Avoiding Unnecessary Segregation

ML students must be provided meaningful access to all curricular and extra-curricular programs. Meaningful access includes, but is not limited to:

• Grade-appropriate curricula so promotion and graduation requirements are achieved.
• Equal opportunity to participate in all programs, including pre-school, full-day kindergarten, magnet, gifted and talented, career and technical education, arts, and athletic programs, Advanced Placement (AP), International Baccalaureate (IB) courses, clubs, and honor societies.

ML students may not be segregated based on national origin or ML status. Although ML program service options may require that ML students receive separate instruction for a limited portion of the day, the chosen program must be carried out in the least segregated manner consistent with achieving the program’s educational goals.

Evaluating ML Students for Special Education and Providing Dual Services

ML students with disabilities must be provided with both the language assistance and disability-related services to which they are entitled under federal law.

• ML students who may have a disability must be located, identified, and evaluated for special education and disability-related services in a timely manner.
• To avoid inappropriately identifying ML students as students with disabilities based on English proficiency, ML students shall be evaluated in an appropriate language, based on the student’s needs and language skills.
• The team developing an Individualized Education Plan (IEP) must include participants knowledgeable about the student’s language needs in order to provide services that address the language-related needs of an ML student.