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needs: children with limited English proficiency, gifted and talented pupils, and students with communicable diseases Children with Limited English Proficiency In 1974, the Supreme Court decided a landmark case, Lau v Nichols, concerning the education of children with limited English proficiency (LEP) This case was based on a class action suit filed by non-English-speaking Chinese students in the San Francisco Unified School District At that time, more than half of the LEP Chinese pupils were taught solely in English, with no supplemental instruction in the English language Furthermore, proficiency in English was a requirement for high school graduation The plaintiffs in this case claimed that the school s practice was a denial of equal opportunity under the 14th Amendment The case was decided on statutory grounds (Civil Rights Act of 1964), rather than the equal protection clause of the 14th Amendment.

Hilsabeck notes that just a partial list of the laws and regulations most exporters need to take into account in designing an ICP should include the following: Export Administration Regulations (EAR), antiboycott laws and regulations, Customs and Border Protection (CBP) laws and regulations governing exports and imports, Foreign Corrupt Practices Act, Arms Export Control Act, International Traffic in Arms Regulations (ITAR), Foreign Trade Statistics Regulations (FTSR), other industryspecific laws and regulations, and foreign laws and regulations To meet such a complex and demanding set of compliance requirements, Hilsabeck presents four fundamental rules for establishing and maintaining an effective ICP: 1 Flexible The ICP should be structured to adhere to changes in applicable laws and regulations governing the export transaction and be able to rectify weaknesses or deficiencies 2 Customized Your program should be individually tailored to meet the special needs of your company and industry nothing more, nothing less 3.

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The 1964 Civil Rights Act prohibits discrimination in programs receiving federal assistance In his decision in favor of the plaintiffs, Justice Douglas wrote there is no equality of treatment merely by providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from meaningful education (Lau v Nichols, 1974, p 566) Lau v Nichols has been interpreted to mean that schools must provide assistance or take affirmative steps to ensure that children with limited English proficiency have access to a meaningful education It is not seen as requiring bilingual instruction for each LEP child Thus, no federal mandate requires bilingual education for the LEP child However, in 1968, the Bilingual Education Act was added as an amendment to the Elementary and Secondary Education Act of 1965 (Pub L No 100297), providing funds for bilingual education.

Practical The ICP should be structured with a practical focus on the exporter s routine daily operations and activities 4 Channeled All ICP functions and responsibilities should be channeled to one central contact individual or department Core Elements of Successful Internal Compliance Program Setting up an internal compliance program requires a commitment from the top and an understanding of where and how the program interfaces with regulations like Sarbanes-Oxley Buy-in from upper management This means board-of-director level, says Hilsabeck It s vital that top management fully support and endorse the export ICP objectives and that this commitment be evidenced by a statement of corporate policy, she adds Hilsabeck has detailed advice regarding this statement: First, the statement should manifest the company s complete commitment to full compliance with all US.

Title III of the No Child Left Behind Act of 2001 now provides funds for language instruction for limited English proficient and immigrant students Part A of Title III is the English Acquisition, Language Enhancement, and Academic Achievement Act (Pub L No 107-110 3101-2102) The purpose of this portion of the statute is to provide funds to help children develop proficiency in English while meeting state academic content and achievement standards Each state is given the flexibility to implement the research-based language instructional programs it believes to be most effective for teaching English, with the goal of preparing students to enter all-English instruction settings It requires schools to demonstrate increased English proficiency of limited-English-proficient children each year School psychologists who serve children with limited English proficiency need to maintain up-to-date knowledge of best practices in assessment.

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