Language Policy and Legal Frameworks Flashcards

Which landmark 1974 Supreme Court case established that providing identical English-only instruction to non-English-speaking students does not constitute equal education?

Answer: Lau v. Nichols

Lau v. Nichols (1974) ruled that identical treatment does not produce equal educational opportunity when students cannot understand the language of instruction.

The Equal Educational Opportunities Act (EEOA) of 1974 requires school districts to take 'appropriate action' to:

Answer: Overcome language barriers that impede ELL students' equal participation in educational programs

The EEOA mandates that schools take affirmative, appropriate steps to remove language barriers that prevent ELL students from meaningfully participating in educational programs.

The three-part test established in Castañeda v. Pickard (1981) requires that ELL programs be:

Answer: Based on sound educational theory, effectively implemented, and producing measurable results

The Castañeda test evaluates ELL programs across three dimensions: pedagogical soundness, effective implementation with adequate resources, and demonstrated results over time.

Plyer v. Doe (1982) is important for ELL policy because the Supreme Court ruled that:

Answer: Undocumented immigrant children have a constitutional right to a free public education

In Plyer v. Doe, the Supreme Court held that withholding public education from undocumented children violates the Equal Protection Clause of the 14th Amendment.

Title III of the No Child Left Behind Act (NCLB) held school districts primarily accountable for:

Answer: The English language proficiency gains and academic achievement of ELL students

Title III funded language instruction educational programs and established Annual Measurable Achievement Objectives (AMAOs) requiring districts to demonstrate ELL progress in English proficiency and academic achievement.

The 'sink or swim' approach to ELL instruction — placing students in English-only classrooms with no language support — was most directly challenged by:

Answer: Lau v. Nichols and subsequent OCR guidelines requiring meaningful language support

Lau v. Nichols and the OCR guidelines that followed established that submersion without any language support denies ELL students equal educational opportunity.

Which federal office is primarily responsible for investigating complaints and enforcing civil rights protections for ELL students in public schools?

Answer: The Office for Civil Rights (OCR) within the U.S. Department of Education

The Office for Civil Rights investigates complaints under Title VI of the Civil Rights Act, ensuring schools do not discriminate against ELL students on the basis of national origin.