Maine keynote 2015

© 2015 Dr. Catherine Collier
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Separating Difference and
Disability for Diverse
Learners
Dr. Catherine Collier
@AskDrCollier
catherine@crosscultured.com
www.crosscultured.com
www.Slideshare.net

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Rate of English Language Learner Enrollment
in Maine 1999 – 2010 Grades K-12
-20.0%
-10.0%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
1999-2000
2000-01
2001-02
2002-03
2003-04
2004-05
2005-06
2006-07
2007-08
2008-09
2009-10
ELL Enrollment
Total Enrollment

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5.80%
2.50%
.6%
12.90%
4.40%
.10%
LD EBD AS
NonELL ELL
Disproportionality WA

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Definitions
The concept of
things that
particular people
use as models of
perceiving,
relating, and
interpreting their
environment.
Difficulty in
perceiving and
manipulating
patterns in the
environment,
whether patterns
of sounds,
symbols, or
numbers.
The process by
which individuals
perceive, relate to,
and interpret their
environment.
Culture CognitionLearning Disability

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According to Burr & Ferriere
(2015), two factors have been
widely identified across schools,
districts, and states that lead to
inconsistent identification of EL
students who may have learning
disabilities;
1) a lack of understanding
among teachers about why
English Learner (EL) students
are not making adequate
progress, and
2) poorly designed and
implemented referral
processes.

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ELL Representation Patterns
• Students in English
immersion programs
are referred at higher
rates than those in
bilingual programs.
• ELLs who are “parent
waivers” are the most
likely to be referred and
placed.

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THE BASICS OF BEING HUMAN
Sensory abilities, linguistic wiring, genetic and biologic
heritage, innate abilities, etc.
ENCULTURATION
Perceptions, social and behavior patterns,
language, values, etc. learned from caregivers.
ACCULTURATION
Perceptions, social & behavior patterns,
language, etc. learned from interaction with
new group(s).
INDIVIDUAL
Unique experiences,
insights, personal
reflections.
Ways we are less
like other people.
Ways we are
more like other
people.

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Jargon for Dual labeled
• ELWSN
• ELSWD
• ELSE
• ELwE
• EALSWD
• CLDE

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What we know
• We need to know
more than what
works…..
• We need to know
what works with
WHOM

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Cultural Context

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Cultural Context: Acculturation
Heightened Anxiety
Inattention
Confusion in Locus of Control
Withdrawal
Silence/unresponsiveness
Response Fatigue
Code-switching
Distractibility
Resistance to Change
Disorientation
Stress Related Behaviors
Culture Shock

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The Intensity of Culture
Shock is Cyclical
Anticipation
Phase
Spectator
Phase
Increasing
Participation
Phase
Shock
Phase
Adaptation
Phase
Anticipation
Phase
Spectator
Phase
Increasing
Participation
Phase
Shock
Phase
Adaptation
Phase
Highly
Engaged
Level
Moderately
Engaged
Level
Normal
Intensity of
Emotions
Moderately
Depressed
Level
Greatly
Depressed
Level
Families as well as students

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Cultural context: Culture Shock
Cycle
Voluntary minorities such as Chinese
immigrants to America generally
consider education to be an important
route to succeeding in society and are
less concerned with prejudice and
discrimination, as opposed to
involuntary minorities such as African
Americans.
(Ogbu & Simons, 1998).

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Linguistic Context

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Linguistic Context: Krashen’s Critical Elements
for Language Acquisition
1. Provide Comprehensible
Input in Target Language
2. Lower the Affective Filter
3. Maintain Subject Matter
Education
4. Maintain and Develop
Student’s Base Language

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Language Learning is Subtle
Veverička Veverica

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Growth in Native Born LEP
40%
40%
20%
First Generation Second Generation Third + Generation

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Linguistic Context:
The Deadly Plateau
• Texts are frequently at i + 10,
not i + 1
• Growth in reading and
academic achievement levels
off
• Motivation decreases

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LD Behaviors SLA Behaviors
Difficulty following directions Difficulty following directions in English
Difficulty with phonological
awareness
Difficulty distinguishing between
unfamiliar sounds
Slow to learn sound/symbol Confusion with sound/symbol
correspondence in English
Difficulty remembering sight words Difficulty remembering sight words
when unfamiliar with meaning
Difficulty retelling a story in sequence May understand more than can say in
English

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Legal Context
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Policy Driving Practice
• The evaluation team may not identify a student as disabled if the
discrepancy is primarily the result of an environmental, cultural, or
economic disadvantage.
• Tests must be selected and administered so as not to be discriminatory
on a racial or cultural basis;
• A child shall not be determined to be a child with a disability if the
determinant factor for such determination is--
» lack of scientifically based instruction practices and programs
that contain the essential components of reading instruction
» lack of scientifically based instruction practices and programs
that contain the essential components of instruction in math; or
» limited English proficiency.

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“Impermissible” 2015
• School districts having a formal or informal
policy of “no dual services,” i.e., a policy of
allowing students to receive either EL services
or special education services, but not both.
• Districts having a policy of delaying disability
evaluations of EL students for special
education and related services for a specified
period of time based on their EL status.

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IEP Development for EL Students
IEP must include:
• Specific interventions which
address special education needs,
• Specific language acquisition
interventions which address the
EL student’s L2 goals within
context of his/her special
education needs,
• Identification of service
providers responsible for
implementing and monitoring the
integration of these services, and
• The time limits and scheduled
specific re-evaluation formats,
dates, and meetings.
§300.324(a)(2)(ii)
• With respect to a child with limited English
proficiency, the IEP team shall consider the
language needs of the child as those needs
relate to the child’s IEP, when:
– the team develops the child’s IEP, and
– the team conducts a meeting to review
and, if appropriate, revise the child’s
IEP.
• In considering the child’s language needs (as
they relate to the child’s IEP), if the IEP
team determines that the child needs a
particular device or service … the IEP team
must include a statement to that effect in the
child’s IEP.
• For a LEP child with a disability, the IEP
must address whether the special education
and related services that the child needs will
be provided in a language other than
English.

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IEP Development for EL (CLD)
Students
Team members must
include:
1. Parents
2. Regular Educ teacher of
student
3. Special Educ teacher of
student
4. Agency representative w/
specific qualifications
5. A person who can interpret
the instructional
implications of evaluation
results
6. At discretion of
parent/agency, individuals
who have knowledge or
special expertise regarding
the student
From the Director of OSEP/OSERS
“Certainly, it would
be a best practice to
include the
participation of an
ELL teacher in the
development of the
IEP of a child who is
LEP…”
ELL teacher

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Legal Context: Language & Culture
If the native language or other mode of
communication of the parent is not a
written language, the public agency
must take steps to ensure...
• that the notice is translated orally or by
other means to the parent in his or her
native language or other mode of
communication;
• that the parent understands the content
of the notice; and
• that there is written evidence that these
two requirements have been met.

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Problem Solving with Progress Monitoring
Identify
Problem
Measure
the
problem
Set goals
Brainstorm
interventions
Plan
intervention
setting
Implement
intervention
Monitor
response to
intervention
Analyze
response
patterns
Is there a discrepancy
between current &
expected performance?
Why & to what extent
is there a problem?
By how much should
the student grow?
What will be done to
resolve the problem?
By how much should
the student grow?
Did it work? What do
we do next?
How & when will the
intervention strategy
be implemented?

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Problem Solving Elements
1. Early, high‐quality, scientific research‐based
interventions
2. Continuous monitoring of student performance
and progress during interventions
3. Use of response data to change the intensity or
type of subsequent interventions
4. Parents and families informed and involved in
team decision making throughout the
intervention process

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Tier 3
Tier 2
Tier 1
Tier 1
Tier 2
Tier 3
Lots of models of Multi-Tiered Systems
of Support (RTI/RTII)
Level I
Consultation
Between
Teachers-Parents
Level II
Consultation
With Other
Resources
Level III
Consultation with
the Problem Solving
Action Team
Level IV
IEP
Consideration
Tier 4
Tier 3
Tier 2
Tier 1

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Eight Challenges to MTSS/RTI for ELL & CLD
1. Difficulties with policy guidelines.
2. Different stakeholder views about timing
for referral of students who are English
language learners.
3. Insufficient knowledge among personnel
involved in identification.
4. Difficulties providing consistent, adequate
services to students who are English
language learners.

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Eight Challenges to MTSS/RTI for ELL & CLD
5. Difficulty obtaining students’ previous school
records.
6. Lack of collaborative structures prior to
referral.
7. Lack of access to assessments that
differentiate between second language
development and learning disabilities.
8. Lack of consistent monitoring for struggling
students who are English language learners.

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Target ELL
Student
Discrepancy 1: Skill
Gap (Current
Performance Level)
Avg Classroom Academic
Performance Level
Ala ‘Dual-Discrepancy’: RTI Model of
Learning Disability (Fuchs 2003)
Discrepancy 2:
Gap in Rate of
Learning (‘Slope
of Improvement’)
For CLD/ELL
Students!!!
For CLD/ELL
Students!!!

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Six Things that Work in MTSS/RTI for CLD & ELL
1. Adequate Professional Knowledge
2. Effective Instruction
3. Valid Assessments
4. Strategy Fitness & Effective
Interventions
5. Collaboration Between District
Departments
6. Clear Policies

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Fitness Example = Strategies For
Level of Acculturation & Language
• Phonological differences
– “bitch” vs “beach”
– /θ/ vs /t/ and /d/
– /l/, /r/, /ł/
– Points of articulation
• Language Supports
– Home language
• Take homes
• Bilingual peers
• Bilingual aide
• Language games
– Schooled language
• Online supports
• Bilingual texts
• Transitional scaffolding
– English
• Cognates vocabulary games
• Wordless picture books
• Level/Rate of Acculturation
– AQS 8-14 = TPR, modeling, L1
support, demonstrations
– AQS 15-22 = context embedding, L1
scaffolding, guided practice
– AQS 23-29 = advanced organizers,
role-playing, leveled readers
– AQS 30-36 = active processing,
analogies, expansions, TQLR
– AQS 37-43 = evaluation, rehearsal,
self-monitoring, choices
– AQS 44-48 = cognitive learning
strategies, cross-cultural
competence, bilingual strategies

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7 Steps for Separating Difference
& Disability
Step 1 Build & Sustain a Foundation for Learning
Step 2 Establish & Support Resiliency
Step 3 Differentiate Instruction & Intervention
Step 4 Monitor Instruction & Intervention
Step 5 Resolve or Refer
Step 6 Integrate Services & Cross-cultural IEPs
Step 7 Maintain Staff & Programs Serving CLDE

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Thank you! Come visit us at
www.crosscultured.com
• Over 45 years experience.
• Research on impact of acculturation
on referral & placement of CLD
students.
• Research on effectiveness of specific
cognitive learning strategies for
diverse learners.
• Classroom teacher, diagnostician,
faculty, administrator.
• Social justice advocate, author &
teacher educator.

Maine keynote 2015

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