Federal Legislation

The Every Student Succeeds Act (ESSA) (2015) provides for strong accountability for the education of all children and provisions specific to limited English proficient students, especially under Titles I and III of the Act.

Supreme Court Decisions

The Equal Education Opportunities Act of 1974 requires schools to "take appropriate steps" to assure equal access as stipulated in the Lau opinion.

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of national origin and other civil rights.

Castañeda v. Pickard (1981) case precedent requires schools to use a three-pronged approach to assure that they are following the spirit of the above laws vis-à-vis: a practice grounded in sound educational theory; effective implementation of an appropriate program; assurance that the program is working through an evaluation and subsequent program modification to meet this requirement.

Plyler v. Doe (1982) held that all students in public schools must be appropriately served, including any students who may not be documented as legal immigrants.

Lau v. Nichols (1974) held that providing the same access to curriculum, instruction, and materials for students of limited English proficiency as is provided to English dominant students is not in effect equitable.

Title III Requirements

School districts must:

1. Identify ML students in a timely, valid, and reliable manner
2. Offer all ML students an educationally sound language assistance program
3. Provide qualified staff and sufficient resources to instruct ML students
4. Ensure ML students have equitable access to school programs, activities, and services
5. Avoid unnecessary segregation of ML students from other students
6. Monitor the progress of ML students in learning English and doing grade-level classwork
7. Remedy any academic gaps ML students incur while in a language assistance program
8. Move ML students out of language assistance programs when they are proficient in English and monitor them to ensure they were not prematurely exited
9. Evaluate the effectiveness of ML programs

State Regulations

• Transitional bilingual instruction actRCW 28A.180.010-080 
• Special service program — transitional bilingual: WAC 392-160 
• English language limitations and national origin discrimination: WAC 162-28-040
• Minimum requirements for high school graduation

District Policy

• 2162 Transitional Bilingual Instruction Program Policy
• 2162-P Transitional Bilingual Instruction Program Procedures