English Learners with Disabilities

A student can be both an English learner and a student with a disability. Teachers, English learner staff, families, and the IEP Team must consider both language-development and disability-related needs when planning instruction and assessments. Neither status should erase the other.

• [34 CFR §300.160, participation and accommodations in assessments https://sites.ed.gov/idea/regs/b/b/300.160 

• [34 CFR §300.324(a)(2)(ii), IEP Team consideration of language needs https://sites.ed.gov/idea/regs/b/d/300.324 

• [34 CFR §300.306(b), evaluation decisions and limited English proficiency https://sites.ed.gov/idea/regs/b/d/300.306 

• ESSA English language proficiency assessment requirements, 20 U.S.C. §6311(b)(2)(G)

• Alabama Administrative Code, Chapter 290-8-9

When developing the IEP, consider how the student’s language needs relate to the IEP and to participation in instruction and testing. Review information from both the special education and English learner teams. Make assessment decisions individually using the current Alabama and WIDA participation and accommodation guidance.

Plan separately for the applicable state academic content assessments and the annual English language proficiency assessment. A disability or receipt of special education services does not automatically remove a student from English language proficiency testing. When considering Alternate ACCESS, apply the current eligibility guidance for that assessment rather than assuming that ACAP Alternate participation automatically determines ACCESS participation.

Document disability-related accommodations and coordinate any English learner supports permitted on each test. Verify that the chosen supports are allowed for the particular assessment and that staff know how to administer them. Use language-access measures to support meaningful parent participation in the IEP decision.

• Consult both special education and English learner staff.

• Review current assessment-specific participation criteria and accommodation tables.

• Ensure the IEP addresses relevant language needs and documented supports.

• Confirm academic and English language proficiency test registrations with the LEA test coordinator.

• Assuming special education eligibility exempts a student from ACCESS

• Applying the ACAP Alternate decision automatically to Alternate ACCESS

• Overlooking the student’s language needs when writing or implementing the IEP

SES Assessment resources  https://www.alabamaachieves.org/special-education/assessment/   English Learners and the Special Education Process; ALSDE Office of Student Assessment  https://www.alabamaachieves.org/assessment/  WIDA ACCESS resources.