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Screening, Identifying, and Connecting

Screening, Identifying, and Connecting Students to Supports and Services

As with any other student, school districts must determine whether newcomer immigrant and refugee students are eligible to participate in programs supported with local, State, and Federal funds, including English learner services and services for children with disabilities. Districts also must work with students and families to determine appropriate school and course placements and connect students with other available services and supports. This chapter provides additional information and best practices for school districts to consider as they work in partnership with students and families at this critical point in their student’s educational experience.

Principles: Cultivating Welcoming and Belonging and Leading with an Asset Mindset

Questions to Ask

  • How can you find out more about the assets of the families joining your community? How can you embrace these assets and bring them to the center of your school community?
  • What issues are you facing that families/community leaders may have insight into?
  • Are community members at the table when you make decisions? Who has the “loudest voice?”
  • Does your approach to serving students and families recognize their strengths and assets, including emerging bilingualism or multilingualism, family engagement, and more?
  • How are you engaging both students and families in a language they can understand? Do parents and caregivers have the language support they need to understand their legal rights to programs and services?
  • Do you have a proactive partnership with students and families to understand a student’s educational history and goals, understand and recognize their competencies, and make the most appropriate course and grade placements?

Screening and Identifying Students Eligible for Federal, State and Local Programs and Services

All students are eligible to participate in programs supported with local, State, and Federal funds, including English learner services and services for children with disabilities. However, districts may want to make note of the following requirements during the enrollment and registration process.

Identifying and Serving English Learners

Many students who are immigrants and/or refugees may qualify for English learner services under state and federal law. USED and DOJ have developed collaborative guidance around federal law in this area, detailed in a joint Dear Colleague letter. Furthermore, extensive information about serving English learners in Wisconsin can be found in DPI’s English Learner Policy Handbook.

While districts will want to access these resources as part of their overall efforts to serve English learners, districts must adhere to following requirements with respect to identifying and serving English learners within the first 30 days of enrollment:

  • LEAs are required, to the extent practicable, to communicate with parents or caregivers in a language they can understand.
  • Districts must administer a Home Language Survey (HLS) to all newly enrolling students;
  • If warranted, districts must conduct English Language proficiency screening;
  • Within 30 days of enrollment, districts must make final EL determinations based on the EL proficiency screening and other relevant evidence.
  • Districts must inform caregivers of their child's eligibility for participation in a Language Instruction Educational Program (LIEP).

Parental Notification of EL Services

USED has additional requirements for notification to parents of English learners. Districts must provide parents resources that communicate:

  • the purpose of the Home Language Survey (HLS) and what it can and cannot be used for;
  • how to complete the HLS;
  • the steps in the identification process;
  • parents’ rights to translators and interpreters
    • translation and interpreting services should be posted clearly in both English and the most commonly used languages within the district
    • if oral interpretation is used, the interpreter should be trained and competent;
  • types of services and programming options available to a qualifying student within the district;
  • that if a child is eligible for services, a parent/guardian has the right to accept or deny English learner services at any time;
  • the rights of English learners with disabilities, including the right to special education and EL support as appropriate; and
  • notification of the annual English proficiency assessment.

(Source: Chapter 10: Parental Engagement and Support, DPI’s English Learner Policy Handbook)

Additional information about making final EL determinations, including more details about initial and annual parent/guardian notification requirements and sample parent/guardian notification letters can be found in Chapter 3 of DPI’s English Learner Policy Handbook.

Identifying and Serving Students with Disabilities

Newcomer students who are immigrants and/or refugees may qualify for services under applicable state and federal disability laws. According to USED:

Under Part B of the Individuals with Disabilities Education Act (IDEA), State educational agencies (SEAs) and LEAs must ensure that all students who may have a disability (ages 3 through 21) and need services are identified, located, and evaluated to determine eligibility for special education and related services in a timely manner through IDEA’s child find process. For children with disabilities who are found eligible through IDEA’s evaluation procedures, a free appropriate public education (FAPE) must be made available through the provision of special education and related services and supplementary aids and services in the least restrictive environment and in conformity with the child’s individualized education program. IDEA also includes, under Part C, the early intervention program that provides services for children with disabilities, ages birth through two, and their families. Under Section 504 of the Rehabilitation Act of 1973 (Section 504), which prohibits discrimination based on disability. LEAs must provide FAPE to qualified students who have a disability and must identify and evaluate students who may be in need of services and supports under Section 504. Some students covered by Section 504 may also be eligible to receive FAPE under the IDEA. (Source: Dear Colleague Letter, USED, January 2022)

Students who are newcomer immigrants to Wisconsin, including those who are refugees, and are suspected of having a disability as defined under Wis. Stat. § 115.76(5) & 34 CFR § 300.8, must be evaluated to determine if the student has a disability and needs special education and related services under IDEA. All children in need of special education and related services must be identified, located, and evaluated in a timely manner by the school district in which the child resides.

Special education evaluations may not be delayed because of a student’s limited English language proficiency or the student’s participation in a language instruction educational program (English Learner Policy Handbook Ch. 11 Els with Disabilities). When evaluating a student for special education, a school district must ensure that assessments and other evaluation materials are selected and administered so as not to be discriminatory on a racial or cultural basis, are provided and administered in the student’s native language (the language normally used by the student in the home or school), and are 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 do so. (Source: 34 CFR § 300.304(c)).

Before administering additional assessments as part of the evaluation, the school district must provide prior written notice and obtain consent from the parent of the student. The notice must be written in understandable language and provided in the native language of the parent unless it is clearly not feasible to do so. If the native language of the parent is not a written language, the district must take steps to ensure the notice is translated orally or by other means to the parent in their native language and to ensure the parent understands the content of the notice. The district must maintain written evidence that these requirements have been met. (Source: § 300.503(c).)

A school district must take steps to ensure that one or both parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate. This includes arranging for an interpreter for parents whose native language is other than English to ensure the parent understands the proceedings of the IEP team meeting. (Source: 34 CFR § 300.322.)

Limited English proficiency cannot be the basis for determining a child to be a child with a disability. It must be ruled out as a primary factor affecting a child’s performance before determining that a child is eligible for special education services under the category of specific learning disability. (Source: 34 CFR § 300.306(b)(1)(iii)). For a child suspected of having a specific learning disability, the documentation of the determination of eligibility must contain a statement of the determination of the group concerning the effects of cultural factors or limited English proficiency on the child’s achievement level. (Source: 34 CFR § 300.311).

When developing an eligible student’s individual education program (IEP), the IEP team must consider the language needs of the student. (Source: 300.324(a)(2)(ii)). The district must provide students with disabilities with both the language assistance and special education services they are entitled to under federal law. The IEP team must determine if a student requires interpreting services to access their special education services. The nature and type of interpreting services required for students who are limited in English proficiency must ensure a student can access, engage with, and make progress toward their IEP goals and in the general education curriculum.

Chapter 11 of DPI’s English Learner Policy Handbook outlines legal requirements, special education evaluations, students with specific disability category needs, and a checklist for IEP teams. DPI has also developed a webpage to support Special Education and Multilingual Learners, where districts can access additional information and resources, including trainings and webinars, that may be useful when working with multilingual students and families who are immigrants and refugees.

Finally, the USED Office of English Language Acquisition has devoted a chapter in its English Learner Toolkit to address assessment and IEP development among English learners with disabilities: Chapter 6: Tools and Resources for Addressing English Learners with Disabilities.

Identifying and Serving Students who are Homeless

As noted in Chapter 1, under McKinney-Vento, school districts must appoint a local liaison to ensure that children experiencing homelessness have the opportunity to succeed academically, including that:

  • Children and youth eligible under McKinney Vento are identified;
  • They immediately enroll in, and have a full and equal opportunity to succeed in, the schools of the district; and
  • They receive educational services for which they are eligible, and referrals to health care services, dental services, mental health services, and other appropriate services.

Additional information regarding the McKinney-Vento Homeless Assistance Act is available at www.ed.gov/programs/homeless/guidance.pdf. (Source: Information on the Rights of All Children to Enroll in School: Questions and Answers for States, School Districts, and Parents; 42 U.S.C. § 11431 et seq.).

Identifying Eligibility for Other Supports and Services

In addition to the federal programs noted above, districts must identify whether a newcomer immigrant or refugee student is eligible for any other federal, state, or local program in the same manner that they would for any other student. Examples of these could include:

  • Appropriate services for social emotional wellness and support to build resilience;
  • Assessing prior learning and content knowledge to determine course placement, including gifted and talented programs; and
  • Connection to extra/co-curricular programs, out-of-school time programs, wrap-around services, and any activities shared within the schools for all students and families (e.g. summer programs, athletic opportunities, public library events, community events, ets.).

Determining Placements, Services, and Supports

As school districts work with students and families from immigrant and refugee backgrounds during the registration process, care should be given to recognizing the many assets and talents these students bring to their education and their school communities. For example, in proactive partnership with students and families, districts can take particular care in identifying proper course and grade placements, recognizing competencies, award appropriate credit, and providing other necessary support to ensure an excellent and equitable education.
In the spirit of leading from an asset-based and culturally-competent mindset, the Regional Educational Laboratory (REL) Northwest developed a toolkit specifically to “help educators identify and use research-based policies, practices, and procedures for welcoming and registering newcomer immigrant and refugee students who are attending secondary schools in the United States and for supporting them once they are in school.” While targeted toward secondary schools, the research and resources provided are helpful as educators work to support newcomer students of any age. Further, REL Northwest developed a short infographic to accompany the information in the toolkit.

Family Intake Interviews

The REL Northwest toolkit also provides guidance and best practices around family engagement in every step of the process, including the need for family intake interviews. Family interviews are particularly critical when documents, transcripts, and other academic records are unavailable:

“In addition to the standard registration information collected from all students, districts can use family intake interviews to obtain rich information on newcomer immigrant and refugee students. Although intake interview structures and questions can vary, focusing on students’ education history and goals can provide important and actionable information... Interviews can be especially important when academic records are missing. Schools could consider re-creating these histories through a combination of interviews with families and students and content and language assessments.” (Source: Welcoming, Registering, and Supporting Newcomer Students: A Toolkit for Educators of Immigrant and Refugee Students in Secondary Schools, REL Northwest, February 2021)

Considerations for Newcomer Immigrant and Refugee Students

Chapter 12 of DPI’s English Learner Policy Handbook details requirements and considerations specific to newcomer immigrant and migrant students, including refugees and students with limited or interrupted formal education. This resource outlines applicable laws, policies, and best practices, including the following excerpts below:

Flexibility for Newcomer Students

Newcomer students are recently arrived English Learners who have been enrolled in U.S. schools for less than 12 cumulative months. These students are granted some flexibility with regard to federally mandated testing. Newcomer students may be given a one-time exemption on the English/Language Arts sections of any federally mandated assessments. These are the assessments found within the Wisconsin State Assessment System (WSAS).

If an English Learner is at the very beginning of their English language development, they may receive English language instruction in lieu of a general education class. In such cases their EL grade may substitute for the class that they miss, provided that those services are provided by a licensed educator. Newcomer programs must be short-term programs, not lasting more than one school year, designed to quickly improve students’ English proficiency so that they may more rapidly access the core curriculum. (Source: Chapter 12, DPI’s English Learner Policy Handbook)

Students with Limited or Interrupted Formal Education (SLIFE/SIFE)

Students from immigrant and/or refugee backgrounds may have experienced disruptions in their formal schooling prior to enrollment in a U.S. school. These students, especially in the higher grades, may be below grade level in some or all subjects when they enter a school district. Students with a limited formal education may need additional time to build critical skills that a regular matriculation age of eighteen might not provide. Students are eligible to attend school within the district in which they reside, except students who have reached the age of twenty-one or who have matriculated from an accredited secondary institution.

Students coming from some countries may finish compulsory education in their mid-teens, and may have a certificate or diploma stating this. In addition, some countries provide diplomas or certificates of attendance for individual grades, with formal schooling ending prior to 12th grade. Due to this, the way U.S. schools discuss graduation and diplomas may differ from how parents of newcomer students understand the terms. Care must be taken that students are not excluded from education due to such a misunderstanding.

Moreover, students with limited or interrupted formal education face challenges that other English Learners do not. These challenges may derive from the specific circumstances of a student’s academic background beyond English language proficiency, including, but not limited to:

  • Lack of access to school;
  • Differences in scope and sequences of curriculum;
  • Exposure to a spectrum of education settings;
  • Different school behavior/cultural expectations; and/or
  • Limited exposure to technology.

Social and emotional challenges can also arise from the conditions that caused the student to have interrupted schooling, and consideration should be given to their unique socio-emotional needs (poverty, post-traumatic stress disorder, family separation or reunification, etc.). Recommendations for supporting overall student wellness and mental health is more extensively addressed in later chapters. (Source: Chapter 12, DPI’s English Learner Policy Handbook)

Ensuring Appropriate Grade Placements

In order to ensure that students with limited or interrupted formal education have the opportunity to meet grade-level standards within a reasonable period of time, districts must provide an appropriately specialized program to meet their needs. The content of this program must relate to the core curriculum, be credit-bearing toward graduation or promotion requirements, and be able to demonstrate students’ ability to catch up to age-appropriate standards. (Source: USED/DOJ Dear Colleague Letter, January 2015)

Students with limited or interrupted formal education may not be placed in a school that does not instruct students of their age. For example, placing a 16-year old student with limited or interrupted formal education in middle school, for example, would not permit them to meet graduation requirements within a reasonable amount of time. (Sources: USED/DOJ Dear Colleague Letter, January 2015; Chapter 12, DPI’s English Learner Policy Handbook)

Creating Appropriate Academic Plans and School Schedules

School staff should form a team to craft a schedule that addresses all academic and social-emotional areas of need, and in the case of high school students, create a long-term plan that addresses credit accrual and graduation. The members of this team should:

  • include staff from representative areas of the school (e.g. EL teacher, school counselor, school social worker, administrator, content teacher);
  • meet regularly to discuss the student’s progress; and
  • engage parents/guardians about the plan and the implications of the academic plan on the student’s post-secondary options. (Source: Chapter 12, DPI’s English Learner Policy Handbook)

DPI has created a document that addresses flexibility in creating academic plans for students in unique circumstances. The document Fostering Innovation in Wisconsin Schools: Beyond Credits and Seat Time and Toward Innovative Practices that Lead to College and Career Readiness includes information about project-based learning, evidence-based credit, and other alternative ways of demonstrating proficiency that might be suitable for students with limited or interrupted schooling.

Further, districts may want to consult Chapter 13 of DPI’s English Learner Policy Handbook, which pertains to unique situations and circumstances - including enrollment beyond age eighteen - as they develop academic plans to support credit accrual and graduation for immigrant and refugee students.

References and Resources: Screening, Identification, and Connecting Students to Programs and Services

"Education for Homeless Children and Youth (EHCY) Guidance ...." https://dpi.wi.gov/homeless/guidance. Accessed 26 Nov. 2021.

"FACT SHEET: Educational Services for Immigrant Children and ...." https://www.theotx.org/wp-content/uploads/2015/03/USDE_FAQ_uic_Aug2014.pdf. Accessed 26 Nov. 2021.

WI DPI Modules 2017: Creating Safe and Healthy Environments for Immigrant and Refugee Youth, Module 1, Educational Rights of Immigrant and Refugee Students

WI DPI English Learner Policy Handbook https://dpi.wi.gov/english-learners/el-identification-and-placement

WI DPI Fostering Innovation in Wisconsin Schools: Beyond Credits and Seat Time and Toward Innovative Practices that Lead to College and Career Readiness https://dpi.wi.gov/sites/default/files/imce/cal/Fostering%20Innovation%2...

“Welcoming, Registering, and Supporting Newcomer Students: A Toolkit for Educators of Immigrant and Refugee Students in Secondary Schools,” REL Northwest, February 2021: https://ies.ed.gov/ncee/rel/Project/4628

USED/DOJ Resources

Fact Sheet: Information on the Rights of All Children to Enroll in School https://www.justice.gov/sites/default/files/crt/legacy/2014/05/08/plyler...

Information on the Rights of All Children to Enroll in School: Questions and Answers for States, School Districts, and Parents https://www2.ed.gov/about/offices/list/ocr/docs/qa-201405.pdf

Confronting Discrimination Based on National Origin or Immigration Status https://www2.ed.gov/about/offices/list/ocr/docs/confronting-discriminati...

English Learners Dear Colleague Letter, January 2015; https://www2.ed.gov/about/offices/list/ocr/letters/colleague-el-201501.pdf

Operation Allies Welcome Dear Colleague Letter, January 2022 https://oese.ed.gov/files/2022/01/K-12-Resources-for-Afghan-Evacuees.pdf

Last updated: February 2022