Step 1

To ensure an English Language Learner (ELL) is correctly identified for special education, federal and Montana state guidelines require that the evaluation and IEP teams include a professional with expertise in second language acquisition. In BPS#2 this is your ELL/ML Coach.

Federal Law: IDEA

The Individuals with Disabilities Education Act (IDEA) requires teams to account for the unique linguistic needs of ELLs during the IEP process.

• Document: 34 CFR § 300.324(a)(2)(ii)

• Quote: "The IEP Team must... In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child’s IEP."

• Significance: Because language and disability can look identical, an EL expert is needed to "consider" these needs accurately.

2015 "Dear Colleague" Letter (Joint Guidance)

This document is the gold standard for compliance. It explains how Title VI and IDEA overlap to protect ELL students from misidentification.

• Document: 2015 Dear Colleague Letter (ED/DOJ)

• Quote (Page 27): "It is essential that IEP teams for EL students with disabilities include persons with expertise in second language acquisition... who understand how to differentiate between limited English proficiency and a disability."

• Significance: This mandates the presence of an EL specialist to ensure the student isn't placed in special education simply because they are still learning English.

Montana State Guidance: OPI

The Montana Office of Public Instruction (OPI) provides specific procedures for English Learners who are suspected of having a disability. Montana follows federal requirements but emphasizes the collaborative role of the EL teacher.

• Document: Montana OPI English Learner (EL) Guide

• Quote:  "For an EL being evaluated for special education, the evaluation team should include a professional with expertise in second language acquisition... to ensure that the student’s language proficiency is not the primary reason for the suspected disability."

• Law (ARM): Administrative Rules of Montana (ARM) 10.16.3321 mirrors the federal requirement to include individuals with "special expertise" regarding the child.