Legal Issues
Laws and Rulings
Lau v. Nichols (1974) - Public schools must provide equal educational opportunities for students who do not speak / understand English. This ruling eliminated English submersion and provided the basis for bilingual education and English as a Second Language classes.
Castañeda v. Pickard (1981) - Mandated a 3 prong approach for assessing a school system's program for ELL / LEP students. Schools must use a sound educational approach for instruction, implement the approach in an effective manner, and set outcomes to measure the effectiveness of the approach and program and modify it when necessary.
Plyler v. Doe (1982) - Public schools cannot deny admission to undocumented immigrant students. Schools should not ask about legal status nor can they require parents / guardians to provide social security numbers on registration forms. School personnel should explain that social security numbers are not required on school forms. School Opening Alert
Title VI (Office of Civil Rights) - Title VI of the Civil Rights Act of 1964 mandates that schools provide all students equal educational opportunities without discrimination based upon race, color, or national origin. Title VI was extended to protect ELL /LEP students from discrimination based upon their knowledge of English in 1970.
Links: Office of English Language Acquisition Office of Migrant Education
Emil Gumpert Resource Library is a source for current research and legal issues regarding immigrant children.
The USDE has merged the services for Title 1 and Title III to enable easier access for coordination of services. The OESE is now in charge of federal grants for both programs. Click here for more information.
What should schools do for ELL students?
1) Identify, test, and provide an educational plan.
5 Steps for Identifying and Testing ELL Students
OCR's Program Planning and Self-Assessment Guide
2) Provide resources, to the extent possible, in the native language.
3) Know the Office of Civil Rights positions on ELL education.
Provision of Equal Educational Opportunity for LEP Students
Legal Background for LEP Education
"Dear Colleague" letter re: enrollment practices (May 2011)
Legislation Topics
DREAM Act - "Development, Relief, and Education for Alien Minors Act". The DREAM Act is a bill that was introduced in 2005 and was not passed by the legislature. It proposed a way for illegal immigrant students to eventually become legal U.S. citizens. The sponsors of the DREAM Act continue to work on passing this bill. A few states have passed their own versions of the DREAM Act, but these do not provide a unique path toward citizenship. Click here to find out more.
