1. Determining Eligibility Under IDEA
Course Objective 5, 6, & 7

2. TEAMS Determine Eligibility

3. Eligibility Team Decision Making
For EL referrals, consider including:
All referrals require:
EL teacher (teacher who is responsible for language instruction) or ESL specialist
ACCESS test administrator
Speech/Language Pathologist
Translator if needed
Parent/Guardian
Classroom teacher
Special Ed teacher
LEA representative
School Psychologist, SLP, etc.
The professional qualified to interpret assessment results
Student (if appropriate)

4. Determining Adequate Progress
“If adequate progress has not been made by the child after an appropriate period of time, a referral for an evaluation to determine if the child needs special education and related services must be made.”
Examples:
Previous interventions have failed to sufficiently improve a student’s rate of learning and additional resources are needed to enhance student learning.
The interventions that have sufficiently improved the students learning are too demanding to be implemented without special education resources.
(Dave Tilly, RTI Innovations Conference Presentation, 2013).

5. Pre-Referral Process Includes:
Consistent referral process
Documentation of English Language Development support
Parental input
Level of English language proficiency
Home language survey and language screener
Progress monitoring data (multiple data points)
Evaluations in both the home language and English if appropriate

6. Q. How likely is it that my EL student has a learning disability?
A. The presence of a learning disabilities can be expected to be evenly distributed among all students.
ELs are as likely as other students to have special learning needs.
The percentage of EL students in special education should be proportionate to the overall student population.
(Adelson, Geva, & Fraser, 2014)
Q. How likely is it that my EL student has a learning disability?

7. Q. When should an EL student be referred for evaluation?
Instructional strategies appropriate for EL students have been used
Interventions have been unsuccessful
Lack of progress in general education setting even with appropriate ELD services
Lack of progress across settings and contexts
Parental concerns over lack of progress (e.g. in home language)
Suspect possible disability
Q. When should an EL student be referred for evaluation?

8. Utah LEA Responsibilities
LEAs must establish and implement policies to ensure the accurate identification and services to English learners who have disabilities, while using caution to avoid over-identification or under- identification of students who may require special education services
Utah English Learner Master Plan, 2014

9. Q. What is disproportionality?
Overrepresentation:
A disproportionate number of EL students are identified as having a disability in relation to the overall student population.
Underrepresentation:
EL students with disabilities are not receiving the services they need.
Q. What is disproportionality?

10. Utah LEA Responsibilities
The LEA must also provide information and training to staff that limited English proficiency does not constitute a disability;
if there is evidence that students with limited English proficiency have disabilities, they must be referred for possible evaluation for eligibility under IDEA.
Utah English Learner Master Plan, 2014

11. Identification, Location and Evaluation
IDEA, Child Find System (§ and § )
SEAs and school districts must ensure that all EL students who may have a disability, like all other students who may have a disability and need services under IDEA or Section 504, are located, identified, and evaluated for special education and disability-related services in a timely manner.
Letter to Colleague, 115 LRP 524 (OCR, DOJ 2015).

12. Pingora Consulting, LLC, 2016
Child find obligations are the same. No delay if disability and need for special education are suspected.
Evaluations must be administered in appropriate language, if needed.
Disability must not be determined if English Learning is causing (determinant factor) the skill deficit.
Schools must provide both EL services and special education service when appropriate.
Pingora Consulting, LLC, 2016
August 2015

13. LEAs Must Ensure Teams Are:
1. Implementing procedures and training consistent with federal regulations and state special education rules that ensure EL students are not misidentified as students with disabilities due to their inability to speak and understand English
2. Reviewing the assessment results of students’ language proficiency in English and other language(s) prior to initiating evaluation activities, including selecting additional assessment tools
3. Conducting assessments for IDEA eligibility determination and educational programming in students’ native language when appropriate
Utah English Learner Master Plan, 2014

14. LEAs Must Ensure Teams Are:
Using nonverbal assessment tools when appropriate
Ensuring that accurate information regarding students’ language proficiency in English and other language(s) is considered when evaluating assessment results.
Considering results from assessments administered both in English and in the students’ home language.
Ensuring that all required written notices and communications with parents who are not proficient in English are provided in the parents’ preferred language to the extent practicable, including utilizing interpretation services when appropriate.
Coordinating the language acquisition services and special education and related services to ensure that the IEP is implemented as written..
Utah English Learner Master Plan, 2014

15. Remember: Dual Exclusionary Criteria
Due to lack of adequate instruction
Due to language or cultural factors
Cognitive Rigor
Language supports
Grade-Level Content
Differen-tiated Language Task

16. Comprehensive Evaluation Requirements:
Review all existing data, including at minimum:
Data demonstrating that the student was provided adequate instruction in reading and/or math and that Limited English proficiency is not the reason for referral
Results from classroom, district, and state assessments
Data collected through the intervention process
Information and evaluations provided by parents/guardians
Review of attendance and discipline logs
Classroom observation and behavioral assessment
Outside data (if available) and any educational implications

17. Schools Must Provide Both EL Services and Special Education Service When Appropriate.

18. ACCESS Test Accommodations & Alternate ACCESS
Students with disabilities may require accommodations on the ACCESS assessment
Recommended accommodations are available from WIDA: ACCESS for ELLs Guidelines for Accommodating English Language Learners with Disabilities 
Alternate ACCESS for students with severe cognitive disabilities
State Guideline: If a student’s IEP indicates he/she is receiving Core instruction through the Essential Elements, he/she will participate in the DLM alternate assessment and may also take the Alternate ACCESS.

19. Learning Task #8: SLD Case Study
Task 1 - SLD case study – does the student qualify based on SLD criteria?
Is the evaluation comprehensive?
Task 2 – writing language IEP goals

20. Course Objectives
What are the unique attributes, strengths, and needs of English Learners (ELs) and ELs with disabilitites?
What is the process of language acquisition for ELs?
What is WIDA and WIDA ACCESS?
How can teachers use WIDA ACCESS results to plan supports for EL students?
What considerations should be made prior to referral for special education and during the referral process?
What steps prevent over-identification and under-identification of EL students in special education?
What are frequently asked questions when an EL student is referred for special education?

21. Contact Us
Ann-Michelle Neal, Ed.S (Education Specialist, UMTSS, Federal Programs)
Kim Fratto, M.Ed. (Education Coordinator, USBE, Special Education Section)

22. References
Adelson, V., Geva, E. Fraser, C. (2014). Identification, assessment, and instruction of English language learners with learning difficulties in elementary and intermediate grades: a guide for educators in Ontario schools boards. University of Toronto, Applied Psychology and Human Development. Retrieved from
Cook, H. G., Boals, T., & Lundberg, T. (2011). Academic achievement for English learners: what can we reasonably expect? Phi Delta Kappan Magazine. Retrieved from
Klieber, K., Walsch, D., (2014). Effective practices in implementing RTI2 for English learners. Fairfax County Public Schools. WIDA 2014 Conference presentation.
Pingora Consullting, LLC Utah Special Education Law Conference
Tilly, D. (2013) RTI Innovations Conference presentation.
USOE EL master Plan,
WIDA Consortium (2014). ACCESS for ELLs: interpretive guide for score reports. Retrieved from
WIDA Consortium (2013). ACCESS for ELLs guidelines for accommodating English language learners with disabilities. Retrieved from
 WIDA Consortium (2013). Developing a Culturally and Linguistically Responsive Approach to Response to Instruction & Intervention (RtI²) for English Language Learners. Retrieved from
WIDA Consortium (2012) Amplification of the English Language Development Standards, Kindergarten–Grade 12. Retrieved from
WIDA Consortium (2006). ACCESS for English language learners: listening, reading, writing, and speaking sample items. Retrieved from