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Students With Limited English Proficiency: Legal Considerations

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Intervention in School and Clinic

Published online on

Abstract

How to address the educational needs of students with limited English proficiency (LEP) is a particularly challenging and often controversial endeavor. Failure to address the needs of students with LEP often results in denial of meaningful educational opportunities and leads to disproportionate representation in special education programs. This article reviews relevant legislation and litigation regarding students with LEP and provides recommendations for improved practice. The case law reviewed addresses (a) equal opportunities for all students, regardless of native language, English language proficiency, or disabilities, (b) nondiscriminatory assessments, (c) assessments done in a timely fashion, and (d) parental involvement.