Legal MattersLaw & Legislation Impacting English Language Learners

Jessica de Araujo JorgeForeign Language Department

HENDERSONVILLE HIGH SCHOOLjessica.dearaujojorge@sumnerschools.org

An IntroductionEducation in the US is always evolving

and adapting to meet the needs of its population. As a nation of immigrants from around the world, it comes as no surprise we have found the need for legislation that addresses how to provide appropriate education to English language learners.(ELLs)

Why is this important?The population of immigrants and children of

immigrants in the US is growing exponentially. According to a 2002 study, from 1991 to 2001 the number of students classified as Limited English Proficient increased by 105%.(Northeast and Islands, 2003)

We must be prepared to meet the needs of this diverse group of learners and the first step in the process is understand their legal rights.

Federal LawFederal law has impacted the way we

approach English language learners in our public schools by increasingly granting them more rights and protections. The recent No Child Left Behind Act specifically addresses ELL students and schools are held to a higher standard than ever before. Many other laws have paved the way for this current legislation.

Federal Law Overview1868

The 14th Amendment

1964The Civil Rights

Act – Title IV

1974 The Equal

Educational Opportunities Act

1974 Lau v. Nichols

1974 Serna v. Portales

1981 Castaneda v.

Pickard

1982 Plyler v. Doe

1987 Gomez v. Illinois

2000 Executive Order

31366

2001 No Child Left

Behind Act

Sources: Linking Language Policy to Practice, 2006/ Federal Law and ESL

Five Important Federal Laws

Law/ Legislation Summary

The Civil Rights Act – Title IV, 1964

Part of the historic Civil Rights Act that allowed the government to withdraw federal funding from US institutions found to practice discrimination on the basis of race, color or national origin. This piece of legislation began to protect the right of all students to effective education.

Law/ Legislation Summary

The Equal Educational Opportunities Act (EEOA), 1974

First section of legislation to specifically address the needs of English language learners by requiring all state educational agencies and school districts to make accommodations so that ELLs can overcome language barriers.

Law/ Legislation Summary

Lau v. Nichols, 1974 Supreme court decision that resulted when a San Francisco school system failed to provide its students with alternative instruction or remediation. The court ruled that this was a violation of the Civil Rights Act of 1964 and set a precedent for ELL educational policy.

Law/ Legislation Summary

Executive Order 31366, 2000 This order required all federal agencies to provide access for Limited English Proficient persons to all programs and activities that they conduct. (Iron County, 2002) This further insured that ELL students’ access to federally funded educational programs would be protected.

Law/ Legislation Summary

No Child Left Behind Act, 2001

Created a system of accountability for federally funded education programs that required them to assess ELL students and demonstrate that these students are given appropriate instruction that leads to academic progress.

Tennessee ImpactAll of the aforementioned laws have had a

great impact on Tennessee and its students. These federal mandates produced changes at the state level. Many federal and state laws have impacted Tennessee’s schools systems.

Five Influential Laws in TN

Law/ Legislation Summary

Tennessee Legislative Statute, 1984

English is named the official language of Tennessee. (US English, 2010) It is the language used is state institutions and government. This law may seem insignificant to some, but it informs the stance the state takes toward English language learning policy and creates bias in regard to the types of programs funded by the state. For example, immersion programs may be favored over bilingual ones.

Law/ Legislation Summary

Castaneda v. Pickard, 1981 Established assessment procedures to determine whether a school was complying with EEOA to accommodate ELLs. According to this decision schools must demonstrate that their ELL programs are based on sound educational theory, and that these theories are put into practice with adequate resources and support. The decision also declared that ineffective programs must be stopped.

Law/ Legislation Summary

Plyler v. Doe, 1982 Established that schools cannot deny access to students who are illegal immigrants. This law insured that minors were not held accountable for the actions of their adult parents and secured their right to public education. It also clarified that school districts did not bear the responsibility to enforce immigration policy.

Law/ Legislation Summary

No Child Left Behind Act, 2001

This aforesaid legislation has impacted Tennessee in all areas of education. Tennessee has experienced a more than 200% increase in English language learner enrollment in our schools in the last 15 years. (Education Week, 2005) Our schools have had to adjust quickly and implement programs to serve ELLs and demonstrate their progress on state evaluations.

Law/ Legislation Summary

The Tennesse Diploma Project, 2010

Adopted by Tennessee as part of the American Diploma Project, this initiative requires schools to align the courses they require with the skills necessary succeed beyond high school. All students, including ELLs, will be required to take more math, science and language arts courses to graduate.

AdaptationsTennessee has adopted the

NCLB policies few adaptations. Some students, however, are offered allowances in regards to testing and transitioning from one language proficiency label to another. For example, students who enter the ELL program in high school are granted a 5th year to meet Adequate Yearly Progress for high school graduation requirements. (TN Dept. of Ed., 2010)

TN Testing Adaptations

In response the NCLB testing mandates the state of Tennessee has adopted the following accommodations for ELL testing.

Extended test time Use of bilingual dictionary on non-language arts

tests Read aloud internal test instructions in English Read aloud internal test terms in English (TN Dept.

of Ed., 2004)

State Programs The state of TN proposed the use of several ESL delivery methods in 2008 including:

ESL cluster centers to which students are transported from their zone schools

ESL pull-out programs

Resource centers/ESL laboratories

Newcomer centers

Push-in or inclusion models

Sheltered content classes

Content based ESL classes

Structured immersion classes

Scheduled ESL class periods (TN Dept. of Ed., 2008)

School ProgramThe current Hendersonville High School

program is a scheduled ESL class period. Students in the program attend ESL in lieu of a language arts class until they are ready to transition.

ConclusionEach law, legislation and accommodation

presented in this slide show is essential to providing equal educational opportunity to the English language learners in our schools. Becoming informed about these policies is the first step toward improved ELL experiences in our community. If you have any questions or would like more information refer to the next slide.

Additional Information To read more about ESL legislation see:http://www.alliance.brown.edu/tdl/policy/index.shtml

For general information on ESL see:http://www.tntesol.org/forms/ESLProgramGuide.pdfhttp://tennessee.gov/education/fedprog/fpeslresources.shtml

For lesson plans and other resources see:http://www.eslcafe.com/http://www.internet4classrooms.com/esl.htmhttp://www.esl-galaxy.com/

For questions regarding ELL and Special Education see:www.state.tn.us/education/fedprog/doc/ESLSpEdQNAs.doc

References Iron County School District. (2002) Federal law and ESL. Retrieved from:

http://www.iron.k12.ut.us/esl/ESL/Coordinators_files/Federal%20Law%20&%20ESL.pdf

Maxwell, L. (2009) Shifting landscapes: Immigration transforms communities.. Education Week. v28 n17.

Northeast and Islands Regional Educational Laboratory. (2003). Claiming opportunities: A handbook for improving education for English language learners through comprehensive school reform. Providence, RI: Brown University.

US English. (2010). States with official English laws. Retrieved from: http://www.us-english.org/view/13

State of Tennessee Department of Education. (2010) AYP allowances for fifth year ESL student.Retrieved from: http://tennessee.gov/education/fedprog/fpeslresources.shtml

State of Tennessee Department of Education. (2004) English second language program policy. Retrieved from: http://www.tntesol.org/forms/ESLProgramGuide.pdf

State of Tennessee Department of Education. (2008) English as a second language (ESL) program policy 3.207 Retrieved from: http://www.tennessee.gov/sbe/2008Aprilpdfs/III%20A%20ESL%20Program%20Policy.pdf

The Education Alliance. (2006). Linking language policy to practice for English language learners. Retrieved from: http://www.alliance.brown.edu/tdl/policy/policy-prt.shtml