral checklist in determining how the student's needs will be served. In some cases, the team will decide that close monitoring in tiered instruction is merited to carefully assess a complex issue before assigning special education services and developing an IEP. In other cases, the evidence of a specific disability is pronounced and the student may receive services immediately while also participating in continued comprehensive tiered instruction.
Q: Can students with IEPs receive supports in the Tier I, Tier II and/or Tier III intervention groups?
A: Yes. They have access to the general education interventions as any other student, and this is in addition to their individualized special education services. Their IEPs take this into account as part of the comprehensive plan.
Q: Do English learners who need interventions receive their ELD instruction during the Tier II or Tier III intervention time?
A: No. Interventions address very specific identified skill areas and are not comprehensive.
Every student retains comprehensive ELD instruction (both integrated and designated ELD) in Tier I (core) instruction, and the ELD Standards and principles of ELD instruction inform how they receive Tier II and Tier III interventions.
Q: Who can provide intervention instruction? Can special education staff provide these supports to any general education students in their groups? We used to do that but not sure how it is today.
A: Yes. This can be done. Please refer to the California Commission on Teacher Credentialing (accessible at: https://www.ctc.ca.gov) and the specific document in CL-808CA 10/2016. Also refer to the CTC description for Education Specialist Instruction Credential. This allows for the credential holder to provide instruction in a general education setting. Also see specialty areas as they may offer more information.
Q: Can students receive support in different tiers? If so, what does that look like?
A: All learners receive consistent and ongoing support in Tier I core instruction. A student may receive Tier II interventions, respond to that intervention through progress in academic and/ or behavioral growth, and then continue to engage in Tier I without the Tier II support. Few students will receive Tier II support and then need more intensive support through Tier III. In this case, they would still fully engage in Tier I core instruction with universal supports and the Tier III services would be additional.

Chapter 3: Special Education Referral Process for English Learners
Go to the Chapter 3 of the CA Guide for Educating EL with Disabilities Q: Is it advisable to group English learners with non-English learners for RtI?
A: Yes. English learners may benefit from being grouped with non-English learners and with English speaking peers with similar learning needs. However, it is important to remember that the English learners are progress monitored separately from the English-only peers and compared to "like peers" to determine if appropriate levels of progress are being made. Take into consideration the ELP of the student when grouping for instruction.
Q: What is the recommended or required amount of time an English learner must be in MTSS or RtI before making a referral for special education?
A: It is best practice or recommended for English learners to receive high quality, evidence- based interventions over a four- to six-month period in order to provide enough time to determine if the student is struggling academically due to a disability or language difference and if the student's academic difficulties can be remediated in general education. It is best to start progress monitoring after four weeks.
Q: May LEAs or districts establish policies and procedures that delineate that English learners must have received a certain number of years of English language development prior to a referral for assessment to determine eligibility for special education?
A: No. Federal and state law require all children with disabilities residing in the state who are in need of special education and related services to be identified, located and assessed per EC 56301 (accessible at: https://bit.ly/2KPMT50).

Chapter 4: Assessment of English Learners for Identification as Students with Disabilities
Go to the Chapter 4 of the CA Guide for Educating EL with Disabilities Q: Are there any written guidelines or procedures for the assessment of preschool age students who are bilingual or who have a primary or dominant language that is other than English?
Our preschool assessment teams are having a hard time with this in consideration of special education eligibility (in many situations without consideration of language differences.)
A: Part B of Individuals with Disabilities Education Act (IDEA) is the section that lays out the educational guidelines for school children three to twenty-one years of age. IDEA requires that all students referred for assessment to determine eligibility for special education and related services receive an assessment that meets the requirements found in the IDEA (34 CFR 300.304-305) (accessible at: https://bit.ly/2v9NeFc) and in state statutes ( EC 56320- 56330) (accessible at: https://bit.ly/2V1FROH). Since we do not classify preschool children as English learners or require them to take the ELPAC or similar test, it is presumed the federal laws regarding primary language assessment apply.
Q: When districts are administering assessments to determine special education eligibility of English learners with moderate to severe disabilities, are they required to assess in their primary language?
A: Test and assessment materials are provided and administered in the language and form most likely to provide accurate information on what the student knows and can do academically, developmentally, and functionally ( EC 56320[b][1]) (accessible at: https://bit.ly/2V1FROH).
Q: May the parent waive the requirement for a student to be assessed for special education in his primary language?
A: No. Again test and assessment materials are provided and administered in the language and form most likely to provide accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide and administer ( EC 56320[b][1]) (accessible at: https://bit.ly/2V1FROH).
Q: Is it required that an interpreter who assists an assessor to administer a test that will determine special education eligibility in the primary language be certified or receive formal training?
A: There are no regulations regarding certification or formal training. In addition to the requirements in EC 56320 (accessible at: https://bit.ly/2V1FROH) and EC 56381 (accessible at: https://bit.ly/2Dg3VmC), assessments and reassessments 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 communications and have a knowledge and understanding of the cultural and ethnic background of the pupil. If it is clearly not feasible to do so, an interpreter must be used, and the assessment report shall document this condition and note that the validity of the assessment may have been affected (5 CCR 3023[a]) (accessible at: https://bit.ly/2ICd2BI).
Q: Is it true that schools or student study teams must wait until a student has been receiving English learner services for four to six years or is at least in the fifth grade so she can fully develop her English language skills before being referred for special education?
A: No. This is a common misconception. Disabilities occur in primary and English language development and across all contexts. It is required that assessors rule out that the student has a disability versus a language difference. Skilled assessors trained in English language development and bilingual assessment can make this determination even if the student has not fully acquired English skills.

Chapter 5: Developing an Individualized Education Program for English Learners
Go to the Chapter 5 of the CA Guide for Educating EL with Disabilities Q: Is it required that the IEP team classify a preschool student as an English learner?
A: While not a formal identification as English learners, frequently occurs upon enrollment in transitional kindergarten or kindergarten when the home language survey (HLS) is completed by the parent. The IEP must still document whether the student is hearing or speaking a language other than English at home. Most preschools use the Desired Results Developmental Profile (DRDP), which includes observation of students as dual-language learners. These observations can be used by the IEP team to document in the IEP if the student is a dual-language learner.
Q: Is it required for a student who is an English learner, who has an IEP and is identified as having a specific learning disability (SLD), to receive only instruction in English so as not to confuse the student?
A: Research indicates that the student may acquire language two (L2) earlier if they are proficient in language one (L1) (Fortune and Menke 2010; Butterfield 2017). The IEP team needs to carefully consider the individual needs of the student when making decisions about the language of instruction.
Q: What decisions can only be made by the IEP team for students who are English learners with disabilities?
A: Three key decisions are the jurisdiction of the IEP team: (1) the language of instruction, (2) use of accessibility tools or use of an alternate assessment for the ELPAC or CAASP, and (3) how and where ELD designated instruction will be provided (general education or special education) and if instruction will be provided by a general education teacher, special education teacher, or through designated ELD instruction.
Q: Must English language development (ELD) goals be included in the IEP?
A: No. The Individuals with Disabilities Education Act (IDEA) requires that IEP goals be developed in areas of need related to the student's disability. Being an English learner is not a disability. Rather, state and federal regulations require that IEP goals be linguistically appropriate, which means they must be written at a level of linguistic ability that is appropriate for the student based on her current English language development level as evidenced by recent assessment (ELPAC or an alternate assessment).
Q: When do I include universal tools, designated support, and accommodations for the ELPAC to my English learner students with disabilities?
A: These decisions should be made by the student's IEP team. The team should review assessment information that provides the team with an understanding of how the student's disability affects the student's ability to interact with the ELPAC. The IEP team should ask what supports (provided through the accessibility resources) the student needs to use to show his true level of English proficiency. In some cases, students may only require the use of designated supports, and in others, students will require accommodations. IEP teams should refer to the accessibility matrix when holding these discussions. The IEP should document how the student will access the ELPAC and which accessibility resources the student will use during the administration of the ELPAC. Also, IEP teams should consider documenting the instructional implications for the use of the selected accessibility resources. The accessibility matrix displays the universal tools, designated supports, and non-embedded accommodations allowed as part of the ELPAC as of August 3, 2018.
Q: Does the interpreter for the IEP have to be trained?
A: California Education Code is largely silent on this topic. The applicable code is EC 56341.5 (accessible at: https://bit.ly/2GppTpv), and the relevant section (i) states:

The local educational agency shall take any action necessary to ensure that the parent or guardian understands the proceedings at a meeting, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English.

However, 5 CCR 3023 (accessible at: https://bit.ly/2ICd2BI) states:

In addition to provisions of EC 56320 (accessible at: https://bit.ly/2V1FROH) and 56381 (accessible at: https://bit.ly/2IpV9qy), assessments and reassessments 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 of the assessment may have been affected.

Interpreters for low incidence disabilities do have to meet certain requirements as stated in 5 CCR 3051.16(c) (accessible at: https://bit.ly/1Hnpssm):

An educational interpreter shall be certified by the national Registry of Interpreters for the Deaf (RID), or equivalent; in lieu of RID certification or equivalent, an educational interpreter must have achieved a score of 4.0 or above on the Educational Interpreter Performance Assessment (EIPA), the Educational Sign Skills Evaluation-Interpreter and Receptive (ESSE-I/R), or the National Association of the Deaf/American Consortium of Certified Interpreters (NAD/ACCI) assessment. If providing Cued Language transliteration, a transliterator shall possess Testing/Evaluation and Certification Unit (TEC Unit) certification, or have achieved a score of 4.0 or above on the EIPA - Cued Speech.

Requirements for certification exist for low incidence disability interpreters, but there are none for language interpreters. Local school districts must set their own policies that determine the qualifications of the language interpreters they use and any additional training requirements.

Chapter 6: Educational Programming: Access and Equity For English Learners with Disabilities
Go to the Chapter 6 of the CA Guide for Educating EL with Disabilities Q: Can a special education teacher provide integrated and designated ELD to English learners as part of their special education services?
A: Yes. Certificated special education teachers who have their English learner authorization may provide both integrated and designated ELD. Frequently special education teachers co-teach with general education teachers to provide comprehensive ELD (integrated and designated ELD).
Q: Will learning in two languages be confusing for English learners with disabilities?
A: There is no evidence of this. English learners with disabilities can become multilingual, just like students without disabilities. Also, maintaining the primary language is important for students so they can continue to communicate meaningfully with their families and caregivers and continuously develop a sense of cultural pride.

Chapter 7: Teaching and Learning to Meet Student Needs
Go to the Chapter 7 of the CA Guide for Educating EL with Disabilities Q: Do English learners with disabilities need to have designated ELD?
A: Yes. All English learners, including English learners with disabilities, receive both integrated and designated ELD instruction, which comprise a comprehensive approach to English language development.
Q: The instructional materials my district provided give me very little guidance on how to provide integrated and designated ELD. What should I do?
A: With your school administrator, you can reach out to your LEA's English learner specialists who, working collaboratively with your LEA's special education specialists, can support you and your grade-level or department team to adapt the instructional materials to meet student needs. This will involve using the CA ELD Standards -and other resources provided in this guide-to "tune" lessons and specific activities and possibly add activities to ensure that English learners with disabilities make academic, linguistic, and social-emotional learning progress.
Q: Is it okay to provide designated ELD that is connected to math and science.
A: Yes. Designated ELD builds into and from content instruction, so a focus in designated ELD on the language of math and science is appropriate.
Q: I do not speak the language of the parents of my English learners with disabilities, and they do not speak very much English. How can I collaborate with them?
A: Your LEA's English learner and special education specialists can help you find ways to communicate effectively and collaborate meaningfully with families of your students. This chapter also offers guidance and many online resources for teachers seeking to expand cultural awareness and proficiency.

Chapter 8: Exiting English Learners from Special Education Status
Go to the Chapter 8 of the CA Guide for Educating EL with Disabilities Q: Does an English learner need to be reclassified as fluent English proficient (RFEP) in order for the IEP team to consider exiting the student from special education?
A: No. The decision to exit an English learner student from special education must be based on the IEP team's determination that the student no longer meets eligibility requirements for special education. English learner services must continue until the student is reclassified as English fluent proficient.
Q: Is it a legal mandate that a member of the English learner department and the IEP team meet for an English learner who is being considered for exit from special education?
A: Although the term "English learner specialist " or similar term is not explicitly specified in federal or state regulations regarding required IEP team membership, FAQ #5 from the US Department of Education regarding English learners with disabilities released in 2014 states: "It is essential that IEP teams for English learners with disabilities include persons with expertise in second language acquisition and other professionals, such as speech- language pathologists, who understand how to differentiate between language acquisition difficulty and a disability."

Chapter 9: Reclassifying Students with Disabilities from English Learner Status
Go to the Chapter 9 of the CA Guide for Educating EL with Disabilities Q: Does a student's individualized education program (IEP) or Section 504 plan take precedence over provisions for English learners in the California Education Code?
A: No. The requirements in a student's IEP or Section 504 plan are federal requirements as are the provisions for English learners. The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act (Section 504) require that an LEA provide to English learners with disabilities both the language assistance and disability-related services to which they are entitled under federal law. The LEA must inform parents of English learner students with IEPs how the language instruction education program meets the objectives of the child's IEP. Even if the parent declines disability-related services under IDEA or Section 504, that student with a disability remains entitled to all English learner rights and services.
Q: Is reclassification the responsibility of the IEP team for English learners with disabilities?
A: Each district or LEA must establish policies and procedures to designate the staff responsible for reclassification of English learner students. While the IEP team may be the most appropriate group of professionals to make reclassification decisions for English learner students with disabilities, it is important to note that an English learner specialist with specialized knowledge on second language acquisition should be present when reclassification decisions are made.
Q: A Spanish-speaking student whose family recently arrived in the US has enrolled in our middle school. She was referred for a special education evaluation right away and identified for special education services. She is now receiving her services the majority of the day in a "special day class." While she was quite social before, she has become sullen and withdrawn. What should I do, as her general education art teacher?
A: Any staff member with concerns about a student may convene an IEP team meeting. This includes the special education case manager and school psychologist. The IEP team can review the student's assessment results and air the concerns of a general education teacher. Key questions to consider are: (1) Was the student given a psycho-educational assessment to determine eligibility in both her primary language and English? What were her cognition skills in her primary language as compared to English? (2) Is she receiving appropriate ELD instruction, and if so, what has her response been to this instruction? (3) Would it be appropriate to re-assess in both languages, considering best practices for bilingual assessment, to determine if she should be placed with true peers? If not, would the team be open to more inclusion in general education classes with support from the English learner and special education specialists? Did the health history reveal any additional needs?

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Frequently Asked Questions (FAQs) from the California Practitioners' Guide for Educating English Learners with Disabilities

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Go to Chapter 1 of the CA Guide for Educating EL with Disabilities Q: Should a student be given both the Initial and Summative ELPAC if she enrolls in school midyear, close to the Summative ELPAC window opening? A: Yes.

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The UDL Guidelines are a tool used in the implementation of Universal Design for Learning, a framework to improve and optimize teaching and learning for all people based on scientific insights into how humans learn. Learn more about the Universal Design for Learning framework from CAST. The UDL Guidelines can be used by educators, curriculum developers, researchers, parents, and anyone else who wants to implement the UDL framework in a learning environment. These guidelines offer a set of concrete suggestions that can be applied to any discipline or domain to ensure that all learners can access and participate in meaningful, challenging learning opportunities.

Reenvisioning the UDL Guidelines

Because the UDL Guidelines are meant to be informed by feedback from the field as well as new research, they have been updated several times in the past. We are in the process of updating the Guidelines once again in our UDL Rising to Equity initiative.

This update will focus specifically on addressing systemic barriers that result in inequitable learning opportunities and outcomes. CAST aims to develop a transparent, inclusive, and community-driven process. If you are interested in collaborating and staying updated on our progress, we invite you to complete a brief survey.

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The UDL Guidelines are a tool used in the implementation of Universal Design for Learning, a framework to improve and optimize teaching and learning for all people based on scientific insights into how humans learn. Learn more about the Universal Design for Learning framework from CAST.

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2020 - 2021

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El Dorado SELPA and Riverside County SELPA

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System Improvement Leads have joined other lead agencies within the Statewide System of Support including California Collaborative for Educational Excellence (CCEE), California Department of Education (CDE) and the State Board of Education to identify inequities and improving outcomes for each student.

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System Improvement Leads: Inspire, Connect, Innovate

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Videos, links, and Padlets to support your work towards improving outcomes for English learners with disabilities

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The Imperial County SELPA Content Lead Grant 'Improving Outcomes for English Learners with Disabilities' assists the CDE with dissemination, professional development and technical assistance associated with the CA Practitioners' Guide for Educating English Learners with Disabilities. The Imperial County SELPA strives to build capacity of SELPAs statewide by connecting and facilitating systems improvement work related to best practices in the implementation and provision of services to English learners with disabilities.

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The Imperial County SELPA Content Lead Grant 'Improving Outcomes for English Learners with Disabilities ' assists the CDE with dissemination, professional development and technical assistance associated with the CA Practitioners' Guide for Educating English Learners with Disabilities.

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2020 - 2021

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Imperial County SELPA - Assistive Technology

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Imperial County SELPA - Assistive Technology

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Assistive technology (AT) is "any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities" of children with disabilities. (IDEA, 2004, Sec. 300.5). For students with disabilities, IDEA requires that Assistive Technology (AT) must be considered as part of the IEP developed for each student that is eligible.

Assistive Technology Observation-Screening Request

Web Resources

Open Access website contains resources related to Assistive Technology, Augmentative or Alternative Communication, and Universal Design for Learning.

Resources for Spanish-speaking children for use by professionals and families of Spanish-speaking children with complex communication needs.

This site shares quick posts, tips and a list of Bilingual Spanish-English apps and manufacturers.

This blog is a companion to the website, www.aacintervention.com At this site you can find quick posts, mini tips, and think out louds.

The Paul V. Sherlock Center on Disabilities at Rhode Island College partners with state and national agencies, schools, institutes of higher education and community providers to offer: Interdisciplinary pre-service and community education, technical assistance, services, research, and information.

Video Links

Video Tutorials in English:

Video Tutorials in Spanish:

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Assistive technology (AT) is "any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities" of children with disabilities. (IDEA, 2004, Sec. 300.5).

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Addressing Variability of All Student Learners

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Addressing Variability of All Student Learners

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The page you’re seeking may have been moved or may no longer exist. Try going to our home page, using our website navigation, or by using our search at the top of the page to find what you’re looking for.

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2020 - 2021

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ELPAC General Performance Level Descriptors (PLDs)

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ELPAC General Performance Level Descriptors (PLDs)

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Performance level descriptors for the summative ELPAC from CDE website

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General Performance Level Descriptors for guidance in the development of domain and grade/grade span-specific descriptors.

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5 Things Educators Can do to Support Instruction for English Learners During COVID-19

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5 Things Educators Can do to Support Instruction for English Learners During COVID-19

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From English Learners Success Forum

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From the Cirillo Company - 25 minutes on task. Pomodoro Techinique is a registered trademark of Francesco Cirillo

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9.30.2020

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Coronavirus (COVID-19) Main Web Page

Providing In-Person Specialized Supports and Services to Students with Disabilities

New Guidance (Posted 30-Sept-2020)
Is a Local Educational Agency (LEA) permitted to offer in-person supports and services to small groups of students with disabilities? Does the CDPH guidance related to cohorts apply to students age 18-22 participating in post-secondary programs that are provided through the K-12 school setting?
Yes. LEAs may serve small cohorts of students with disabilities ages 18-22 consistent with the CDPH guidance.
Does an LEA need to have received an elementary school waiver through the local public health office before offering in-person supports and services to small groups, consistent with the CDPH guidance related to cohorts?
No. The August 25, 2020 CDPH FAQ states "[t]he Cohorting Guidance applies to schools that cannot reopen for in-person instruction pursuant to the July 17 Framework, including elementary schools in those jurisdictions that have not received an elementary school waiver through the local public health office. Under these circumstances, school officials should develop and implement plans in collaboration with local health officials and school-based staff (including, if applicable, organized labor), but are not required to receive express approval from the local health department. They are, however, required to adhere to any applicable, more restrictive local public health directive. "

Distance Learning
Are there new requirements related to Individualized Education Programs (IEP) and distance learning?
Yes. On June 29, 2020, Governor Newsom signed the 2020 Budget Act and accompanying budget-implementing legislation, including Senate Bill (SB) 98 (Chapter 24, Statutes of 2020). SB 98 included notable changes related to special education and distance learning. The CDE posted related guidance on the CDE website at https://www.cde.ca.gov/sp/se/lr/om071520.asp.

SB 98, Section 66, amended Section 56345 of the Education Code ( EC) to require that Individualized Education Programs (IEP) include a description of the means by which the IEP will be provided under emergency conditions, in which instruction or services, or both, cannot be provided to the pupil either at the school or in person for more than 10 school days. This description must be included in the development of each initial IEP or addressed during the regularly scheduled revision of an IEP (e.g., annual IEP), and must take public health orders into account.
Where can I find more information about the requirements for distance learning and instructional time?
The CDE has established a webpage dedicated to providing guidance and resources for teachers and families in K-12 schools regarding high quality distance learning. The CDE's distance learning webpage can be accessed on the CDE's website at https://www.cde.ca.gov/ci/cr/dl/index.asp

In addition, the CDE has developed a frequently asked questions (FAQ) webpage addressing principal apportionment, instructional time, attendance accounting, attendance reporting and the Form J-13A for fiscal year (FY) 2020-21. The FAQ can be accessed on the CDE website at https://www.cde.ca.gov/fg/aa/pa/pafaqs.asp.
Do the requirements for distance learning and instructional minutes in the FY 2020-21 school year impact Specialized Academic Instruction on a student's IEP?
Specialized Academic Instruction (SAI) in a student's IEP (including minutes), like all aspects of the IEP, is determined by the IEP team. SAI is an instructional service and individualized based on student need. LEAs are required to implement IEPs.

Description of How the IEP Will be Provided Under Emergency Conditions
What are considered "emergency conditions"?
EC 46392 outlines what constitutes "emergency conditions" and includes: fire, flood, impassable roads, epidemic, earthquake, the imminence of a major safety hazard as determined by the local law enforcement agency, a strike involving transportation services to pupils provided by a non-school entity, and an order provided for in EC 41422.
Is the emergency conditions description part of the IEP or a separate document?
The description of the means by which the IEP will be provided under emergency conditions must be part of the IEP. SB 98 amended section 56345 of California Education Code, and added the requirement that an IEP include a description of the means by which the IEP will be provided under emergency conditions, effective July 1, 2020. It applies to the development of an initial IEP or the next regularly scheduled revision of the IEP (i.e. annual IEP) ( EC Section 56345(a)(9)(B)). Because all students must have an annual IEP, pursuant 34 C.F.R. 300.324(b)(1), all IEPs in the state should include this description by June 30, 2021.
Must the parent or student consent to the description required by EC 56345(a)(9)?
Yes. As a required component of the IEP, the description of the means by which the IEP will be provided under emergency conditions must be adopted by the IEP team at an IEP team meeting or through an amendment to the IEP. Parents/students are required members of the IEP team and thus will be involved in the development of this description through the IEP process. The LEA must obtain consent to the IEP consistent with applicable state and federal law.
How does the IEP requirement for a description of the means by which the IEP will be provided under emergency conditions impact the offer of a Free Appropriate Public Education (FAPE)?
The description of the means by which an IEP will be provided under emergency conditions is an element of the overall offer of FAPE, and should help an LEA to plan for how to address the needs of an individual student in an emergency.
What if the description of the means by which an IEP will be provided under emergency conditions inadequately addresses or anticipates the needs of the student in the event of an emergency?
IEP teams are required to meet when a student demonstrates a lack of expected progress (34 C.F.R. 300.324 (b)(1)(ii)). Additionally, the parent or the teacher may request an IEP meeting at any time ( EC 56343) to discuss and address any concerns with student access including a lack of resources, or ineffectiveness of the means by which the IEP is being provided under emergency conditions.

Teachers and parents are encouraged to work together to ensure that a student is able to access instruction and that the delivery of instruction is effective. The student's IEP can be changed or amended at any time with agreement from both the parents and the LEA.
Does an LEA need to wait 10 days before implementing the description of how the IEP will be implemented under emergency conditions IEP?
No. If the LEA has good reason to believe that, due to emergency conditions as described in EC 46392, instruction or services, or both, cannot be provided to the pupil either at the school or in person for more than 10 school days, the LEA may implement the provisions outlined in the description before 10 school days have elapsed.
Should the description of the means by which the IEP will be provided under emergency conditions required by EC 56345(a)(9) include provisions for how the LEA will deliver feedback and information to parents regarding a student's learning progress during the emergency closure?
While EC 56345(a)(9) does not specifically require including plans for delivering feedback and information regarding a student's progress, communication and collaboration between the local educational agency (LEA) and parent are vital to ensure educational progress. In addition, EC Section 43504(g) requires that, during the 20-21 school year, each school shall regularly communicate with parents and guardians regarding a pupil's academic progress.

Special Education Assessments
Must LEAs continue to conduct special education assessments while providing distance learning?
Yes. The U.S. Department of Education (USDOE) has not waived the requirement for LEAs to conduct a full and individual initial evaluation for a student suspected of having a disability, nor has the USDOE waived requirements relating to triennial assessments. Additionally, 34 C.F.R. §§ 300.101(b) and 300.124(b) are still in effect and require that an IEP or individual family service plan (IFSP) is developed by the third birthday of a child participating in Part C programs and who will participate in Part B preschool-age programs. The USDOE has encouraged LEAs to work with parents to reach mutually agreeable extensions of time, as appropriate, if the LEA or parent feels additional time is needed.
Can special education assessments be conducted in-person at this time?
Yes. Current guidance from the California Department of Public Health and the CDE does not expressly prohibit in-person assessments. Further, the CDPH's "Cohort" Guidance of August 25, 2020 permits in-person instruction and services, including assessments, if done in compliance with the Guidance, or if an elementary school has received a waiver of the school closure mandate from its local public health officer in accordance with the July 17, 2020 Framework for re-opening schools.

As stated in the CDE's April 9 2020 updated special education guidance ( https://www.cde.ca.gov/ls/he/hn/specialedcovid19guidance.asp), any in-person services or supports should "seek to comply with federal, state, and local health official's guidance related to physical distancing, with the goal of keeping students, teachers and service providers safe and healthy as the primary consideration". Each LEA will need to monitor current health conditions and determine appropriate measures regarding in-person assessments. Some assessments, or components of assessments, may be conducted virtually, and, in some cases, existing data may be used. As with all assessments, the LEA can work together with parents to determine which assessments are necessary and appropriate in order to evaluate eligibility for special education services.
Are the special education timeline waiver provisions included in Section 8 of Senate Bill 117 (Chapter 3, Statutes of 2020) still in place?
No. On September 18, 2020, the Governor approved Senate Bill (SB) 820 (Chapter 110, Statutes of 2020). Section 56 of SB 820 rendered SB 117, Section 8 inoperative on July 1, 2020. LEAs must adhere to all state and federal special education timelines, including those related to assessments and access to educational records.

Supporting Social-Emotional Wellness
If students are unable to meaningfully engage in distance learning due to social-emotional and/or mental health needs, what support should the LEA provide? What are the state and federal mandates?
Students with disabilities are required to have educational programs that are designed to meet their specific individual needs. IEP teams are required to monitor students for educational progress and revise the IEP for any lack of expected progress toward the student's annual goals and in the general education curriculum (34 C.F.R 300.324 (b)(1)(ii)). Additionally, the IEP team for a student with disabilities whose behavior impedes learning is required to consider the use of positive behavioral interventions and supports (34 C.F.R 300.324 (a)(2)(i)).

In addition, EC 43503 (b) requires that distance learning include several components, including:

(3) Academic and other supports designed to address the needs of pupils who are not performing at grade level, or need support in other areas, such as . . . pupils with exceptional needs . . .

(4) Special education, related services, and any other services required by a pupil's individualized education program pursuant to Section 56341, including the requirements of subparagraph (A) of paragraph (9) of subdivision (a) of Section 56345, with accommodations necessary to ensure that individualized education program can be executed in a distance learning environment.

Further, an LEA's learning continuity and attendance plan required for the 20-21 school year must outline what additional supports will be provided for pupils with exceptional needs served across the full continuum of placements during the period in which distance learning is provided (EC 43509(a)(1)(A), (e), (f)(1)(B)(vi)).
What is the LEA's responsibility to provide educationally related mental health services (ERMHS) services in the IEP while the LEA is providing distance learning?
Supporting social-emotional and mental health needs of students is critical during this time. EC 43503 (b)(4) requires that distance learning include "special education, related services, and any other services required by a pupil's individualized education program pursuant to Section 56341, including the requirements of subparagraph (A) of paragraph (9) of subdivision (a) of Section 56345, with accommodations necessary to ensure that individualized education program can be executed in a distance learning environment." Therefore, the LEA should ensure that the IEP, including ERMHS when required by the IEP, can be executed in a distance learning environment. With that said, LEA's may not be able to provide all services in the same manner that they are typically provided during this COVID-19 pandemic.

According to the United States Department of Education (USDOE) Office of Special Education Program's (OSEP) March 21, 2020 guidance, "[T]hese exceptional circumstances may affect how all educational and related services and supports are provided . . . the provision of [free and appropriate public education (FAPE)] may include, as appropriate, special education and related services provided through distance instruction provided virtually, online, or telephonically . . . schools may not be able to provide all services in the same manner that they are typically provided . . . federal disability law allows for flexibility in determining how to meet the individual needs of students with disabilities. The determination of how FAPE is to be provided may need to be different in this time of unprecedented national emergency." To review OSEP's March 21, 2020 guidance titled " Supplemental Fact Sheet Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities", visit the USDOE website at https://bit.ly/2VdoJn6.

Updated Resources
Has the USDOE issued additional guidance since April 2020? Are there updated resources to support parents, students, families, and LEAs during this time?

Highlighting and sharing best practices from LEAs and educators across the state

Discussing critical parent partnerships and outlining resources for parents of students with disabilities

Addressing critical transitions in special education via distance learning: preschool to K-12 and post-secondary transition

Addressing the behavioral and mental health needs of students

Highlighting strategies to serve students with disabilities that have unique, extensive support needs

The CDE has also been working with Special Education Local Plan Area leads within the state System of Support to develop targeted resources for distance learning. Those resources can be accessed on the following websites:

Earlier Guidance

09-Apr-2020

The United States is currently experiencing a pandemic emergency due to the threat of novel coronavirus (COVID-19). On March 13, 2020, Governor Newsom signed Executive Order N-26-20 requiring the California Department of Education (CDE) to issue guidance on several topics, including ensuring students with disabilities (SWD) receive a free appropriate public education (FAPE) consistent with their individualized education program (IEP) and meeting other procedural requirements under the Individuals with Disabilities Education Act (IDEA) and California law. Initial guidance on services to students with disabilities was provided on March 20, 2020.

The following guidance provides additional information based on questions received by the CDE in recent weeks. We will continue to update the guidance on this web page as necessary in response to any guidance from the U.S. Department of Education or waivers of any laws or regulations pertaining to special education services.

1. Must all Individualized Education Programs (IEPs) be amended to reflect the change to distance learning?

No, not all IEPs will need to be amended. In response to the Governor's Executive Order, schools are physically closed, and local educational agencies (LEAs) are to provide educational services through alternative options such as distance learning. Under this unique circumstance, in the CDE's view it is not necessary for an LEA to convene an IEP team meeting, or propose an IEP amendment without a team meeting, for every student, solely for the purpose of discussing the need to provide services away from school, because that change must necessarily occur due to the COVID-19 pandemic. Similarly, in the CDE's view, it is not necessary for an LEA to obtain the parent's written consent to provide previously agreed-upon services, away from school. The IEP that was in effect at the time of physical school closure remains in effect, and LEAs should, to the greatest extent possible, continue to provide the services called for in those IEPs in alternative ways.

According to the United States Department of Education (USDOE) Office of Special Education Program's (OSEP) March 21, 2020 guidance, "[T]hese exceptional circumstances may affect how all educational and related services and supports are provided . . . the provision of [free and appropriate public education (FAPE)] may include, as appropriate, special education and related services provided through distance instruction provided virtually, online, or telephonically . . . schools may not be able to provide all services in the same manner that they are typically provided . . . federal disability law allows for flexibility in determining how to meet the individual needs of students with disabilities. The determination of how FAPE is to be provided may need to be different in this time of unprecedented national emergency." To review OSEP's March 21, 2020 guidance titled " Supplemental Fact Sheet Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities", visit the USDOE website at https://bit.ly/2VdoJn6.

However, there may be instances when amending the IEP to reflect the change to distance learning might be necessary and/or appropriate. LEAs may convene an IEP team meeting, or propose an IEP amendment without a team meeting, particularly where it is deemed necessary to address unique circumstances related to alternative service delivery. ( See 20 USC 1414 (d)(4)(A); 20 USC 1414 (d)(3)(D); 34 C.F.R. § 300.324.) Parents too may request an IEP meeting or propose an IEP amendment, pursuant to Education Code § 56343, subdivision (c). Some LEAs and parents have agreed to amend the IEP by incorporating a distance learning plan outlining the special education and related services being provided to the student during the temporary, emergency situation created by the COVID-19 pandemic.

At this time, LEAs should necessarily be focused on serving each and every student. OSEP's March 21, 2020 guidance clarifies that "ensuring compliance with the Individuals with Disabilities Education Act . . . should not prevent any school from offering educational programs through distance instruction." The CDE recognizes that due to the emergency situation created by the COVID-19 pandemic, it will take time for LEAs to determine their continuum of services during school site closures and provide information to parents and students about the services being offered. As such, communication and collaboration are vital. It is recommended that LEAs maintain regular communication with parents of students with disabilities about their efforts to transition to distance learning, plans to ensure access for all students, and to identify and address any immediate support needs when feasible.

2. Is an LEA precluded from providing services to students with disabilities in-person or in the home for the purpose of supporting the student in accessing the alternative options for learning being offered?

No. In some exceptional situations, LEAs may need to provide certain supports and services to individual students in-person in order to maintain students' mental/physical health and safety for the purpose of supporting the student in accessing the alternative options for learning being offered (e.g. distance learning). With that said, alternative service delivery options should seek to comply with federal, state, and local health official's guidance related to physical distancing, with the goal of keeping students, teachers and service providers safe and healthy as the primary consideration.

In such cases, service providers may be considered "Essential Critical Infrastructure Workers" under Executive Order N-33-20. To review the list of "Essential Critical Infrastructure Workers", see the California Coronavirus (COVID-19) Response website at https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf.

For example, the list of essential workers in the healthcare/public health sector includes:

3. I'm a parent of a student with a disability and I have questions about my child's IEP. Where can I go for information and support?

Questions about your student's IEP and educational program in light of school site closures and the COVID-19 pandemic should be discussed with your school or district. Schools across the state are responding to the COVID-19 pandemic in different ways, specific to the school's regional context. The CDE encourages parents to reach out to their school or district office to have a conversation about the impact of the pandemic on their student's education and collaborative ways to support the student during this time.

Parents of students with disabilities may also reach out to California's parent organizations offering support and resources to families of students with disabilities. Information on parent organizations can be accessed on the CDE website at https://www.cde.ca.gov/sp/se/qa/caprntorg.asp.

In addition, the Understood.org website is an example of numerous state and national organizations offering practical advice and strategies for parents and caregivers during this crisis. A link to COVID-19 resources for parents and families developed by Understood can be accessed on the Understood.org website at https://www.understood.org/en/school-learning/coronavirus-latest-updates.

4. What should an LEA do if it has closed school sites due to COVID-19 and is unable to meet the obligation to have an IEP or an Individual Family Service Plan (IFSP) in effect for a child transitioning from Part C to Part B no later than the child's third birthday?

34 C.F.R. §§ 300.101(b) and 300.124(b) require that an IEP or IFSP is developed and is being implemented by the third birthday of a child participating in Part C programs and who will participate in Part B preschool programs. The U.S. Department of Education has not waived or exempted this requirement. Either an IEP or IFSP must be developed and implemented by the child's third birthday. To meet this obligation, teams may conduct meetings virtually via telephone, videoconference, or other means.

5. If IEP teams meet virtually while school sites are closed due to COVID-19, how should parent consent be obtained? Is verbal consent sufficient?

34 C.F.R. § 300.9(b) states that "consent" means in part ". . .the parent understands and agrees in writing. . .". Thus, verbal consent alone is not sufficient. However, the IDEA does not specify how written consent must be obtained. Therefore, LEAs that wish to utilize electronic or digital signatures for consent may do so if they choose. Options for electronic signatures or digital signatures could include but are not limited to use of applications such as HelloSign, DocuSign, Adobe Sign, as well as scanned copies or photographs of signed signature pages. For record keeping purposes, it is recommended that LEAs maintain documentation as proof of consent, including printed or mailed copies of signed documents.
For more information on general electronic signature requirements for public agencies in California, please refer to Government Code § 16.5, and Title 2 of the California Code of Regulations, §§ 22000 et seq.

March 20, 2020

The United States is currently experiencing a pandemic emergency due to the threat of novel coronavirus (COVID-19). On March 13, 2020, Governor Newsom signed Executive Order N-26-20 ensuring State funding for Local Educational Agencies (LEA) in the event of physical closure due to the threat of COVID-19. The Executive Order requires the California Department of Education (CDE) to issue guidance on several topics, including ensuring students with disabilities (SWD) receive a free appropriate public education (FAPE) consistent with their individualized education program (IEP) and meeting other procedural requirements under the Individuals with Disabilities Education Act (IDEA) and California law.

At this time, the federal government has not waived the federal requirements under the Individuals with Disabilities Education Act (IDEA). To review guidance from the USDOE titled " Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak," visit the USDOE website at https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-covid-19-03-12-2020.pdf. The CDE and the California State Board of Education (SBE) are working with the United States Department of Education (USDOE) to determine what flexibilities or waivers may be issued in light of the extraordinary circumstances. Until and unless USDOE ultimately provides flexibilities under federal law, LEAs should do their best in adhering to IDEA requirements, including federally mandated timelines, to the maximum extent possible. LEAs are encouraged to consider ways to use distance technology to meet these obligations. However, the CDE acknowledges the complex, unprecedented challenges LEAs are experiencing from the threat of COVID-19. As such, the CDE is committed to a reasonable approach to compliance monitoring that accounts for the exceptional circumstances facing the state.

The CDE appreciates the difficult decisions that LEAs and families are faced with as we grapple with this unprecedented crisis. The CDE has formed a workgroup of special education practitioners and other experts to help brainstorm best practices that we plan to share in the coming weeks. In addition, resources for addressing the needs of students with disabilities are provided in this guidance and in the CDE's guidance on distance learning at https://www.cde.ca.gov/ls/he/hn/guidance.asp. We will update this guidance as necessary in response to any guidance from the U.S. Department of Education or waivers of any laws or regulations pertaining to special education services.

The following answers to frequently asked questions received by the CDE provides guidance on topics relevant to serving students with disabilities.

1. If an LEA offers distance learning for instructional delivery in lieu of regular classroom instruction during a school site closure for students, what is the obligation to implement the IEP for students with disabilities?

As a result of Governor Newsom's Executive Order N-26-20, schools will receive funding to continue delivering educational opportunities to students to the extent feasible through, among other options, distance learning and/or independent study. When an LEA continues to provide educational opportunities to the general student population during physical school site closures, the LEA must ensure that students with disabilities have equitable access to comparable opportunities, appropriately tailored to the individualized need of a student to ensure meaningful access, as determined through the IEP process to the extent feasible.

If the LEA can continue providing special education and related services as outlined in the IEP, or an agreed upon amendment to the existing IEP, through a distance learning model, they should do so. The LEA can also consider alternative service delivery options such as in-home service delivery, meeting with individual students at school sites, or other appropriate locations to deliver services. Further, LEAs are encouraged to work collaboratively with Nonpublic Schools and Agencies (NPS/As) to ensure continuity of services, including moving to virtual platforms for service delivery to the extent feasible and appropriate.

These alternative delivery options should seek to comply with federal, state, and local health official's guidance related to social distancing, with the goal of keeping students, teachers and service providers safe and healthy. Teachers and specialists should work collaboratively to ensure instruction is accessible for the student based on the student's individualized needs. Given the unprecedented situation created by the threat of COVID-19, exceptional circumstances may affect how a particular service is provided under a student's IEP. In such a situation, the IEP team will need to make individualized decisions regarding whether compensatory services are required when the regular provision of services resumes.

Further guidance on distance learning, including considerations for students with disabilities, can be accessed on the CDE website athttps://www.cde.ca.gov/ls/he/hn/guidance.asp.

2. What is considered equitable access for students with disabilities?

When an LEA provides services to students during a school site closure, the LEA must provide equitable access to those services for students with disabilities, with services appropriately tailored to the individualized needs of students, to the greatest extent possible. When LEAs are providing instruction through a distance learning model to replace what would have been provided in the classroom, LEAs must create access to the instruction for students with disabilities, including planning for appropriate modifications or accommodations based on the individualized needs of each student and the differences created by the change in modality (e.g. virtual vs. classroom-based). Educational and support services provided should be commensurate with those identified in the IEP for each student to ensure educational benefit.

For example, LEAs may consider the use of accessible distance technology, instructional phone calls, and other curriculum-based activities that have been scaffolded based on student need. More information on accessibility and distance learning can be accessed on the CDE website at https://www.cde.ca.gov/ls/he/hn/appendix2.asp.

In some cases, it may be appropriate for LEAs to consider providing classroom-based instruction to small groups of students with disabilities that have extensive support needs, despite the fact that the school site has closed, consistent with federal, state, and local health directives related to COVID-19. Alternative service delivery options should seek to comply with federal, state, and local health official's guidance related to social distancing, with the goal of keeping students, teachers and service providers safe and healthy. There is no single service delivery method that will meet the needs of every student. Therefore, LEAs should consider employing a variety of service delivery options. The CDE has convened a work group of special educators to develop more specific guidance for operationalizing such strategies, including examples from California LEAs.

3. If distance learning is provided in some capacity but does not mirror the offer of FAPE in the IEP, will compensatory services be required once an LEA resumes the regular school session?

Once the regular school session resumes, LEAs should plan to make individualized determinations, in collaboration with the IEP team, regarding whether or not compensatory education and services may be needed for a student. Educational need can be measured by assessing whether or not the student continued making progress in the general education curriculum, or alternative course of study specified in their IEP, or toward meeting their individualized IEP goals and/or if any regression occurred during the period of school site closure.

4. Is the CDE encouraging continued utilization of and payment to Nonpublic Schools and Agencies (NPS/As)?

Yes. California NPS/As provide critical programs and related services to students with disabilities. LEAs should work collaboratively with NPS/As to ensure continuity of services, including moving to virtual platforms for service delivery to the extent feasible and appropriate. In an effort to ensure that the full continuum of placements and service delivery options remains available to students and LEAs subsequent to these unprecedented school site closures, CDE encourages LEAs to continue to use the services of NPS/As during school site closures, including distance learning options made available by NPS/As, so that NPS/As may continue to receive payment in accordance with pupils IEPs and the Master Contracts/Individual Service Agreements between LEAs and NPS/As.

5. When school sites are closed and no services or instruction are being provided for a period of time, can LEAs consider providing some special education services to some students? How should LEAs determine what services can or should be provided?

Yes. To be clear, CDE is not recommending this as an option. Consistent with Executive Order N-26-20, LEAs are continuing to receive ADA funding during school site closures so they will continue to provide services to all students, including students with disabilities. Should services be discontinued for a period of time, LEAs and IEP teams would be required to make an individualized determination as to whether compensatory services are needed once services resume.

At this uncertain time, it is imperative to keep the safety of students as the primary consideration for every decision made. As LEAs strive for equitable supports and services for students, in some exceptional situations, LEAs may need to provide certain supports and services to individual students with extensive support needs in order to maintain their mental/physical health and safety. The LEA may provide such services, even if the services are not available to all students with disabilities during a school site closure. As such, LEAs should make individualized determinations about the need to provide services to ensure the mental/physical health and safety of a student with a disability, even during a school site closure, if those services are able to be provided consistent with federal, state, and local health directives.

6. How will state and federal grants be impacted by school site closures (e.g. Alternative Dispute Resolution, Workability, Supporting Inclusive Practices, etc.)?

Federal and state grants already funded should continue with their program deliverables. In cases where grant deliverables cannot be provided, grantees should work with their CDE program and fiscal contact to determine next steps. If grants have scheduled in-person conferences, institutes, training, or workshops they should be rescheduled or delivered virtually. Any grant amendments or change in due date for expenditure reports will need to be done on a case by case basis due to the specific requirements of funding sources.

7. What is the impact of school site closures on special education monitoring timelines and processes?

At this time, the federal government has not waived the federal requirements under the IDEA. However, giventhe complex, unprecedented challenges LEAs are experiencing from the threat of COVID-19,the CDE is committed to a reasonable approach to compliance monitoring that accounts for the exceptional circumstances facing the state. If an LEA is having difficulty meeting timelines or has questions related to timelines, please contact your regional Intensive Monitoring Consultant. A list of regional consultants is available at https://www.cde.ca.gov/sp/se/qa/fmtacncnt.asp.

8. What is the impact of school site closures on state complaints and due process hearings under the IDEA?

Regarding the state complaint process, in light of widespread school site closures and the inability of LEAs to meaningfully respond to complaint investigations, the CDE will be extending current complaint investigation timelines for good cause by the length of any school site closure during the stated emergency. It is anticipated that once LEAs reopen and are available to participate in the investigation process, the 60-day timeline will recommence and both the complainant and LEA will be notified. The CDE will continue to receive complaints that allege violations of the IDEA and complainants will be notified of any delay that may impact the investigation.

Currently, California's system for due process hearings and mediation through the Office of Administrative Hearings (OAH) remains operational, although some processes and/or timelines may be impacted by widespread school site closures and in order to maintain compliance with federal, state, and local health directives related to COVID-19. Updated information on the impact of COVID-19 on special education due process hearings can be accessed on the OAH's website athttps://www.dgs.ca.gov/OAH/Case-Types/Special-Education/Resources/SE-Coronavirus-Update/#@ViewBag.JumpTo.

9. What is the impact on services to students with disabilities served by Part C of the IDEA?

For information related to the impact of the COVID-19 response on services to students with disabilities, ages 0 to 3, served under Part C of the IDEA, please visit the California Department of Developmental Services website athttps://www.dds.ca.gov/corona-virus-information-and-resources/

In addition, IDEA Part C and COVID-19 are addressed in guidance from the USDOE's Office of Special Education Programs, which can be accessed on the USDOE website at https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/qa-covid-19-03-12-2020.pdf.

10. Where can I find more guidance and resources related to serving students with disabilities, distance learning, and online accessibility?

Questions: California Department of Education | 916-319-0800

Last Reviewed: Tuesday, March 29, 2022

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This page contains information pertaining to school closures and services to students with disabilities.

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CDE Assessments during COVID-19 (9.29.20)

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CDE: Implications of COVID-19 & the Suspension of Testing

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CDE: Implications of COVID-19 & the Suspension of Testing

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10.29.2020

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CAASPP & ELPAC Guidlines for Physical Distancing Test Administration (CDE 8.3.2020)

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CAASPP & ELPAC Guidlines for Physical Distancing Test Administration (CDE 8.3.2020)

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Teaching Channel Foundational Literacy & Newcomers

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Teaching Channel Foundational Literacy & Newcomers

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ELA.RI.9-10.10

Common core State Standards

ELA: English Language Arts

RI: Reading Standards for Informational Text 6-\x80\x9312

9-10: 9th & 10th Grades

10:
By the end of grade 9, read and comprehend literary nonfiction in the grades
9â-10 text complexity band proficiently, with scaffolding as needed at the high
end of the range.

By the end of grade 10, read and comprehend literary nonfiction at the high
end of the grades 9-10 text complexity band independently and proficiently.

Download Common Core State Standards (PDF 1.2 MB)

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Discussion and Supporting Materials

Thought starters

1. How are students building literacy skills throughout the lesson?

2. |How does Mr. Maldonado encourage students to use visual representations and gestures to communicate ideas?

3. How does Mr. Maldonado use formative assessment throughout the lesson?

School Details

S.F. International High School
1050 York Street
San Francisco CA 94110

Data Provided By:

Teachers

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Foundational Literacy Skills with Newcomers

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Christopher Maldonado teaches a high school literacy class for ELL students with interrupted education. In this lesson, students are working on phonics, fluency practice, and a reading guide focused on a text about Frida Kahlo. Christopher begins the class with an opening question related to the text they've been reading.

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Q&A Inclusion of ELs (U.S. Dept. of Ed. 2016-2017)

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Q&A Inclusion of ELs (U.S. Dept. of Ed. 2016-2017)