When a school evaluates a student who speaks another language at home, one federal rule shapes almost every decision the team makes. It sits in the IDEA regulations at 34 CFR 300.304, and it is worth reading word for word.
What the rule says
Assessments used to evaluate a child for special education must be:
"provided and administered in the child's native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer."
The same section requires that assessments be selected and administered so as not to be discriminatory on a racial or cultural basis (34 CFR 300.304(c)(1)(i) and (ii)).
Two phrases do most of the work: "native language" and "most likely to yield accurate information." The goal is not to run a test in a particular language for its own sake. It is to find out what the student actually knows and can do.
What it means for English learners
Learning English is not a disability. As ASHA puts it, "Being multilingual is not a communication disorder" (ASHA). At the same time, an English learner who may have a disability still has the right to a timely evaluation.
So teams face two risks at once:
Over-identification: calling typical second-language learning a disability.
Under-identification and delay: waiting for English to "catch up" while a real disability goes unaddressed.
Practical steps for Michigan teams
Gather the language history first
Before choosing tests, find out which languages the student hears and uses at home and at school, for how long, and with whom. This shapes everything that follows.
Evaluate in both languages when the student uses both
ASHA's guidance is that signs of a true communication disorder show up across all the languages a person uses (ASHA). Looking at only one language cannot tell you that.
Interpret scores with care
ASHA also notes that standardized scores are not valid and should not be reported for a child who is not represented in the test's normative sample. Language samples, dynamic assessment and family interviews fill the gap.
Talk with the family in their language
Parents are a key source of developmental history, and they have the right to understand and take part in decisions. An evaluator who speaks the family's language makes that far easier.
Keep the timeline
In Michigan, no more than 30 school days may pass between receiving parental consent for an evaluation and the notice of an offer of FAPE or a determination of ineligibility, unless the timeline is extended by written agreement (Michigan rule R 340.1721b). Bilingual evaluations take more planning, so start arranging them as soon as consent comes in.
When the language is Arabic
Southeast Michigan has the largest share of Arabic speakers of any US metro area (Pew Research Center). If your team does not have an Arabic-speaking evaluator, that is where 300.304 matters most. Read more in Arabic bilingual speech and language evaluations.
How Anwar House of Therapy can help
We provide speech and language evaluations with written reports ready for the IEP team, including Arabic bilingual evaluations completed by clinicians who speak Arabic. We also offer 504, IEP and MTSS consulting for districts and charter schools.
Frequently asked questions
Does 34 CFR 300.304 apply only to English learners?
No. It applies to every special education evaluation. It matters most when a student uses a language other than English, because that is where the risk of an inaccurate result is highest.
Can we use an interpreter instead of a bilingual evaluator?
Sometimes an interpreter is the only option. An evaluator who speaks the student's language lets the student and family communicate directly with the person making clinical judgments.
How long does Michigan allow for an initial evaluation?
No more than 30 school days from parental consent to the notice of an offer of FAPE or a determination of ineligibility, unless extended by written agreement under R 340.1721b.
Need help with a bilingual evaluation? See our Arabic bilingual evaluations or our school staffing services.
This post is general information, not legal advice. Check with your district's counsel or ISD on specific cases.
