Running head: EQUAL PROTECTION 1

Equal Protection and Public Education Essay

Calandra Young

Grand Canyon University: POS 500

May 20, 2020

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Equal Protection and Public Education Essay

English Language Learners (ELL) have fair rights as per the public education program.

ELLs are students who can't communicate or learn effectively in English fluently (Great Schools

Partnership, 2013). Such students are mostly from households and/or families who are not

English speaking. Under the US 14th Amendment, equal protection is guaranteed and supported.

Constitution that a state shall regard a class or an person as it treats others in the same way

(Merriam-Webster, n.d.). The aim of this paper is to review the historical context of the

classification of ELL students, describe the legal problems that are raised and address the

criteria.

Classification of English Language Learners

The registration method for ELL students starts by presenting a survey to submit to the

student 's mother. This survey identifies students who may need English development services

based on level of exposure to the English language. If the parents reply that their child speaks a

language other than English, the students must be evaluated with the WIDA English language

proficiency (ELP) screener. Here in Georgia, “if the scores on the WIDA screener meet the state

established eligibility criteria, the student qualifies as an English learner (EL). All EL students

are eligible for the OCR-required, state-mandated English language education program for

Speakers of Other Languages (ESOL), and some EL students may also be eligible for an

additional Title I, Part A or Title III, Part A language training program” (Georgia English

Learner Identification and Placement Guidance Document). However, "each state has developed

its own approach, so the criteria for classification into and out of ELL status, and the specialized

services associated with it, vary across states (The National Academies Press, 2011)." The

student will be ranked within five different levels of the evaluation results. The student will then
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be classified as an ELL at this point, or not. If the applicant is identified as an ELL, then

resources would be given to achieve English language proficiency too. If the pupil achieves

ability then the student is reclassified to join the ELL curriculum (ELL Classifications, n.d.).

Legal Issues

There have been several legal problems that have occurred in the past few decades related

to the registration of ELL graduates. The Civil Rights Act of 1964 notes that applicants cannot

be discriminated against regardless of nationality and cannot be denied admission because of

poor English abilities. The legislation also understands that English Language Learners must be

taught similarly as their classmates, although that was not always the case. There have been

several court challenges that have arisen to provide such basic benefits for the pupils. The Lau

vs. Nichols case occurred in 1974, involving a complaint by Chinese parents in San Francisco

who requested that school districts intervene for those students who were unable to understand

the language in which they were teaching (Overview of Legal Issues Which Affect English

Language Learners, n.d.). In fact, the 1982 Plyer vs. Doe case was also a major court decision

that altered the school framework for ELL pupils. This case allowed students never to be refused

admission due to lack of proper paperwork. As long as an applicant has sufficient evidence of his

or her age, they can be enrolled in school to obtain an education (Overview of Legal Issues

Which Impact English Language Learners, n.d.).

Equal Protection

Such court decisions also helped students receive fair rights when it comes to schooling

themselves. The 1974 Equal Opportunity Act dedicated to ensuring fair education for children by

not enabling every state to refuse their education because of a language difference (U.S.

Department of Education, 2001). Fair security requires schools to have language training that
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provides ELL students the social and academic language skills they need to be academically

effective. The 14th amendment, rules, statutes, and court decisions all provided an fair education

for English Language Learners throughout history. Equal protection ensures they get the

education they deserve to be successful.

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References

English Language Learner (ELL) Classifications. (n.d.). Retrieved from

https://yt.dallastown.net/UserFiles/Servers/Server_162234/File/Services/Esl/Teachers/Stu

dent%20Classifications.pdf

Georgia English Learner Identification and Placement Guidance Document. (2020). Retrieved

from https://wida.wisc.edu/sites/default/files/id-placement/GA-ID-Placement-

Guidance.pdf

Great Schools Partnership. (2013). English-language learner. Retrieved from

https://www.edglossary.org/english-language-learner/

Merriam-Webster. (n.d.). Equal protection. Retrieved from https://www.merriam-

webster.com/dictionary/equal%20protection

Overview of Legal Issues Which Impact English Language Learners. (n.d.). Retrieved from

https://www.champaignschools.org/sites/default/files/Overview%20of%20legal

%20issues%20which%20impact%20ELLs.pdf

The National Academies Press. (2011). Allocating federal funds for state programs for English

language learners. Retrieved from https://www.nap.edu/read/13090/chapter/6

U.S. Department of Education. (2011). Federal law and English language learners. Retrieved

from https://www.ksde.org/Portals/0/Title/ESOL/FederalLawOverview.pdf