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Meyer v. Nebraska
Meyer v. Nebraska was a Supreme Court case that challenged a Nebraska law that restricted foreign-language education. This case ruled that this law was a violation of the Fourteenth Amendment. The decision established the states authority to determine the language of instruction in public schools. -
Farrington v. Tokushige
Farrington v. Tokushige was a Supreme Court case that challenged the Territory of Hawaii's law that made it illegal to teach foreign languages in schools without a permit. In doing this, the court ruled that this amount of regulation in schools was unreasonable. The court protected the right of parents to organize other out-of-school language instruction for their children. -
Brown v. Board of Education
Brown v. The Board of Education was a landmark court case that ruled that segregation of schools was unconstitutional. This Supreme Court Case made it clear that English Language Learners cannot be separated fully from other students throughout their education. It determined that the states were responsible for providing students with equal educational opportunities, which paved the way for the establishment of bilingual education programs. -
Elementary and Secondary Education Act
The Elementary and Secondary Education Act (ESEA) was proposed as part of President Lyndon B. Johnson's War on Poverty and signed into law on April 9, 1965. ESEA acts to provide an equal quality education to all students. Some key components of ESEA funding for education, policies, and other procedures which focus on low-income students. -
Federal Bilingual Education Act
The Federal Bilingual Education Act began as a bill introduced to provide federal funding to support bilingual education programs and entered into law as Title VII of the ESEA. This act and other reauthorizations allowed educational instruction to be conducted in the students' home language. -
Lau v. Nichols
The U.S. Supreme Court case of Lau v. Nichols resulted in one of the most important decisions regarding ELLs education. Chinese American students were placed in an mainstream English classrooms despite their lack of English proficiency. Although the students were receiving the same materials and curriculum, they were not being treated equally and were deprived of meaningful education. This decision lead to the creation of the Lau Remedies, requiring bilingual education programs for ELLs. -
Equal Education Opportunities Act
The Lau Remedies were translated into federal law in the Equal Education Opportunities Act (EEOA). This act declares that no state should deny education to students on the basis of race, color, sex, national origin or by the failure of an educational agency to overcome language barriers. -
Castaneda v. Pickard
This case found that the school district did not meet the requirements of the EEOA; however, the court did not support the plaintiffs request for bilingual education. The outcome of this case was a three-pronged test that serves to address the needs of ELLs, as stated in the EEOA. The Castaneda standard ensures all ELL programs are: based on sound educational theory, have sufficient resources, and are evaluated to determine their effectiveness. This has become the law of ELL programs. -
Gomez v. Illinois State Board of Education
After the case of Castaneda v. Pickard in 1981, the Castaneda standard was created to ensure appropriate action in addressing the needs of ELLs. The case of Gomez v. Illinois State Board of Education successfully used this Castaneda standard test to rectify inadequate programs for English language learners. -
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English for the Children initiatives
Three states with high ELL populations approved the English for the Children initiatives. In 1998 California approved Prop. 227, in 2000 Arizona approved Prop. 203, and in 2002 Massachusetts approved Question 2. These initiatives placed severe restrictions on bilingual education programs in these states. The leader of these initiatives claimed that bilingual education programs were a violation of immigrants right to learn English and made false claims in order to eliminate these programs. -
Flores v. Arizona
In 2000, this court case argued inappropriate funding of programs for ELLs. The shortcomings of the Castaneda standard test led to decisions of upholding highly questionable policies and programs for English language learners. This case created a precedent for using the Castaneda test to assess the needs of ELLs. -
No Child Left Behind Act (NCLB)
The No Child Left Behind Act was proposed by President George W. Bush in 2001 and made into law on January 8, 2002. The Title VII Bilingual Education Act has been replaced by Title III, "Language Instruction for Limited English Proficient and Immigrant Students". NCLB ended funding and support for bilingual education, making English its sole focus. -
World-Class Instructional Design and Assessment
The World Class Instructional Design and Assessment (WIDA) state consortium was established to develop common English language proficiency standards and assessments. The proficency assessment called the Assessing Comprehension and Communication in English State-to-State for English Language Learners (ACCESS for ELLs) was developed to comply with Title III of NCLB. -
American Recovery and Reinvestment Act
Major education reforms were planned by the Obama administration through the American Recovery and Reinvestment Act (ARRA). This act included over $44 billion in funding for education. A new program, Race to the Top was introduced as a part of ARRA to begin education reforms with over $4 billion in grants. The requirements for these grants involve high-stakes testing and teacher evaluations. Many civil rights groups found that ELL issues are not sufficiently addressed in funded state proposals. -
Common Core State Standards
Common Core State Standards (CCSS) is a state-led initiative to develop language and mathematics standards. CCSS are rigorous bench-marked standards that are designed to raise the bar to ensure all high-school graduates are prepared for college or the workforce. The CCSS does not address ELLs and does not replace the state English language proficiency standards required by Title III. CCSS also does not specify a language of instruction, making it compatible with bilingual education programs. -
Elementary and Secondary Education Act Flexibility
In 2011, many states were failing to make AYP as stated in NCLB, so the Obama administration created ESEA Flexibility. This allowed the states to be granted flexibility from Title I requirements of NCLB. By the end of 2014, 43 states, the District of Columbia, and Puerto Rico were approved for ESEA Flexibility. The guidelines of ESEA Flexibility give more leeway to create more effective approaches for teaching and assessing ELLs. -
Every Student Succeeds Act
In 2015, the Every Student Succeeds Act replaced the No Child Left Behind Act of 2001. ESSA maintains Title III separately, with a separate funding stream for the education of ELLs. This act provides states and school districts with the resources necessary to establish and maintain high-quality educational programs for English learners, including immigrant children and youth. This allows them to develop English language and content proficiency measured against challenging academic standards.