Page 59 - 2016 Handbook FINAL 4.18.16

APPENDIX K: (4) Provision of Service to Student Who Are Both English
Learners and Eligible for Special Education Support

According to Federal laws, including the Vocational Rehabilitation Act, the Civil Rights Act, and IDEA
2004, individuals with disabilities cannot be excluded from or denied the benefits of programs or
activities supported with federal funds solely on the basis of their disability. Therefore, students with
disabilities who are also English Learners have the right to participate in both English Language
Development Programs and/or Services as well as Special Education Programs and/or Services. In other
words, a school district may not automatically exclude such students from either type of program/and or
service. Rather, decisions about how to provide programs and services to meet the student’s unique
needs must be made on an individualized basis.

A variety of factors should be considered in developing coordinated SE-ELD services for the student:

• The learner’s disability.
• The learner’s current stage of English acquisition, proficiency level, and corresponding ELD
service level.
• Effects of the certified disability on the student’s ability to benefit from ELD service.
• Scheduling that balances all support services and provides the most appropriate and inclusive
educational opportunity.

ELD Service Options:

At all grade levels:

• ELD service at or below the number of minutes recommended in the ELD Handbook
• Monitoring, collaboration and consultation in place of direct service

At the elementary level:

• Push-in English language intervention
• Pull-out English language development instruction

At the middle school level:

• Transitional Language Arts classes
• Content area or English language tutoring

At the high school level:

• ELD Language Arts classes
• Language Support classes
• EL Tutorial class
• Individual content-tutoring

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