Section III: Legislation & Supreme Court Rulings in Support of ELLs 14th Amendment Lau v Nichols (1974) Plyler v. Doe (1982) Proposed DREAM Act Bilingual Basics -- J.P. Osterling & G.S. Kasun 7/20/2009

Plyler v. Doe History In the early 1980s, lawyers for a group of children of migrant farm workers challenged a Texas law, which allowed local school districts to refuse to educate children who were not U.S. citizens. In 1982 Plyler v. Doe case 457 U.S. 202, the U.S. Supreme Court: Ruled that the Texas law was unconstitutional, Ordered the Texas to provide an educational program for all children, citizens and non-citizens, Affirmed that the right to an education was too important for the child and society as a whole to allow such discrimination. Bilingual Basics -- J.P. Osterling & G.S. Kasun 7/20/2009

As a Result of the Plyler Ruling, U.S. Public Schools May Not: Deny admission to a student during initial enrollment or at any other time on the basis of undocumented status. Treat a student differently to determine residency. Engage in any practices which deter or discourage the students’ right of access to school. Require students or parents to disclose or document their immigration status. Require social security numbers from all students, as this may expose undocumented status (this is also not permissible under the Privacy Act of 1974). Bilingual Basics -- J.P. Osterling & G.S. Kasun 7/20/2009

Title VI, Civil Rights Act of 1964 It is the policy of the United States that discrimination, on the grounds of race, color, or national origin, shall not occur in connection with programs and activities receiving federal financial assistance and … Authorizes and directs the appropriate federal departments and agencies to take action to carry out this policy. Bilingual Basics -- J.P. Osterling & G.S. Kasun 7/20/2009

Lau v. Nichols 414 U.S. 563 (1974) A civil rights case brought by Chinese American students, whose English language proficiency was limited, in San Francisco, California The Court directed school districts to take steps to: Help these limited-English proficient (LEP) students overcome their language barriers and Ensure that they could meaningfully participate in the district's educational programs. Bilingual Basics -- J.P. Osterling & G.S. Kasun 7/20/2009

Equity Agenda for ELLs Lau v. Nichols There is no equality of treatment merely by providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education… – U.S. Supreme Court (1974) Bilingual Basics -- J.P. Osterling & G.S. Kasun 7/20/2009

The Development, Relief and Education for Alien Minors Act Bilingual Basics -- J.P. Osterling & G.S. Kasun 7/20/2009

Pending Proposals: The DREAM ACT Would provide conditional legal status to students who: Have arrived in the US before the age of 16 Arrived at least 5 years before the date of passage of the Act. Graduate from high school in the US Are accepted into college or the US military Students would be eligible for federal financial aid Bilingual Basics -- J.P. Osterling & G.S. Kasun 7/20/2009

Pending Proposals: The DREAM ACT Conditional legal status would last for 6 years. During that period of time, a student would need to complete 2 years of college education or serve for 2 years in the military. Upon successful completion of the 2-year requirement, the “conditional” status would convert into legal permanent residency, and would count towards the total time for naturalization. Bilingual Basics -- J.P. Osterling & G.S. Kasun 7/20/2009

Pending Proposals: The DREAM ACT The DREAM ACT has been introduced for several years in Congress, as part of other bills; In 2008,for the first time, it was introduced as a separate bill, but failed a cloture vote by a narrow margin. On March 26, 2009, the DREAM ACT bill was reintroduced to U.S. Congress. Bilingual Basics -- J.P. Osterling & G.S. Kasun 7/20/2009