Equal Protection and Education
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Grand Canyon University *
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Linguistics
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Jan 9, 2024
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Equal Protection and Education Essay
De Jeunae Walker
POS 500
November 8th, 2023
Dr. Bruce Carroll
The discussion around equal protection of all students in the public education system
remains an ongoing issue that needs to be addressed. The classification of English Language
Learners (ELLs) in the American educational system is a complex and crucial matter. English
Language Learners are students whose primary language is not English and who may have
limited proficiency in English. They often require additional support to access the curriculum
effectively. In U.S. schools, ELL students are typically identified through language
proficiency assessments under the Every Student Succeeds Act, which was implemented to
determine scholar’s language proficiency, and design resources and strategies to meet the
needs of scholars through attainable goals. (US Department of Education, n.d.).
Once
identified, these students are often placed in programs designed to help them acquire English
language skills while simultaneously participating in the regular curriculum. While federal
legislations such as No Child Left Behind (NCLB) placed focus on supporting various sets of
students with educational needs including, scholars who struggle with a language barrier and
had little to no knowledge of the English language. (Understood, n.d.) However, it is found
that scholars are placed into general education environments in which educators are not
professionally trained to provide differentiated instruction that will ultimately meet the needs
of ELL students. Without the proper training, ELLs suffer from a lack of adequate instruction
that is tailored to meet their needs.
Several legal milestones have played a crucial role in shaping the landscape of
educational equity, particularly for students facing language barriers. In 1974, Lau v. Nichols
set a precedent by affirming that students lacking English proficiency must receive
meaningful access to the curriculum. (Lau V. Nichols - 414 U.S. 563, 94 S. Ct. 786, 1974).
This landmark case laid the foundation for addressing language-related challenges in
education.
It also placed urges on the educational system to actively create a classification
system that internalized the specific requirements needed to be considered an ELL, as well as
a directive on
the resources and instruction any individual scholar would receive.
Subsequently, Plyler v. Doe in 1982 expanded the scope of equal access by securing the right
to a free public education for undocumented immigrant children, recognizing the importance
of education as a universal right. (
Plyler v. Doe, 457 U.S. 202 , 1982). ELL students have
rights to earn a valuable education that not only supports their language barriers, but creates a
learning environment that is inclusive of their needs. It is pertinent for educators to be
provided with the proper educational training that allows them to provide these supports to
students.
Equal protection under the law, as guaranteed by the 14th Amendment to the U.S.
Constitution, mandates that ELL students must have the same opportunities to succeed as
their English-proficient peers. This means that they should not be excluded from educational
programs or services on the basis of their English language proficiency. Furthermore, ELL
students should receive adequate resources and support to help them achieve the same
educational outcomes as their peers. The classification of English Language Learners in the
American educational system is a critical process that carries legal implications related to
equal educational opportunities. Through landmark cases and legislative acts, the U.S. has
established a framework to ensure that ELL students receive the support and resources they
need to succeed academically. Upholding the principles of equal protection is crucial in
providing all students, regardless of their language background, with a fair and meaningful
education.
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References
Baker, C., & Wright, W. E. (2017). Foundations of bilingual education and bilingualism.
Multilingual Matters
Lau V. Nichols - 414 U.S. 563, 94 S. Ct. 786 (1974). Community. (n.d.). Retrieved from
https://www.lexisnexis.com/communitv/casebrief/p/casebrief-lau-v-nichols
.
Plyler v. Doe, 457 U.S. 202 (1982). United States Courts (n.d.) Retrieved from
https://www.uscourts.gov/educational-resources/educational-activities/access-education-
rule-law
U.S. Department of Education (n.d.).
Our Nation’s English Learners.
Retrieved from
https://www2.ed.gov/datastory/el-characteristics/index.html
Understood.org (n.d.)
No Child Left Behind NCLB What You Need to Know.
Retrieved from
https://www.understood.org/en/articles/no-child-left-behind-nclb-what-you-need-to-know