“…The issue of disproportionate representation has persisted despite protections in IDEIA (2004) to minimize linguistic, racial, or cultural bias in special education processes, including requiring multidisciplinary teams (MDTs) to assure that presenting problems are not the result of limited English proficiency or lack of access to quality instruction. Among the barriers to appropriate representation are inappropriate referrals and the lack of valid and reliable assessment instruments for ELLs (Collier & Hoover, 1987;Johnson, Lessem, Berquist, Carmichael, & Whitten, n.d.;Ochoa, Pacheco, & Omark, 1983;Ortiz, 2001;Palmer, Olivarez, Wilson, & Fordyce, 1989;Rodriguez & Carrasquillo, 1997;Wagner et al, 2005;Zavala & Mims, 1983). There is little to guide educators as they determine whether poor academic performance reflects instruction that was not matched to the student's language and cultural characteristics, whether low test scores are artifacts of assessments, or whether limited English proficiency is masking disabilities (Wagner et al, 2005).…”