Special education referral for English language learners is a complex issue that is confounded by both language and cultural issues. The characteristics of students in the process of learning English as a second language can be confused with the characteristics of a communication disorder or learning disability. For this reason, ELLs are sometimes misidentified as needing special services.

Sometimes, too, students who are in need of services are overlooked because their lack of academic achievement is assumed to be associated with limited English proficiency. Rules governing social interactions, including norms for verbal and nonverbal communication, also vary between cultures and can lead to misinterpretation of an English language learner's behavior in the classroom.

Overall, ELLs are underrepresented in special education. However, they also tend to be overrepresented in some areas, including Speech-Language Impairment, Mental Retardation, and Emotional Disturbance.

Research on special education and English language learners has been limited. Currently, ELLs are referred for special education evaluation based on the same academic behaviors as native English speakers. However, care must be taken to ensure that these behaviors are, indeed, the result of a learning difficulty and are not associated with lack of English proficiency. Holtzman and Wilkinson (1991) emphasize the need for pre-referral intervention that takes place over a sufficient period of time and includes instruction in the native language. Only after a variety of educational and behavioral interventions has proven unsuccessful should an English language learner be referred for a complete evaluation. If a referral is made, the student will benefit from assessment in both of his/her languages.