The determination of who shall receive bilingual education services is distributed among the federal, state, and local policy levels. This study explores how each level exercises that discretion. It examines targeting, identification, and assessment criteria set forth in federal and state legislation, and how a limited number of local districts implement the legislated mandates. The discussion focuses on the following: (1) the major federal criteria for student participation in bilingual education programs which are contained in the 1975 Lau Remedies and in Title VII of the Elementary and Secondary Education Act; (2) an investigation of the mandatory bilingual education programs in Texas and California, with emphasis on targeting requirements, identification and language assessment procedures, and the variation among school districts in implementing the mandates; and (3) interviews with local school district administrators, principals, and teachers in Texas and California, which revealed great variability in program. Questions regarding civil rights protections for language minority children are raised in a concluding section. Attachments include a list of districts where interviews were conducted, and appendices containing examples of home surveys used, the Lau Categories of Language groups, and a memo listing Texas approved language assessment instruments. (Author/AMH)