ELL 515 Timeline of Major Events in the History of English Language Learner Instructional Policies
By AmyBertrand
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Brown v. Board of Education - This landmark decision by the U.S. Supreme Court ruled that racial segregation in public schools was unconstitutional.
This unanimous ruling changed the scope of the U.S. school system forever. This precedent is extremely relevant to teaching ELLs, as students cannot be segregated from their peers based on language, background, or ethnicity. Teachers, and all professionals, operate within the Equal Protection Clause of the 14th Amendment, and are obligated by our profession to fight back against any discrimination that impacts ELLs or any students. -
Lau v. Nichols - The Supreme Court unanimously decided that the lack of supplemental language instruction for ELLs violated the Civil Rights Act of 1964.
This case regarded Chinese-speaking students in San Fransisco, where almost 2,000 students were placed into special education, or held back for multiple years in school, because no accommodations were made for their language learning needs. All educators should be familiar with this case, and how it set a precedent for the educational rights of all learners. Catastrophic results can occur if children's learning needs aren't met, and students are disenfranchised from the school system. -
Equal Educational Opportunities Act - This federal law prohibits discrimination against all faculty, staff, and students, and requires school districts to take action to overcome any barriers in the way of learning.
The EEOA was developed from the Civil Rights movement and has been extremely impactful in the lives of students, teachers, and families. Educators and their schools are legally obligated to not let any discriminatory barriers impact the success of their students. As a teacher, my coworkers and I deal with all the specifics of accommodations, and determining exactly what can be implemented, and what are most effective methods to accommodate students with various needs. -
Castaneda v. Pickard - The U.S. Court of Appeals ruled that the Raymond school district was not providing enough language accommodation to meet the requirements of the EEOA, but did not support bilingual education.
A three-pronged test was created to determine if schools were taking appropriate action to address the needs of ELL students. The Castaneda Standard mandates ELL teaching must be 1) based on an education theory, 2) implemented with sufficient resources, and 3) effectiveness evaluated. As educators, the difficulty in this is determining what theories are actually effective. Teachers need to argue against theories that are not sound, and be advocates for the children that rely on these systems. -
Plyler v. Doe - The Supreme Court ruled that undocumented children were protected by the 14th Amendment, and had the right to receive education, and educational funding.
This case is significant to educators because even though this decision is from 1982, we are still in a culture where some people believe undocumented children and adults do not have equal rights to U.S. citizens. Teachers are at the frontline of this situation, and know that without eduction, there is vey little opportunity, and these students need a quality education as much as any other child. Educators must continue to advocate for these students so they are not denied resources. -
Flores v. Arizona - The Supreme Court ruled that states may determine their own requirements in regards to ELL instruction.
This case is significant to educators because the courts ruled that any "educational theories" could be implemented to supposedly aid ELLs. As educators, we must follow federal policies, but we also need to be aware of what instruction is effective, and what could be detrimental. It is also important to be aware and active in all political decisions that impact the students that we teach. -
No Child Left Behind Act (NCLB) - U.S. Congress implemented NCLB to create standards and measures to improve outcomes in education. states could create their own standards, but would need to complete student assessments to receive federal funding.
This was passed right as I was graduating from college, and it didn't impact me as a student. I had friends. however, who had young children in the school system.The parents were upset about the lack of funding for their schools, and how the arts were cut from many school's curriculum to focus on standardized test scores. I also had friends who were starting to work as teachers who were upset about the very complicated tests and specializations they needed to get through to teach in a classroom. -
Every Child Succeeds Act (ESSA) - Replaces NCLB, and modified standardized teaching requirements. States may choose which tests to implement.
ESSA gives more flexibility to testing, but I have teacher friends who work in public schools that believe ESSA, like NCLB, does not help the most disadvantaged students, or close the achievement gap. I work in a private school, so we are not reliant on federal funding, and can make our own decisions on testing and accommodations for ELLs. But as most students attend public school in the U.S., all educators must be aware of the national and state regulations that can affect U.S. students. -
References
Colorin Colorado. (2019). Landmark Court Rulings Regarding
English Language Learners. Retrieved on June 2, 2019 from http://www.colorincolorado.org/article/landmark-court-rulings-regarding-english-language-learners U.S. Department of Education. Education in the U.S. Retrieved on June 2, 2019 from http://www2.ed.gov/about/offices/list Wright, W. E. (2015). Foundations for teaching English language
learners: Research, theory, policy, and practice (2nd ed.). Philadelphia, PA: Caslon Publishing
