The Law and English Language Learning

Students

Tyler Guenette

Outline

Importance Civil Rights Act of 1964 Lau vs Nichols

Equal Educational

Opportunities Act of 1974

Casteñeda vs. Pickard Implications

Recommendation

Importance

2002-034.1

Million

2010-114.7

Million

Ad

eq

uate

Edu

catio

n?

Civil Rights Act of 1964Lau vs. Nichols

The PolicyCivil Rights Act of 1964 § 2000d

“No person in the United States shall, on the ground of race, color, or national origin, be

excluded from participation in, be denied the benefits of, or be

subjected to discrimination under any program or activity

receiving Federal financial assistance.”

DHEW Memorandum

Rectify Deficiencies

Class Assignments

Tract Permanence

Parental Communicatio

n

Self Enforcemen

t

Lau vs. NicholsEnglish Language Learning Chinese

Students vs.San Francisco Unified School District

Civil Suit

1,000 of 2,856

Lower Courts In Favor of the Defendant

Lau vs. Nichols Ruling

Not an equal education

Federal funding

necessitates rectification of language deficiencies

Overruling of Court of Appeals

Equal Educational Opportunities Act of 1974

Casteñeda vs. Pickard

The PolicyEqual Educational Opportunities Act of

1974 § 1703

Subpoint (a)

• The deliberate segregation by an educational agency of students on the basis of race, color, or national origin among or within schools.

Subpoint (f)

• The failure by an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs.

No State shall deny equal educational opportunity to an individual on account of his or her race, color, sex, or national

origin, by…

Castañeda v. PickardMexican-American students and parents

vs.Texas Independent School District

Civ

il S

uit Unlawful Ability Grouping

System

Inadequate Implementation of Bilingual Education

Castañeda v. Pickard RulingAppropriateness of

the Bilingual Education

Bilingual Education vs. Appropriate

Action

Teacher Preparation

Language of Achievement Tests

Appropriateness of Ability Grouping

Segregation Costs vs. Educational

Benefits

Cognitive vs. Language Ability

Grouping

ImplicationsK12 and Higher Education

K-12 Implications

No language expectations prior to enrollment

Must allow “students to accomplish the objectives of the program”

Grouping by cognitive ability or language is constitutional if groups are labeled appropriately

Education approach must have sound theoretical backing

In jeopardy of losing federal funds

Higher Ed Implications

Can’t assume students have mastered English

Possible financial ramifications

Accommodations for non-English speaking students• Admission applications• Exams

Higher Education Recommendations

Student Handbook

Verbage for approach of

teaching English Language Learners

Publishing in multiple

languages

Intensive English learning program

Prior to enrolling in

required coursework

Questions?