English Learners with Disabilities

Schools and districts are required by law to follow all referral and evaluation timelines for students with suspected disabilities, regardless of English learner status or grade level. They must locate, identify, and evaluate all children birth through age 21 who reside in the district and require special education and related services. This obligation, referred to as Child Find, is inclusive of current and former English learners.  

As defined in the Individuals with Disabilities Education Act (IDEA) the term “English learner with a disability” means a student who has been identified both as an English learner and a child with a disability. The U.S. Department of Education requires states to ensure that English learners with disabilities have access to equitable services and to annually report the number and percentage of English learners with disabilities making progress towards English language proficiency and Ohio’s academic standards.  

The Office for Exceptional Children offers essential guidance related to the Individuals with Disabilities Education Act, including multilingual resources.  

Referral and Identification Responsibilities for School Administrators

  • To identify, locate, and evaluate English learners with disabilities in a timely manner;  

  • To consider the English language proficiency of English learners with disabilities in determining appropriate assessments and other evaluation materials; 

  • To provide and administer special education evaluations in the child’s native language, unless it is clearly not feasible to do so, to ensure that a student’s language needs can be distinguished from a student’s disability-related needs; 

  • To ensure that English learners are NOT classified as students with disabilities because of their limited English language proficiency; and 

  • To provide English learner students with disabilities with both the language assistance and disability-related services they are entitled to under federal law. 

Communication with Parents who have Limited English Proficiency 

Parents and guardians of English learners with suspected or identified disabilities have the right to communications about their student in language that is understandable. This includes essential information about the language usage survey, special education and related services, notice of identification as an English learner, Individualized Education Program (IEP) meetings, grievance procedures, notices of nondiscrimination, student discipline policies and procedures, state assessment results, report cards, requests for parent permission for school activities, parent-teacher conferences, parent handbooks, gifted and talented programs, magnet and charter schools, and any school and program choice options. 

Determining language access needs. Schools and districts may use a language usage survey to determine the language access needs of parents and guardians. The Ohio Language Usage Survey must be completed within 30 days of school enrollment for all new students in grades K-12. The families of young children in preschool may receive a home language survey. A home or language usage survey requests that parents indicate their preferred language for communicating with their child’s school and helps schools discern whether the student has a primary or home language other than English and may benefit from English language services. Students in grades K-12 with significant experiences communicating in languages other than English or who were born outside of the United States are administered the Ohio English Language Proficiency Screener (OELPS) to assure that potential language barriers are recognized and minimized through the English learner program and services. Information about the identification of English learners in grades K-12 is available at Identifying English Learners.  

Deaf and hard of hearing students.  A student who solely has a primary or home language other than English that is related to being hearing impaired or deaf does not qualify for screening that is part of Ohio’s process for identifying English learners. However, a student may come from an environment where another language and American Sign Language coexist, such as a Spanish-speaking student who also communicates in sign language. In these cases, the student may qualify for both English learner classification and classification as a student with a disability. 

Parent notification of English learner identification. Federal law requires that initial and yearly parent notification of English learner identification must inform how the language-instructional education program meets the objectives of the child's IEP, as described in the IDEA consideration of special factors.  

Guides for Families of Students with Disabilities are available in multiple languages to help navigate the educational process for students with disabilities. Educators and families of English learners with potential or identified disabilities can use these resources for more information about accommodations and services that allow students with disabilities to access instruction and school activities. 

Supporting the Instruction of English Learners with Disabilities 

Current and former English learners with disabilities require the same levels of support and services as all students with disabilities. Supporting the instruction of English learners with suspected and identified disabilities benefits from practices that include documentation of the student’s educational history, home and English language development, and academic achievement in English and other languages.  

High-Leverage Practices for Students with Disabilities are essential skills that teachers of dually-identified students can implement and integrate with effective instructional practices for English learners. Collaboration between the English language specialist (TESOL) and the IEP team is essential. Together, the team assures that (1) student’s language development objectives are included in each English learner’s Individual Education Program; (2) students are monitored and assessed for progress using the Ohio English Language Proficiency Assessment, and (3) parents receive information and opportunities for engagement in language that is understandable.  

Tools and Resources 

Last Modified: 9/30/2024 3:25:48 PM