Identification of Discrimination and Denial of Services on the Basis of National Origin (May 25, 1970).   [full text]

Rather than specifying language minority students, the document addresses the provision of equal educational opportunity for “national origin-minority group children” and was sent to schools with more than five percent of these children.  It lists as areas of concern:

1. School districts must “take affirmative steps” to open up its programs to students who do not understand English.
2. Schools cannot assign students to special education classes simply on the basis of their language skills.  Schools also have to provide access to the same college preparatory courses as other English speaking students.
3. Schools were required to design a program which would give students the language skills they needed to participate in the any of the school's programs.
4. School districts must inform parents of school activities, even if it means communicating in a language other than English .

If compliance is in question, schools are required to provide details of the programs they have instituted to meet the needs of language minority students.  Issues of compliance are the responsibility of the regional Office of Civil Rights offices.

This memorandum approaches the issue of language very much from the standpoint of civil rights – the first two paragraphs do not even mention the issue.  This is due to the fact that Title VI of the Civil Rights Act of 1964 only requires that “there be no discrimination on the basis of race, color and national origin in the operation of federally
assisted programs.”