Who should refer an EL for Special Education and under what circumstances?
All instructional personnel are responsible for referring an EL student through the locally adopted referral process if a disability is suspected. Parents may also request an assessment in writing. IEP teams must determine whether an EL student meets the eligibility criteria for special education and requires special education and related services in order to benefit from this educational program. A determination that the learning difficulty is not the result of cultural or linguistic diversity is also made. Students should not be referred for special education solely on the basis that they do not understand or are limited in their ability to understand English. To do so would violate both state and federal laws which protect the educational rights of these children.
