OCR Fact Sheet Defines Rights for English-Learning Students With Disabilities
On November 12, the U.S. Department of Education Office for Civil Rights (OCR) released a fact sheet that defines rights for elementary and secondary education students who are English language learners with disabilities.
The fact sheet combines requirements from three separate pieces of law—Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, and Title II of the Americans with Disabilities Act—and offers specific definitions and examples for each.
Title VI mandates that elementary and secondary schools establish procedures to identify students who may be English Learners (ELs) and take proactive measures to ensure their full access to educational programs and services. Section 504 requires public schools to deliver a "free appropriate public education" (FAPE) to eligible students with disabilities. Title II mandates that public entities take necessary steps to ensure that communication with individuals with disabilities is as effective as with others.
Schools are obligated to provide students who are both ELs and have disabilities with the EL services and disability-related supports they are entitled to under federal law. The OCR document also provides information for how to file a complaint in the case of potential violations of the law.