WHEREAS, children of asylum seekers often have been exposed to trauma during migration, lack of formal instruction and/or educational gaps in their countries of origin; and

WHEREAS, asylum-seeking families have difficulty navigating the complicated school system in New York City due to language barriers and lack of familiarity; and

WHEREAS, historically, there has been both under and over-referral of English Language Learners (ELLs) for Special Education; and

WHEREAS, the Child Find Provision of Individuals with Disabilities Education Act (IDEA) requires schools to identify, locate and evaluate all children, including children of asylum seekers, homeless or highly mobile, who may have disabilities and need special education services; and

WHEREAS, many schools and school personnel have not been properly informed about the Child Find Provision, as it relates to ELLs, and believe that such students should not be referred for special education for several years regardless of their suspected disability; and

WHEREAS, many ELLs with disabilities have been denied crucial special education services due to this misunderstanding; and

WHEREAS, schools are required by law to provide Response to Intervention (RTI) for ELLs and where appropriate, consideration of possible interventions can occur at the same time as the Special Ed; therefore, be it

RESOLVED, that the United Federation of Teachers (UFT) will promote and advocate for practices in our school communities that support children of asylum seekers in adapting to their new language and educational environment; and be it further

RESOLVED, that UFT will work to ensure that ELLs receive the bilingual education and English as a Native Language (ENL) units of study required by Part 154 of the Commissioner's Regulations and that the procedures for referral in the Standard Operating Procedures Manual (SOPM) are followed; and be it further

RESOLVED, that UFT will educate members about the Child Find Provisions as they relate to ELLs and support members who request to refer ELLs suspected of having disabilities for special education evaluation and, where appropriate, for RTI; and be it further

RESOLVED, that UFT will work to ensure that appropriate Multi-Tiered Systems of Support (MTSS) are available to ELLs; finally, be it

RESOLVED, that UFT will work to ensure that teachers, providers and administrators receive professional learning on distinguishing between language acquisitions challenges and a learning disability.