Legal and Ethical Guide for English Language Learning programs by Cesar Marquez https://padlet.com/cmarquez81/hverkenep96ujyo0 Presented for educators, school counselors, and school administrators en-us 2022-09-29 17:55:26 UTC 2025-05-04 08:25:00 UTC hello@padlet.com https://padlet.net/icons/png/1f3eb.png #1 Professional Perspective cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319874892 I am Cesar Marquez and have a professional perspective with 11 years as an educator. I am currently a high school counseling intern. The intended audience for this guide are stakeholders in education such as school counselors, teachers, administrators, English Language Learner (ELL) students, and parents. I chose the topic of English Language Learners because it is significantly relevant and pertinent to the west Texas borderland region I live and work in. This is a prominent topic that aligns with the current surge of migrants in all border towns in the US in states of Texas, Arizona, California.]]> 2022-09-29 17:58:05 UTC https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319874892 #2 Interview of an adult English as a Secondary Language (ESL) instructor cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319971565 1) Why the Legal Guide topic is important in your field of education? It is important because adults need to learn to English to better themselves. The laws protect their privacy and security. It is important to teach them for them to reach their goals to be integrated into society (C. Fierro, personal communication, September 26, 2022).

2) What are best practices related to English Language Learners? Three best practices are authentic learning through real-life situations, language immersion, and sentence dictation (C. Fierro, personal communication, September 26, 2022). 

3) What is an emerging issue related to your topic that educators should watch to see how it plays out and impacts your work? I do not focus on one single issue. I am always paying attention to the news regarding the surge of migrants in this area of El Paso, TX. I attend professional developments for the compliance and best practices of ELL education practices (C. Fierro, personal communication, September 26, 2022). 

4) Who I interviewed: Corina Fierro, Adult ESL instructor at the Canutillo Family Literacy Program in association with Borderplex and the Texas Workforce Commission.
https://tcall.tamu.edu/detail.aspx?provider_id=105 

5) Are there legal requirements or compliance issues you regularly monitor or have to be attentive to in this area? If a student is 16 years old they  has to be mandated to take GED classes. If they're 17-18 it has to court-ordered. 19 and up is voluntary (C. Fierro, personal communication, September 26, 2022). 

6) Are there certain student or employee rights that relate to this issue? The students right to education t regardless of their national origin without a social security card. We do require ID and a U.S. address (C. Fierro, personal communication, September 26, 2022).   

7) Have you attended or provided any trainings recently on this topic, what? I have attended FMLA trainings regarding student information privacy (C. Fierro, personal communication, September 26, 2022). 

8) How do you stay current on this topic? My boss updates me if there's any legal changes that affect the students or our jobs (C. Fierro, personal communication, September 26, 2022). 
]]> 2022-09-29 19:07:06 UTC https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319971565 #3 School counselor professional association related to ELLs cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319971883 School counselors can support ELL students with opportunities, people, and resources to ease their transition into a school through (Bell, 2019):
  • proper course placement
  • extracurricular activities
  • pairing EL students with a student representative who is fluent in the EL student's language of origin
  • ensure that students that are both special education and english language support services receive both distinctly
  • small group support for positive school adaptation (Bell, 2019).


]]> 2022-09-29 19:07:24 UTC https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319971883 #4 Current news article cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319974413 The following are some of the challenges that ELL students face everyday in public schools throughout the country:
  • Learning the language without a goal
Most of these students are not passionate about learning the language (Korneev, 2020).
  • Bored by traditional methods
Students need to find a medium they are interested in to learn the language (Korneev, 2020).
  • Feelings of embarrassment
Students may feel embarrassed because they may pronounce words incorrectly in front of native speakers and it can be difficult and overwhelming (Korneev, 2020).
  • Not enough time
Some students may feel there is not enough time to study and learn a new language.
  • Lack of interaction with naive speakers (Korneev, 2020).
Students may have difficulty finding a partner to practice English with and do not spend enough time interacting with native English speakers (Korneev, 2020).

]]> 2022-09-29 19:09:31 UTC https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319974413 #5 Current news article cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319975603 Providence public schools provided ELLs with fewer services than the law requires. 
  • Three parents of ELL students sued the school district for providing little to no instruction from an English as Second Language teacher (Borg, 2022).
  • The teachers in question were teaching an antiquated model of ESL instruction (Borg, 2022).
  • The teachers are incompetent despite a 100 continuing education (Borg, 2022)
  • Parents of English learners with disabilities had to choose between their child choosing ELL and disability services (Borg, 2022). 
]]> 2022-09-29 19:10:34 UTC https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319975603 #6 Constitutional law pertinent to ELLs cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319978489 The fourteenth amendment is constitutional law.
U.S. Const. amend. XIV.
  • The 14th amendment states that "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" (U.S. Const. amend. XIV, § 1).



]]> 2022-09-29 19:12:57 UTC https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319978489 #7 Administrative law pertinent to ELLs cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319987335 The English Language Acquisition Language Enhancement and Academic Achievement Act is an administrative law.

English Language Acquisition, Language Enhancement, and Academic Achievement Act, 20 USC § 6811(a).

  • Ensures that English Language Learners and immigrant children attain English proficiency in schools (20 USC § 6812(a)).
  • Assists schools in enhancing their instructional programs for schools (20 USC § 6812(a)). 
  • Promotes parental, family, and community participation in language instruction programs for EL parents, families, and community members (20 USC § 6812(a)).
]]> 2022-09-29 19:20:34 UTC https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319987335 #8 Judicial law pertinent to ELLs cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319989225 Plyler v. Doe, 1982 is a judicial law.
  • The Supreme Court ruled that 1982 Plyler v. Doe states cannot deny students a free public education on account of their immigration status (Plyler v. Doe, 1982).
  • Schools that collect information about students immigration status is bad policy and unconstitutional (American Immigration Council, 2016). 
  • The court ruled justified that denying immigrants education is denying them contribution to the progress of the United States of America (American Immigration Council, 2016).
]]> 2022-09-29 19:22:22 UTC https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319989225 #9 Statutory law pertinent to ELLs cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319992455 The Equal Educational Opportunities Act is a statutory law. Equal Educational Opportunities Act, 20 USC § 1701-1758.
  • Entitles all children to equal educational opportunities regardless of race, color, sex, or national origin (20 USC § 1701(a)).
  • Prohibits discrimination against students. It also requires school districts and states’ departments of education to take action to ensure equal participation for everyone, including removing language barriers for ELL students (20 USC § 1703).
  • Educational agencies must take appropriate action to overcome language barriers that impede educational equality (20 USC § 1703(f)).
]]> 2022-09-29 19:25:20 UTC https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319992455 #10 Local administrative policy for ELLs cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319994687 El Paso Independent School District (EPISD) states that "English Language Development and Acquisition (ELDA) is designed to provide instructional opportunities for secondary recent immigrant students with little or no English proficiency" (EPISD, 2022, para. 1).

The program enables students to become more proficient in listening, speaking, reading, and writing. EPISD states that the program "addresses cognitive, linguistic, and affective needs in compliance with federal requirements and the provisions of Chapter 89, Subchapter BB, of this title (relating to Commissioner's Rules Concerning State Plan for Educating English Language Learners) under the Texas Education Code, §§29.051-29.064" (EPISD, 2022, para. 1).]]> 2022-09-29 19:27:25 UTC https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319994687 #11 Ethical principle cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319996032 A.13, f. Provide interpretation of the nature, purposes, results and potential impact of assessment/evaluation measures in language the students and parents/guardians can understand (ASCA Ethical Standards for School Counselors, 2016).

This ethical standard directs school counselors to communicate assessment and evaluation to parents in comprehensible language.  This is pertinent to ELLs because parents are stakeholders in their child's education and have a right to know how, when, and why their children are being tested and evaluated.]]> 2022-09-29 19:28:38 UTC https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2319996032 #12 Personal and legal connection to ethical and legal standards cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2320014045 The laws pertinent to ELLs help me understand the history of how this marginalized population is educated in this country. I learned that "sink or swim" was not viable for ELLs and that they require extra accommodations to attain equality with their English speaking counterparts. 

I have been around ELL students and policies throughout most of my personal and professional education journeys. I was not put into bilingual education or ESL courses as an K-12 student as I went to a low-income Catholic school in the 90s and these education options were not available at that particular school at that time. I grew up with Spanish-speaking students and I learned how to speak English through television and interaction with my brothers and friends in a "sink or swim" style. 

I believe these laws are just and align with the 14th amendment. I have been a teacher for eleven years in Texas, mostly in the El Paso borderland region. I have taught bilingual education in elementary and been a substitute in ESL courses. The substitution experience at an ESL course opened my eyes to how limited English proficient some of these students are. Their English writing and speaking ability was low and I appreciate the ESL instructor's role and responsibilities in a new light. These students come straight from Juarez, Mexico and barely speak a word of English. This teacher has these students for longer periods of time to provide accommodations for their English development and skills acquisition. I am in awe of the instructor's role and commend ESL teachers for undertaking the responsibility of teaching these Spanish-speaking students to be able to take classes in an American school. I also noticed how most of these students were not fully acclimated to American schools.

I will continue to learn and acquire knowledge relating to best practices and laws to stay compliant for the development of all ELL students. I will advocate for equal education and remain knowledgeable of laws and policies that protect ELL students through adherence and compliance of legal and ethical standards as a school counselor.]]> 2022-09-29 19:46:15 UTC https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2320014045 #13 Best practices for compliance cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2320016253 Obligations that schools have to their EL students:

  • identify and assess EL students in a timely manner (Sugarman, 2019).
  • sufficiently staff and support program (Sugarman, 2019).
  • avoid unnecessary separation of EL students from the general population (Sugarman, 2019).
  • ensure meaningful communication with EL parents (Sugarman, 2019).
  • EL students have a right to all activities such as sports, advanced courses, extracurricular activities, clubs, etc. (Sugarman, 2019).
  • meet needs of EL students who opt out of ELL programs and services (Sugarman, 2019).
]]> 2022-09-29 19:48:27 UTC https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2320016253 References cmarquez81 https://padlet.com/cmarquez81/hverkenep96ujyo0/wish/2320018154
American Immigration Council (2016). Public education for immigrant students: understanding Plyler v. Doe. https://www.americanimmigrationcouncil.org/research/plyler-v-doe-public-education-immigrant-students

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

Bell, H. (2019, October). How school counselors can support English learners. North Carolina School Counselor Association. https://www.schoolcounselor.org/Newsletters/November-2019/How-School-Counselors-Can-Support-English-Learners?st=NC

Borg, L. (2022, June 16). Rhode Island violated rights of English language learners in Providence, judge finds. The Providence Journal. https://www.providencejournal.com/story/news/education/2022/06/16/superior-court-judge-found-providence-failed-english-language-learners/7645677001/

El Paso Independent School District (2022). English for speakers of other languages (ELDA & ESOL) - High school. EPISD, para. 1-6. https://www.episd.org/Page/688

English Language Acquisition, Language Enhancement, and Academic Achievement Act, 20 USC § 6811-6812(a).

Equal Educational Opportunities Act of 1974, 20 USC § 1701-1758.

Korneev, M. (2020, December 28). The 5 most common challges ESL learners face (and how to solve them). ELearning Inside. https://news.elearninginside.com/the-5-most-common-challenges-esl-learners-face-and-how-to-solve-them/ 

Plyler v. Doe, 457 U.S. 202, (1982).

Sugarman, J. (2019). Legal protections for K-12 English learner and immigrant-background students. Migration Policy Institute, 3. https://www.migrationpolicy.org/sites/default/files/publications/EL-Insight_Legal-Framwork_Final.pdf 

U.S. Const. amend. XIV



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