The law is very clear for assessment that the child has to be assessed in all the language they understand. It can take time for the district to find the appropriate person, but they are still supposed to do it in the 60-day timeline.
Sections 303.321(a)(5) and 303.321(a)(6) state that all evaluations and assessments of a child must be conducted in the native language of the child, in accordance with the definition of native language in §303.25, unless clearly not feasible to do so. Not feasible would mean they could not find anyone who could do the assessment in that language.
If the parent needs an interpreter, they can also ask for the assessment plan to be translated. There are a lot of legal protections in place, but districts often try to deny it because mostly they can because parents don't know their rights. They do not have to provide translations of the assessment or IEP for months afterward, but the interpreter can read it to them.
They can assess the child in English and then the parents can ask for an IEE in other languages.
A child can of course be an ELL and be eligible for an IEP also. However, they are supposed to say that the cause of the child's educational struggle is not their language barrier; so yes, the outside medical diagnosis might help but it isn't the same thing as IEP eligibility.
They are required to provide translation of the documents and a translator for the parents for the meeting. This is similar with RC assessment.
For more information, see Parental Participation and Procedural Safeguards.
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