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The federal and state laws related to ELL programs, including Title VI of the Civil Rights Act of 1964, Equal Educational Opportunities Act of 1974, Section 504 of the Rehabilitation Act of 1973, and ESSA. It also covers federal and state court cases related to ELL programs, data analysis for ELL programs, major ELL programs, regulations affecting ELL programs, and resources related to ELL programs. a comprehensive overview of the legal and regulatory framework for ELL programs in the United States.
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Western Governor’s University A1. Federal and State Laws related to ELL programs:
1. Title VI of the Civil Rights Act of 1964 protects people of all color, races, and national origin from being discriminated against, allowing them equal access to educational programs receiving federal monies. This influences ELL instruction as it ensures students will be given the resources needed to access content. 2. Equal Educational Opportunities Act of 1974 ensures an educational setting provides equal access for opportunities to students and faculty. This influences the instruction EL learners receive, and the law protects against discrimination of race, nationality, or color. 3. Section 504 of the Rehabilitation Act of 1973 protects against discrimination against students with disabilities. In a school setting it ensures qualified students with physical or mental disabilities have equal access to education. This influences approaches to EL instruction in that EL learners with physical or mental disabilities are properly evaluated and receive necessary accommodations for a successful education experience. 4. ESSA as modified to its current, ensures all students have access to high academic content and are equipped for college or a career path. This influences EL instruction as under ESSA protection, educational settings must work together with families to ensure the child is making progress. Under ESSA, low performing schools are accountable for change to increase progress and increase graduation rates. A2. Federal Court cases
1. Lau vs. Nichols is a case upheld in the Supreme court in 1974 in which an educational setting in California, under the Civil Rights Act 1964, had to make education accessible to all students including non-English speaking students. (Developing ell programs: Lau V. Nichols, 2020) 2. Castaneda v. Pickard was a court of appeals case that implemented a three-step approach process to allowing access to for EL learners. One is that the district had to adopt an approach that would be viable for EL learners, second is that it is equitably reached by all EL learners, and third that there is a system in place that monitors the progress students are making. (Castañeda v. Pickard: Are Ells receiving the services they need?, 2016) 3. Plyler v. Doe was a case in which a school district in Texas took a stance to exclude undocumented children. The case made it to the supreme court and the district’s rule was deemed unconstitutional under the Equal Protection Clause of the 14 th Amendment. The ruling indicated that no matter the immigration status, districts must comply with allowing a child equal education access. This established a ruling that families do not have to provide legal immigration status and that educational settings are a safe zone students and families. (Clindstrom, 2 021) **A3. State Court Cases
1. What is the process to learning if students have a home language other than English? At the district level there must be a requirement for all schools to have a home language survey sent home if language other than English is spoken. Once language is identified than the ELL teacher must work with the district to make sure students and families are accommodated with their home language. Meetings regarding EL learning and progress must be set with translator (unless ELL teacher speaks the language) and any attempts to send home communication should be translated as well. 2. What are the demographics of the school? How many EL learners are there and what are their proficiency levels? How many newcomers? For an ELD teacher to accurately serve the school EL population they must have demographic information, languages spoken, English proficiency levels and know if they are complete newcomers. With just this information ELD teacher can begin groundwork of what type of materials will best be suitable for ELD interventions. 3. How long have they been taking ELD classes and how the progress been? Has attendance been an issue? Knowing how long students have been in English acquisition classes will help understand progress made. For example, language ability level will be different for a newcomer compared to the language ability level of a student who is entering their first or second year of ELD. The important thing to note is the progress student is making in language acquisition and regular grade level content. When things don’t align, and progress is not made then discussion with school data team including classroom teacher need to be considered. Families should be
contacted with any and every consideration made to allow for further understanding and to plan accordingly. B2. The data a district needs to analyze should give specific information on language acquisition. For example, the years prior ELPA screener for returning students along with classroom teacher’s assessment of content learned over the year. All aspects of the returning student’s experience should be taken into consideration. How long have they had access to EL learning? This will help determine if the instruction was viable or if there are other programs that might be more beneficial. Other data to be analyzed is looking at the number of students, grade levels and what sort of grouping should be created. For example, an ELD teacher may create a newcomer’s group, a group that is emerging and another in which students are expanding and bridging. This data will help select the kind of program needed for each group. Additionally, a student may begin in a newcomers group but make enough progress as the year goes on to be able to then join an emerging group. C1. Three Major ELL programs
to advance. Every child no matter what race, nationality, or language ability is to be given equal access to education and the resources they need to be a successful learner. Resources Castañeda v. Pickard: Are Ells receiving the services they need? YouTube. (2016, December 7). Retrieved October 20, 2022, from https://youtu.be/YBkBxPMphhg Clindstrom. (2021, January 6). Plyler vs. Doe: A landmark Supreme Court case. Colorín Colorado. Retrieved October 20, 2022, from https://www.colorincolorado.org/video/plyler- vs-doe-landmark-supreme-court-case Every student succeeds act (ESSA). Every Student Succeeds Act (ESSA) | U.S. Department of Education. (n.d.). Retrieved October 20, 2022, from https://www.ed.gov/essa?src=rn Glavin, C. (2016, October 19). Equal educational opportunities act of 1974. Equal Educational Opportunities Act of 1974 | K12 Academics. Retrieved October 20, 2022, from https://www.k12academics.com/Federal%20Education%20Legislation/equal- educational- opportunities-act- 1974 Hopkinson, A. (2017, January 6). A new era for bilingual education: Explaining California's proposition 58. EdSource. Retrieved October 20, 2022, from https://edsource.org/ 2017 /a- new-era-for-bilingual-education-explaining-californias- proposition-58/ 574852 Legal Information Institute. (n.d.). Utah admin. Code R277-716-1 - authority and purpose. Legal Information Institute. Retrieved October 20, 2022, from https://www.law.cornell.edu/regulations/utah/Utah-Admin-Code-R277-716- Office of Multilingual Curriculum & Programs. The School District of Philadelphia. (n.d.). Retrieved October 20, 2022, from https://www.philasd.org/multilingual/parents/glossary- of-acronyms/ US Department of Education (ED). (2020, January 10). Education and title VI. Home. Retrieved October 20, 2022, from https://www2.ed.gov/about/offices/list/ocr/docs/hq4 3 e4.html US Department of Education (ED). (2020, January 16). Developing ell programs: Lau V. Nichols. Home. Retrieved October 20, 2022, from https://www2.ed.gov/about/offices/list/ocr/ell/lau. html
The Williams case -- an explanation. The Williams Case -- An Explanation - Williams Case (CA Dept of Education). (n.d.). Retrieved October 20, 2022, from https://www.cde.ca.gov/eo/ce/wc/wmslawsuit.asp Your rights under Section 504 of the Rehabilitation Act - hhs.gov. (n.d.). Retrieved October 20, 2022, from https://www.hhs.gov/sites/default/files/ocr/civilrights/resources/ factsheets/504.pdf