Laws, Regulations, and Guidance
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Migrant/Bilingual Education

Law, Regulation and Guidance

State Law and Regulations — RCW and WAC
Chapter 28A.180 RCW – Transitional Bilingual Instructional Program
In Washington’s Basic Education Act, this is the statute that provides for the implementation of transitional bilingual education programs in public schools.

Chapter 392-160 WAC – Transitional Bilingual Instructional Program
State regulations that direct the administration of the Transitional Bilingual Instructional Program.

Federal Law — Elementary and Secondary Education Act
Title III, Part A – Language Instruction for Limited English Proficient and Immigrant Students

    Purposes (Section 3102)
    (1) to help ensure that children who are limited English proficient, including immigrant children and youth, attain English proficiency, develop high levels of academic attainment in English, and meet the same challenging State academic content and student academic achievement standards as all children are expected to meet. This statement of purpose is explained in greater detail in Section 3102.

Federal Guidance
Non-Regulatory Guidance: English Learners and Title III of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA)

Dear Colleague Letters — Joint Guidance from the U.S. departments of Education and Justice
The U.S. Departments of Education and Justice released joint guidance reminding states, school districts, and schools of their obligations under federal law to English language learners.

    January 7th, 2015 Dear Colleague Letter
    The Departments (The Office for Civil Rights at the U.S. Department of Education and the Civil Rights Division at the U.S. Department of Justice) are issuing the enclosed joint guidance to assist SEAs, school districts, and all public schools in meeting their legal obligations to ensure that EL students can participate meaningfully and equally in educational programs and services. This guidance provides an outline of the legal obligations of SEAs and school districts to EL students under the civil rights laws. — January 7, 2015
    U.S. Department of Education

Training — Equity and Civil Rights Office at OSPI
Equity and Civil Rights Presentation (PDF/22 slides) | Webinar (June 12, 2015)

Rights of Immigrant Students
The U.S. Supreme Court ruled in Plyler vs. Doe (457 U.S. 202 (1982)) that undocumented children and young adults have the same right to attend public primary and secondary schools as do U.S. citizens and permanent residents. Like other children, undocumented students are obliged under state law to attend school until they reach a mandated age.
Immigrant Students’ Rights to Attend Public Schools


   Updated 5/8/2017

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