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CTEL Court Cases & Legal Definitions
Terms in this set (20)
Lau vs Nichols
(1974) Supreme court determines that schools that do not make special provisions for students learning english are not providing equal education opportunities. Made illegal those educational practices that excluded children from effective education on the basis of language
NCLB, Title III
(2004) States that "English Learners will develop high levels of academic proficiency and meet the same challenging academic standards as do their native-English speaking peers."Funding for ELs and immigrants. Accountability requires annual progress in learning English, progress towards reclassification, and academic progress
(2004) Individuals with Disabilities Education Act. Reauthorized previous Special Education law. Stipulates that children not be labeled disabled if poor school achievement is due to ethnic, linguistic, or racial difference
Prop 227 (Unz Initiative)
(1998) Ed. Code 300-340. Instruction overwhelmingly in English. Requires that all English Language Learners in California receive a program of "sheltered immersion" or "structured immersion" taught "overwhelmingly in English" for one year before beginning transferred to mainstream or regular classes.
William vs CA
(2000) Requires equity in provision of textbooks, maintenance of facilities, and appropriately authorized staff (including teachers of English Learners)
The Civil Rights Act, Title VI
(1964) Prohibits denial of equal access to education on the basis of race, color, national origin, or limited profieciency in English in the operation of federally assisted program.
Keyes vs School District No 1
(1973) Latinos must be covered by Brown v board of education. Mexicans cannot be labeled white and used to create falsely desegregated schools containing only blacks and Latinos.
The Equal Education Opportunities Act (EEOA)
(1974) No state shall deny equal educational opportunities to an individual on account of his 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 instructional programs.
Rios vs Reed
(1978) A federal court rules that a bilingual program must include a cultural component.
Phyler vs Doe
(1982) The U.S. supreme court decides that a state's statue that denies school enrollment to children of illegal immigrants, " violates the Equal Protection Clause of the Fourteenth Amendment"
Lau v Nicholas
civil rights case brought by Chinese American students living in San Francisco, California who had limited English proficiency. The students claimed that they were not receiving special help in school due to their inability to speak English, help which they argued they were entitled to under Title VI of the Civil Rights Act of 1964 because of its ban on educational discrimination on the basis of national origin.
Casteneda v Pickard
(1981) Set the standard for the courts in examining programs for LEP students. Basically districts must have:
1. Theory: A pedagogically sound plan for LEP students.
2. Implementation: Sufficient qualified staff to implement the plan (includes hiring of new staff and training of current staff).
3. Evaluation: A system established to evaluate the program.
Castañeda did not require bilingual education programs to meet these standards. It required only that "appropriate action to overcome language barriers" be taken through well implemented programs.
Early-exit bilingual program
A program designed to help children acquire the English skills required to succeed in an English-only mainstream classroom. These programs provide some initial instruction in the students' first language, primarily for the introduction of reading, but also for clarification. Instruction in the first language is phased out rapidly, with most students mainstreamed by the end of first or second grade.
Late-exit bilingual program
Students remain in this program throughout elementary school and continue to receive 40% or more of their instruction in their first language, even when they have been reclassified as fluent-English-proficient.
Two-way bilingual program
A group language minority students from a single language background in the same classroom with language majority (English-speaking) students. Ideally, there is a nearly 50/50 balance between language minority and language majority students. Instruction is provided in both English and the minority language. In some programs, the languages are used on alternating days. Others may alternate morning and afternoon, or they may divide the use of the two languages by academic subject.
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