Understanding the special education process in U.S. public schools can be frustrating and difficult to understand. But if English isn't your native language, the process can become even more challenging. More than 68 million people in the U.S. speak a language other than English at home. That's more than 20% of the population. But as our country becomes more globally diverse, our local schools are struggling to keep up, and children from families where English is a second language (ESL families) are bearing the brunt of this failure.

ESL families with special education students face additional challenges trying to access the disability services and accommodations their students need. But this isn't a challenge you need to face alone. The Student Defense Team at the Lento Law Firm can help your family get the educational services your student deserves. Call them at 888-535-3686 to schedule your consultation.

Language Barriers Faced by ESL Families

Nationwide, more than one in ten special education students are learning English as a second language. However, schools are failing special ed ESL students and their families, often failing to translate materials provided to parents or offer interpreters during key meetings with staff, special education service providers, and teachers.

Regardless of your level or knowledge of English, you have the right to receive information about your child's education, testing, and services in a language you can understand. Under federal law, the school “must take whatever action is necessary” so that you can meaningfully participate in your child's education. This can include interpretation and translation services.

Families as Translators

Schools often ask the family's child to translate when they fail to provide interpreters. This places children in the awkward position of describing their own weaknesses and struggles in school to their families, an unacceptable situation. While friends, family, or even teachers may try to fill the gap, if they aren't trained interpreters, some important information may still be lost in translation. Diane Smith Howard, a senior staff attorney with the National Disability Rights Network, recently told the Seattle Times that this practice is “totally inappropriate, in every possible way — and unrealistic. If the child is not doing particularly well in an academic subject, why would you trust your teenager to tell you?”

State Funding Shortfalls

When Congress initially passed the Individuals with Disabilities Education Act in 1975, it promised to provide more than half the funding needed to implement it. However, federal funding for special education services in local schools has never reached that level of funding, creating a significant shortfall for states to make up. Some states, such as Washington and Illinois, are trying to bridge the funding gap to ensure ESL families can actively participate in their children's education. But proposed legislation in Washington was recently derailed when lawmakers removed key provisions. In Chicago and Seattle, teachers' unions successfully lobbied for interpretation services during special education meetings.

The Student Defense Team at the Lento Law Firm Can Help

If you're the parent of a special education student struggling to understand the process and the services your child receives because of a language barrier, you don't have to silently allow this to happen. You have rights, and your child has a right to an education despite a disability. At the Lento Law Firm, the Student Defense Team has been fighting for the rights of families like yours for years nationwide. Call the Lento Law Firm today at 888-535-3686 to schedule your consultation or submit your case online.