• Making decisions about the content of a student’s IEP, including whether a student must take a regular state assessment with or without appropriate universal tools, designated supports and/or accommodations, or an alternate assessment in lieu of the regular assessment. • Developing an IEP for each student with a disability, including each EL with a disability, at an IEP team meeting, which includes school officials and the child’s parents/guardians. The Individuals with Disabilities Education Act (IDEA) regulation in Code of Federal Regulations, Title 34, (34 CFR ) Section 300.321(a) specifies the participants to be included on each child’s IEP team. It is essential that IEP teams for ELs with disabilities include persons with expertise in English language acquisition and other professionals, such as speech-language pathologists, who understand how to differentiate between English proficiency development and a disability. • Ensuring that ELs’ parents or guardians understand and are able to meaningfully participate in IEP team meetings at which the child’s participation in the annual state ELP assessment is discussed. If a parent whose primary language is other than English is participating in IEP meetings, the IDEA regulations require each public agency to take whatever action necessary to ensure that the parent understands the proceedings of the IEP team meeting, including arranging for an interpreter (34 CFR Section 300.322[e]). When parents themselves are ELs, Title VI of the Civil Rights Act of 1964 also requires that the LEA effectively communicate with parents in a manner and form they can understand, such as by providing free interpretation and/or translation services. • Ensuring that all ELs, including those with disabilities, participate in the annual state ELP assessment, with or without universal tools, designated supports, and accommodations or take an appropriate, locally determined alternate assessment, if necessary (ESSA Section 1119[b][7] and IDEA Section 612[a][16][A]). An IEP team cannot determine that a particular EL with a disability should not participate in the annual state ELP assessment . However, IEP teams can make the determination, on a student-by-student basis, that an alternate assessment to the ELP be administered. The scores or performance levels are a part of the information considered by the team to develop linguistically appropriate goals ( EC sections 56341.1[b] and 56345[b][2]). Alternate ELPAC English learners with the most significant cognitive disabilities represent a diverse population of students in kindergarten through grade twelve, inclusive of students up to age 22 who continue to be eligible for special education and ELD services. A wide variety of language and disability related needs and alternate ways of communicating require careful thinking about how to measure the ELP needed to communicate in social and academic contexts. ELs with the most significant cognitive disabilities must have access to instruction and assessment aligned with adapted grade- level academic standards.
Chapter 4 – Instructional Planning and the IEP, Desert Mountain SELPA As of 04/18/2025 CAHELP Steering Committee Review
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