English as a Second Language

Federal Law

Despite the instructional differences, both ESL and bilingual education programs emerged as methods to promote the educational and future success of ELLs. The Bilingual Education Act in 1968 initially addressed the rights of ELLs in public schools, mandating funding for bilingual education programs. However, this act did not provide clear guidelines to school systems. In 1970, the Office of Civil Rights (OCR) issued a memorandum concerning the rights of ELLs in public school systems.

As a regulatory body within the U.S. Department of Education, the OCR is charged with enforcement of Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. During the late 1960s, the OCR became concerned about the lack of public school services being provided to students with insufficient English language skills. Prompted by these concerns, the OCR issued a memorandum, “Identification of Discrimination and Denial of Services on the Basis of National Origin,” to explain the requirements of Title VI of the Civil Rights Act of 1964 to school officials.

According to this memorandum, national origin minority group children who do not speak or understand the English language are denied an opportunity to effectively participate in schools' educational programs. The memorandum requires school board officials to take positive steps to correct each child's language deficiencies in order to provide access to the instructional programs. Pursuant to the memorandum, school board officials were alerted that they would have violated Title VI if students were (a) excluded from educational programs as a result of their limited English language skills, (b) identified inappropriately as mentally retarded based upon their limited English language skills, (c) placed in dead-end programs or in programs that fail to promote the development of English language skills, (d) or disadvantaged when school notices and other information are not provided to their parents in a language that the limited-English-speaking parent can understand. Although the memorandum did not identify specific steps that educators should take, several school systems responded by adopting ESL or bilingual education programs.

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