major court rulings for esl students jonathan hooper north parkway middle school [email protected]
TRANSCRIPT
The Fourteenth Amendment
1868Fred Elbel (2009) stated, “ No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
In summary, the Fourteenth Amendment makes the declaration that all people in the United States are eligible to receive the privileges provided. This amendment is the basis of later Supreme Court rulings.
Any Good House Needs a Foundation
The Civil Rights Act 1964
OurDocuments.gov (n.d.) stated, “This act, signed into law by President Lyndon Johnson on July 2, 1964, prohibited discrimination in public places, provided for the integration of schools and other public facilities, and made employment discrimination illegal. This document was the most sweeping civil rights legislation since Reconstruction.”
In summary, this act gave minorities the rights and privileges that were previously only offered to Caucasians.
Lau v. Nichols1974
Education Week (2007) stated, “The case greatly expanded the rights of all children with limited English skills to receive special help to learn English. The ruling doesn't specify what kind of approach schools should use to help such students.”
In summary, Lau v. Nichols set the idea that identical is not equal. ELL need additional supplies that are not identical to those of their peers.
Equal Educational Opportunities Act1974
Justice.gov (2008) stated, “The sections of the Act relating to education are Title IV, prohibiting discrimination on the basis of race, color, sex, religion or national origin by public elementary and secondary schools and public institutions of higher learning”
In summary, this act disallows school agencies from discriminating based on any of the mentioned descriptions.
Plyler v. Doe1982
AmericanPatrol.com (n.d.) stated, “In 1982, the Supreme Court rules in Plyler v. Doe , 457 U.S. 202 (1982), that public schools were prohibited from denying immigrant students access to a public education.”
In summary, this court ruling reassured that school systems are not a law enforcement agencies. The school systems must offer education to all students regardless of nationality and citizenship status.
Implementations in TN
The previous five laws are critical to the educational justice ofESL students. The aforementioned laws are utilized in Tennessee in the following ways:
★ The Fourteenth Amendment - This amendment is seen throughout our schools when students are given a free education!★ The Civil Rights Act - This act is seen in our schools when minority students are afforded the right to eat, learn, and work in the same areas as other races.★ Lou v. Nichols - This Supreme Court ruling makes it possible for teachers to obtain textbooks specifically designed for ESL students. This ruling provided for the idea that identical is not equal.★ Equal Educational Opportunities Act - This act is seen in our schools when students are given the opportunity to learn without discrimination. ELL students cannot be placed in special education classrooms just because of challenges in communication.★ Plyer v. Doe - This act can be seen in our schools when undocumented students are taught alongside American citizens.
Resources Not Used in PPT
TN Federal Resources for ESL Students - http://www.state.tn.us/education/fedprog/fpeslresources.shtml
Cleveland County Schools Department of ESL - http://mail.clevelandcountyschools.org/~atorres/S02D30DF3
EFL Law - http://www.efl-law.com/
Randolph County Schools - Laws Governing ESL Programs - http://www.randolph.k12.nc.us/Departments/ESL/Pages/LawsGoverningESLProgram.aspx
Maryland Law - ESL Resources - http://www.law.umaryland.edu/academics/writing/center/esl.html
Resources Used in PPTReferences
Civil Rights Act (1964). (n.d.). OurDocuments. Retrieved from http://www.ourdocuments.gov/doc.php?flash=old&doc=97
Civil Rights Division. (2008). United States Department of Justice. Retrieved from http://www.justice.gov/crt/edo/faq.php
Elbel, F. (2008). The 14th Amendment to the United States Constitution. The 14th Amendment. Retrieved from http://www.14thamendment.us/amendment/14th_amendment.html
Plyler vs. Doe. (n.d.). American Patrol Report Citizenship. Retrieved from http://www.americanpatrol.com/REFERENCE/PlylerVDoeSummary.html
Zehr, M. A. (2007). Examining the Impact of Lau v. Nichols. Education Week. Retrieved from http://blogs.edweek.org/edweek/learning-the-language/2007/11/looking_at_the_impact_of_lau_v.html