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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

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).)

23 Illinois Administrative Code Section 226.210 IEP Team  

23 Illinois Administrative Code Section 226.800 Personnel Required to be Qualified

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).​

• 34 Code of Federal Regulations (CFR) 300.322
• Qualified Interpreters
• Qualified Interpreters Registry
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ISBE provided procedural safeguards and conference notices.

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