English Learners (ELs) identified for special education services under IDEA are a growing section of the Illinois student population. This page is offering resources for parents/guardians and educators who are facing the task of providing supports to students with EL status who have or are in the process of receiving Individualized Education Programs.

Statutory Requirements

EL Status vs. Disability
Not speaking English is not a disability. EL student’s limited proficiency in English language must not be used as the only reason for a referral for special education evaluation.

23 Illinois Administrative Code Section 226.140 Modes of Communication and Cultural Identification
Evaluations
An EL student, suspected of having a disability, should be evaluated in his or her home/native language, in a way that is nondiscriminatory with respect to student's culture.

23 Illinois Administrative Code Section 226.150 Evaluation to be Nondiscriminatory

Each evaluation shall be conducted so as to ensure that it is nondiscriminatory with respect to language, culture, race, and gender. (See also 34 CFR 300.304(c).)
Bilingual Specialists
23 Illinois Administrative Code Section 226.210 IEP Team

23 Illinois Administrative Code Section 226.800 Personnel Required to be Qualified
Provision of Interpreters / Qualified Interpreters
An LEA is required to provide an interpreter to participate in all IEP meetings to assist parents whose home/native language is other than English (unless the parents have indicated that they do not want this service).
Procedural Safeguards and Conference Notices
ISBE provided procedural safeguards and conference notices.

34 Code of Federal Regulations (CFR) 300.503 – Prior notice by the public agency; content of notice.

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Statutory Requirements

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