A New York Parent's Comprehensive Guide to Bilingual Special Education and Evaluations
Navigating the special education system can be complex for any parent, but for families raising a child who is also a multilingual learner (ML), the process introduces additional layers of considerations and rights. In New York State, laws and regulations are in place to ensure that students with disabilities who speak languages other than English receive appropriate evaluations and services that respect their linguistic and cultural background. This guide aims to empower New York parents with the knowledge and steps needed to advocate effectively for their children in bilingual special education.
Understanding Bilingual Special Education
Bilingual Special Education is designed for students who have a disability and whose native language is not English. The goal is to provide special education services while simultaneously supporting their native language development and English language acquisition. This approach recognizes that a child's linguistic background is an asset and that assessments and instruction must be culturally and linguistically appropriate to accurately identify needs and deliver effective interventions.
The Evaluation Process: A Parent's Guide
The journey begins when a parent or school personnel suspects a child may have a disability that impacts their learning.
- Initial Concerns and Referral: If you, as a parent, have concerns about your child’s academic performance, behavior, or development, you have the right to refer them for a special education evaluation. This referral should be made in writing to your child's school principal or the Committee on Special Education (CSE) chairperson.
- Consent for Evaluation: Once a referral is made, the school district must obtain your informed written consent before conducting any evaluations. You have the right to understand what evaluations will be conducted, why, and in what language.
- The Evaluation Team: A multidisciplinary team will conduct various assessments. For multilingual learners, this team must include professionals who can accurately assess the child's abilities without the results being skewed by language barriers or cultural differences.
Native Language Evaluation: A Core Right
One of the most critical aspects of special education for multilingual learners is the right to an evaluation in their native language. This is not merely a courtesy; it is a legal requirement designed to ensure that a child's disability is accurately identified, rather than misinterpreted as a language acquisition issue.
Why is a native language evaluation crucial?
Administering tests in a language the child is not proficient in can lead to inaccurate results, potentially misidentifying a child as having a learning disability when they are simply struggling with English. Conversely, it could mask a genuine disability if the child’s struggles are solely attributed to language acquisition. A proper native language evaluation helps differentiate between a language barrier and an actual learning disability.
NYSED Part 200 Regulations:
New York State Education Department (NYSED) regulations are clear on this. Part 200.4(b)(5) states that:
- “Procedures for determining whether a student has a disability and the nature and extent of the special education and related services that the student needs must be non-discriminatory and include:
(i) procedures to ensure that tests and other evaluation materials selected and administered so as not to be discriminatory on a racial or cultural basis are provided and administered in the student’s dominant language or communication mode; [...]
(iii) tests and other evaluation materials are selected and administered so as to ensure that when a test is administered to a student with impaired sensory, manual or speaking skills, the test results accurately reflect the student’s aptitude or achievement level or whatever other factors the test purports to measure, rather than the student’s impaired sensory, manual or speaking skills, unless those skills are the factors that the test purports to measure; and
(iv) no single procedure is used as the sole criterion for determining whether a student has a disability or for determining an appropriate educational program for the student.”
What if the District Claims "We Don't Have a Bilingual Evaluator"?
This is a common concern raised by school districts, but it does not absolve them of their legal responsibility. The district is legally obligated to provide a native language evaluation. You, as a parent, should not accept the district's claim that they lack the resources as a reason to delay or deny this critical evaluation.
Here’s what you should do:
- Document All Communication: Keep a detailed record of all conversations, emails, and letters with school district personnel regarding your request for a native language evaluation and their response.
- Submit a Written Request: Formally request in writing that your child be evaluated in their native language, citing your rights under NYSED Part 200.4(b)(5). State that if the district cannot provide such an evaluation internally, they must arrange for one externally.
- District's Responsibility: The district has several options when they claim a lack of internal bilingual evaluators:
- Hire or Contract: They must actively seek and contract with a qualified bilingual evaluator or agency to conduct the necessary assessments.
- Provide an Independent Educational Evaluation (IEE) at Public Expense: If the district cannot or will not provide an appropriate native language evaluation themselves, they are obligated under NYSED Part 200.5(b)(7) to fund an Independent Educational Evaluation (IEE) conducted by an outside, qualified bilingual professional chosen by you, the parent. The district must inform you of this right. If the district disagrees with the IEE, they must initiate a due process hearing without unnecessary delay to show that their evaluation was appropriate. However, pending the outcome of that hearing, you have the right to an IEE at public expense.
- Do Not Consent to English-Only Evaluation: Unless you are fully convinced that an English-only evaluation would accurately reflect your child's abilities without linguistic bias, do not give consent for one if a native language evaluation is warranted and requested.
- Seek Advocacy or Legal Support: If the district continues to deny or delay a native language evaluation, contact an educational advocate, a parent training and information center, or legal services specializing in special education. They can help you understand your rights and represent you in discussions or due process proceedings.
Developing the IEP (Individualized Education Program)
Once evaluations are complete and your child is found eligible for special education services, an Individualized Education Program (IEP) will be developed. For multilingual learners, the IEP must specifically address their linguistic needs.
- Language of Instruction: The IEP should specify the language(s) of instruction and services, which may include bilingual special education teachers, bilingual related service providers (e.g., speech therapists), and access to bilingual resources.
- English Language Learner (ELL) Services: The IEP must integrate ELL services with special education services, ensuring they are complementary and not provided in isolation.
- Cultural Considerations: The IEP should reflect an understanding of the child's cultural background and how it impacts their learning.
- Goals and Objectives: Goals should be measurable and realistic, taking into account both the disability and the process of language acquisition.
- Placement: The CSE determines the least restrictive environment (LRE) for your child. This means ensuring your child is educated with non-disabled peers to the maximum extent appropriate, while also receiving the necessary bilingual special education support.
Parental Rights and Advocacy
As a parent, you are a crucial member of the CSE team and have significant rights throughout the special education process.
- Prior Written Notice: You must receive written notice before the school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of your child.
- Consent: Your informed written consent is required for initial evaluation, initial provision of services, and reevaluations.
- Access to Records: You have the right to inspect and review all educational records related to your child.
- Independent Educational Evaluation (IEE): As mentioned, if you disagree with the school district's evaluation, you have the right to an IEE at public expense.
- Due Process: If you and the school district cannot agree on an issue, you have the right to request an impartial hearing.
- Importance of Documentation: Keep copies of all correspondence, meeting notes, evaluations, and the IEP. This documentation is invaluable if disputes arise.
- Seek Support: Don't hesitate to seek help from parent advocacy groups, non-profit organizations, or legal aid services specializing in special education. These resources can provide guidance, attend meetings with you, and help you navigate the system.
Empowering yourself with knowledge about your rights and responsibilities is the first step in ensuring your child receives the appropriate bilingual special education services they need to thrive. Remember, your child's linguistic background is a strength, and with proper support, they can achieve their full potential.