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Language proficiency assessment (LPA) serves as a gatekeeper to accessing language services for English learners (ELs) with and without disabilities. Moreover, research suggests that EL services are often deemphasized compared with special education services for students with significant cognitive disabilities (SCDs). We highlight the intersectional nature of educational inequities faced by ELs with SCDs by briefly examining the implications of current legal requirements and offering a critique of LPAs, particularly those designed for students with SCDs. The difficulty of identifying the relative contributions of both limited English proficiency and disability to perceived deficits in English language proficiency is especially salient for students with SCDs, as their communication challenges may be misunderstood as primarily stemming from their underlying disability. This issue raises concerns about how English language proficiency should be understood for ELs with SCDs. A failure to understand this in turn may lead to inaccurate results in diagnostic testing, in addition to inequitable access to appropriate EL services. Finally, a case is made for alternative processes that could increase access to appropriate educational programs and foster increased educational equity.

The use of alternate English language proficiency (Alt-ELP) assessments is an emerging phenomenon with real-life consequences for students with complex support needs from language minority homes. Our examination of U.S. state practices during the 2017-2018 academic year for the identification of English learners (ELs) with complex support needs revealed that only 36 states and the District of Columbia used an Alt-ELP assessment. In addition, some states provided criteria for students to exit EL services, but others did not report or have established redesignation criteria. We found that a wide range of redesignation criteria were adopted by states, revealing a lack of consensus about what constitutes ELP for students with complex support needs. These data suggested substantial challenges remain in developing and implementing Alt-ELP assessments. [This article was presented orally at the Diversity and Cultural Competence Research Colloquium at the 2019 TASH Conference on December 5, 2019.]