Legal Framework

The legal requirements for identifying, supporting, and reclassifying ELs stem from several sources, including federal law and the associated regulatory guidance, court cases, and state law. Non-regulatory guidance for how to meet these requirements is also published by the U.S. Department of Education and the Office of Civil Rights. The Office of Civil Rights is the primary enforcer of EL rights, and many of the legal precedents which govern how districts must support ELs stem from federal Civil Rights compliance lawsuits brought on behalf of ELs and their parents.

Additionally, the State of Wisconsin has state statutes regarding services to educate English Learners. 

• Chapter PI 13, Wis. Admin. Code, Limited English Proficient Pupils

• 115.95 ­ Bilingual­Bicultural Education
• The former Office of English Language Acquisition (OELA) offers legal guidance and resources for schools educating English Learners. The comprehensive English Learner Toolkitaligned with the ESEA supports districts and schools in meeting obligations to English learners.  The Newcomer Toolkit offers resources for our most recently arrived students. The Family Toolkit also offered in Arabic, Chinese, and Spanish is a resource created to support families in choosing education service that meet their child's needs. 
• The Dear Colleague Letter: School Enrollment Procedures from May 2014 summarizes districts’ obligation to enroll all school aged students, regardless of background.
• The Dear Colleague Letter: English Learner Students and Limited English Proficient Parents from January 2015 is a comprehensive document which outlines the core requirements of districts to identify and support ELs. The U.S. Department of Education Office for Civil Rights works to ensure equal access to education and to promote educational excellence through vigorous enforcement of civil rights in our nation’s schools. This department's Dear Colleague letters highlight specific policies that the department is finding to be inconsistently applied across states and districts.
• Information for Limited English Proficient Parents and Guardians and for Schools and School Districts that Communicate with Them document answers multiple questions about the rights of parents who require language assistance in the educational setting.