Yes. Students who are not yet proficient in English (English Learners or ELs) may also have a disability that makes them eligible for special education services.
However, IEP teams must carefully consider an EL’s emerging English language development to make sure it is appropriately considered when determining special education eligibility.[1] English Learners are at risk of over- and under-identification for special education eligibility. Over-identification occurs when the normal process of second-language acquisition is misidentified as evidence of a disability. Under-identification occurs when an EL’s disability-related needs are inaccurately attributed to their developing English language proficiency.
You can find more information on best practices for special education eligibility determinations for English Learners in the “California Practitioners’ Guide for Educating English Learners with Disabilities,” developed by the California Department of Education, available here: https://www.cde.ca.gov/sp/se/sr/elpracguideswd.asp.
- 20 U.S.C. Sec. 1414(b)(5); 34 C.F.R. Sec. 300.306(b); 5 C.C.R. Sec. 3023(b); Cal. Ed. Code Secs. 56329(a)(2).[↩]