Under the new rules. children from other countries with a different native language will be instructed in English if their English is superior to their use of their native language. Such children are few in number. Those who are superior in their native languagealmost alland whose English ability is at a level with 40% of all the students in the same grade nationally or statewide must be taught in both languages. In other words. unless an immigrant child is nearly at or above the average for nativeborn children. the child must be taught in both languages. That is the heart of the matter. It is an absolutely correct interpretation of the holding in Lau against Nichols and of the requirements of these regulations.
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immigrant