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"Sometimes even when English-language learners are accurately identified as having disabilities, school districts erroneously conclude that it's fine to give precedence to their disabilities and not address language barriers" (Zehr, 2001) Students who are ELLs and have disabilities are able to be supported in both areas. One should not take priority over the other.

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"According to NCLB, ELP assessments must be given annually to all LEP students enrolled in schools in every state. Local school districts receiving Title III funds are required to submit an evaluation of their programs for LEP students every 2 years to the state indicating each student's current status and progress in learning English, attaining proficiency in English, and passing the state's content-area tests." (Wright, 2010) No Child Left Behind Act has sections to support emergent bilinguals and the testing is important to assess the student's progress.

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"Most learning problems can be prevented if students are in positive school and classroom contexts that accommodate individual differences. However, even in the most positive environments, some students still experience difficulties. For these students, early intervention strategies must be implemented as soon as learning problems are noted." (Ortiz, 1998) The early you are able to help the student and identify any problems, the sooner they can gain support and help get back up to the level that they should be at.

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"Families of English language learners have a legal right to access school documents and meetings in their home language. That includes special education paperwork and communication. Both oral and written translation of special education information requires expertise in the services and terminology. Ideally the translation and interpretation will also take cultural factors and nuances into account, especially given the different cultural perspectives on disability. It also should be provided in a format that is accessible and user-friendly." (Urtubey, 2019) Making sure the information given to families is accessible and easy to understand will help with communication about the student and help if the parents have any questions

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Overidentifying ELLs to Special Education

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Overidentifying ELLs to Special Education

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" In some schools, when ELs don’t seem to be making the same academic progress as their peers or learning English rapidly, they are referred for a special education evaluation." (Zacarian, 2011) It is important to avoid both overidentifying and under identifying ELLs to special education programs.

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"Developers of bilingual special education programs need to weigh three factors for each student: degree of disability; level of language proficiency in both English and the primary language; and intellectual capacity. The student's placement on each of these three continuums will determine the nature of instruction and the educational placement." (Baca, Cervantes 1989) Being able to understand these factors will help put students in the best position to succeed.

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"One important clue is to see whether the disability is present only in English. If the student only shows the difficult behavior in English settings and not in his/her non-English language(s), then it cannot be an indicator of a disability. A true disability will manifest across all the child's languages and in most settings." (Robertson, Sanchez-Lopez, Breiseth, 2013) This will be a crucial point in determining placement for emergent bilinguals in schools and discovering whether or not they have a disability or are having trouble with the language.

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"Your child has a legal right to receive ESL, bilingual/ dual language, AND special education services. It is the school's responsibility to offer ALL services your child needs. My child is still learning English" (Colorin Colorado, 2020) This is important for parents to understand what services their children are able to receive.

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"To become and stay bilingual, children with developmental disabilities, just like typically developing children, need to be exposed to and use both their languages on a frequent and on-going basis. It has been shown that frequent input in a language is highly and positively related to proficiency in that language. This is particularly true for the weaker language."
(Bird, 2017)

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Contention between English as a Second Language and Special Education Services for Emergent Bilinguals with Disabilities

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Contention between English as a Second Language and Special Education Services for Emergent Bilinguals with Disabilities

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"When emergent bilinguals are legitimately referred to special education, it is not uncommon for their disability-related needs to be prioritized over their English as a Second Language-related needs, and they end up not receiving the support they need to develop social and academic skills in the new language." (Lopes-Murphy, 2020)