Title VI of the Civil Rights Act of 1964 The 1970 OCR Memorandum Lau v. Nichols case (1974) Title VI Language Minority Compliance Procedures (1985) "Policy Update on Schools' Obligations Toward National Origin Minority Students with Limited-English Proficiency (1991)
Title VI is violated for ELL students if: they are excluded from effective participation in school; they are placed inappropriately into Special Education classes; their ELL program is not designed to teach them English as soon as possible; or their parents do not receive school notices in a language they can understand.
"[T]here is no equality of treatment merely by providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education."
All Schools, School Districts, and States must: identify students who need language assistance; develop a program that has a reasonable chance for success; ensure that necessary staff, curricular materials, and facilities are in place and used properly; develop appropriate evaluation standards, including program exit criteria, for measuring the progress of students; and assess the success of the program and modify it where needed. This applies whether Title III funding is received or not.
ELP Standards ELP Assessment Annual Measurable Achievement Objectives (AMAOs) Data Local Plans (OCR Program requirements) Immigrant Children and youth Private School (If Applicable) Allocations, Reallocations, and Carryover Supplement, Not Supplant
The EEOA affirms that no state shall deny educational opportunity based on race, color, sex, or national origin by engaging in deliberate segregation by an educational agency… …or failing to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs.
Appropriate action means a genuine and good faith effort, consistent with local circumstances and resources, to remedy the language deficiencies of an LEAs students.
Enforce existing court orders and agreements Investigate allegations of discrimination Initiate compliance reviews: with or without a complaint Negotiate new settlement agreements Collaborate with: OCR SEAs LEAs Local and National Advocacy Organizations
Title XI – Civil Rights Title IX - Discrimination EEOA – Participation in instructional programs Lau v. Nichols – Meaningful education Castañeda v. Pickard – Program Efficacy, Fidelity and Improvement OCR – Guidance NCLB – Title III Regulations
Progress in both English and Content Students do not incur irreparable academic deficits while learning English Exited students perform as well as non-ELL peers Dropout/retention rate similar to non-ELL peers Justifiable, limited segregation Participation in all aspects of curriculum without the use of simplified English Qualified Staff-appropriate program supports Access to AP, Honours, SpEd and other programs
DOJ OCR Title III NCLB In addition to program compliance, student performance outcomes factor.