English Learners' Rights to Educational Access

The U.S. Department of Education and the Department of Justice cooperate to make sure children can participate “meaningfully and equally” in education programs. Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974 require schools to teach students in the language they understand and to provide an effective strategy to keep improving their English fluency.

All 50 states must obey federal laws. Each student has the right to education, assistance, and resources in their language. At the beginning of the school year, parents fill out a language survey which helps the school to see how many children may need language assistance.

The school will test your child’s English language proficiency level in listening, speaking, reading and writing. Then, they notify you of the results in writing within 30 days. The school will also discuss programs and services and your right to opt in or out.

Yes. Students have a right to learn from highly trained teachers with sufficient resources and support staff.

TheTexas Education Agency (TEA)oversees schools to be sure they offer programs that are sound in theory and effective in practice.

Three types of programs are used in Texas schools:

• English as a Second Language: Students fluent in one language focus on learning the new language.
• Transitional Bilingual Education: Teachers use the native language to help the students learn the new language.  
• Dual language immersion: Students balance learning in both the native language and the new language.

Yes. English learning students have the same right to participate in all school programs including:

• pre-kindergarten
• gifted and talented
• career
• technical

Districts measure success by testing the students for proficiency and meaningful participation with their native speaker peers. Each district uses the test results to measure the effectiveness of the programs and to improve the services offered.

Parents who opt out will sign paperwork to say they were offered help, but they decided not to take it. Then, the school monitors the child’s progress, and will offer help again if the student keeps struggling.

There is a process to exit the program once services begin.  The school will honor the parent’s request to begin the process, but the exit can’t be completed until the student meets the standards for listening, speaking, reading and writing.  

It is illegal to single someone out only because of their race or national origin. For educational purposes, students are temporarily grouped together in order to receive the services they need to improve their English.

Language survey and teacher observations help schools understand which students might need help. Next, schools test students in their native language to see what grade level they are on without English as a challenge. Then, if the test in their native language still shows the student may have a disability, they will test for that too.

Both the Individuals with Disabilities Education Act  (IDEA) and Section 504 of the Rehabilitation Act of 1973 make sure that your child has a right to get the help they need. Schools will test for limited English and any potential disability. Then, they will put together a special plan to support your child in learning English according to their disability.

Yes. School information sent to parents about programs, services, and activities must be in English and other languages as needed. The school can supply an interpreter or translated materials.

This includes paperwork about:

• enrollment in public, magnet, and charter schools
• grievances
• student and parent handbooks
• programs
• activities
• report cards
• notices of nondiscrimination
• conferences, meetings, and services

Of course. Schools understand that parents and students may speak different amounts of English. So, they are prepared to offer ways to make communication as easy as possible.

No. Schools can only request translation or interpretation from trained individuals and staff.