What do you do if a student who is still acquiring English is not making progress?

Do you have this question–

We have a student who is a formerly Limited English Proficient (FLEP) and is now failing. He has already been retained. Looking at his data, we are concerned that there may be issues that are beyond language with which he is struggling. In the mean time, as we transition to the WIDA MODEL and have no assessment program here at the school, what do I use and where do I get it?
I understand the challenge you are having and it seems as though you are going down a checklist of what would be an appropriate referral to special education. I am assuming this student is not a student receiving special education services right now.

Here are a few questions that can help guiden your problem solving process

If you can help me answer a few questions:

What grade is the student?
What is his/her background?
How long has he been in the US?
What is the family composition? Which language is spoken at home?
Has the child received interventions with fidelity (as intended for two cycles of 4-6 weeks?)
Does the student, as a FLEP, have average and age appropriate vocabulary in social situations? In academic situations?
Has there been a traumatic experience recently (i.e. Death in the family, shooting, family violence, divorce, loss of shelter, etc)?
What is the students reading level? Is there a history of DIBELS scores and what are they?
Was the child showing growth academically as he gained English and now he is not or has he/she been brought up for special education evaluation before and been denied?
Are there records of the assessments from previous years?
Is the SEI classroom, if in one, using category strategies consistently?