Data collected from the 2007 American Community Survey (ACS) report on the percentage of the US population, aged 5 years and older, reports that out of 281 million of people, 55.4 million speak a language other than English at home. This segment of the population constitutes over 24% and increased from 1980 to 2007 by over 140%. Of the 55.4 million people whose primary language is other than English, 62% speak Spanish, making up the largest group of foreign language speakers in the United States (Shin & Kominski, 2010). According to the National Center for Education Statistics ( 2012 ) in U.S. public schools, English Language Learners (ELL), formally known as Limited English Proficient (LEP), represent the rapidly growing student population. Between 2009 and 2010, approximately 10 percent, or 4.7 million students enrolled in public schools were ELLs. School district data from 2000 to 2001 reported that approximately 9.2% of ELLs were served in special education, compared to 13.5% of all students in special education, the highest percentage of students classified as having difficulty of learning (Zehler, Fleischman, Hopstock, Stephenson, Pendzick, & Sapru, 2003). Sullivan (2011), who analyzed disproportionality in the identification and placement of ELLs in special education, also indicated greater overrepresentation in special education, especially in the specific learning disabilities (SLD) category. Additionally, other studies have shown a greater percentage of ELL students who were overrepresented in special education by third grade or higher, compared to ELL students in lower grades who were underrepresented in special education (Artiles, Rueda, Salazar, & Higareda, 2005; Samson & Lesaux , 2009).Causes for mis…… half of the paper…… done regarding the differences and similarities between LD and language acquisition. When teachers and professionals build a knowledge base about the second language acquisition process and develop an understanding of the characteristics associated with learning disabilities, the likelihood that effective interventions will be employed for ELL students with or without LD increases. Lack of effective instruction, lack of learning opportunities, and limited English proficiency should not be a deciding factor in determining eligibility (Chu & Flores, 2011). Rather, the special education determination should be based on evidence supported by alternative assessment data and scores showing that, despite English as a Second Language (ESL) instruction or bilingual programs used, ELL students require special education more intensive.