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November 12, 2014 Dear Colleague LetterThis joint guidance, issued by the U.S. Dept. of Justice and the U.S. Dept. of Education, explains how public schools must apply both the IDEA analysis and the Title II effective communication analysis in determining how to meet the communication needs of an IDEA‐eligible student with a hearing, vision, or speech disability.
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Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary SchoolsThe Civil Rights Division of the U.S. Department of Justice and the U.S. Department of Education’s Office for Civil Rights issued this document to explain to public schools their responsibility to ensure that communication with students with hearing, vision, or speech disabilities is as effective as communication with all other students. The above November 12, 2014 Dear Colleague Letter accompanies this document.
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January 7, 2015 Dear Colleague Letter regarding English Language LearnersThe Office for Civil Rights (OCR) at the U.S. Department of Education (ED) and the Civil
Rights Division at the U.S. Department of Justice (DOJ) share authority for enforcing Title VI in the education context. DOJ is also responsible for enforcing the Equal Educational Opportunities Act (EEOA). The Departments issued this joint guidance to assist SEAs, school districts, and all
public schools in meeting their legal obligations to ensure that EL students can participate
meaningfully and equally in educational programs and services. The topics of Evaluating ELL Students for Special Education Services and providing Special Education and English Language Services is found on page 24 of the document. -
June 14, 2016 Dear Colleague LetterThis guidance, issued by the U.S. Department of Education Office of Special Education Programs (OSEP), addresses the extent to which IEPs of children with disabilities must be translated for parents under Title VI of the Equal Educational Opportunities Act of 1974 (EEOA).
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Questions and Answers Regarding Inclusion of English Learners with Disabilities in English Language Proficiency Assessments and Title III Annual Measurable Achievement ObjectivesThis document was issued by the U.S. Department of Education and is intended to help States and Local Education Agencies address the challenges of developing and administering English language proficiency (ELP) assessments, and more broadly, to understand how Part B of the Individuals with Disabilities Education Act (IDEA) and Titles I and III of the Elementary and Secondary Education Act of 1965 address the inclusion of English Learners with disabilities in annual State English Language Proficiency assessments.
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Washington Administrative code relevant to Language Access and ELL:
- WAC 392-172A-01062; English Learner.
- WAC 392-172A-01120; Native language.
- WAC 392-172A-03020; Evaluation procedures.
See (3)(a)(ii): Each school district must ensure that assessments and other evaluation materials used to assess a student are provided and administered in the student’s native language or other mode of communication and in the form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer - WAC 392-172A-03100; Parent participation.
Refer to (7): The school district must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.