Federal Guidance for EL Students with Disabilities

All EL students and potential EL students with disabilities are required to participate in the state ELP assessment, in accordance with ED guidance issued in July 2014, which can be found on the Individuals with Disabilities Education Act (IDEA) Questions and Answers Regarding Inclusion of English Learners with Disabilities in English Language Proficiency Assessments and Title III Annual Measurable Achievement Objectives (August 3, 2015) web page. This web page is intended to assist LEAs in serving, assessing, and including in Title III accountability measures, those ELs who are also students with disabilities.

The term “English Learner” (EL) means students who are considered limited English proficient (LEP) as defined in section 9101(25) of the ESEA (ESEA section 9101(25), 73 Federal Register 61828, 61829 n.5). The term “students with disabilities,” as it is used in this document, refers to “children with disabilities” who are eligible for services under the IDEA, as defined in section 602(3) of that Act and 34 CFR §300.8. While students with disabilities are also protected under Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act (ADA), which are civil rights laws that prohibit disability discrimination, this document focuses on assessment requirements under the IDEA and does not address the rights of students with disabilities under Section 504 and Title II of the ADA (Section 504 and Title II of the ADA protect all students with disabilities, as defined in 29 U.S.C. §§705 (9) and (20) and 42 U.S.C. §12102).

Titles I and III of the ESEA require States and LEAs to annually assess the English language proficiency of all ELs enrolled in public schools in the domains of speaking, listening, reading, and writing (ESEA sections 1111(b)(7), 3113(b)(3)(D)). One of the purposes of Title III of the ESEA is to assist ELs in both attaining ELP and meaningfully accessing academic content in English (ESEA section 3102). Section 612(a)(16)(A) of the IDEA requires that all students with disabilities be included in all general State and districtwide assessment programs, including assessments described under section 1111 of the ESEA, with appropriate accommodations and alternate assessments, where necessary, as indicated in their respective IEPs (34 CFR §§300.320-300.324 (34 CFR §300.320(a))). This requirement includes the annual State ELP assessment. These decisions cannot be made unilaterally by a single teacher or other school employee outside of the IEP process described in 34 CFR §§300.320 through 300.324.