Families · ENL and special education

Learning English and having an IEP

🆕 Important change (2026-27): New York is joining the WIDA Consortium. The last NYSESLAT was in spring 2026. Starting spring 2027, English learners take the WIDA ACCESS (or Alternate ACCESS) test each year instead. The NYSITELL (the first English test for new students) continues until the WIDA Screener replaces it in fall 2027. Where this guide says "NYSESLAT", read it as "the yearly English test" (NYSESLAT before 2027, WIDA ACCESS from 2027). How students exit ELL status with WIDA ACCESS scores has not been published yet. Source: NYSED: WIDA Consortium and NYSED (checked Nov 7, 2026).

Two needs, two sets of services. One never replaces the other.

Some students are English Language Learners and students with disabilities. New York rules protect both needs. The main guide is the January 2024 joint memo from NYSED's Office of Bilingual Education and World Languages and Office of Special Education. [source]

The 8 key rules

Both servicesAlwaysENL or Bilingual services are general education and continue; special education is added, not swapped in. Scheduling or staff shortages are not a reason to drop either. [source]
No waiting to evaluateAny timeThere is no minimum waiting period before a newly enrolled ELL can be evaluated for a disability. The usual 60-day timeline applies. [source] [source]
Evaluate in the right languageEvery testTests are given in the student's native language or mode of communication unless clearly not possible, and must measure a disability, not English skills. [source]
Language is not the reasonEligibilityLimited English cannot be the determining factor for finding a disability. [source]
Language Proficiency TeamAt enrollment, with an IEPDecides whether a student with an IEP takes the NYSITELL, so a disability is not mistaken for a language need. [source]
The right people at the CSEEvery meetingThe CSE includes someone certified to teach ESOL or bilingual education, and must consider the student's language needs in the IEP. [source] [source]
Same exit rulesEach springThe student leaves ELL status only by NYSESLAT Commanding, or Expanding plus a proficient ELA score. The CSE cannot end ENL because it believes the disability explains the score. The CSE decides each year how the student takes the NYSESLAT (with or without IEP accommodations, or an alternate the Commissioner allows). [source] [source]
Testing help from bothNYS testsELL testing accommodations apply while an ELL and up to 2 years after; disability accommodations must still be written in the IEP. [source] [source]

The CSE should consider whether ENL can be given inside special education programs, for example a bilingual Integrated Co-Teaching class. [source]

Is it language or a disability?

Every child learning a new language goes through normal stages, like a quiet period, mixing languages, or slower reading in English. A disability shows up in both languages and across settings. Good questions for the team:

How does my child do in the home language? Has anyone checked?
How long has my child had ENL, and how much progress on the NYSESLAT?
How does my child compare with other ELLs with a similar background and time in the U.S.?
Was school ever interrupted (SIFE)? [source]
Were the tests in our home language, or bilingual? Who gave them? [source]

Your language rights at meetings

Interpreter

The school must do what is needed so you understand the meeting, including an interpreter for parents whose native language is not English. [source] [source]

Results in your language

Evaluation results are given to you in your native language or mode of communication. [source]

Checklist for dual-identified families

Ask for an interpreter when the meeting is scheduled.
Ask: who on the CSE is certified in ESOL or bilingual education?
Ask: how will ENL minutes and IEP services both fit in the schedule?
Ask: what testing accommodations come from ELL status, and which from the IEP?
Ask: how will my child take the NYSESLAT this year?
Ask for the IEP and letters translated, or read to you in your language.

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Questions families ask

Will my child lose ENL time because of IEP services?

No. NYSED says ENL/Bilingual services continue and special education is not a substitute; the school must plan a schedule that gives both. [source]

Can my child leave ENL because of the disability?

Only by the same NYSESLAT exit rules as every ELL. The CSE decides each year how your child takes the NYSESLAT. [source] [source]

Can my child be tested in our home language?

Yes. Tests must be in the native language or mode of communication unless clearly not possible. [source]

Does an IEP replace ELL testing help?

No. ELL testing accommodations apply while your child is an ELL and for 2 years after; IEP testing accommodations are added. [source] [source]

🌎 Resumen en español: ENL y educación especial juntos

Un estudiante puede aprender inglés y también tener una discapacidad. Recibe los dos servicios: ENL o bilingüe, más educación especial. Uno no reemplaza al otro.

No hay que esperar para evaluar a un estudiante que aprende inglés. Las pruebas deben darse en su idioma natal cuando sea posible y deben medir una discapacidad, no el inglés.

El comité (CSE) debe incluir a alguien certificado en ESOL o educación bilingüe. Su hijo sale de ENL solo con las mismas reglas del NYSESLAT que los demás.

Usted tiene derecho a un intérprete gratis y a recibir los resultados en su idioma. Esta es información general, no es asesoría legal.

Official sources

Every rule on this page comes from these official pages (checked Nov 7, 2026). Rules can change. If a link and this page ever disagree, the official page wins.

This is general information, not legal advice. We explain New York State and federal rules in plain words so families can make informed choices. For a decision about your child, talk with your school, a Family and Community Engagement (FACE) Center, or a lawyer. Facts checked Nov 7, 2026.