Court Cases
Legislation
Colorado
Consequences
No Child Left Behind
100
Lau V. Nichols (1970) because the Supreme Court ruled in favor of the plaintiffs. It was decided that not offering special support for a student who does not understand English was discriminatory.
What is the most important court case in bilingual legislation in the USA and why?
100
Title VI of the 1964 Civil Rights Act. By prohibiting discrimination on the basis of color, race or national origin, the Act requires that language minority students get the same access to programs funded by federal government as non-minorities.
What piece of law is considered the most important for bilingual education and why?
100
Yes. The Colorado English Language Education Initiative, also known as Initiative 31, proposed to amend the state constitution as to require all public schools to teach only in English.
Has the state of Colorado ever tried to abolish bilingual education?
100
They may suffer repeated failure in the classroom, falling behind in grade, and dropping out of school. Sometimes, they may inappropriately be placed in special education classes. Even if qualified, they may not have access to high track courses or Gifted and Talented programs
What happens to limited-English proficient (LEP) students who are not offered services to help them overcome language barriers?
100
Under the BEA (1968) funding was a competitive grant program that depended on the quality of the program. Under the NCLB Act (2002), funding depends on the number of English language learners.
What is the main difference with regard to federal funding between the Bilingual Education Act (1968) and the No Child Left Behind Act (2002)?
200
The court decision established a three-step process to develop quality bilingual education, namely: a pedagogically sound plan for LEP students; sufficient qualified staff to implement the plan (includes hiring of new staff and training of current staff); and a system established to evaluate the program.
What is the importance of Castaneda v. Pickard (1981)?
200
The Nationality Act (1906) that required all immigrants seeking naturalization to speak English.
What piece of law is considered to be the first regarding bilingual education?
200
It was a close result, with 56.22% opposed and 43/78% in favor.
How did people vote on Colorado Initiative 31 (2002)?
200
Failure to use resources effectively to implement language acquisition programs; failure to take steps to identify students who need those programs; failure to exit students from a language acquisition program when they have acquired English proficiency; and failure to communicate meaningfully with non-English-speaking guardians.
What are some of the most common violations of the Equal Educational Opportunity Act (1974) by school districts?
200
By holding schools accountable for results, the NCLB Act aims at improving the proficiency in English of non-English language speakers. However, not everyone agrees that this "test and punish" system provides the best opportunities for English language learners.
What is the main goal of NCLB with testing and grades? Is it considered effective?
300
It was the first court case seeking support for bilingual education outside of the desegregation issue. The Court upheld that all students in grades 1-3 receive 60 minutes per day bilingual instruction; a bicultural outlook be incorporated in as many subject areas as practicable; testing procedures be established to test the results of the bilingual instruction and adjustments made accordingly; and if necessary, further bilingual instruction should be available for junior high students.
What is the importance of Serna et al. V. Portales Municipal Schools et al (1972 and 1974)?
300
It was an amendment to the Bilingual Education Act (1968) that required schools to take action to assist students in overcoming language barriers that impede them from participating equally in the district’s educational programs.
What is the importance of the Equal Educational Opportunities Act (EEOA) of 1974 for bilingual education?
300
The United States decided that the school district was not complying with the requirements of the EEOA (1974) and entered into an agreement with the school that addressed, the school district's obligations to, among other things: ensure timely, adequate and appropriate ELL services and recruit qualified staff for ELLs.
What was the Adams 12 Five Star School District out-of-court settlement agreement of April 28, 2010?
300
No specific bilingual policy was established as a result. However, each district had to adopt affirmative actions to provide equal educational opportunities for all students.
What consequences resulted from Lau v. Nichols?
300
No. Under Title III of NCLB (2002), native language instruction is optional. Each state has the option to decide what program it will implement.
Is it true that NCLB (2002) abolishes instruction in the native language?
400
The Supreme Court declared that school systems are not agents for enforcing immigration law. As a result, public schools are prohibited at any time from: denying undocumented students admission to school on the basis of their undocumented status; discriminating undocumented students in any way; requiring students or parents to disclose or document their immigration status; and requiring social security numbers of all students, as it may expose the undocumented status of students or parents.
What was the importance of Doe vs. Plyler (1982)?
400
Its main purpose was to help schools better serve the special educational needs of educationally deprived students.
What is was the main purpose of the Elementary and Secondary Education Act (1965)?
400
Yes, despite the decision in Lau (1970), in Otero v. Mesa County Valley School District (1980) and in Keyes v. School District No. 1 (1983), the Court upheld the decision that there is no constitutional right to bilingual or bicultural education.
Are there examples of cases in Colorado where the court ruled against the right for bilingual education?
400
Coral Way Elementary School in Miami (1963).
What school introduced a pioneering and successful program of dual bilingual education, mostly due to the significant influx of Cuban immigrants to Florida after the 1959 Cuban revolution?
400
That unlike Title VII of the Bilingual Education Act (1968), Title III of NCLB Act (2002) does not recognize the benefits of bilingual education. That it does not acknowledge the factors that have negatively impacted the education of limited English students, such as segregation, improper placement in special education, and underrepresentation of in gifted and talented education and shortages of bilingual teachers. Not addressed are issues of cultural differences or the need for multicultural understanding.
What are some of the criticisms against NCLB Act (2002) with regard to bilingual education?
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