ESL Legal Issues
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| 1.14th amendment to the U.S. Constitution | Guaranteed that no State can make or enforce any law abridging the privileges of immunities of citizens; nor deprive any person of life, liberty or property without due process of law; not deny equal protection of the laws
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| 2. Brown v. Board of Education 347 U.S. 483 (1954) | Overruled the decision in Plessy v. Ferguson of 1896 that has permitted “separate but equal” education for Negro children. The separation of Negro and White students is unconstitutional and ordered desegregation of schools.
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| 3. Title VI Civil Rights Act of 1964 | Prohibited discrimination in federally funded programs. A child has a right to meaningful and effective instruction.
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| 4. Bilingual Acts of 1968 and 1974 | Title VII. Provided supplemental funding for school districts interested in establishing programs to meet the “special educational needs” of large numbers of limited English speaking ability in the United States.
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| 5. May 25, 1970 memorandum | The Dept of Health, Education and Welfare issued an interpretation of Title VII regulations that prohibited denial of access to educational programs because of limited English proficiency.
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| 6. Equal Educational opportunity Act of 1974 | Provided definitions of what constituted denial of equal opportunity. “The failure by an educational agency to take appropriate action to overcome language barriers that impede equal participation by students in an instructional program.
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| 7. Lau v. Nichols 1974 | US Supreme Court reaffirmed the 1907 memorandum regarding denial of access and participation in an educational program due to an inability to speak or understand English. “Basic English skills are at the very core of what pubic schools teach”.
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| 7.Lau remedies 1975 | HEW established some basic guidelines for schools with ELL’s. Discontinued by Reagan administration.
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| 8. Civil Rights Language Minority Regulations 1980 | Schools must: identify, assess, provide services and have exit procedures. Bilingual instruction must be by qualified teachers.
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| 9. Castaneda v. Pickard 1981 | Std. for court in examin_ progs. 3 Rqrmts: A pedag. snd plan for ELL’s, Sufficient qual. staff to imp. plan, A sys. to eval the p for needed modifications. no bil. prog. req. but req. that appro. act. be taken to overc lang. bar. through well imple. pro.
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| 10. Idaho v. Migrant Council of 1981 | Established the legal responsibility of the State Dept of Education to monitor implementation of programs for ELL’s.
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| 11. Denver v. School District no 1 (Denver) 1983 | Used Castaneda v. Pickard decision to evaluate programs for ELL’s.
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| 12. Illinois v, Gomez 1987 | State has responsibility for establishing and enforcing minimums for implementation of language remediation programs to move students from LEP to FEP.
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| 13. Teresa P. v. Berkley Unified 1987 | Used Castaneda v, Pickard decision to evaluate the district program for students and said teachers do not need to speak the student’s language to be effective teachers.
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