THE FOUR ADDITIONAL FACTORS CHECKLIST
For Evaluating Student Assessment Data
(LDLD or LCRL Model)
Serpa, M (2005, 2011, 2020) Lesley University
CULTURAL FACTORS CHECKLIST
Understanding the Student’s Cultural Background
I understand/I am familiar with the key cultural characteristics of this student’s home culture.
I understand that ‘culture shapes experience and experience shapes the brain’ in intercultural influences
I understand that selected observed behaviors may reflect cultural practices rather than indicators of disability.
I understand that family values and views on learning, disability, and communication must be considered.
Cultural Adaptation & Identity
I understand the student’s Stage of Cultural Adaptation (e.g., honeymoon, culture shock stage).
I have identified the student’s Cultural Identification Style (Crystallizing, Cross-over, Criss-crosser).
I have considered acculturative stress as a factor affecting performance.
Cultural Differences and Interculturacy
I understand that cultural differences in participation (e.g., silence, assertiveness, eye contact, independence) may be misunderstood.
I understand that school expectations are culturally responsive and not based on deficit assumptions..
Home Language Knowledge
I know the linguistic characteristics of the student’s home language
I understand how the home language interacts with English (positive transfer, negative transfer).
Second Language Acquisition (SLA)
I understand the stages of second language learning and the silent period.
I understand the two main areas of BICS and CALP levels of proficiency.
I understand the WIDA six levels of proficiency and the language domains
I understand the stages of syntactic development in English as a new Language (Cardona)
I examine the student’s errors through the lens of typical bilingual development.
I can distinguish SLA processes from disability traits.
I understand that a student may be an EL and also have a disability
I know the importance of identifying the literacy skills in the home language
I know about the methods of teaching a new language
Language Environment
Has the student accessed adequate access to English-as-a-second-language instruction?
Has the student received instruction aligned with the WIDA 2020 standards across the four domains?
Could performance stem from interrupted schooling or limited access to literacy?.
LINGUISTIC FACTORS CHECKLIST
Evidence-Based Bilingual Research
I understand cross-linguistic transfer (Cummins, Durgunoğlu; August, & Shanahan).
I understand that learning academic English takes 5-7 years in k-12
I know the grade level outcomes of each of the language learning education programs: Dual language (one-way or two-way, Transitional Bilingual Education (short and long-term), Sheltered English Instruction (SEI), General education monolingual with ESL.
I am applying the 30 years of research from dual-language effectiveness studies (Thomas & Collier, 2002–2017) to FAPE+ & LRE+.
I understand the
Instructional Quality
I understand the research of the National Literacy… Panel (August and Shanahan, 2006)as the foundation for literacy instruction for Bilingual/EL learners.
I understand that the research of the National Reading Panel (2000) only applies to monolingual English speakers
I understand that learning to read only happens once in life (Cummins) . When students learn literacy (which is language-based) in their home language to Stage 3 Chall, they transfer their reading skills to English.
I understand the languages instruction options (L1 to L2, L1+L2, L2 with explanation in L1, L2 only
I understand the research on the effectiveness of home language instruction and ESL
Assessment reflects instructional quality—not the absence of instruction.
Interpretation of Assessment Data
I have ruled out misinterpretations due to monolingual bias.
Research-based expectations are used to distinguish differences from disability..
RESEARCH FACTORS CHECKLIST
(IDEA 2004 • Section 504 • ESSA 2015 • Title VI • EEOA • LOOK Act)
A. The Three Interacting Sets of Laws: Eucators must evaluate ELs/MLs within ALL three legal frameworks:
(1) CIVIL RIGHTS LAW
(Protect equal access and prohibit discrimination)
Title VI of the Civil Rights Act (1964)
EEOA (1974)
Lau v. Nichols (1974)
Castañeda v. Pickard (1981)
Section 504 of the Rehabilitation Act (1973)
Checklist:
I understand that EL is legally not a disability (but is often and erroneously interpreted as such)
I understand that compliance with the legal requirements of the three types of laws includes all three types, and they are equally important in their requirements
I understand that the student has the right to equitable access to instruction.
I understand that students' language barriers are real, and the student has the right to have them removed.
I understand the assessments are adequately provided in the home language and are free from cultural or linguistic discrimination.
(2) LANGUAGE-LEARNING EDUCATION LAWS
(Ensure appropriate English language instruction and accountability in special education)
ESSA Title I & Title III (2015)
LOOK Act (MA, 2017)
State EL Program Regulations (e.g., SEI, Dual Language)
Checklist:
I understand each EL student has the right to learn English Proficiency (WIDA levels1-5) and to receive instruction aligned with WIDA 2020 standards
I understand that each ELS student has the right to access and achieve grade-level academic standards.
Has the school implemented a research-based language program?
(3) SPECIAL EDUCATION LAWS
Ensure nondiscriminatory evaluation and FAPE+ in LRE+)
IDEA 2004
Endrew F. v. Douglas County (2017)
Checklist:
I understand that the evaluation is nondiscriminatory, valid, and administered in the student's home language.
I understand that an actual disability appears in both languages (home language + English)
I understand that I need to know if the student has received adequate instruction prior to considering disability.
I understand that appropriately qualified bilingual evaluators are involved.
I understand that communication with parents is also mandated in the home language or mode of communication.
2004 Requirements for Assessment
Be nondiscriminatory (No English-only or culturally biased tests)
Use the home language (Unless not feasible, assessment must be done in the student’s home language)
Be valid and reliable (Assessment tools must match the student’s language group be valid and reliable)
Be administered by trained professionals (Bilingual or culturally knowledgeable assessors)
Measure (dis)ability, not English proficiency (Cannot confuse language acquisition with disability)
Use multiple tools (Observations, interviews, work samples, dynamic assessment)
Include all areas of need (Comprehensive in both Ls, not selective. ESL proficiency assessment must be included)
Not be based on lack of instruction (ELs struggling due to insufficient English support cannot be identified as disabled)
References
TOBE UPDATED
Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq. (2004).
U.S. Department of Education, Office of Special Education Programs. (2006). Assistance to states for the education of children with disabilities and preschool grants for children with disabilities; Final rule. 34 C.F.R. Part 300.
Code of Federal Regulations. (2006). Evaluation procedures, 34 C.F.R. §§ 300.304–300.311.