CLAD Language Policy and Legal Frameworks 1 — Questions and Answers
Question 1: Which landmark 1974 Supreme Court case established that providing identical English-only instruction to non-English-speaking students does not constitute equal education?
- Castañeda v. Pickard
- Plyer v. Doe
- Lau v. Nichols (Correct answer)
- Brown v. Board of Education
Correct 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.
Question 2: The Equal Educational Opportunities Act (EEOA) of 1974 requires school districts to take 'appropriate action' to:
- Provide native-language instruction until students are fully English proficient
- Overcome language barriers that impede ELL students' equal participation in educational programs (Correct answer)
- Hire at least one bilingual teacher for every 20 ELL students enrolled
- Administer annual assessments in both English and the student's native language
Correct 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.
Question 3: The three-part test established in Castañeda v. Pickard (1981) requires that ELL programs be:
- Staffed by certified bilingual teachers, fully funded, and government-approved
- Supported by parents, compliant with state law, and culturally responsive
- Based on sound educational theory, effectively implemented, and producing measurable results (Correct answer)
- Offered in both native language and English with equal instructional time
Correct 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.
Question 4: Plyer v. Doe (1982) is important for ELL policy because the Supreme Court ruled that:
- States must provide bilingual education through 8th grade for all ELL students
- Undocumented immigrant children have a constitutional right to a free public education (Correct answer)
- Schools may charge tuition to undocumented students for enrollment in public schools
- Federal funding may be withheld from districts that enroll undocumented students
Correct 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.
Question 5: Title III of the No Child Left Behind Act (NCLB) held school districts primarily accountable for:
- Ensuring ELL students graduated at the same rate as native English-speaking peers
- The English language proficiency gains and academic achievement of ELL students (Correct answer)
- Hiring only state-certified bilingual teachers for all ELL instructional settings
- Providing a minimum of four hours of language instruction per day for ELL students
Correct 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.
Question 6: The 'sink or swim' approach to ELL instruction — placing students in English-only classrooms with no language support — was most directly challenged by:
- The Bilingual Education Act of 1968, which mandated native-language instruction
- California Proposition 227, which replaced bilingual education with structured immersion
- Lau v. Nichols and subsequent OCR guidelines requiring meaningful language support (Correct answer)
- The Americans with Disabilities Act, which required accommodations for language learners
Correct 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.
Question 7: Which federal office is primarily responsible for investigating complaints and enforcing civil rights protections for ELL students in public schools?
- The National Institute for Literacy
- The Office for Civil Rights (OCR) within the U.S. Department of Education (Correct answer)
- The Office of Language Minority Affairs at the Department of Justice
- The National Clearinghouse for English Language Acquisition
Correct 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.
CLAD Language Policy and Legal Frameworks 1
Which landmark 1974 Supreme Court case established that providing identical English-only instruction to non-English-speaking students does not constitute equal education?