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Equal Protection Clause of the 14th Amendment (1868)

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Equal Protection Clause of the 14th Amendment (1868)

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The 14th Amendment, ratified in 1868 during Reconstruction, extended civil liberties and rights stated in the Bill of Rights to formally enslaved people. Under this amendment, the Equal Protection clause stated that states could not deny or treat those within their boundaries differently under similar circumstances.

Reflective of the legislation passed during this time period, there was an increase in demand for literacy from formally enslaved people. As a result of this demand, a strong portion of black students could read and write by the 19th century.

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In 1954, the Supreme Court ruled, unanimously in the Brown v. Board of Education case, that racial segregation in public schools was unconstitutional and violated the 14th amendment. The ruling on this case came with overwhelming benefits for CLD students; it opened opportunities for inclusion. Furthermore, Brown v. Board of Education elevated awareness of racial inequalities during the beginning of the Civil Rights Movement.

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National Defense of Education Act (1958)

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National Defense of Education Act (1958)

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The National Defense of Education Act (NDEA) was passed in 1958, after a strong public demand to provide federal aid for higher education. This was successful, as it provided a substation fund for low-cost student loans; which, as a result, increased the number of students enrolling in college.

Though this act was not directed at Culturally & Linguistically Diverse Learners, I believe it provided a change of thinking in the discourse of education, which in turn, would benefit those students mentioned. In the years after its enactment, the bill continued to expand, where one of the subjects of focus was foreign languages. Prior, CLD students were given a "sink or swim" approach; with the NDEA being implemented, educators could see a different perspective towards language development.

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The Civil Rights Act of 1964 prohibited discrimination based on race, sex, color, religion, or national origin. This legislation directly resulted in a strike down of "Jim-Crow" era laws. The Civil Rights Act impacted CLD students directly; it took equality a step further within the classroom. Under Title IV of this act, public educational institutions could not discriminate on same basis described above as well. However, though affected, the stronger, greater impact for Multilingual Learners would come later.

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Title VII of the Elementary and Secondary Education Act (1968), also know as The Bilingual Education Act, established a federal policy for bilingual education in the United States. This policy was the first of its kind; before, the educational approach for Multilingual Learners (ML) was to completely immerse students into English spoken class and hope that they succeed.

Once the act was implemented, there funding for developing programs and resources as well as training staff, which allowed a new entry point into learning for multilingual students.

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Equal Educational Opportunities Act (1974)

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Equal Educational Opportunities Act (1974)

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The Equal Educational Opportunities Act (EEOA), went into law in 1974 and stated that faculty, staff, and students could not be discriminated against based on race, color, sex, or national origin. Further, this law stated that public schools must overcome barriers of entry and provide appropriate supplemental material to multilingual students in order to achieve equal opportunities.

When considering education today, this law set forth in motion the idea differentiation for multilingual leaners that can be seen today in education. The influence of the EEOA can be seen heavily in teacher education and within specialty areas, as the importance of differentiation becomes more and more solidified as a foundation of modern education.

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In 1974, the Supreme Court voted unanimously in the case of Lau v. Nicols that schools receiving federal funds must provide non-English-speaking learners with  instruction in English in order to provide equal opportunity in education. This case came after Chinese students in San Fransisco Unified School District were disproportionately being given opportunities to receive supplemental classes in English.

This case further affirmed the Bilingual Education Act and established the precedence public education institutes hold today. Specifically, this can be seen with the implementation of varying proficiencies (FEP, LEP, and, NEP), as well as continual support and monitoring while in supplemental classes in English as well as when students exit the program as well.

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Castañeda v. Pickard originated in Raymondville, Texas where it was ruled that the school district was failing to meet the needs of Multilingual Learners to the standards of the Equal Education Opportunity Act (1974). As a result, the Castañeda Standard was created to determine whether or not schools are addressing the needs of ML's.

The Castañeda Standard stated that practice must be rooted in theory, implemented with appropriate resources and personnel, who are evaluated to determine their effectiveness. The standard influenced not only how effective a multilingual program is, it also influenced how all teachers, regardless of content, are evaluated.

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Plyler v. Doe was a landmark case, decided in 1982, which states that undocumented students are entitled to a free, public education. In Texas, where the issue arose, districts had two options: educate the students with no extra funding for resources, or exclude the students entirely. Ultimately, it was found that this was a violation of the Equal Protection Clause of the 14th Amendment.

Additionally, this case set forth major opportunities for CLD and multilingual students. The court recognized that though the students did not have citizenship, it was important to continue the precedence that all students deserve a equal education, regardless of national origin.

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The Elementary and Secondary Education Act (ESEA), was signed in 1965, and provided federal funding for public elementary and secondary school; grants for low-income serving districts, books, special-education centers; and scholarships for low-income students.

Signed in 2015, Every Student Succeeds Act (ESSA) was a reauthorization of the ESEA and a renewal of commitment to equal opportunities in education for all students. The ESSA went further, calling for advancements in equity for students.  The impact of this law can be seen within licensure requirements and the expansion of education departments to offer CLD courses to all students, and not just those who specialize in the subject area.