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Ways of protecting minority rights
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Education for all students has been the mandate of the public school system for many generations. In 1974, in the U.S. Supreme Court case of Lau v. Nichols brought the focus of equal educational opportunities to include those who did not speak English or had limited English proficiency (Lau v. Nichols, January 21, 1974). By examining this court case, one will become familiar with the court’s ruling, understand the impact on the education of non-English speakers including the academic achievement, and improvement of education for the English language learners. The essence of this court case was that approximately 1,800 students of Chinese ancestry, who did not speak English, where denied adequate instructions in order to pursue an education in the public schools of San Francisco resulting in the violation of the Civil Right Act …show more content…
First, the court ruling brought the need of English Language learners to the attention of the American public ((Ovando & Combs, 2011, p. 79). Without an initial outcry the needs of these students could have gone unnoticed for a much longer time. Secondly, this case created the foundation for other federal and state legislative action to promote and institute the equal education of all students to encompass students who speak other languages. For example, the Equal Educational Opportunity Act of 1974 incorporated the Lau mandate (Crawford, 1996, para. 7). Lastly, Lau v. Nichols triggered the institution of enforcement procedures to insure that states were abiding by the Supreme Court ruling (Ovando & Combs, 2011, p. 79). Though the follow-up to the mandate was initially dismal, an avenue was at least established for future policies like the Lau Remedies which addressed some of the problems and difficulties of complying with the Supreme Court
The name of this case and the specific facts, however, were unavailable at this time.9 Obviously affirmative action and reverse discrimination are still heavily debated issues. This is because they affect all people of all races and ethnicities. Conclusion Allan Bakke was denied his fourteenth amendment right to equal protection of the laws. In addition the University of California at Davis violated Title IV of the 1964 Civil Rights Act. By order of the Supreme Court Bakke was admitted and th e numerical quotas of the special admissions program were deemed unconstitutional. Justice was served to Bakke, but future generations who are not minorities may be plagued by the other half of the decision: That race may still be used as a "plus" on an application.
The issue of equality in education is not a new problem. In 1787, our federal government required all territories petitioning for statehood to provide free education for all citizens. As part of this requirement, every state constitution included, “an education clause, which typically called for a “thorough and efficient” or “uniform” system of public schools” (School Funding 6). Despite this requirement, a “uniform” system of schools has yet to be achieved in this country for a variety of reasons, many of which I will discuss later on. During the early part of th...
In the United States, there has been an increase in in the number of children from Spanish speaking backgrounds. The English Language Learners, commonly known as ELL’s, are being placed in Special Education without being properly tested for a learning disability. However there are a large number of ELL’s with learning disabilities in elementary grades that truly have a learning disability and are over looked. Many school districts have problems placing ELL’s. As a result these students end up in special education whether they have a learning disability or language impairment. Teachers are also indecisive when dealing with ELL’s. Most teachers recommend that ELL’s be placed in special education from day one. It is not because the child has a learning disability, it’s because most teachers are not properly trained to interact with ELL’s. Teachers also find it difficult, due to lack of training, having ELL’s with learning disabilities in their classrooms. More teachers would find their selves comfortable if they had training in dealing with ELL’s and ELL’s with learning disabilities. This paper discusses the issues and the concerns teachers have in dealing with ELLs and ELLs with disabilities, the challenges of identifying individuals with learning disabilities, and what type of assessments classify English Language Learners as having a learning disability.
Reid, Herbert O. “The Supreme Court Decision and Interpretation.” The Journal of Negro Education 25.2 (1956): 109-117.
On May 17, 1954, in the Supreme Court case of Brown v. Board of Education, the High Court, for the first time in American legal history, challenged the “separate but equal” doctrine previously established in Plessy v. Ferguson (1896) and outlawed racial segregation in public schools. The decision, igniting fierce debates throughout the country, was met with violence and strong defiance in the South. The years after Brown, however, saw the passing of several important Acts: the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. Today, Americans remember Brown v. Board of Education as a success in African Americans’ struggle for equal rights, a change of sea tide for the civil rights movement. While Brown deserves its place in American History Books, its direct product – desegregation – is not the ultimate solution to the education for African Americans. Desegregation only amends the system of education. America has to reassess the word “education,” for black Americans and other minority groups to achieve a real equal education.
...roughout his autobiography, Rodriguez illustrates the problematic conditions revolving around bilingual education programs and affirmative action, pointing out that both policies tend to negate their intentions. Rodriguez scathingly criticizes both programs correctly identifying the first as an obstacle to what he sees as the keys to success in America--a solid education and learning to speak and write English well--and the second as promoting socially crippling labels--"disadvantaged minority." Through countless arguments that a bilingual program hinders English and non-English students' education and that affirmative action accommodates only "privileged" minority students rather than the students most in need, Rodriguez's life story, Hunger of Memory, serves as a political publication meant to raise concern for the function of government in the education system.
America’s educational system is home to an increasing number of English language learners. Some research indicates that by the year 2030, over 40% of elementary and secondary students served by schools in the United States will come from homes where a language other than English is spoken (Thomas & Collier, 2001). In an effort to accommodate these students, the United States has adopted policies at both the federal and state levels. Generally, the direction taken to meet the needs of English language learners has depended on the climate of the nation. During times of peace and prosperity, policies reflect the nation’s tolerance of other languages and cultures. However, during times of war or conflict, policies have reflected intolerance or fear of anything deemed “un-American.”
“IT IS NO ACCIDENT that the pivotal Supreme Court decision launching the modern civil rights movement was an education case -- the 1954 Brown v. Board of Education of Topeka ruling. IN MANY WAYS, the drive to end segregated education and to put African American and white children in the same classrooms was the most radical and potentially far-reaching aspect of the civil rights movement” (ww.civil rights.com). And since this time the faces of the classroom have changed and been redefined. Students of all races, language backgrounds and learning abilities create a classroom of learners like never before. But, often the impact of the 1954 ruling was questioned because many wondered were all students in a better position now? It wasn’t until 2002 under NCLB that schools now mandated all schools must prove that infact all students were offered the same education. “Under the 2002 law, states are required to test students in reading and math in grades 3–8 and once in high school. All students are expected to meet or exceed state standards in reading and math by 2014” (www.k12.com). Unfortunately,
(1) On May 17th, 1954, the Supreme Court made a decision that would mark a defining moment in the history of the United States. This decision declared “separate but equal” unconstitutional. It was ultimately unanimous, and occurred after a long, sought out campaign to convince all nine justices to overturn the “separate but equal” doctrine that had been sanctioned in the infamous 1896 Plessy v. Ferguson case. The legal path paved in various aspects of racial discrimination in public life has been the equal protection clause of the Fourteenth Amendment. Section I states “no State shall . . . deny to any person within its jurisdiction the equal protection of the laws” (Schimmel, Stellman and Fischer 312) At one point in time, it was determined actions by public officials and employees are state actions because public schools are state institutions. This is where Plessy v. Ferguson established separate but equal facilities meet the clause of the amendment. Between the two major cases in 1896 and 1954, there have been a number of lawsuits challenging the separate but equal principle. This case being discussed as the first influential case in the history of education in the United States is Brown vs. Board of Education. Brown was not the only case to push for a change, but rather one of five lawsuits against school districts. Because of the successful lawsuits challenging the doctrine in graduate and professional schools, it was possible for these other cases to step forward. In this case, the court recognized what important function of state and local governments education had become. They realized how education is the foundation on which good citizenship lies. Rejecting Plessy v. Ferguson, the Court determined “separate but equal” he...
The reauthorization of 1994 involved the Bilingual Education Act (BEA) or Title VII. This reauthorization promoted the goal of bilingualism or being able to communicate in two different languages for English language learners rather than simply transition to English. Therefore, the advocates for native instruction made strong solid progress with the 1994 reauthorization of the BEA which acknowledges minority language students’ capacity for academic excellence while at the same time encouraging and promoting the benefits of multilingualism (“Bilingual History,” 2010). However, the BEA ended in 2001. Therefore, Title VII was replaced by Title III.
...i, Jamal, and Ron Dietel. "Challenges in the No Child Left Behind Act for English-Language." Weber.edu. Phi Delta Kappan, June 2004. Web. 4 Mar. 2014.
During the 1930s, Chicano parents, who suffered from Mexican revolution and hard labor, had hope for their America-born children to get the best education possible only to be obstructed by anti-Mexican Anglos that wanted a separate school for children of indigenous background. This issue was addressed in southern California within the Lemon Grove community. The Lemon Grove School District’s reason was that almost half of the students enrolled were Mexican descendant became a threat and claims that Chicano students were handicaps for Anglo students. A secretary of the Lemon Grove parent teacher association, Ms. Mandy claimed, “Overcrowding in the present classrooms, Mexican children are deficient in knowledge of the English Language, causing their classmates to learn at a much slower rate and a separate school would improve morals” (Espinosa)...
Board of Education court case and the enactment of the fourteenth amendment? The problem doesn’t solely lie on a system failure but also on the misconstrued ideas and beliefs that are inculcated in the minds of individuals since childhood. The system methodically segregates minorities into specific cities and regions, majority of which are impoverished neighborhoods. (Kornblum & Julian) This method interferes with the possibility of children coexisting amongst different races and ethnicities harmoniously, but instead reinforces the idea that whites are superior to others. Children are taught to fear blacks, because of the common stereotype of blacks being a dangerous underclass. And while whites enjoy superior education, minorities are left with underfunded, underachieving, poor schools, ensuring that they remain in poverty. In fact, research has proven that people of color were two (2) to three (3) more likely to inhabit in neighborhoods with commercial landfills that release toxic waste, severely affecting their health
In class, we read the official Supreme Court documents associated with the case Gratz v. Bollinger, including the consenting and dissenting opinions of the court. The case explores the role of Affirmative Action in college admission at the University of Michigan. Essentially, the University of Michigan was awarding a certain number of points to each applicant to their school. During their admissions processes, they would add a certain amount of points to an applicant if the applicant was from an underrepresented ethnic group. The Center for Individual Rights contacted two white students who had been denied from the college and brought their case to court, where they sued the University for racial discrimination. Ultimately, because of a technicality, the plaintiff lacked standing.
America, a country built on immigration dating back to the early 1600s Mayflower voyage, continues to thrive as a melting pot full of various cultures and ethnics. In the past, many immigrants came to America due to the offered freedoms and equality, yet today, many naturalized citizens suffer with injustices, including with educational practices. The use of bilingual education, which is teaching students in both English and their native language, has become a controversial topic. In 1968, the Bilingual Education Act, which recognized and offered education to students who were lacking English, was passed, yet the topic still seems questionable to some. Bilingual education provides a variety of beneficial attributes to equally help foreigners