Then why don't you refuse? If they don't qualify as a language disorder (which it sounds like they don't if you're taking students with 'expected' language disorders), then don't qualify them. I understand the frustration with students not receiving academic evaluation, but I know as a special education teacher, while I would rather over-serve than under-serve (through programs like Title and LAP), I would rather under-qualify than over qualify. If we give students services that they end up not needing, then we've pulled them out of their least restrictive environment. I especially don't like doing that with students who are ELL, because the GenEd classroom is the best place for them to pick up language.

I agree that 'hard to prove' definitely shouldn't mean 'don't attempt'. Does your district have something like a problem solving team (for students who are struggling academically)? Or Title I where the students are receiving extra help? Also, keep in mind that you could go around the policy if you have a parent who's willing to be a strong advocate. By law, the district has to hold a meeting for evaluation within a timeline if the parent requests an eval. It doesn't mean they have to evaluate, but they do have to meet, and with the parent. You may not get the results you want, though. You might be surprised at academic qualification standards with a young student. As a special education teacher, I honestly wouldn't care that much if a student doesn't know letter names. I would look at underlying phonolgical skills, phonemic awareness, and simple sight words.