Under Federal law, can a district place LEP students in mainstream classes without providing any other assistance?
A1: No. In 1974, in Lau v. Nichols, the Supreme Court ruled that placing LEP students in a regular program taught in English, when they were unable to participate meaningfully in that program because of their limited English proficiency, constituted discrimination on the basis of national origin in violation of Title VI of the Civil Rights Act. The Department’s May 25, 1970 Memorandum directs school districts to take “affirmative steps to rectify language deficiencies in order to open its instructional program to these students.” The May 1970 Memorandum was adopted by the Supreme Court in Lau v. Nichols. Similarly, the Equal Educational Opportunity Act, which is administered by the Department of Justice, requires public educational agencies to take appropriate action to overcome language barriers that impede student participation in the instructional program. Q2: Does Proposition 227 relieve districts of their civil rights obligations? A2: No. Proposition 227 does not relieve school di
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