ESL LEGISTLATION ELS Language Centers Daiva Berzinskas Contact Information:

U.S. Legislation for Second Language Learners  Civil Rights Act 1964 (Title VI)  Bilingual Education Acts of 1968 and 1974 (Title VII)  Lua v. Nichols  Equal Educational Opportunities Act (EEOA)  Plyler v. Doe  No Child Left Behind (NCLB)

Civil Rights Act of 1964 (Title VI)  Federal law requires programs that educate children with limited English proficiency to be:  based on an educational theory  adequately supported, with adequate and effective staff and resources, so that the program has a realistic chance of success  periodically evaluated and, if necessary, revised

Bilingual Education Acts of 1968 and 1974 (Title VII)  Act was passed in 1968 and revised in  Provided school districts with funding to provide educational programs for limited English proficient (LEP) speaking students.  Encouraged multicultural awareness  Gave school districts ability to provide bilingual education programs that were in violation of segregation laws

Lau v. Nichols (1970)  Ruling ensured that limited-English proficient (LEP) students had opportunities to participate in district educational programs  Ensured that resources would be provided for students with language deficiencies to overcome their deficiencies  "Basic English Skills are at the very core of what…public schools teach. Imposition of a requirement that, before a child can effectively participate in the educational program, he must already have acquired those basic skills, is to make a mockery of public education." -- U. S. Supreme Court, 1974, Lau vs. Nichols

The Lau Remedies (1975)  They specified approved approaches, methods, and procedures for:  …”identifying and evaluating national origin minority students’ English language skills;  determining, appropriate instructional treatments;  …deciding when LEP children were ready for mainstream classrooms;  …determining the professional standards to be met by teachers of language minority children.” (Baker, 1983)

Plyler v. Doe (1982)  This law was enacted in response to a 1975 education law in Texas that denied state education funds to illegal aliens.  The Texas law was in violation of Equal Protection Clause of the Fourteenth Amendment.  The Fourteenth Amendment states: “[n]o State shall... deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Plyler v. Doe  RULING:  Public schools are prohibited from enacting policies or taking actions that would deny students access to education based on their immigration status.  School officials may not require children to prove they are in this country legally by asking for documents such as green cards, citizenship papers, etc. They may only require proof that the child lives within the school district attendance zone, just as they might for any other child.

Equal Educational Opportunities Act (EEOA)  This Act was designed to require school districts to establish language programs to eliminate language barriers in schools.  provides that no state shall deny equal educational opportunity on the basis of race, color, sex, or national origin.

NCLB (2001)  States must provide funding to improve the education of LEP students by providing ESL instruction and meet state academic standards.  Legislation for limited English proficient students is found under Title III of NCLB.  English Language Acquisition Act (part of NCLB)  replaces Bilingual Education Act and requires that LEP students are tested in English proficiency after three years of living in the U.S.

Tennessee Guidelines for ELLs  TN Civil Rights Act in 1964  Ensures that each district is responsible for implementing own LEP program  Program must be regularly evaluated  ESL programs must be endorsed and taught by certified ESL teachers  If student home schools cannot provide programs, transportation must be provided  Plyer v. Doe implication:  School districts must have policy regardless of immigrant status  Plyler v. Doe 457 U.S  For more information:

ESL Resources  Bilingual Education Program   Chronology of Laws Impacting ESL Students %20ELL%20Policy%20and%20Practice%20from%20TEA.pdf %20ELL%20Policy%20and%20Practice%20from%20TEA.pdf  ESL Policy and Legislation   Legislation Related to Bilingual Education:  TN Department of ESL Resources: 

References MTSU HONOR STATEMENT This assignment/assessment was solely written by me. In no way have I plagiarized (represented the work of another as my own) or otherwise violated the copyright laws and academic conventions of fair use. I know that violations of this policy may result in my being dismissed from Middle Tennessee State University and / or appropriate legal action being taken against me. Daiva Berzinskas Baker, K.A. & de Kanter, A.A. (1983). Bilingual Education: A Reappraisal of Federal Policy. Retrieved from Beyond Brown. (n.d.). Summary of Lau vs. Nichols Retrieved from: Seivers, L. ( n.d.). Tennessee English as a Second Language Program Guide. Retrieved from : U.S. Department of Education ( 2005). Education and Title VI. Retrieved from