Dade County Public Schools

Section 504 of the Vocational Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA) require an appropriate education for students with disabilities. Through Title VI of the Civil Rights Act, the Equal Education Opportunity Act (EEOA), and guidelines issued by the former Department of Health, Education and Welfare (HEW), limited English proficient (LEP) students are guaranteed their rights to a meaningful education. To interpret IDEA’s appropriate education mandate, Title VI, EEOA, and HEW guidelines must be consulted when dealing with students who are disabled and LEP. Court cases also have affirmed the rights of LEP students under Title VI and EEOA to bilingual education. This paper provides an analysis of legislation, regulations, and litigation regarding the provision of an appropriate education for limited English proficient (LEP) students who are also disabled. Specifically, the legal basis of the right to bilingual education and the requirements that educational agencies must follow are examined. Implications for school systems and educators are discussed