Legal Information

Federal laws and judicial rulings that govern Multilingual Learner programs and services

Title VI of the Civil Rights Act (1964)

Prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.

Requires school districts to take reasonable steps to make their programs, services and activities available and accessible to persons with limited English proficiency.

Equal Educational Opportunities Act (EEOA, 1974)

Prohibits discrimination against faculty, staff, and students, including racial segregation of students.

Requires school districts to take action to overcome barriers to students' equal participation.

Title III of the Every Student Succeeds Act (ESSA, 2015)

Requires school districts to ensure that English Learner and immigrant students attain English language proficiency and meet the state’s challenging academic achievement standards.

Lau v. Nichols (1974)

The U.S. Supreme Court guaranteed children an opportunity to receive a “meaningful education” regardless of their language background.

Plyler v. Doe (1982)

The U.S. Supreme Court ruled that the Constitution guarantees all children, regardless of immigration status, equal access to a basic public education, as long as they meet age and residency requirements set by state law. Schools are prohibited from inquiring about immigration status.

At the state level

Leandro v. State of North Carolina

• Summary of events in the Leandro case from EdNC

• Video: What is Leandro? from EdNC

• The Leandro Plan -- from EveryChildNC

• Background and Resources from Public School Forum of NC

• 2019 court-ordered analysis, A Sound Basic Education for All: An Action Plan for North Carolina

Resources to learn more

• Downloadable guide of federal laws and policies regarding ELs

• US Dept of Education fact sheet, "Educational Services for Immigrant Children and Those Recently Arrived to the United States"

• US Dept of Education fact sheet, "Information on the Rights of All Children to Enroll in School"

• US Dept of Justice & US Dept of Education fact sheet, "Ensuring English Learner Students Can Participate Meaningfully and Equally in Educational Programs"

• US Dept of Justice & US Dept of Education fact sheet, "Information for Limited English Proficient (LEP) Parents and Guardians and for Schools and School Districts that Communicate with Them"