FAQ- Bilingual and ESL Questions- Part 2

What if I would like to refer an ELL student for special services?

An ELL student who is suspected of being disabled and in need of special services may be referred at any point. It is wise, however, to make sure that this child’s learning difficulties are not a result of inadequate exposure to the second language. There should be extensive documentation through the I & RSS process. Reasons for referral may include but are not limited to:

• Significantly slow academic progress despite appropriate

• Social/emotional problems in class or on

• Speech and/or language impairments not attributable to acquiring English as a second language.

• Health/sensory

Immediate referral for special education may be made if any of the following conditions are present:

• Gross developmental

• Significant health/physical impairments (e.g., deaf, hard-of-hearing, blind, orthopedically impaired).

• Documented history of special education services in the country of

When conditions such as these are obvious, students would probably not benefit from simple modification to the regular program.

If an ELL is referred for special education, how should the parent be notified?

Before a Meeting:

Parental involvement through the referral and evaluation process is important and districts should make every effort to ensure parental participation at meetings.

After a Meeting:

Written notice must be provided to the parents within 15 days following a meeting of the IEP team (N.J.A.C. 6A:14-2.3(h). According to N.J.A.C. 6A:14-2.4:

1. a) Written notice to the parent shall be provided and parent conferences required by this chapter shall be conducted in the language used for communication by the parent and student unless it is clearly not feasible to do so.

1. Foreign language interpreters or translators and sign language interpreters for the deaf shall be provided, when necessary, by the district board of education at no cost to the parent.

1. b) If the native language is not a written language, the district board of education shall take steps to ensure that:

1. The notice is translated orally or by other means to the parent in his or her native language or other mode of communication;

2. That the parent understands the content of the notice; and
3. There is written documentation that the requirements of (b)1 and 2 above have been met.

Why don’t all districts provide bilingual and ESL services?

Waiver process provided by statute

The statute that addresses this question, N.J.A.C. 6A:15-1.5(a) reads as follows:

• A district may request a waiver from N.J.A.C. 6A:15-1.4(d) to establish an instructional program alternative on an annual basis with the approval of the Department of Education when there are 20 or more students eligible for the bilingual education programs in grades kindergarten through 12 and the district is able to demonstrate that due to the age range, grade span and/or geographic location of eligible students, it would be impractical to provide a full-time bilingual