Education Law & Standards

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California English Learner Roadmap

The California English Learner Roadmap Policy was approved by the State Board of Education in 2017. It provides a framework for local educational agencies (LEAs) serving English learners in California public schools, and sets forth a vision for the state:

English learners fully and meaningfully access and participate in a 21st century education from early childhood through grade twelve that results in their attaining high levels of English proficiency, mastery of grade level standards, and opportunities to develop proficiency in multiple languages.

Four principles support the vision and provide a foundation for the English Learner Roadmap:

  1. Assets-Oriented and Needs-Responsive Schools

  2. Intellectual Quality of Instruction and Meaningful Access

  3. System Conditions that Support Effectiveness

  4. Alignment and Articulation Within and Across Systems

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Right to Attend School

All children in California are guaranteed the right to a free public education regardless of immigration status.

Federal Law

The Supreme Court ruled in Plyler v Doe (1982) that states cannot deny students a free public education based on immigration status. The ruling is based on the Fourteenth Amendment of the U.S. Constitution, which says in part, “No State shall … deny to any person within its jurisdiction the equal protection of the laws.” If Plyler was overturned, it would allow states to decide whether and how to admit undocumented students.

State Law

The California Constitution guarantees a free public education to all children, and Education Code 234.7 prohibits public schools from collecting information or documents regarding immigration status of students or their family members. Other Education Code provisions prohibit discrimination based on immigration status and require districts to adopt policies to prevent immigration enforcement on school grounds. If Plyler was overturned, California law would still require that all children be allowed to attend public school regardless of immigration status.

    • Understanding Plyler V Doe, American Immigration Council

    • Promoting a Safe & Secure Learning Environment for All, California Attorney GeneralThis 54-page document is a detailed official resource for school district implementation and legal guidance. It was updated in December 2024.

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Language Access & Assistance

State and federal law require that school districts support language acquisition and access to mainstream instruction for students with limited English proficiency. Language acquisition programs must be:

  • Evidence-based

  • Appropriately resourced for implementation

  • Effective in overcoming language barriers in a reasonable period

  • Inclusive of designated English language development courses

  • Inclusive of integrated English language development across subjects

Public schools are further required to communicate information about enrollment, classes, and other educational programs and activities in a language that parents, guardians, and sponsors can understand.

Federal Law

Lau v. Nichols, U.S. Supreme Court (1974): Affirmative Steps to Overcome Barriers
The Supreme Court ruled that “[T]here is no equality of treatment merely by providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education.....” Accordingly, schools may not discriminate against students with limited English proficiency by providing them instruction that they do not understand.  Districts must take “affirmative steps” to teach them English so that they can participate equally in the educational program.

Equal Education Opportunity Act, U.S Congress (1974): Codifies Lau Decision
This legislation codifies the Lau precedent in Section 1703(f): "No state shall deny educational opportunities to an individual on account of his or her race, color, sex, or national origin by … (f) the failure of an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs."

Castañeda v. Pickard, U.S. Fifth Circuit Court (1981): Criteria for Meaningful Access
The Circuit Court ruling established a three-pronged test for schools to use in meeting the language access requirements of Lau and the Equal Education Opportunity Act. Under this test, public schools must provide programming through which English learner students can acquire the English language skills necessary to “participate equally” with their English-speaking peers.  They must also ensure that these same students are provided access to academic content instruction and do not suffer academic deficits because of their English language limitations. Education programs for English learners must be designed to teach them English and enable them to participate in all aspects of the curriculum. The three-pronged test includes:

  1. Public schools’ programs for English learners must be based on an educational theory recognized as sound by some experts in the field or, at least, deemed a legitimate experimental strategy.

    Note: The EEOA does not mandate a specific type of instructional program, but bilingual education has been recognized by courts as a “sound” educational theory. If districts use other instructional models, academic deficits must be monitored to ensure that they do not become irreparable.

  2. The programs and practices actually used by a school system must be reasonably calculated to implement effectively the educational theory adopted by the district. Does the program have the necessary resources such as qualified personnel, instructional materials, and space, an initial identification process (entry) and reclassification process (exit)?

  3. When based on a legitimate theory and properly implemented, is the program achieving its intended goal which should result in language barriers actually being overcome. Any program designed for EL students has to enable EL students to attain parity of participation in the regular program within a reasonable length of time.

State Law

Cal. Code Regs. Tit. 5, § 11309 - Language Acquisition Programs

(a) LEAs shall provide language acquisition programs for English learners consistent with these regulations.

(b) Whenever an LEA establishes a language acquisition program, the LEA shall confer with school personnel, including teachers and administrators with authorizations required to provide or oversee programs and services for English learners, regarding the design and content of the language acquisition program.

(c) Any language acquisition program provided by an LEA shall:

  1. Be designed using evidence-based research and include both Designated and Integrated ELD;

  2. Be allocated sufficient resources by the LEA to be effectively implemented, including, but not limited to, certificated teachers with the appropriate authorizations, necessary instructional materials, pertinent professional development for the proposed program, and opportunities for parent and community engagement to support the proposed program goals; and

  3. Within a reasonable period of time, lead to:

    (A) Grade-level proficiency in English, and, when the program model includes instruction in another language, proficiency in that other language; and

    (B) Achievement of the state-adopted academic content standards in English, and, when the program model includes instruction in another language, achievement of the state-adopted academic content standards in that other language.

(d) At a minimum, an LEA shall provide a program of Structured English Immersion for English learners, which includes Designated and Integrated ELD.

(e) An LEA may provide language acquisition programs, including programs that integrate instruction for native speakers of English and native speakers of another language and meet the requirements of subdivision (c).