Federal & State Compliance
Federal Obligations
Dear Colleague Letter - U.S. Department of Education, Office for Civil Rights, and U.S. Department of Justice - 2015
This document provides guidance to assist SEAs, school districts, and all public schools in meeting their legal obligations to ensure that EL students can participate meaningfully and equally in educational programs and services. This guidance provides an outline of the legal obligations of SEAs and school districts to EL students under the civil rights laws. Additionally, the guidance discusses compliance issues that frequently arise in OCR and DOJ investigations under Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act and offers approaches that SEAs and school districts may use to meet their federal obligations to EL students. The guidance also includes discussion of how SEAs and school districts can implement their Title III grants and subgrants in a manner consistent with these civil rights obligations. Finally, the guidance discusses the federal obligation to ensure that Limited English Proficient parents and guardians have meaningful access to district- and school-related information.
http://www2.ed.gov/about/offices/list/ocr/letters/colleague-el-201501.pdf (full letter)
https://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-el-students-201501.pdf (fact sheet)
Title VI of the Civil Rights Act of 1964
“No person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”
Implications for English Learner or Limited English Proficient Students:
1. Students cannot be discriminated against due to language. EL students cannot be denied services, e.g., AG because the teacher does not speak the language.
2. Students cannot be refused enrollment due to limited English proficiency. Students are entitled to education in a public school until age 21.
3. Students cannot be retained due to limited English proficiency. Additionally, this means that as a practice, F’s, D’s or U’s should not be given if English language ability prevents the student from performing the same as a native speaker of English. However, grading decisions are made at the school level, and such variables as effort, participation and attendance should be considered. Students cannot be expelled or suspended because of their limited English proficiency status.
Title VI of the Civil Rights Act of 1964
U.S. Department of Education, Office of Elementary and Secondary Education Non-regulatory Guidance: English Learners and Title III of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA) - 2016
This guidance provides state and local educational agencies (SEAs and LEAs) with information to assist them in meeting their obligations under Title III of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act of 2015 (ESSA). This guidance also provides members of the public with information about their rights under this law and other relevant laws and regulations.
The Health, Education, and Welfare (HEW) Memorandum of May 25, 1970
“Where the inability to speak and understand the English language excludes national origin minority group children from effective participation in the educational program offered by a school district, the district must take affirmative steps to rectify the language deficiency in order to open its instructional program to these students.”
Lau vs. Nichols (1974)
This case involved a suit by Chinese parents in San Francisco which led to a ruling that identical education does not constitute equal education under the Title VI of the Civil Rights Act of 1964. School districts must take the affirmative steps to overcome educational barriers faced by non-English speakers, i.e. to develop a plan.
The Equal Opportunity Act of 1974
This act requires a local school agency to take the appropriate action to overcome language barriers that impede students' equal participation in its instructional programs. A policy must be in place (Lau Plan).
The Equal Opportunity Act of 1974
Rios vs. Read (1978)
States must identify LEP students through valid testing. Program must be monitored. No premature exit without valid testing.
Castañeda vs. Pickard (1981)
The program that is used to serve students must be based on sound theory and show reasonable success.
Plyler vs. Doe (1982)
Students cannot be refused enrollment due to lack of legal documentation. Enrollment cannot be denied to students here on a Visitor’s Visa, as long as they are here with parents or legal guardian. If they are not here with parent or legal guardian, the system does not have to enroll the student, but DPI recommends erring on the side of enrollment. Students need “satisfactory proof of age.” Birth certificate is not required; requirement can be satisfied by baptismal certificate, medical records, affidavit signed by parents. Students do not need a social security number. School officials are not to inquire into legal status of students. The assumption is that the children to do not come here on their own.
Civil Rights Restoration Act of 1988
All federal programs are "at risk" (may risk a loss of funds) if there is a failure to comply with statuses regarding education of English learners.
Civil Rights Restoration Act of 1988
P.L 103-302 Improving America's School Act (IASA) - 1994
This act authorizes full participation of eligible students with limited English proficiency in Title I programs for economically disadvantaged children. It states, "...limited English proficient children are eligible for services on the same basis as other children selected to receive services." It also states, "...limited English proficient students shall be assessed to the extent practicable, in the language and form most likely to yield accurate and reliable information on whatever students know and can do to determine such student's mastery of skills in subjects other than English."