Law & Policy: English Language Learners
Laws and Regulations
Federal
- Federal regulations prohibiting discrimination on the basis of nationality in federally-assisted programs, 34 C.F.R. Part 100.
- No Child Left Behind Act, with regulations issued under the Act. 20 USC § 6301 et seq., 34 CFR Part 200. (Includes various provisions concerning English Language Learners, such as assessment requirements and provisions for notice to parents.)
- Equal Education Opportunity Act, 20 USC § 1703(f) :
No State shall deny equal educational opportunity to an individual on account of his or her race, color, sex, or national origin, by ... (f) the failure by an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs.
State
- Pennsylvania regulation on English as a Second Language and bilingual instruction (22 Pa. Code § 4.26):
Every school district shall provide a program for each student whose dominant language is not English for the purpose of facilitating the student’s achievement of English proficiency and the academic standards under § 4.12 (relating to academic standards). Programs under this section shall include appropriate bilingual-bicultural or English as a second language (ESL) instruction. - Pennsylvania regulation prohibiting schools from requiring immigration information as part of school enrollment process, and requiring administration of home language survey. 22 Pa. Code § 11.11 (d) and (e).
Official Guidance
Federal
- U. S. Department of Education, Office for Civil Rights, Policy Memoranda on Schools' Obligations Toward National Origin Minority Students who are Limited-English Proficient (LEP).
- U. S. Department of Education, Office for Civil Rights, The Provision of an Equal Education Opportunity to Limited-English Proficient Students.
- U. S. Department of Education, Policy guidance issued under the No Child Left Behind Act.
State
- Pennsylvania Department of Education, Basic Education Circular, Educating Students With Limited English Proficiency (LEP) and English Language Learners (ELL).
- Pennsylvania Department of Education, Rules on certification of teachers of English as a Second Language
- Pennsylvania Department of Education, PSSA and PSSA-M Accommodations Guidelines for English Language Learners.
Other References
- Nat'l School Boards Ass'n and National Education Association, Legal Issues for School Districts Related to the Education of Undocumented Children
- Charter Schools
- English Language Learners
- Funding Schools Fairly
- Getting Information & Making Your Voice Heard
- Improving Schools
- Residency & Enrollment
- School Discipline & Alternative Education
- Students in Foster Homes, Juvenile Justice & Other Placements
- Students with Disabilities
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