Children with Limited English Proficiency

• Disproportionate representation

• Data collection

• Monitoring priority

• Assessments in language and form most likely to yield accurate information on what child knows and can do academically, developmentally and functionally

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Speaker Notes:

New requirements have been added to IDEA 2004 relating the children with LEP, including requirements such as:

Section 613(a)(23) - Over identification and Disproportionality: Requires States to have policies and procedures to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity.

Section 614(a)(3) - Evaluation Procedures: Requires assessments to be administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally and functionally.

Section 616(a)(3) - Monitoring Priorities: States and LEAs must be monitored around disproportionate representation of racial and ethnic groups in special education.

Section 618(a)(1)(A) - Program Information (data): States must provide data each year on the number and percentage of children with disabilities by limited English proficiency status receiving FAPE, participating in regular education, in separate classes, separate schools or facilities, or public or private residential facilities, program completion and reasons, removals to interim alternative educational settings and acts precipitating removals, and long term suspensions and the incidence and duration of disciplinary actions including suspensions of one day or more.