Limited English Proficient Parent and Student Rights
District 49's CLDE Department is committed to ensuring parents and students know their rights. Below is information on a parent's rights, relevant laws pertaining to English language learners, and responsibilities of schools and districts to limited English proficient parents and students.
Federal Laws Pertaining to Language Learners
Title VI of the Civil Rights Act (1964)
-
Prohibits discrimination based on race, color or national origin
-
Students may not be excluded from any program or activity receiving federal financial assistance
Office of Civil Rights Memorandum (1970)
-
Requires school districts to take affirmative steps to rectify language deficiencies
-
Prohibits assignment to special education classes based on English language skills
-
Requires parent notification of school activities
-
Forbids specialized programs for English learners to operate as an educational dead-end or permanent track
Supreme Court Case Lau v Nichols (1974)
- Requires schools to make linguistically appropriate accommodations in order to provide students equal educational opportunities.
Equal Educational Opportunities Act of 1974
- Denial of equal educational opportunity prohibited
- Prohibits discrimination against faculty, staff and students, including racial segregation of students
- Requires school districts to take action to overcome academic and linguistic barriers to students' equal participation
Lau Remedies (1975)
- Districts and schools are required to
- Determine instructional English language development programs
- Decide when English learners no longer need English language development services
- Determine the professional standards educators must meet to deliver the English language development program
Supreme Court Case Castañeda v. Pickard (1981)
- Established a three-prong approach to measure compliance with the Equal Educational Opportunities Act of 1974 as it relates to English learner programs
- Theory- the program must be based on sound educational theory
- Practice- the program is implemented with fidelity and with appropriate fiscal and human resources to transform theory into practice
- Evaluation- measures the effectiveness of the program
Supreme Court Case Plyer v. Doe
- Public schools may not deny admission to a student during initial enrollment or at any other time on the basis of undocumented status
District 49's CLDE Department is committed to ensuring parents and students know their rights. Below is information on a parent's rights, relevant laws pertaining to English language learners, and responsibilities of schools and districts to limited English proficient parents and students.
Federal Laws Pertaining to Language Learners
Title VI of the Civil Rights Act (1964)
-
Prohibits discrimination based on race, color or national origin
-
Students may not be excluded from any program or activity receiving federal financial assistance
Office of Civil Rights Memorandum (1970)
-
Requires school districts to take affirmative steps to rectify language deficiencies
-
Prohibits assignment to special education classes based on English language skills
-
Requires parent notification of school activities
-
Forbids specialized programs for English learners to operate as an educational dead-end or permanent track
Supreme Court Case Lau v Nichols (1974)
- Requires schools to make linguistically appropriate accommodations in order to provide students equal educational opportunities.
Equal Educational Opportunities Act of 1974
- Denial of equal educational opportunity prohibited
- Prohibits discrimination against faculty, staff and students, including racial segregation of students
- Requires school districts to take action to overcome academic and linguistic barriers to students' equal participation
Lau Remedies (1975)
- Districts and schools are required to
- Determine instructional English language development programs
- Decide when English learners no longer need English language development services
- Determine the professional standards educators must meet to deliver the English language development program
Supreme Court Case Castañeda v. Pickard (1981)
- Established a three-prong approach to measure compliance with the Equal Educational Opportunities Act of 1974 as it relates to English learner programs
- Theory- the program must be based on sound educational theory
- Practice- the program is implemented with fidelity and with appropriate fiscal and human resources to transform theory into practice
- Evaluation- measures the effectiveness of the program
Supreme Court Case Plyer v. Doe
- Public schools may not deny admission to a student during initial enrollment or at any other time on the basis of undocumented status
