Legal Issues

Who Qualifies for Service?
Legal Background
Many people involved in education, research, and the justice system acknowledge that the key factors in educational failure for minority students in the United States are due essentially to linguistic and cultural differences. In 1974, the U.S. Supreme Court decided the “Lau vs. Nichols” case. This case required schools to provide services for English Language Learners. Additionally, the Minnesota Legislature passed the “Education for Limited English Proficient Students Act (LEP Act)” in 1980.

There are several legal requirements that need to be considered in the provision of ELL Services.  The basic requirements are listed here.  Other requirements are provided on their own pages.  ELL staff should be generally familiar with the requirements of providing ELL service. 

Basic Criteria for Provision of ELL Service

Students whose native language is other than English as indicated on the
Home Language Questionnaire;


Students whose test scores are less than the 36% (1/3 below the standard deviation)
on the SAT10
(40% for LCD students as proscribed by the LCD Stipulation)


those who have not passed the
MN Basic Standards Test.



Saint Paul Public Schools, District 625 | 360 Colborne Street, Saint Paul, MN, 55102|651-767-8100|