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We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
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14th Amendment (1868)- “no…state [shall] deprive any person of life, liberty, or property…or deny any person …the equal protection of the laws”
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“The protection of the Constitution extends to all, to those who speak other languages as well as to those born with English on the tongue”
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outlaws discrimination in federally funded programs
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provides school districts with federal funds, in the form of competitive grants, to establish innovative educational programs for students with limited English speaking ability
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a student may not be denied equal access to basic subject instruction because of limited English proficiency
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Established the criteria by which a school system’s bilingual program is deemed appropriate:
-Is the program based on sound educational theory
-Does it provide adequate resources and personnel to effectively implement the educational theory
-Does the School system adequately monitors the effectiveness of the program and takes appropriate actions to modify the program -
Aliens, even aliens whose presence in this country is unlawful, have long been recognized as ‘persons’
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English Language in Public Schools Statute
-- requires (1) LEP students should move from special classes to regular classes when they have acquired a good working knowledge of English (2) these special classes should not normally last longer than one year
-- Proposition 58 (2016) - California Non-English Languages Allowed in Public Education Act was approved and repealed much of Prop 227 -
'English for the Children'
-- limited the type of instruction available to English language learner (ELL) students and mandated that ELLs should be educated in immersion programs during a temporary transition period "not normally intended to exceed one year” -
NCLB
-- requires all states to identify English learners, measure their English proficiency, and include them in state testing programs that assess academic skills and States are also required to establish statewide English proficiency standards and assess each ELL with a statewide English proficiency assessment that reflects these standards -
META: Multicultural Education, Training and Advocacy
I- Identification and Assessment; II- Equal Access to Appropriate Programming; III- Equal Access to Appropriate Categorical and Other Programs for ELL Students; IV- Personnel; V - Monitoring Issues; VI - Outcome Measures -
DACA
-- Individuals who have deferred action status can apply for employment authorization and are in the U.S. under color of law, unfortunately it can be revoked at any time; No definite path to permanent citizenship, must be renewed after 2 years -
Revised focus from the NCLB act
-- Requires—for the first time—that all students in America be taught to high academic standards that will prepare them to succeed in college and careers; accountability and aciton on low-performing schools -
Has not passed yet...
Development, Relief, and Education for Alien Minors
-- is an American legislative proposal for a multi-phase process for illegal immigrants in the United States that would first grant conditional residency and upon meeting further qualifications and permanent residency