Dually Identified Students: Evaluation, IEPs, ELP Testing and Exit

Estimated reading time: 19 minutes

Dually identified students are English learners who also have a disability and receive special education under IDEA, usually through an IEP. They are owed both English language services and special education, and neither replaces the other. This guide covers how many there are, the federal rules for evaluating them in their own language, what the IEP team must consider, the annual English proficiency test with accommodations or an alternate, how students exit English learner status, what changed in federal guidance in 2025, and common district mistakes.

Executive Summary

In fall 2021, 832,200 English learners in U.S. public schools were identified as students with disabilities, 15.8% of all English learners, according to NCES. Students with disabilities made up 14.7% of total public school enrollment in 2021-22.

Two sets of federal rules meet in these students: IDEA, which governs evaluation and the IEP, and the ESSA regulations, which require an annual English language proficiency test for every English learner. The risks sit in the gap between the two programs: an evaluation postponed until English improves, an IEP team with no one trained in second language acquisition, or an exit decided outside the state’s criteria.

What Are Dually Identified Students?

Dually identified students are students identified as English learners who have also been found eligible for special education under IDEA. They hold both designations at the same time, and each carries its own services, assessments and exit rules.

The California Department of Education uses the term for students “identified as EL students” who “are also students with disabilities” under IDEA. The ESSA regulations say “English learner,” WIDA writes about “multilingual learners with disabilities,” and the Texas Education Agency uses “emergent bilingual (EB) students”; Texas readers will find their process in the guides to emergent bilingual students and the LPAC committee.

English learners with a Section 504 plan rather than an IEP are not dually identified in the IDEA sense, but the assessment rules still reach them: the 504 team can decide how they participate when a disability prevents testing in a domain (34 CFR 200.6(h)(4)(ii)).

How Many English Learners Have Disabilities

Sources: NCES, English Learners in Public Schools; OSEP, IDEA Part B Child Count 2024-25. Spanish was the home language of 76.4% of English learners in fall 2021, followed by Arabic: a first indication of which evaluators and interpreters a district needs.

The Federal Rules for Dually Identified Students

What Changed in Federal Guidance in 2025

Two documents districts used for a decade to explain these duties are no longer in force. In August 2025, the U.S. Department of Education confirmed it had rescinded the January 2015 Dear Colleague letter on English learner students and limited English proficient parents, issued with the Department of Justice; a spokesperson told Education Week it was “not aligned with administration priorities.” In October 2026, both departments called it “not enforceable” in the Federal Register. The Education Department’s copy of the English Learner Tool Kit now states that it “has been formally rescinded by the Department and remains available on the web for historical purposes only.”

The regulations those documents explained did not change: the IDEA and ESSA rules cited here are in the Code of Federal Regulations as of October 2026. State guidance continues too. Check your state’s current guidance, and district counsel, before changing local procedures.

Identification and Evaluation, Step by Step

1. Confirm English learner status through the state’s process; in WIDA states, typically a home language survey and the WIDA Screener or WIDA Alternate Screener.
2. Do not wait for English to improve. Child find covers every child with a disability who needs special education (34 CFR 300.111), and the initial evaluation is due within 60 days of consent or the state’s timeframe (34 CFR 300.301(c)).
3. Plan the evaluation language. Ask which language the student normally uses at home and at school; for some bilingual students the answer is both.
4. Use several sources, not one score. No single measure decides eligibility (34 CFR 300.304(b)(2)); the group draws on tests, parent input, teacher recommendations and the child’s social or cultural background (34 CFR 300.306(c)(1)).
5. Rule out language as the cause, and for a suspected learning disability, review data showing appropriate instruction by qualified personnel (34 CFR 300.309(b)).
6. Bring language expertise into the room. The parent or the agency can add people with special expertise about the child (34 CFR 300.321(a)(6)); OSEP has written that these could include “persons with expertise in second language acquisition.”
7. Communicate in the parent’s language: consent (34 CFR 300.9), prior written notice (34 CFR 300.503(c)) and an interpreter at IEP meetings (34 CFR 300.322(e)).

Language Difference or Disability: How Teams Tell Them Apart

No single test separates a language difference from a disability: IDEA bars using any single measure as the sole criterion (34 CFR 300.304(b)(2)), so teams compare evidence across languages, settings and time, and no student may be found eligible when limited English proficiency is the determinant factor (34 CFR 300.306(b)). In a May 2024 report, the Government Accountability Office noted that it can be difficult to tell whether a student’s challenge stems from a disability, English language acquisition or both (GAO-24-107376).

These questions were written for this guide from the regulations above; use them alongside your state’s procedures.

• Home language: does the difficulty also appear in the home language?
• Instruction: has the student had appropriate instruction, including English language development, with progress data?
• Schooling history: could gaps in prior schooling explain the pattern?
• Peers: how does the student compare with English learners of similar background and time in U.S. schools?
• Tools: are the instruments valid for this student and purpose (34 CFR 300.304(c)(1)(iii))?

States are filling the gap with guidance. In a state survey for that report, 41 states said they had helped schools or districts distinguish language acquisition issues from specific learning disabilities or speech-language impairments in the previous three years, but only 17 reported checking how well districts make that distinction. Delaware, for example, told GAO that its multilingual learner success plan collects background information such as prior schooling, literacy experiences and family background. New York applies the same logic in reverse when a student with a disability may also be an English learner: a Language Proficiency Team weighs the student’s history of language use at school and at home, an evaluation that includes assessments in the home language, and the CSE’s view on whether the disability is the determinant factor (8 NYCRR 154-3.3).

The IEP for a Dually Identified Student

The IEP follows the same rules as any other, explained in the complete guide to IEP goals and the IEP meeting guide, plus one special factor: the team must “consider the language needs of the child as those needs relate to the child’s IEP” (34 CFR 300.324(a)(2)(ii)).

That does not mean every IEP needs an English language goal. In Policy Letter 21-03 (November 2021), the Office of Special Education Programs (OSEP) wrote that “there is no specific requirement in IDEA that language development goals be included in the IEP”; the team decides for each student. The letter adds, citing the since-rescinded 2015 letter, that “an English learner must receive needed English language services as a matter of civil rights law,” and recommends an English language development teacher on the IEP team.

How Language Needs Show Up in the IEP

• Present levels: English proficiency by domain, with test and date, next to academic data; see PLAAFP examples.
• Goals: set at a language level where progress can be seen, stating whether progress is measured in English, the home language or both.
• Services: who provides English language development and how it fits with specially designed instruction.
• Accommodations: chosen from the student’s needs; see IEP accommodations.
• Assessment participation: how the student takes the English proficiency test and, for an alternate, why it fits (34 CFR 300.320(a)(6)).

An example goal, written for this guide to adapt to the student’s baseline: “By the annual review, during science small-group work, [Student] will answer what and where questions about a diagram using a sentence frame, in English or Spanish, in 4 of 5 opportunities, as measured by weekly teacher data.” For communication goals tied to a speech or language impairment, see speech IEP goals.

Interpreters at IEP Meetings and Translated Documents

IDEA requires an interpreter at IEP meetings when a parent needs one and certain notices in the parent’s native language, but no rule in 34 CFR Part 300 expressly requires a translated copy of the IEP itself. The federal requirements:

States can require more. Texas requires a written or audio-recorded translation of the whole IEP, not a summary, when the parent cannot speak English and Spanish is the parent’s primary language, and a good faith effort for other languages (19 TAC 89.1055(bb), as amended effective October 4, 2026: Texas Register, September 25, 2026). Book interpreters when you schedule the meeting and send them the documents to be discussed ahead of time.

Both Services, Not One or the Other

California’s 2025 guidance says dually identified students “are entitled to both language assistance and disability-related services under federal law,” and that a parent declining disability-related services “does not affect the student’s access to language assistance services, including the required participation in the annual language assessment.”

The practical risk is the schedule: when both services pull the student out of class, core instruction is lost twice. Plan them together. WIDA describes English language specialists as playing “a vital role on IEP teams.”

Bilingual Special Education Services

Bilingual special education uses the student’s home language, alongside English, to deliver special education; under IDEA, whether a student needs it falls within the IEP team’s duty to consider the student’s language needs (34 CFR 300.324(a)(2)(ii)). New York City Public Schools, for example, describes its Bilingual Special Education (BSE) programs this way:

• Recommended on the IEP: an integrated co-teaching class or a special class with a language of instruction other than English, such as Spanish.
• Two models: dual language, with half of instruction in each language, or transitional bilingual education, with more English over time.
• When no seat is available: a bilingual paraprofessional supports the student in an English-language class while the search continues, and English as a New Language services go on.

Source: NYC Public Schools, Specialized Programs. New York’s rules for its Language Proficiency Team name teachers and related service providers “with a bilingual extension” certified under Part 80 of its regulations (8 NYCRR 154-3.2). In New York City the IEP team or the CSE makes the recommendation; see our guide to the Committee on Special Education. Texas readers will find teacher certification for bilingual programs in our guide to Texas bilingual and ESL certification.

The Annual English Language Proficiency Assessment

Every English learner in kindergarten through grade 12 takes the state’s English language proficiency (ELP) test each year, including students with IEPs (34 CFR 200.6(h)(1)). The regulation gives three routes for students with disabilities:

English learner status is never a reason for an alternate: the state’s definition of the most significant cognitive disabilities must ensure that identification as an English learner “does not determine” that status (34 CFR 200.6(d)(1)(i)). The test itself depends on the state:

Participation criteria and scores for the WIDA test are explained in WIDA Alternate ACCESS.

Dually Identified Students in Texas

In Texas, the ARD committee, in conjunction with the language proficiency assessment committee (LPAC), determines whether an emergent bilingual student meets the participation requirements for TELPAS Alternate, according to the Texas Education Agency, which plans a new TELPAS Alternate for 2028-29. Eligibility and exemptions are covered in TELPAS Alt.

Exiting English Learner Status

Under Title III of ESSA, each state sets standardized, statewide procedures for exiting English learner status, and dually identified students exit under them. In California, Assembly Bill 2555 made the ELPAC or Alternate ELPAC score the sole exit criterion on September 27, 2026, dually identified students included; an alternate path for eligible students with IEPs opens July 1, 2028. For students who take an alternate test, states set their own thresholds:

Sources: California Department of Education (2026); Massachusetts DESE; WIDA, Kansas page; Indiana Department of Education (2026-27). Massachusetts also requires four years of monitoring after exit. Rules change, so read your state’s current guidance.

Funding and Staffing

Colorado’s Title III guidance states that Title III funds “must only be used to provide additional services, staff, programs, or materials.” Staffing is the harder limit: 45 states reported special education teacher shortages in 2024-25 (Learning Policy Institute, 2026).

Common Mistakes District Leaders Make

1. Waiting for English before referring. A student who struggles in both languages needs an evaluation now.
2. Testing only in English. An English-only battery measures English, the factor that cannot drive eligibility.
3. Ending EL services when the IEP starts. Each program ends only under its own exit rules.
4. IEP meetings with no language expertise. No one can say whether a need reflects a disability or a stage of English.
5. Choosing the alternate ELP test from a label. Neither EL status nor a disability category decides it.
6. Exiting through the IEP team. Exit follows the state’s criteria.
7. Two offices, two calendars. Separate systems produce double pull-outs and missed decisions.

Questions District Leaders Should Ask

• How does our special education identification rate for English learners compare with all students?
• How long does it take from a teacher’s concern to an evaluation for an English learner?
• How many evaluations last year used the home language, and when not, why?
• Who on our IEP teams has training in second language acquisition?
• Did every dually identified student who exited EL status last year meet the state’s criteria?

Frequently Asked Questions

What is ELL in special education?

ELL stands for English language learner, the student ESSA rules now call an English learner. In special education, the term usually points to an English learner who also has a disability and an IEP, often called a dually identified student. That student keeps English language services while receiving special education, must be evaluated in the native language unless clearly not feasible, and takes the annual English proficiency test.

Do ELL students have IEPs?

Only those found eligible for special education. Being an English learner is not a disability, and a student cannot be found eligible when limited English proficiency is the determinant factor (34 CFR 300.306(b)). An English learner who has a disability and needs special education gets an IEP like any other student, with one added duty: the team must consider the student’s language needs.

What are ELL students called now?

The ESSA regulations use “English learner,” often shortened to EL. WIDA and some state agencies, such as California’s, say “multilingual learner.” Texas uses “emergent bilingual” (EB). “ELL” is still used, including on WIDA’s ACCESS page. The terms describe the same students, though state definitions and identification procedures differ, so check which term and criteria your state uses in its official guidance.

What are some best practices for supporting English learners with disabilities?

Evaluate in the home language, include a specialist in second language acquisition on the IEP team, and report English proficiency by domain in the present levels. Plan English language development and special education together so the student does not lose core instruction twice. Talk with families in their language, use interpreters at every meeting, and track progress on both language and IEP goals.

How to identify learning disabilities in ELL students?

Use a full evaluation in the student’s native language unless clearly not feasible, with several sources rather than one score. Check whether the difficulty also appears in the home language, gather data showing the student received appropriate instruction, and compare with similar English learners. IDEA requires the group to find that results are not primarily the result of limited English proficiency or cultural factors (34 CFR 300.309).

Can AI help teams working with dually identified students?

AI tools can help a team draft a plain-language summary of evaluation results for a family, prepare a translated agenda for a qualified interpreter to review, or list questions about language versus disability. Leave out names and any identifying details, follow district policy, and keep eligibility and exit decisions with the team. The ChatGPT for teachers guide covers safe prompting.

Related Resources

• IEP Goals: How to Write Measurable Goals
• IEP Meeting Guide
• IEP Accommodations
• PLAAFP Examples
• WIDA Alternate ACCESS
• TELPAS Alt: Who Takes the Alternate Assessment

Conclusion

Dually identified students are owed two programs at once, and the rules for each are clear: evaluate in the language the student uses, never let limited English decide eligibility, consider language needs in every IEP, test English proficiency every year with the right supports, and exit only on the state’s criteria. Federal guidance changed in 2025; the regulations did not. The districts that do this well put EL and special education staff on one team.

Sources: 34 CFR 200.6, Inclusion of all students (ESSA assessment regulations); NCES, English Learners in Public Schools (May 2024); U.S. Department of Education, OSEP, 2024-25 Static Tables (Part B Child Count & Educational Environments); U.S. Department of Education, English Learner Tool Kit (2nd rev. ed., 2017; rescinded, online for historical purposes only); ED Office for Civil Rights and DOJ Civil Rights Division, Dear Colleague Letter: English Learner Students and Limited English Proficient Parents (January 7, 2015; rescinded 2025, historical reference only); Education Week, Trump Admin. Quietly Rescinds Guidance on English Learners’ Rights (August 20, 2025); DOJ and ED, Clarification on Guidance Documents Regarding Federal Nondiscrimination Laws, 91 FR 66840 (October 23, 2026); OSEP Policy Letter 21-03 to Boals (November 15, 2021); California Department of Education, Guidance Letter on Dually Identified Students (February 7, 2025; reclassification criteria superseded by AB 2555, September 2026); WIDA, Supporting Multilingual Learners With Disabilities; Texas Education Agency, TELPAS Alternate Resources. Other sections of 34 CFR Part 300 and the state exit guidance are linked where they are cited.

Join the 2027 Special Education Pilot

A dually identified student needs extra practice on two fronts at once, language and the skills in each IEP goal, and adult 1-on-1 time is scarce in both programs. Telo AI is being adapted for students with IEPs: patient, 1-on-1 practice aligned to each student’s IEP goals, including speaking practice. We are inviting districts to shape it with us in a 2027 pilot.

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