In 2015, the U.S. Department of Education published a
"Dear Colleague" letter outlining the many obligations districts have under federal law, particularly the Civil Rights Act of 1964 and Equal Educational Opportunities Act of 1974. These requirements include identifying and assessing all potential English Learner (EL) students, providing them with a Language Assistance Program, monitoring and exiting EL students from EL programs and services and ensuring meaningful communication with Limited English Proficient parents.
Yet, at a time when compliants to the Office of Civil Rights and active investigations across states is growing,
only a handful of states consider English language acquisition in their statewide accountability systems, leaving local education agencies vulnerable to expensive litigation without robust guidance.
About 9 percent of all public school students are English Learners.