-
1860 Native American Boarding Schools
Native Americans living on reservations were forced to send their children to boarding schools. The eastern reformers Herbert Welsh and Henry Pancoast, wanted to teach the Native Americans the "civilized ways" of the white world. This would be a place where Native American children would learn a trade. This was one of the first places where ELL children were taught to assimilate and give up their home languages and cultures. -
Naturalization Act of 1906
An act of Congress that required immigrants to learn English to be allowed citizenship. This requirement was lifted in the 1990 reauthorization. This law also created the Bureau of Immigration and Naturalization which created the first uniform naturalization laws in the country. This Bureau would become part of the Homeland Security Department in 2002.
Before this act, states had their own courts for naturalization and many variations of standards were used across the country. -
Nebraska Simon Act
Nebraska state law that made it illegal to teach students in languages other than English or for students to learn a foreign language before the eighth grade. The wording of the law states: "No person, individually or as a teacher, shall, in any private, denominational, parochial or public school, teach any subject to any person in any language other than the English language." A person did not have to be a teacher to violate this law. -
Meyer vs. Nebraska 1923
A teacher was found in violation of the Simon Act of 1919. A teacher taught a reading lesson to a 4th grade student in German. The teacher was convicted in district court and appealed to the Supreme Court. In Meyer vs. Nebraska the Supreme Court sided with Meyer. The Court found that the Simon Act of Nebraska violated the 14th amendment right for a person to make choices for themselves and their families. Included in these choices was the language their children should be taught. -
Farrington vs. Tokushige
In the 1920's Hawaii passed laws eliminating heritage language schools. This was in reaction to WWI. This law affected private schools for Japanese and Chinese children. The Supreme Court struck down this law. Parents had the right to decide how their children were educated as part of the due process clause of the 5th and 14th amendment to make decisions about life choices. Minority language communities have the right for their children to learn their home language. -
Mendez vs. Westminster
An Orange County California family attempted to enroll their Mexican-American children in the local elementary school. The children were denied entry because of their race and skin color. Mexican children were sent to separate schools for Mexican children. The district court found this to be a violation of California law. This was a case that found that separate schools for different races denied rights to minority groups. -
Steinback vs. Mo Hock Ke Lok Po
In Hawaii in the 1920's heritage language schools for Japanese and Chinese children were limited by required permits for teachers and further restrictions about when the schools could be in session. These restrictions were passed so children would not be confused by learning two languages but would also be more 'American'. This decision by the Supreme Court stopped the state laws from limiting heritage language schools. -
Brown vs. Board of Education
This ruling stated: "separate educational facilities are inherently unequal." Schools could no longer provide separate schools based on race. The separate schools promoted inferior education facilities and educational opportunities for minorities. 'Separate but equal' was a violation of the equal protection clause of the 14 amendment. This ruling helped the Civil Rights Movement move forward and helped prepare legal precedent to end segregation in all areas of society. -
Civil Rights Act of 1964
This Act stated that no person shall be excluded or discriminated against based on race, color or national origin in any activity or organization that receives federal funds. No one should be discriminated against for employment or for who they associate with outside of work. It stopped unequal voting rights practices and discrimination in public places such as restaurants and theaters. It also protects against discrimination in admissions, grading and class placement in schools. -
Bilingual Education Act
This Act was Title VII of the ESEA Education Act of 1968. It was the first federal policy to target the needs of English language learners by giving schools funds to design innovative programs to teach Limited English Speaking Ability (LESA) students. It encompassed all English language learners not just Spanish. The Act paved the way for teaching English but did not target instruction or incorporating a students home language or culture into instruction. -
Lau v. Nichols
Chinese students in San Fransisco were given the same teachers and supplies as the other students but not support in their home language and were then not granted equal education access which violated the rights given in the Civil Rights Act of 1964. This ruling required schools to provide the programs necessary for the students to fully participate in school and to teach them English. This ruling expanded education access to ELL's across the country. -
Equal Educational Opportunities Act 1974
This act is a federal law that is part of the 1974 amendments to the Elementary and Secondary Education Act. This law prohibits states from denying equal educational opportunity based on race, color, sex or national origin. This applies to students and staff. Students must be assigned to the school nearest their home. Schools must take appropriate action to eliminate language barriers for ELL students so that ELL students may participate fully in their school. -
Castañeda v. Pickard
The lawsuit brought forth by parents claimed that Mexican-American children were discriminated against because the classroom they were assigned to was created with discriminating criteria and the school did not provide bilingual classes which prevented the children from participating equally in the classroom.
The U.S. Court of Appeals ruled in favor of Casteñeda and set up a three part assessment of what bilingual programs should include to comply with the 1974 Equal Opportunity Act. -
Improving Americas Schools Act
This act was the reauthorization of the ESEA of 1965. This act set high standards of achievement for all students and increased funding for bilingual education. Grant money could be used for the development of bilingual programs or to improve existing programs. Programs that worked to ensure proficiency in English and another language are given priority. This showed a language other than English could now be an asset not a liability. -
No Child Left Behind
This was the next reauthorization of the ESEA. This act wanted all children to have access to a fair and equal opportunity to obtain a high quality education. The provisions in the act would decrease the achievement gap between high and low-income students. Schools were responsible for boosting the achievement of special education, language minority, and low-income and minority students. It created unrealistic expectations many of which were lowered or waived in later years. -
Common Core State Standards
These standards were adopted by Illinois in 2010 and implemented in schools in the 2013-2014 school year. These standards are common across most states in the U.S. but do not have provisions for ELL students.
Groups such as the Understanding Language Project and the Council of Chief State School Officers are working to help states revise the CCSS standards for ELL students so ELL students can achieve college and career readiness.