KStone_POS-500_Classification of English Language Learners

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Grand Canyon University *

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POS-500-05

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Law

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Jan 9, 2024

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Equal Protection and Public Education Grand Canyon University POS-500: Professor Young August 9, 2023

Introduction English language learners (ELL) deserve the same educational rights as students who already speak English. Their classification as ELL and their education should all be above board. Not only this, but it is essential to obey the laws and civil rights of each and every student. ELLs should not be disregarded when it comes to their education. Classification of English Language Learners (ELL) The first step in determining if a child is an ELL is to have a home language survey completed by the child’s parents. This survey will contain questions regarding the languages spoken within the home. It will also require the parents to note down the child’s first language, their primary language, and any other languages that might be spoken in the home. Then, if English is not the only language spoken, the next step is to have the child take the English language proficiency (ELP) assessment. The ELP is used as a way to determine ELL status (Johnson & Goldenberg, 2020). Once their language proficiency has been determined, the next step is to have the child begin English language development classes (ELD) that are geared toward helping them become proficient in the English language. Another service available to the child is linguistically accessible core content instruction, which may also be called sheltered content instruction. Their progress will be monitored, and the child will take an annual ELP to redetermine ELL status each year. If the test results show that the child has become proficient in English, then the child will be eligible for reclassification. In some states, academic achievement tests and teacher recommendations may be put into reclassification consideration. Once proficiency has been

determined, the child is removed from the ELD program and monitored for the next four years (Johnson & Goldenberg, 2020). Legal Issues Associated with ELL Classification When a student has been classified as an ELL, the school district must meet the needs of these students per federal law. The Supreme Court case Lau v. Nichols in 1974 declared that providing ELL students with equal treatment via facilities, textbooks, teachers, and curriculum was cutting ELL students off from any meaningful education (OCR, 2020). So, it was decided that schools must provide an equitable education where the programs are designed to meet the needs of these students and allow them to over any barriers to learning English. Then in another Supreme Court ruling in Castañeda v. Pickard, educators must adhere to students' civil rights by following three simple rules when developing their language program. First, the school shall ensure that the program is based on sound educational theory. Then, the program itself must be implemented effectively and by adequately trained personnel. The last step is to ensure the program has been evaluated and proven successful through research-based findings. Anything less would be a detriment to the ELL students (Zacarian, 2021). Conclusion As you can see, ELL students have the same right to a proper education as English- speaking students. When a school determines its curriculum, it cannot just pick anything out there in the world today. The school must choose something that is research-based and proven to be educationally beneficial to students. This same right applies to the teachings of ELL students. If the curriculum does not adequately reach ELL students, then the school district must reach out

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to the State and gain the proper tools and personnel required for their program of ELL students whose barriers come from language.

References: Johnson, A., & Goldenberg, C. (2020). ELLs on the Cusp: Should We Reclassify? The American Federation of Teachers. Retrieved August 8, 2023, from https://www.aft.org/ae/spring2020/johnson_goldenberg#:~:text=Generally%2C %20students%20take%20an%20ELP,then%20classified%20as%20an%20ELL . OCR (2020, January 16). Developing Programs for English Language Learners: Lau v. Nichols . U.S. Department of Education: Office for Civil Rights (OCR). Retrieved August 9, 2023, from https://www2.ed.gov/about/offices/list/ocr/ell/lau.html Zacarian, D. (2021). What are the Legal Requirements Related to ELL Education? Colorín Colorado. Retrieved August 9, 2023, from https://www.colorincolorado.org/article/what- are-legal-requirements-related-ell-education#:~:text=Under%20the%20federal %20regulations%2C%20all,make%20provisions%20for%20postponement %20exceptions .

KStone_POS-500_Classification of English Language Learners

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