Student with EL status box cannot be marked “Yes" as a determinant factor for student's suspected disability. Students with EL status box should be marked “Yes" in Consideration for Special Factors section of an IEP document.
Dear Colleague Letter, U.S. Department of Justice, Civil Rights Division and U.S. Department of Education, Office of Civil Rights, January 7, 2015 (Section F).
- School districts must not identify or determine that EL students are students with disabilities because of their limited English language proficiency.
ISBE 34-54 IEP Instructions
Check the yes/no boxes to indicate if the team has determined that the reason (determinant factor) that the student is experiencing difficulty in school is the result of (a) lack of scientifically-based instructional practices and programs that contain the essential components of reading instruction, (b) lack of instruction in math, or (c) limited English proficiency. Attach evidence to support the team’s decision whether the box was marked “yes” or “no”. The following are examples of evidence that could be used to support the team’s decision.
(c) Limited English proficiency Examples of Evidence – Lack of or limited access to Limited English proficiency programs in academic settings.
If the student is not succeeding due to any one of the three reasons listed above, the student is not eligible for services under IDEA and the team must complete steps 1 and 4.
Consideration of Special Factors
Use boxes to indicate which, if any, special factors apply to the student and must be addressed in the IEP. If any box is checked “Yes,” the team must document in the “Supplementary Aids, Accommodations, and Modifications” sections and/or the Linguistic and Cultural Accommodations Section below.
Linguistic and Cultural Accommodations
Use the boxes to indicate if the student requires accommodations to meet his/her linguistic and cultural needs and if special education and related services will be provided in a language or mode of communication other than or in addition to English. If yes, indicate accommodations or other languages/modes of communication that are required. For students who are deaf/hard of hearing and others as applicable, identify the language and communication need(s) by checking the appropriate box. List the opportunities for direct communication/interaction with peers and professional personnel in the child’s language and communication mode. List the identified mode of communication accessible in academic instruction, school services and extracurricular activities that the student will receive.