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A teacher from the school identifies the student that is struggling in class and may need special education or other related services

The student may have a Language Difference or a Learning Disability

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After confirming with a parent, an evaluation is organized.

A team of specialists are brought together to determine is the student is eligible for special education or related services.

The Student may need to be evaluated for either a Language Need or a Learning Disability

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The IEP team schedules an IEP meeting for the student.

The meeting includes: the IEP team, the parents, and anyone with personal connection for the student.

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Initial IEP should include:

Measurable annual goals

The child’s present levels of academic achievement and functional performance (PLAAFP)

Special education and related services the child will receive

How services will be provided in the least restrictive environment

The amount, frequency, location, and duration of services

Which setting the services will be provided

Supplementary aids such as assistive technology, if necessary

Parental consent must be given for the IEP to be implemented.

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Provide special education and related services 

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Provide special education and related services 

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The students starts receiving services.

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Monitoring is important during the IEP process.

IEP progress is recorded and reported to parents.

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Review the IEP and perform reevaluation if needed

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Review the IEP and perform reevaluation if needed

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IEP must be reviewed at least once during the school year in an IEP meeting; if need, more meetings may be requested from parents or the school.

Modifications on IEP goals, placements, and services may be suggested during the process.

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The student is struggling with understanding the language communicated.

Their first language may not be English

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Varying ways learning disability presents itself:

lack of processing visual and auditory material affecting reading, spelling, writing, and understanding or using language

Difficulty following instructions

Storing and retrieving information from short or long term memory

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The IEP teams needs to assess the students English proficiency.

The assessment should include:

the student's ability to read, write, speak, and understand the English language.

The evaluator should be fluent in the student's native language.

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Wrightslaw Way | Special Education Law and Advocacy

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Identifying and Meeting a Child’s Language Needs | Wrightslaw Way

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“We adopted our son from another country three years ago. He is now nine years old, in the 3rd grade. He did not speak English when he arrived in this country. “Our child works very hard in school and we work with him at home. He continues to struggle to read, write, and communicate in

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The IEP team needs to assess the student's suspected disability.

The assessment should include:

health and development, vision, hearing, motor abilities, general intelligence, academic performance, communicative status, interests, and social emotional status.

History may, appropriately, be obtained.

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Timelines

All referrals for special education and related services shall initiate the assessment process and shall be documented. When a verbal referral is made, staff of the local education agency, special education local plan area, or county office shall offer assistance to the individual making a request in writing, and shall assist the individual if he/she requests such assistance.

A student is assessed in all areas related to his or her suspected disability including, where appropriate, health and development, vision, including low vision, hearing, motor abilities, language function, general intelligence, academic performance, communicative status, self-help, orientation and mobility skills, career and vocational abilities and interests, and social emotional status. A developmental history is also obtained when appropriate.

Assessments are conducted by persons competent to perform the assessment, as determined by the local education agency. The evaluator prepares a written report or reports, as appropriate, of the results of each assessment. The report shall include, but not be limited to the need for specialized services, materials, or equipment for students with low incidence disabilities, consistent with guidelines established.

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All referrals for special education and related services shall initiate the assessment process and shall be documented. When a verbal referral is made, staff of the local education agency, special education local plan area, or county office shall offer assistance to the individual making a request in writing, and shall assist the individual if he/she requests such assistance.

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IEP team must answer these questions for initial IEP:

Does the student need to receive instruction in English and/or in his native language so he can participate in the general curriculum?

Does the student need tutoring in English as a service in their IEP to meet their individual needs? Should the special education and related services their needs be provided in their native language?

Do they need tutoring in English as a service in their IEP to meet their individual needs? Should the special education and related services he needs be provided in his native language?

May need test accommodations such as

increased time, translating directions into the students native language, etc.