Is the only legal basis for conducting a Title VI Language Minority investigation the May 25, 1970 Memorandum?
This interpretative guideline announces the basic requirements imposed by Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d, et seq., regarding the treatment of language minority students. The May 25, 1970 Memorandum, “Identification of Discrimination and Denial of Services on the Basis of National Origin,” 35 Fed. Reg. 11395, announced requirements of Title VI and the Department regulations which implement the Title, 34 C.F.R. Part 100, specifically, 34 C.F.R. § 100.3 (b), (prohibited discrimination) as these requirements pertain to the treatment of LEP language minority students. The requirements announced in the Memorandum were deemed a proper interpretation of Title VI and its regulations by the United States Supreme Court in Lau v. Nichols, 414 U.S. 563 (1974). What children does the May 25, 1970, Memorandum include as a protected class, i.e., how does OCR measure it? (If the definition provided in the July 2, 1982 memorandum is the operative definition, we do not know
