ESL: Other Considerations for Limited English Proficient (LEP) Students

1. Retention of an LEP student in a grade is not, and cannot, be based solely on the student’s limited English proficiency. Evidence of the need for retention must include lack of progress toward grade level standards, limited performance on district assessments, and limited success in the regular education program

2. An LEP student may be referred for IST review and/or special education placement. The multidisciplinary team will include the student’s ESL teacher and a representative of the student’s home culture. The multidisciplinary evaluation must find that the LEP student’s disability or exceptionality is not based on a lack of instruction with accommodations or limited English proficiency. A complete language assessment must be conducted and all pertinent evaluations (e.g., intelligence testing) must be conducted in the student’s primary language (the presence of a disability must be in the primary language).

   If the LEP student is recommended for special education placement, the Individualized Education Plan must be based on the presence of a disability, not limited English proficiency. The IEP team must include the ESL teacher, the student’s parents/guardians, and an interpreter, if necessary (all communication with parents must be in their primary language or another preferred mode of communication.