Rights of Limited-English Proficient Students
By Christie Nicholson, J.D. | Legally reviewed by Susan Mills Richmond, Esq. | Last reviewed July 11, 2024
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American children have the right to an education in the United States. Under the Civil Rights Act of 1964, public schools are forbidden to discriminate on the basis of race, color, or national origin. Public schools must also take reasonable steps to ensure that limited English proficient (LEP) students can fully take part in school programs and services.
A student's limited English skills should not interfere with their educational opportunities. Schools can't exclude non-English-speaking students from the rights and opportunities available to others. This type of behavior may qualify as discrimination on the basis of national origin.
Below are some frequently asked questions about the rights of limited-English proficient (LEP) students.
- What happens if schools don't offer LEP services to help overcome language barriers?
- What prompted the new laws about bilingual students?
- What federal law requires that school districts address the needs of English language learners?
- What if parents do not want their children to have language services?
- How long does a district have to provide special services to ELL students?
- What is the Equal Educational Opportunities Act of 1973?
- Get professional legal help from a civil rights attorney
What happens if schools don't offer LEP services to help overcome language barriers?
Limited-English proficient students (English-language learners) are sometimes at a severe disadvantage in school. Whether they attend public or private schools, they are at the mercy of that school's policies and programs.
Some of the issues LEP students face in school include:
- Language barriers in the classroom
- No access to interpreter services in the classroom
- Lack of quality language assistance programs
- Falling behind in their grades
- Dropping out of school
- Administrators may place LEP students in special education classes
- Lack of meaningful access to high-track courses and "gifted and talented" programs
- They don't have equal access to sports, extra-curricular activities, and other educational services
These barriers make it difficult for LEP students to take advantage of educational programs. This has a ripple effect that continues through college and post-graduation. It can also make it challenging for them to find high-value career opportunities.
What Prompted the New Laws About Bilingual Students?
In 1970, the Department of Health, Education, and Welfare issued a memorandum to all public schools with a high number of non-English speaking students. Based on its findings, DHEW said that many schools were depriving LEP students of their right to a quality education.
The federal government was requiring public schools with more than 5% of students with Spanish names to:
- Schools must offer LEP students equal access to all educational programs
- Schools were not to assign LEP students to special education classes based on their language proficiencies
- Educators and school administrators could not deny LEP students the right to take honors and college prep courses
- Schools must offer special language skills courses to these students
- Schools must notify limited English-proficient parents of school activities
The memo indicated that the Office for Civil Rights (OCR) would enforce compliance with the May 25, 1970, memo.
What federal law requires that school districts address the needs of English language learners?
Title VI of the Civil Rights Act of 1964 prohibits national origin discrimination. The U.S. Supreme Court affirmed the provisions of the U.S. Department of Education's May 1970 memo in Lau v. Nichols.
The memo directed school districts to help LEP students overcome language barriers. Schools were to also ensure LEP sstudents can take part in the district's educational programs.
The memo specifically addressed schools with high enrollments of LEP students. But, federal laws apply to all recipients of federal financial assistance. This included private schools getting federal funding.
What if parents do not want their children to have language services?
Federal law does not force parents to enroll their children in an English-language learners (ELL) program. But, schools must offer these special classes to ELL students.
A parent could decline participation of their child. But, the school district still has a responsibility to ensure the student has an equal opportunity to meet their English language and academic needs.
Districts can meet this obligation in a variety of ways, including:
- Adequate training for classroom teachers on second language acquisition
- Monitoring the educational progress of the student
- Make changes to the programs as needed
- Keeping parents of LEP students informed of new programs and educational opportunities
How long does a district have to provide special services to ELL students?
Schools must offer alternative services to English-language learner (ELL) students. They must do so until they are proficient enough in English to take part meaningfully in regular academic programs.
School districts must consider several factors when deciding if a child is ready to exit ELL programs. These include:
- Students' ability to keep up with their non-ELL peers in the regular education program
- ELL students' ability to take part successfully without the use of adapted or simplified English materials
Exit criteria must include objective measures of students' ability to read, write, speak, and comprehend English.
What is the Equal Educational Opportunities Act of 1973?
Three years after DHEW issued its memo about ELL learners, the federal government passed the Equal Educational Opportunities Act of 1973. Congress passed this act to address the problems LEP students faced in public educational agencies.
This law repealed the Emergency School Aid Act. It banned public schools from discriminating on the basis of race, color, sex, and national origin. Specifically, the EEOA said the government would help schools interested in revamping their curriculum to include LEP students.
This law also gives school districts and local governments the power to realign school zones to fit the needs of non-English speaking students.
Get Professional Legal Help from a Civil Rights Attorney
Having limited English language skills can be very frustrating for many students. National origin discrimination can aggravate this frustration.
If your child is an LEP student and has experienced discrimination at school, contact a civil rights attorney near you.
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Contact a qualified civil rights attorney to help you protect your rights.