One out of every five students in Florida's K-12 public schools is classified as an English Language Learner (ELL). While policy-makers increasingly use standardized testing, even as they debate the appropriate instructional methods for an ever-increasing population of non-native English speaking students, how will these students' educational rights be addressed? This brief examines how the state of Florida annually provides equal educational opportunities to almost 300,000 non-native English speaking students who have been identified through surveys and testing as Limited English Proficient (LEP). In particular, this brief examines the ongoing efforts of the Florida Department of Education (FDOE) to meet both the letter and spirit of the 1990 Consent Decree between the League of United Latin American Citizens (LULAC) and the Florida Department of Education.