The U.S. Department of Education’s Office for Civil Rights (OCR) today announced that Legacy Traditional Schools (LTS), a network of 22 charter schools in Arizona, entered into a resolution agreement to comply with Title VI of the Civil Rights Act of 1964 (Title VI) and its regulations by providing language assistance to national origin minority students and parents with limited English proficiency (LEP) to ensure their meaningful access to LTS’ programs and activities.

OCR’s investigation identified multiple violations by LTS that the agreement will resolve. LTS failed to timely identify English learner (EL) students or to adequately notify their parents of their EL status and their ability to receive or opt out of LTS’ English Language Development (ELD) program. LTS failed to provide some EL students with ELD services and did not have enough teachers who were trained and qualified to deliver such services. OCR also found that LTS administrators were not trained to evaluate teachers who provide ELD services and did not periodically assess the effectiveness of the ELD program or take steps needed to ensure its success.

OCR further found that LTS did not adequately monitor the academic progress of current and former EL students to determine if they were able to participate meaningfully in LTS’ standard instructional program both during and after exiting the EL program. OCR also found that LTS failed to notify some parents with LEP in a language they understand of essential information about LTS programs and activities called to the attention of other parents.

Lastly, OCR’s review identified two compliance concerns: (1) some LEP parents’ decisions to opt their children out of LTS’s EL programs may not have been knowing and voluntary because the information communicated to the parents was not in a language they understand, and (2) LTS schools may not be providing EL students with equitable instructional space by providing instruction in the cafeteria instead of a classroom.

To resolve these violations and concerns, LTS executed the agreement requiring LTS to:

• Timely identify EL students and place them in LTS’ ELD program.
• Notify EL students’ parents of their child’s language needs and ELD program option.
• Provide all EL students with daily targeted ELD based on their level of English and integrated ELD to help them meaningfully access core content instruction.
• Train teachers of targeted and integrated ELD to instruct EL students effectively.
• Ensure that ELD instructional materials are appropriate and comparable in quality, availability, quantity, and age or grade level to those provided for non-EL students.
• Monitor the academic progress of all current EL students, including those who opted out of EL services, and offer struggling opt-out students a chance to opt in.
• Monitor the academic progress of each former EL student consistently on a form to identify any persistent language barrier that may merit offering EL services again.
• Observe ELD teachers’ classes and lesson plans to ensure that all EL students receive targeted and integrated ELD, and when they do not, promptly provide ELD.
• Evaluate each LTS school’s EL program for success and modify unsuccessful ones.
• Notify employees of the interpreter and/or translation needs of parents with LEP and provide them with free and timely interpreter and/or translation services.
• Provide essential information (e.g., enrollment forms) to parents in English and Spanish and notify other parents how to obtain free translations or interpreter services.
• When necessary to ensure meaningful communication, provide free translation or interpretation, using qualified translators and interpreters, for parents with LEP.

“Through this agreement, Legacy Traditional Schools in Arizona commits to make its education programs equally available to English Learner students and to ensure that parents with limited English proficiency can meaningfully participate in their children’s education,” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “OCR looks forward to continuing work with Legacy Traditional Schools to correct practices that had denied students the access to education that is their civil right.”

The letter of resolution to Legacy Traditional Schools and resolution agreement are available on the OCR website.