The Consent Decree is the state of Florida's framework for compliance with the following federal and state laws and jurisprudence regarding the education of English Language Learner (ELL) students:
- Title VI and VII Civil Rights Act of 1964
- Office of Civil Rights Memorandum (Standards for Title VI Compliance) of May 25, 1970
- Requirements based on the Supreme Court decision in Lau v. Nichols, 1974
- Equal Education Opportunities Act of 1974
- Requirements of the Vocational Education Guidelines, 1979
- Requirements based on the Fifth Circuit court decision in Castañeda v. Pickard, 1981
How to support ELL students?
Supporting ELLs in the Mainstream Classroom: Reading Instruction
- Read to students every day
- Support students' comprehension as much as possible. When you read to newcomers, look for ways to help support their comprehension of new vocabulary and the story.
- Teach the alphabet when necessary. ...
- Teach phonics in context. ...
- Check comprehension frequently. ...
- Use audiobooks. ...
- Support native language literacy. ...
Do ELL students have IEPs?
LEP: Limited English Proficient students (aka: ELL student) ESL: English as a Second Language. ARD: Admission, Review and Dismissal committee for Special Education students. IEP: Individual Education Plan for special education students. LPAC: Language Proficiency Assessment Committee.
How to build background knowledge for ELL students?
- Pretest with partners- this can help ELLs preview material that they might be learning in a given chapter
- Word wall- can help ELLs develop vocabulary
- Questioning- see what ELL students already know, and based on the questions asked this can also help students preview information they will be learning
What skills do law students need?
Personal qualities cultivated while studying law include:
- self-reliance – the ability to deal with the unexpected and accept constructive feedback;
- self-awareness – knowing your strengths and skills, and having the confidence to put these across in a work setting;
- networking – the ability to build and maintain contacts in the legal sector; and
What should districts do to help ELL students?
Why are national origin students excluded from school?
What was the basis for Lau v. Nichols?
What is the responsibility of schools?
Is the specific services to be provided by federal or state law?
Does equality of opportunity mean the same education for every student?
Is there equality of treatment for students?
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About this website
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How does the 14th Amendment protect English language learners?
"No state shall deny equal educational opportunity to an individual on account of his or her race, color, sex, or national origin, by the failure of an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs."
What legal obligations do schools have to English language learners ELLs )?
All districts must monitor the child's English-language proficiency in reading, writing, comprehension, and speaking. They must meet California's ELD Standards. Students can't leave an EL program, services or change their status until he/she becomes proficient in English.
Which law or court decision has had the greatest impact on English language learner education?
The 1974 Supreme Court case Lau v. Nichols resulted in perhaps the most important court decision regarding the education of language-minority students.
Which two of the following are federal requirements for the education of ELLs?
Which TWO of the following are federal requirements for the education of ELLs? ELLs must have access to the core curriculum. ELLs must be given the opportunity to learn in their native language.
What are the rights of the ELL parents?
Families of English language learners have a legal right to access school documents and meetings in their home language. That includes special education paperwork and communication. Both oral and written translation of special education information requires expertise in the services and terminology.
What did Proposition 227 do?
This proposition significantly changes the way that LEP students are taught in California. Specifically, it: Requires California public schools to teach LEP students in special classes that are taught nearly all in English. This would eliminate "bilingual" classes in most cases.
What did the Bilingual Education Act do?
Bilingual Education Act (BEA), U.S. legislation (January 2, 1968) that provided federal grants to school districts for the purpose of establishing educational programs for children with limited English-speaking ability.
Which of the legal cases found that ESL students had been denied an equal education?
Lau v. Nichols, case in which the U.S. Supreme Court on January 21, 1974, ruled (9–0) that, under the Civil Rights Act of 1964, a California school district receiving federal funds must provide non-English-speaking students with instruction in the English language to ensure that they receive an equal education.
What does Ferpa stand for?
The Family Educational Rights and Privacy ActThe Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children's education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education ...
Can ELL students be retained?
ELs are often retained because their literacy levels are not at grade level. Skills in reading,writing, and math are, in my opinion, related to ELs' English language development (ELD) levels. I think it is discriminatory to retain ELs who have not yet had the time to become proficient in English. (See the Lau v.
What happened in Flores v Arizona?
On March 13, 2006, the District Court ruled that the $21 million in daily fines that had accumulated should be distributed to school districts and again ruled that ELL pupils should not be subject to the AIMS graduation requirement until an appropriate funding scheme could be implemented.
Can parents opt out of ELL?
All EL students are entitled to services. Parents may, however, choose to opt their children out of a school district's EL program or out of particular EL services within an EL program. School districts may not recommend that parents opt out for any reason.
What are obligations for schools to the ELL Office for civil rights?
The obligation not to discriminate based on race, color, or national origin requires public schools to take affirmative steps to ensure that limited English proficient (LEP) students, now more commonly known as English Learner (EL) students or English Language Learners (ELLs), can meaningfully participate in ...
Which Supreme Court ruling stated that schools must have programs to help students who have limited English language skills?
Nichols, case in which the U.S. Supreme Court on January 21, 1974, ruled (9–0) that, under the Civil Rights Act of 1964, a California school district receiving federal funds must provide non-English-speaking students with instruction in the English language to ensure that they receive an equal education.
What did the Bilingual Education Act do?
Bilingual Education Act (BEA), U.S. legislation (January 2, 1968) that provided federal grants to school districts for the purpose of establishing educational programs for children with limited English-speaking ability.
Can ELL students be retained?
ELs are often retained because their literacy levels are not at grade level. Skills in reading,writing, and math are, in my opinion, related to ELs' English language development (ELD) levels. I think it is discriminatory to retain ELs who have not yet had the time to become proficient in English. (See the Lau v.
Schools' Civil Rights Obligations to English Learner Students and ...
The obligation not to discriminate based on race, color, or national origin requires public schools to take affirmative steps to ensure that limited English proficient (LEP) students, now more commonly known as English Learner (EL) students or English Language Learners (ELLs), can meaningfully participate in educational programs and services, and to communicate information to LEP parents in a ...
Know Your ELLs’ Rights: A Quick Federal Law Review
Nathan Hall, MA TESOL, MS Education, lives in Pottstown, PA with his wife and two daughters. He has been involved in ESL since he volunteered as a tutor in 2001, which inspired him to leave the field of journalism for education.
Landmark Court Rulings Regarding English Language Learners
In this excerpt from Foundations for Teaching English Language Learners: Research, Theory, Policy, and Practice (Caslon, 2010), Wayne Wright summarizes the landmark U.S. court cases that have had significant implications for ELLs.In particular, Wright focuses on cases relating to segregation, the right of communities to teach their native languages to children, and the linguistic and education ...
The Bilingual Education Act: Twenty Years Later
The Act mandated the establishment of regional support centers of consultants and trainers to provide guidance and support to schools. A national clearinghouse for bilingual education was also mandated to
U.S. Department of Justice U.S. Department of Education
U.S. Department of Justice Civil Rights Division . U.S. Department of Education. Office for Civil Rights. Ensuring English Learner Students Can Participate
Title III—Language Instruction for English Learners and ... - NASSP
Download a pdf version of the fact sheet. Take action now. WHY TITLE III MATTERS Principals and school leaders should know about a competitive discretionary grant program run by the Department of Education called the National Professional Development Project that was originally authorized in No Child Left Behind. This grant program supports professional development activities to improve ...
What should districts do to help ELL students?
Districts should: identify students as potential ELLs; assess student's need for ELL services; develop a program which, in the view of experts in the field, has a reasonable chance for success; ensure that necessary staff, curricular materials, and facilities are in place and used properly;
Why are national origin students excluded from school?
students are excluded from effective participation in school because of their inability to speak and understand the language of instruction; national origin minority students are inappropriately assigned to special education classes because of their lack of English skills;
What was the basis for Lau v. Nichols?
The basis for the case was the claim that the students could not understand the language in which they were being taught; therefore, they were not being provided with an equal education. The Supreme Court agreed, saying that:
What is the responsibility of schools?
It is the responsibility of schools to ensure that all students, including these English language-learning (ELL) students, have equal access to a quality education that enables them to progress academically while learning English.
Is the specific services to be provided by federal or state law?
The specific services to be provided are not specified by federal or state law; however, legislation provides the following broad outlines. In 1970, the federal Office for Civil Rights (OCR) issued a memo regarding school districts' responsibilities under civil rights law to provide an equal educational opportunity to ELLs. This memorandum stated: ...
Does equality of opportunity mean the same education for every student?
It also clarified that equality of opportunity does not necessarily mean the same education for every student, but rather the same opportunity to receive an education. An equal education is only possible if students can understand the language of instruction. Within weeks of the Lau v.
Is there equality of treatment for students?
The Supreme Court agreed, saying that: There is no equality of treatment merely by providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education.
What amendment is denying enrollment to schools that accept children whose families weren't legally admitted into this country?
In 1982, the Supreme Court ruled that denying enrollment or funding to schools that accept children whose families weren’t “legally admitted” into this country is a violation of the Fourteenth Amendment ’s Equal Protection Clause.
What do we learn in ESL?
To make ourselves valuable resources for our students, we learn about linguistics, cultural connections, how to adapt assessments, and curriculum development. What we rarely learn about, though, are the laws behind ESL instruction—and that can be a problem, because a recent Associated Press investigation found that many districts throughout the nation are ignoring federal laws. Sadly, this hurts many students at the secondary level who may start to see dropping out as a more attractive option than dealing with an unwelcoming district, and because their parents may not speak English well enough to advocate for them this may become our responsibility.
What is the meaning of Lau v. Nichols?
Lau v. Nichols – Students cannot be denied equal education or the right to participate in activities based on language. This 1974 Supreme Court Case makes it clear that equal education isn’t telling all students the same thing, it’s making sure all students have the same opportunities, even if they need extra language help to get it. And since students’ first language is often a part of their identity, discriminating against them on this basis is akin to racial discrimination.
What is the purpose of Title VI of the Civil Rights Act of 1964?
Title VI of the Civil Rights Act of 1964 – Students cannot be discriminated against by skin color or national origin. This is the foundation for much of modern U.S. education, although how well it has been implemented in the modern education system is a matter for another debate. A 1970 memo from the Office for Civil Rights clearly spells out that school districts must take affirmative steps to make the instruction available to students with limited English proficiency, and that these measures must be reviewed to make sure they stay in compliance with the law.
Do e students matter?
Plyler v. Do e – Students’ citizenship status doesn’t matter. Illegal immigration is always a hot issue, and it tends to get even hotter during election years, but for schools it simply shouldn’t be an issue. In 1982, the Supreme Court ruled that denying enrollment or funding to schools that accept children whose families weren’t “legally admitted” into this country is a violation of the Fourteenth Amendment’s Equal Protection Clause. So although many angry commentators may say horrible things every time this issue comes into the media, schools should be a safe place for all children, no matter where they were born.
What is the OCR policy?
The May 1970 memorandum to school districts entitled "Identification of Discrimination and Denial of Services on the Basis of National Origin" clarifies OCR policy under Title VI on the responsibility of school districts to provide equal educational opportunity to language minority students.
What is the Office of Civil Rights?
The Office for Civil Rights (OCR) is responsible for enforcing Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin. In Lau v. Nichols, the U.S. Supreme Court affirmed the Department of Education's May 25, 1970, Memorandum, that directed school districts to take steps to help ELL students overcome language barriers and to ensure that they can participate meaningfully in the districts' educational programs.
Does OCR require ELL students to be enrolled in a program?
OCR does not require or advocate a particular program of instruction for ELL students and nothing in federal law requires one form of instruction over another. Under federal law, programs to educate children with limited proficiency in English must be: (1) based on a sound educational theory; (2) adequately supported so that the program has a realistic chance of success; and (3) periodically evaluated and revised, if necessary. These three fundamental principles of federal law are discussed below.
What are the laws that protect ELL students?
Federal Laws Protecting ELL Students. In addition to the Civil Rights Act of 1964 and Plyler v. Doe, the federal laws below protect ELL students in our schools. The Equal Educational Opportunities Act (EEOA) of 1974 prohibits discrimination against students.
What is an ELL student?
English language learner (ELL): A student who is in the process of acquiring English language skills; also referred to as an English learner (EL). The U.S. Department of Education specifies ELL as the most appropriate term because it privileges accomplishments over deficits.
What is the Every Student Succeeds Act?
The Every Student Succeeds Act (ESSA) of 2015 authorizes the U.S. Department of Education to award grants to state education departments, which may issue them as subgrants to K–12 school districts. The subgrants are intended to go toward improving ELL students’ instruction and abilities to meet state academic content and achievement standards. By accepting federal funds, districts are required to provide language accommodations to non-English-speaking families.
What is an unaccompanied minor?
Unaccompanied minor or unaccompanied child: A child under 18 who immigrates to and arrives in the United States without parents or guardians. Many unaccompanied minors arrive looking for family members already present in the United States.
What is a LEP?
Limited English proficient (LEP): A federal term referring to a person whose primary language is other than English and who has limited English proficiency in one of the four domains of language proficiency—speaking, listening, reading and writing . This term is commonly used to describe non-English-speaking parents and families of students. Many social justice educators do not use this term because it characterizes students and their families based on a deficit rather than a strength.
What does ESOL mean in English?
Students of English for speakers of other languages (ESOL): Predates and is commonly interchanged with ELL but is often used to “other” ELL students.
What is a language minority student?
Language-minority students: Describes students who speak a language other than the majority language at their school but is often used to refer to students who do not speak English, taking on a meaning that devalues multilingualism.
What is the federal authority requiring school districts to address the needs of English language learners?
In Lau v. Nichols, the U.S. Supreme Court affirmed the U.S. Department of Education memorandum of May 25, 1970, which directed school districts to take steps to help limited-English proficient (LEP) students overcome language barriers and to ensure that they can participate meaningfully in the district's educational programs
Why are public schools required to take measures to ensure that limited English proficient (LEP) students can fully participate in school?
Because public schools are forbidden to discriminate on the basis of race, color, or national origin , under the Civil Rights Act of 1964 , public schools are required to take measures to ensure that limited English proficient (LEP) students can fully participate in school programs and services. The students' limited English skills should not interfere with their accessibility to educational opportunities. See below for the most frequently asked questions regarding the rights of limited-English proficient (LEP) students.
What happens to limited-English proficient (LEP) students who are not offered services to help than overcome language barriers?
Limited-English proficient students (also sometimes referred to as English-language learners) may suffer repeated failure in the classroom, falling behind in grade, and dropping out of school if they are not provided services to overcome language barriers. Students who are not proficient in English are sometimes inappropriately placed in special education classes. Also, because of their lack of English proficiency, qualified students often do not have access to high track courses or "Gifted and Talented" programs.
What does Title VI of the Civil Rights Act of 1964 require for English-language learner students?
Title VI (a federal law) requires programs that educate children with limited English proficiency to be:
What is the purpose of Lau v. Nichols?
Supreme Court affirmed the U.S. Department of Education memorandum of May 25, 1970, which directed school districts to take steps to help limited-English proficient (LEP) students overcome language barriers and to ensure that they can participate meaningfully in the district's educational programs.
What are exit criteria?
Exit criteria must include some objective measure of a student's ability to read, write, speak and comprehend English.
How to determine if a child is ready to exit school?
To determine whether a child is ready to exit, a district must consider such factors as the students' ability to keep up with their non-ELL peers in the regular education program and their ability to participate successfully without the use of adapted or simplified English materials.
What should districts do to help ELL students?
Districts should: identify students as potential ELLs; assess student's need for ELL services; develop a program which, in the view of experts in the field, has a reasonable chance for success; ensure that necessary staff, curricular materials, and facilities are in place and used properly;
Why are national origin students excluded from school?
students are excluded from effective participation in school because of their inability to speak and understand the language of instruction; national origin minority students are inappropriately assigned to special education classes because of their lack of English skills;
What was the basis for Lau v. Nichols?
The basis for the case was the claim that the students could not understand the language in which they were being taught; therefore, they were not being provided with an equal education. The Supreme Court agreed, saying that:
What is the responsibility of schools?
It is the responsibility of schools to ensure that all students, including these English language-learning (ELL) students, have equal access to a quality education that enables them to progress academically while learning English.
Is the specific services to be provided by federal or state law?
The specific services to be provided are not specified by federal or state law; however, legislation provides the following broad outlines. In 1970, the federal Office for Civil Rights (OCR) issued a memo regarding school districts' responsibilities under civil rights law to provide an equal educational opportunity to ELLs. This memorandum stated: ...
Does equality of opportunity mean the same education for every student?
It also clarified that equality of opportunity does not necessarily mean the same education for every student, but rather the same opportunity to receive an education. An equal education is only possible if students can understand the language of instruction. Within weeks of the Lau v.
Is there equality of treatment for students?
The Supreme Court agreed, saying that: There is no equality of treatment merely by providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education.
