Students identified as Multilingual Learners (MLs), formerly referred to as Limited English Proficient (LEP), are entitled to receive both language assistance services and, when eligible, special education and related services. Eligibility for one program does not preclude participation in the other. The district is responsible for ensuring that students have equitable access to both English language development services and a free appropriate public education (FAPE) in accordance with the Individuals with Disabilities Education Act (IDEA), Title VI of the Civil Rights Act of 1964, the Every Student Succeeds Act (ESSA), and applicable South Carolina Department of Education requirements.
Students identified as Multilingual Learners through the state-approved English language proficiency screener and who qualify for English language development services shall participate annually in South Carolina's English language proficiency assessment (ACCESS for ELLs® or Alternate ACCESS for ELLs®) until they meet the state's established criteria for English language proficiency and exit the Multilingual Learner program.
Each identified Multilingual Learner shall have an Individualized Language Acquisition Plan (ILAP), or other district-approved language services plan that documents the language supports, instructional accommodations, and English language development services necessary for meaningful participation in the educational program. When a student is also eligible for special education under IDEA, the IEP Team shall consider the student's language needs as they relate to the development, implementation, and provision of special education and related services.
When a Multilingual Learner is suspected of having a disability, the district shall conduct a comprehensive evaluation in accordance with IDEA evaluation procedures and timelines. Evaluation teams shall ensure that assessment practices distinguish between the effects of second-language acquisition and the presence of a disability. A student's limited English proficiency, cultural background, or lack of appropriate instruction in reading or mathematics shall not be the determining factors in identifying a disability.
Consistent with IDEA requirements, assessment materials and evaluation procedures shall be selected and administered so as not to be discriminatory on a racial or cultural basis and shall be provided and administered in the student's native language or other mode of communication whenever feasible and appropriate to yield accurate information regarding the student's knowledge, abilities, and educational needs. Assessments must measure the extent to which the student has a disability and requires special education and related services, rather than measuring English language proficiency, except when English language proficiency is the construct being assessed. (34 CFR §§ 300.304(c)(1)(ii), 300.304(c)(1)(ii), and 300.304(c)(1)(iv)).
The multidisciplinary evaluation team shall review multiple sources of information, including academic achievement, functional performance, language proficiency data, educational history, interventions, classroom performance, parent input, and information regarding the student's cultural and linguistic background. Collaboration among qualified evaluation personnel, general education staff, special education staff, and ESOL/Multilingual Learner personnel is essential to ensure that evaluation findings accurately reflect the student's educational needs.
In accordance with IDEA, a student shall not be determined eligible for special education if the determinant factor for the eligibility decision is limited English proficiency. (34 CFR § 300.306(b)(1)(iii)). The evaluation team must document that the student's educational difficulties are not primarily the result of English language acquisition, cultural or linguistic differences, or a lack of appropriate instruction, but are instead attributable to a disability as defined under IDEA.
The LEA must make reasonable efforts to ensure that the parents of students who are limited English proficient understand, and have the opportunity to participate in any meeting included as part of the IEP process, including arranging for an interpreter for parents whose native language is other than English. Interpreter arrangements must be made through HIT Services.
In addition to the required participants under IDEA, the IEP team must also include a team member knowledgeable about the student’s language needs. This may include the student’s ESOL service provider, the student’s General Education teacher if dually-certified in general education and ESOL, the student’s Special Education teacher if dually-certified in special education and ESOL, or another team member who is knowledgeable about the student’s language needs.
Should the ESOL service provider be unable to attend the IEP meeting, the ESOL provider will work with the Special Education Case Manager to identify all necessary information to ensure that the IEP team is able to fully consider the student’s language needs. This must include a review of the ESOL Accommodations Plan. If the ESOL provider is unable to attend the meeting, the Case Manager should provide them with the “ESOL Program Information for Students with Disabilities” form well in advance of the IEP meeting to complete and return to the Case Manager. This form should be completed at Annual Review and, if necessary, at any other meeting in which language needs are being discussed. Information in this form should be used to document Limited English Proficiency strengths and needs within the IEP but should not be included in the student’s special education record. This form should be kept with progress monitoring records.
Link to ESOL Program Information for Students with Disabilities Form
When a student who is identified as a Multilingual Learner (ML) is determined eligible for special education and related services under IDEA, the district shall ensure that the student receives both English language development services and special education services necessary to provide a free appropriate public education (FAPE). Eligibility for special education does not replace or reduce a student's entitlement to language assistance services, nor do English language development services replace specially designed instruction required through the Individualized Education Program (IEP).
In developing, reviewing, and revising the IEP, the IEP Team shall consider the student's language needs as they relate to the provision of special education and related services, consistent with IDEA requirements (34 CFR §300.324(a)(2)(ii)). The IEP Team shall include, as appropriate, personnel knowledgeable about the student's English language development needs, including ESOL/Multilingual Learner staff, to ensure that decisions are informed by the student's linguistic and educational profile.
The IEP Team shall consider all relevant information regarding the student's strengths, disability-related needs, English language proficiency, cultural and linguistic background, and educational performance. This process begins with the Consideration of Special Factors and is further supported through the Present Levels of Academic Achievement and Functional Performance (PLAAFP), which shall include current data regarding the student's academic achievement, functional performance, English language proficiency, and the impact of the disability on involvement and progress in the general education curriculum.
The IEP Team shall review the student's district-approved English Learner language services plan (e.g., EL Plan, Individualized Language Instruction Plan, or other approved language services plan) to determine how language supports and disability-related accommodations interact to ensure meaningful access to instruction, assessments, and school activities.
Accommodations documented in the student's English Learner language services plan shall not automatically be included in the IEP. Likewise, accommodations identified within the IEP shall be based on the student's disability-related needs and individually determined by the IEP Team. When a student requires accommodations due to both disability and English language acquisition needs, the IEP Team shall coordinate with Multilingual Learner staff to ensure that accommodations are complementary, appropriate, and consistently implemented across instructional settings and assessments.
Specially designed instruction and related services provided through the IEP shall address the student's disability-related educational needs. English language development services shall address the student's acquisition of English language proficiency. These services serve different purposes and must complement one another.
The provision of special education services shall not replace, reduce, or supplant English language development services required for the student as a Multilingual Learner. Likewise, English language development services shall not replace specially designed instruction required by the student's IEP. Service delivery may include direct instruction, consultation, co-teaching, collaboration, or other evidence-based models determined appropriate by the student's educational needs.
The IEP Team shall collaborate with Multilingual Learner personnel, general education teachers, special education providers, related service providers, and families to ensure that language supports and disability-related services are coordinated to promote the student's meaningful access to and progress in the general education curriculum.
The IEP Team shall determine the student's participation in statewide and districtwide assessments in accordance with IDEA, the Every Student Succeeds Act (ESSA), and South Carolina assessment policies.
Students identified as Multilingual Learners shall participate annually in the state's English language proficiency assessment (ACCESS for ELLs® or Alternate ACCESS for ELLs®), as required, until they meet the state's established exit criteria for the Multilingual Learner program. Participation in these assessments is required regardless of the student's disability status unless otherwise permitted by state assessment policies.
The IEP Team shall determine any disability-related testing accommodations to be documented within the IEP. Language accommodations associated with English language development shall be coordinated with the student's district-approved English Learner language services plan to ensure consistency with state assessment policies.
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IDEA and Students with Limited English Proficiency