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Multicultural Children's Rights

INFORMATION ON THE RIGHTS OF MULTICULTURAL CHILDREN  
 
Q.  WHAT RIGHTS DO I HAVE IF ENGLISH IS NOT MY FIRST LANGUAGE OR
    I DO NOT SPEAK ANY ENGLISH?
 
Families who do not speak or write English as their primary language have the right
to participate fully in special education proceedings.  These rights include:
 
	1)  Receive written notice in your native language of the time, location,
	and participants in the IEP meeting and to have an interpreter present
	at the IEP meeting.  [34 C.F.R. Sec. 300.345]
 
	2)  Obtain copies of assessment plans, notices of parents' rights
	explaining the procedural rights of special education students, and copies
	of the IEP, upon request, translated into your native language.
	[34 C.F.R. Sec 300.345(f)]
 
	3)  The right to obtain an independent evaluation at public expense when
	the assessment conducted by the school district is incomplete or
	inappropriate (such as an assessment completed without an interpreter).
	[34 C.F.R. Sce. 300.503]
 
 
Q.  WHAT RIGHTS DO I HAVE IF ENGLISH IS NOT MY CHILD'S FIRST LANGUAGE
    OR IF SHE DOES NOT SPEAK ANY ENGLISH?
Your rights include: (1) Assessments of your child's abilities and needs must be in his/her native language. If this is not possible, an interpreter must be provided. The need for an interpreter does not mean completion of the assessments can be delayed. [34 C.F.R. Sec. 300.532(a)(1)] (2) Testing and evaluation materials must be selected and administered so as not to be racially, culturally or sexually discriminatory. [34 C.F.R. Sec. 300.530] (3) For students whose primary language is other than English, the IEP must include linguistically appropriate goals, objectives, programs and services. The school district must provide special help through a trained teacher to assist your child to learn English to the extent appropriate given her disability and must provide special assistance to help your child meet his/her IEP goals even if she does not speak sufficient English to understand everything her classmates do. This help must continue until your child no longer has a barrier due to his/her English language skills. [20 U.S.C. Sec. 703(f)]


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