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This article addresses the right to an education (including the right of access), and the right to an education in one’s native language, within the broader context of educational human rights, and language minority educational policy in the United States. Included in this discussion is an overview of educational and linguistic human rights as recognized in the US, followed by a review of the legal and historical background prior to the passage of the Lau v Nichols decision in 1974. The implications of demographic changes coupled with federal policy for language minority students forty years after Lau are discussed.