Federal Requirements

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Students identified as English Learners have rights under federal law that ensure they can participate meaningfully and equally in educational programs. There are federal requirements of which districts and schools need to be aware when enrolling and serving English learners. It is important that both administrators and teachers are well informed about these protections and regulations.

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Federal Legal Protection for English Learners 

English learners are a federally protected class of students. There are several legislative acts and Supreme Court decisions that give protections and rights to English learners. The Office of Civil Rights (OCR) in the U.S. Department of Education and the Department of Justice oversee the rights of English learners and respond to complaints and concerns. Learn more about federal guidelines for serving English learners on the Ohio Department of Education and Workforce’s English Learner Programs page and the U.S. Department of Education’s Equal Educational Opportunities for English Learners page.

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Federal Laws and Supreme Court Decisions

Services for English learners in Ohio and throughout the United States are based on the Civil Rights Act of 1964 which prohibits discrimination in public schools based on race, color, or national origin. There are two Supreme Court decisions and a federal court mandate provide additional guidance on the implementation of the Civil Rights Act.

  • Lau v. Nichols (1974) states that school districts must take into consideration a student’s language needs and provide necessary services for the student to access academic content. There is no mandate on how those services must be provided, only that they must be sufficient.
  • Plyler v. Doe (1982) states that school districts may not require a student to provide proof of legal residence in the United States, only that they show that they reside in the school district. All children have the right to enroll in public schools (with some exceptions for those on tourist visas or specific student visas). Citizenship status is not included on enrollment forms. In fact, districts may not ask for legal proof of immigration status. Districts may ask for, but cannot require, social security numbers.
  • Castañeda v. Pickard (1981) was a decision from the Fifth Court of Appeals that stated that programming for English learners must meet a three-prong test:
    • The bilingual education program must be “based on sound educational theory.”
    • The program must be “implemented effectively with resources for personnel, instructional materials, and space.”
    • The program must be proven effective in overcoming language barriers/handicaps, after a trial period.
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Federal Civil Rights Compliance

In 2015, the U.S. Departments of Justice and Education jointly issued a "Dear Colleague Letter: English Learner Students and Limited English Proficient Parents", providing guidance on ten areas of civil rights compliance obligations:

  1. Identify and assess English learner students in need of an English learner program in a timely, valid, and reliable manner.
  2. Provide English learner students with a program that is educationally sound and proven successful.
  3. Staff and support English learner programs sufficiently for English learner students.
  4. Ensure English learner students have equal opportunities to meaningfully participate in all curricular and extracurricular activities, including the core curriculum, graduation requirements, specialized and advanced courses, programs, sports, and clubs.
  5. Avoid unnecessary segregation of English learner students.
  6. Ensure that English learner students with disabilities under the Individuals with Disabilities Education Act (IDEA) or Section 504 are evaluated in a timely and appropriate manner for special education and disability-related services and that their language needs are considered in evaluations and delivery of services.
  7. Meet the needs of English learner students who opt out of English learner programs.
  8. Monitor and evaluate English learner students in English learner programs to ensure their progress with respect to acquiring English proficiency and grade level core content. Exit English learner students from English learner programs when they are proficient in English and monitor exited students to ensure they were not prematurely exited and that any academic deficits incurred in the English learner program have been remedied.
  9. Evaluate the effectiveness of the school or district’s English learner programs to ensure that English learner students in each program acquire English proficiency and that each program was reasonably calculated to allow English learner students to attain parity of participation in the standard instructional program within a reasonable period of time.
  10. Ensure meaningful communication with families in a language or format that they understand.

It is important to ensure that local board policies align with federal and state guidance. 

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References References

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These resources aim to bolster academic, student wellness, and college and career outcomes for Ohio's English learners. Resources were created through a collaborative effort between the Ohio Department of Education and Workforce and The Ohio State University's Center on Education and Training for Employment along with a dedicated group of family advocates, community leaders, school district staff, and teachers.

Last Modified: 3/10/2025 3:55:49 PM