A new generation of Hispanic students are at risk due to inadequacies in our educational system. The inadequacies which include lack of prepared teachers and misuse of testing and assessment procedures impact special education programs, in particular, when one examines practices relative to Latino students in the area of learning disabilities. The article addresses problems in the definition of learning disabilities, learner variability, and the effects of race, poverty, culture, and language on educational outcomes. The authors call for a new assessment paradigm that would require the restructuring of professional development programs and institutional practices in public schools that are not in line with current research on topics related to this population including second language acquisition and cognitive development.