Governor Phil Murphy • Lt. Governor Tahesha Way

English Language Proficiency Screening for Students with Disabilities

At enrollment, LEAs assess students for all the types of services they need in their educational programs. For students who may be identified as multilingual learners through the multi-step process and also have a disability documented in an IEP or 504 Plan, the following steps must be followed.

Note: Under IDEA, states are required to have policies and procedures to ensure protection for all children with disabilities residing in the state, and who are in need of special education and related services, are identified, located, and evaluated (34 CFR §§300.111 and 300.201). This obligation, known as “child find,” is fully applicable regardless of a child’s English proficiency level, and includes highly mobile children and migrant children suspected of having a disability (34 CFR §300.111(c)(2)).

As part of the records review, the following process is in place to streamline identification and placement for services for students who are dually identified.

Step 1: Convene a team which consists of members of a child study team, and staff who have expertise in English language acquisition (N.J.A.C. 6A:14-3.4(f)). For additional resource, see English Learner Toolkit, Chapter 6 (p.92) for a checklist for Child Study Teams developing IEP/504 Plans while considering English language proficiency.

Step 2: Review the students IEP/504 Plan within the developmental context and impact of the student’s second language acquisition (N.J.A.C 6A:14-3.7(c)6), Section 504 of the Rehabilitation Act of 1973. For additional resource, see English Learner Toolkit, Chapter 6 (p.88) for consideration of the influence of language differences and disability on learning behaviors.

Step 3: Review the accommodations required by the IEP for the ELP assessment for identification. Accommodations on statewide assessments is a required section of the IEP. A list of approved accommodations can be found in the Accessibility and Accommodations Manual, available on WIDA’s website. For additional resource, see accommodations checklist.

Step 4: Administer the ELP assessment with the accommodations listed. The WIDA ELP assessments are technically untimed, but it is recommended ending a domain once a student has met the “attemptedness” criteria and is unable to continue to produce scorable work. For the WIDA screeners and ACCESS, this is one folder of items in each of the Listening and Reading domains (after the first folder of intro items, which aren’t scored), and an utterance or a visible mark for Speaking and Writing.

Accommodations should be based on the needs of each individual multilingual learner with a disability, as well as the construct being measured in that assessment . There is no provision for exempting a student from an ELP assessment. Even students with the most significant disabilities must be assessed for identification.

Step 5: Determine multilingual learner status depending on the composite score on the ELP assessment used to screen the student.

  • Student scores below 4.5, then the student is a multilingual learner and receives services related to special education services, simultaneously.
  • Student scores above 4.5, then the student is not identified as a multilingual learner and receives services related to their special education needs.

Districts should document in the student’s record the outcome and what next steps are necessary to support the student’s academic and language growth and success. For helpful resources, see the Resources section.

Note: If a student cannot complete any domains of the ELP assessment screener due to a disability, the identification decision must be based on the available evidence gathered from the HLS and the records review. If the HLS indicates a language other than English, the family interview confirms that it is tied to national origin, and academic records do not supply evidence of English proficiency, then the student should be identified as a multilingual learner.

Consider documenting the following information as part of the IEP/504 Plan .

  • Current multilingual learner status.
  • Current ELP level.
  • Annual state ELP assessment (e.g., ACCESS or Alternate ACCESS).
  • Current LIEP the student is placed to support English language development.
  • Current primary language supports, if applicable.
  • How the student’s primary language is strategically used to assist in accessing the curriculum.
  • What is the language of instruction for the student?
  • Identify linguistically appropriate goals.

Evaluation and/or tests are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally.

Normal second-language acquisition, especially within the context of ESL-only programs, mimic characteristics and signs of learning disability particularly in the areas of reading and writing (see English Learner Toolkit, Chapter 6).

Each LEA shall ensure that any evaluation procedures to gather relevant functional and developmental information shall be carefully selected and administered so as not to be racially or culturally discriminatory (N.J.A.C. 6A:14-2.5 (b)) and to examine exclusionary factors.

Federal IDEA regulations and state requirements (N.J.A.C 6A:14-3.5(b)) are clear that in making a determination for special education and related services, a student shall not be determined eligible if the determinant factor is related to:

  • A student’s background and/or experience which might influence a student’s performance (e.g., environmental, or economic disadvantage).
  • Cultural differences or a student’s lack of familiarity with the predominant school culture.
  • Lack of appropriate instruction in reading and math.
  • Limited English proficiency.
  • Acclimation of new environment. Some multilingual learners may experience periods of limited verbal communication known as “silent period” in the field, as they adjust and transition to their new school environment.

Scenario 1: A U.S. born student is in a learning and language (LLD) program and is reading multiple grade levels below peers. The student is from a multilingual home. Should the student be tested with an ELP screener for identification?

Response: It depends. The child study steam and language specialist should review the student’s records, as part of Step 2 – the records review process. Based on the joint team’s decision, the student may or may not proceed to Step 3.

Scenario 2: A determination may be made in accordance with applicable procedures that a visually impaired EL who is unable to use Braille because he or she has a physical or neurological disability that precludes the student from reading Braille may not be able to take the reading portion of the ELP assessment, which measures a student’s ability to read. Therefore, having the assessment read aloud to the student would not be an appropriate accommodation because it would not measure the student’s ability to read in English. On the other hand, that same student may be able to take the other statewide assessments, such as the mathematics or reading/language arts assessment, using an accommodation like reading aloud, if reading aloud the assessment to the student would not otherwise invalidate the test score. Source: USED Guidance.
Scenario 3: A student is in 1st grade and was placed into ESL when they came to the LEA from Honduras in November. At that time, it wasn't known that the student had a learning disability. The student was ultimately classified by the district as Communication Impaired due to two Speech Language bilingual evaluation tests. After the student was evaluated, it was determined that the student would best benefit from being in the LEA’s multiple disability (MD) room for the whole school day/year. Can the LEA exit the student from receiving ESL services?

Response: No. The student is entitled to receive both services. A multilingual learner who also has a disability must receive services for both English language development and special education.

  • Can students be referred and/or evaluated for special education services while receiving bilingual/ESL services?
    • Yes, according to N.J.A.C. 6A:14-3.4(f), LEAs must ensure that all multilingual learners who may have a disability, like all other students who may have a disability and need services under the IDEA, are located, identified, and evaluated for special education and related services. When conducting such evaluations, LEAs must consider the English language proficiency level of students in determining the appropriate assessments and other evaluation materials to be used. LEAs must not identify or determine those multilingual learners are students with disabilities because of their English language proficiency level.
  • Can students receiving special education services receive bilingual/ESL services?
    • Yes, a student who is determined eligible for special education or eligible for speech-language services should continue to receive bilingual/ESL services. LEAs should consider embedding special education services in the existing bilingual/ESL classes to provide the services in the general education setting.
  • Can a student who uses Sign Language be identified as a multilingual learner and received English language services?
    • Yes.
  • Can multilingual learners receive speech-language services?
    • Yes.
  • What should an LEA do if they are unable to locate a bilingual child study team member to complete a child study team evaluation?
    • N.J.A.C. 6A:14-3.4(f)1 requires that evaluations be conducted in the language or form most likely to yield accurate information. Therefore, an LEA must make extensive efforts to locate a bilingual child study team member.  The LEA may contract for services from another LEA or an approved clinic or agency.  A list of bilingual child study team professionals is available on the NJDOE website. If a bilingual child study team professional cannot be located, then the assessment might need to be interpreted into the student’s native language. The LEA must train personnel providing interpretation during the assessment process and at meetings.
  • Should IEP teams for multilingual learners with disabilities include persons with expertise in second language acquisition?
    • Yes. The IDEA regulations at 34 CFR §300.321(a) specify the participants on each child's IEP. For multilingual learners with a disability, the IDEA states the IEP team must have a person who has expertise in the student’s English language needs and can make decisions about how the child is instructed and participates in state assessments (N.J.A.C. 6A:14).

Explore Other Sections

Multilingual Learners with Disabilities

  • A multilingual learner who also has a disability must receive services for both English language development and special education.

    There must not be a delay in providing both services simultaneously. The identification as a multilingual learner and a student with disabilities must follow the timing obligations set forth in Title III and IDEA.

    There is no requirement for an LEA to wait one year to receive English language services for a student who has an Individualized Education Program (IEP). 

    A student who receives ESL can receive response to intervention (RTI) services simultaneously.

    ACCESS and Alternate ACCESS are state assessments. In general, the district should:

    1. Assess student disability.
    2. Identify what the domain is meant to measure.
    3. Identify which accommodations are available to support the student to complete a domain (reference the student’s IEP/504 Plan).
    4. Consider whether the accommodations take into account the student’s cultural and linguistic needs.
    5. Determine whether such accommodation would impact the measure of the domain.

    If no accommodations are available that would not skew the measure of the domain, then exempt.

  • The USED English Learner Toolkit, Chapter 6 helps LEAs consider the influence of language acquisition and disability on learning behaviors. A chart of examples provides some common learning behaviors manifested by students and indicators of a language difference due to 2nd language acquisition or of possible learning disability.