Data collected from the 2007 American Community Survey (ACS) report on the percentage of the U.S. population aged 5 and older, reveals that on 281 million people, 55.4 million speak a language other than English at home. This segment of the population represents more than 24% and increased from 1980 to 2007 by more than 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 (ELLs), officially known as Limited English Proficient (LEPs), make up the student population in rapid growth. Between 2009 and 2010, about 10 percent, or 4.7 million students enrolled in public schools, were ELLs. School district data from 2000-2001 indicated that approximately 9.2% of ELLs were in special education, compared to 13.5% of all special education students, with the highest percentage of students classified as having learning disabilities (Zehler, Fleischman, Hopstock, Stephenson, Pendzick, & Sapru, 2003).Sullivan (2011), who analyzed disproportionality in the identification and special education placement of ELLs, also indicated a increased overrepresentation in special education, particularly in the specific learning disability (SLD) category. Additionally, other studies have shown a higher proportion of ELL students overrepresented in special education starting in third grade, compared to ELL students in lower grades who were underrepresented in special education (Artiles, Rueda, Salazar and Higareda, 2005; , 2009).Causes of errors...... middle of article ...... made 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, it increases the likelihood that effective interventions will be used for them. ELL students with or without LD. Lack of effective instruction, lack of learning opportunities, and limited English proficiency should not be a deciding factor when determining eligibility (Chu & Flores, 2011). Rather, the determination of special education should be based on evidence supported by data and results from alternative assessments, which show that, despite English as a Second Language (ESL) instruction or bilingual programs being used, the ELL students need more intensive instruction..