My daughter is not ELL. She is bilingual, and yes that does artificially depress monolingual verbal IQ, but she is not in the population the exemption is intended for. Just because others use the exemption, doesn't mean it is okay.
I didn't write the law/policy/whatever involved here, so I can't say what the intention was, but it seems to me that if you have a child who would receive VIX scores that are not representative of their abilities due to multilingualism, then that child is exactly the population the exemption is designed to serve. You can't directly compare monolingual children to multilingual children, because they have different language trajectories. If "language mastery" were a thing that could be converted to a mathematical value and plotted, the graph of a monolingual child would look more like a linear function, and a multilingual child would look more like an exponential function (in the language being tested).
Ethnicity is irrelevant.
