In 1981 the United States Court of Appeals for the Fifth Circuit ruled in favor of the Castañedas, and as a result, the court decision established a three-part assessment for determining how bilingual education programs would be held responsible for meeting the requirements of the Equal Educational Opportunities Act of ...
What is the Castaneda test?
The Castañeda standard mandates that programs for language-minority students must be (1) based on a sound educational theory, (2) implemented effectively with sufficient resources and personnel, and (3) evaluated to determine whether they are effective in helping students overcome language barriers (Del Valle, 2003).
Why is Castaneda vs Pickard important?
In addition, the Castañeda vs. Pickard case established three criteria for a program that serves LEP students . These measures determine whether a school district is serving the LEP students and if the program addresses the needs of these students.
What year was Castaneda v Pickard?
Pickard – 648 F. 2d 989 (5th Cir. 1981 )
Which SC decision mandated that districts develop standards to comply with Eeoa?
In responding to the plaintiffs’ claim that Raymondville, Texas Independent School District’s language remediation programs violated the Equal Educational Opportunities Act (EEOA) of 1974, the Fifth Circuit Court of Appeals formulated a set of basic standards to determine school district compliance with EEOA.
What was the Lau vs Nichols court case and how is it important to English language learners?
Nichols, case in which the U.S. Supreme Court on January 21, 1974, ruled (9–0) that, under the Civil Rights Act of 1964, a California school district receiving federal funds must provide non-English-speaking students with instruction in the English language to ensure that they receive an equal education .
What are the Lau Remedies?
Lau Remedies are policy guidelines for the education of English language learners , based on the ruling in the Lau vs. Nichols suit, mandating school districts’ compliance with the civil rights requirements of Title VI (Lyons, 1992).
How are ELL students identified?
School districts use a home language survey for students enrolling in school for the first time. ... School districts are responsible for identifying ELLs in grades K-12 with a home language survey, which must be administered by bilingual/ESL certified teachers, and a department-approved language proficiency test.
What laws affect English language learners?
Federal Laws Protecting ELL Students
The Equal Educational Opportunities Act (EEOA) of 1974 prohibits discrimination against students . It also requires school districts and states’ departments of education to take action to ensure equal participation for everyone, including removing language barriers for ELL students.
What is a two way immersion program?
Two-way immersion is an educational model that integrates native English speakers and native speakers of another language for all or most of the day , with the goals of promoting high academic achievement, first- and second-language development, and cross-cultural understanding for all students.
What is the Bilingual Education Act of 1968?
Bilingual Education Act (BEA), U.S. legislation (January 2, 1968) that provided federal grants to school districts for the purpose of establishing educational programs for children with limited English-speaking ability .
What is a structured English immersion program?
Structured English Immersion Program: The goal of this program is acquisition of English language skills so that the ELL student can succeed in an English-only mainstream classroom. All instruction in an immersion strategy program is in English.
What is the goal of transitional bilingual education programs?
The goal of transitional bilingual education is to help transition a student into an English-only classroom as quickly as possible .
Can ELL students be retained?
Grade retention of English Language Learners If an ELL student is retained solely on the basis of his/her lack of English proficiency , such retention would be discriminatory (based on Lau v. Nichols) because in effect, the ELL student would be retained for not having adequate prior exposure to English.
Why are ELL students failing?
When an ELL student doesn’t feel supported, they do not feel safe in their environment . This lack of support could be coming from a number of places. There may be a lack of support from their families, and feel like they have to do everything on their own.
Can you fail an ESL student?
Here are some guidelines, based on the federal laws, for grading your ESL and LEP students: Students should not receive grades of “D” or “F” based on lack of English proficiency . ... Classroom teachers should modify instruction, assignments, and tests based on students’ English language proficiencies.
