ERIC Number: ED598139
Record Type: Non-Journal
Publication Date: 2019-Jun
Pages: 26
Abstractor: As Provided
ISBN: N/A
ISSN: N/A
EISSN: N/A
Available Date: N/A
Legal Protections for K-12 English Learner and Immigrant-Background Students. Issue Brief No. 3
Sugarman, Julie
Migration Policy Institute
Although education is in many ways a responsibility of states and localities, the U.S. federal government also has an important role to play. National laws, court rulings, and policy guidance help ensure that English Learner (EL) and immigrant-background students have equitable access to a meaningful education. It is then up to states and school districts to color in many of the details as they implement these protections in their free, public primary and secondary school systems. This EL Insight lays out seven key ways the U.S. government protects the educational rights of EL and immigrant-background students, including those with Limited English Proficient and unauthorized-immigrant family members. It also explains the legal framework behind these rules, who enforces them, and how they can be seen in action in schools across the country. Some of the policies highlighted in this brief--such as using a two-step home language questionnaire and English assessment to identify which students are ELs--are well established and look similar across the country. Others, such as requirements for what credentials teachers must have to work with ELs, vary considerably. And while some legal protections have become a basis for strengthening broader educational policy, many have limitations or have fallen short their implementation. This brief is the latest in a series of English Learner Insights, which also includes an introduction to finding and using EL data and to the instructional models schools use to serve ELs.
Descriptors: English Language Learners, Immigrants, Student Rights, Federal Legislation, Educational Policy, Elementary Secondary Education, Public Education, Court Litigation, Educational Legislation, Parent Rights, Student Records, Privacy, Civil Rights Legislation, Access to Education, Equal Education, Accountability, Data Use, Decision Making, Limited English Speaking, Parents, Parent School Relationship, Disabilities, Homeless People
Migration Policy Institute. 1400 16th Street NW Suite 300, Washington, DC 20036. Tel: 202-266-1940; Fax: 202-266-1900; e-mail: communications@migrationpolicy.org; Web site: http://www.migrationpolicy.org
Publication Type: Reports - Descriptive
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: Carnegie Corporation of New York
Authoring Institution: Migration Policy Institute (MPI), National Center on Immigrant Integration Policy
Identifiers - Laws, Policies, & Programs: Doe v Plyler; Family Educational Rights and Privacy Act 1974; Civil Rights Act 1964 Title VI; Lau v Nichols; Elementary and Secondary Education Act; Equal Educational Opportunities Act 1974; Every Student Succeeds Act 2015; No Child Left Behind Act 2001; Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504); Stewart B McKinney Homeless Assistance Act 1987
Grant or Contract Numbers: N/A
Author Affiliations: N/A