Legal and Ethical Issues for English Language Learners by Savali Sasa https://padlet.com/ssasa2/of2680gxx55bd7t7 en-us 2022-07-22 04:17:36 UTC 2025-08-10 13:49:59 UTC hello@padlet.com Step 1: My Professional Perspective ssasa2 https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004019 Current data estimates that 15% of Texas students in Kindergarten - 12th grade are from legal and undocumented immigrant families.  These linguistically and culturally diverse students require specialized pedagogical practices to learn effectively in their non-dominant language.  An English language learner (ELL) myself, I often received an inferior education due to educators who were either biased or ignorant of best practices for ELL students. As a future school counselor, I am charged by The Texas Model for Comprehensive School Counseling to understand differences "including those related to cultural background, gender, ethnicity, and learning styles" (Texas Education Agency, 2018, p. 28).  I will consult with and train educators and all stakeholders to ensure that legal and ethical policies related to ELLs are implemented with fidelity so that ELL students can receive the same high quality education that monolithic students receive.]]> 2022-07-22 04:28:15 UTC https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004019 Step 2: Interview ssasa2 https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004109
1) English Language Learners are an ever-growing subpopulation within public education with unique social/emotional and academic needs. There are legal requirement and compliance issues that can affect the teacher's certification or cause litigation against an employing school district if not followed.  Students cannot be discriminated against based on several protected classes such as race and national origin. It is imperative that educators are aware of the limitations of this law as not only a legal obligation, but an ethical one as well (Civil Rights Act of 1964 § 7, 42 U.S.C. § 2000e et seq).

2) Best practices:
  • Provide instructional accommodations for ELL students such as pre-teaching academic vocabulary.
  • Use culturally-inclusive literature and practices to prevent isolation for ELLs.
  • Modify pacing for ELLs as needed (e.g. increase wait time during questioning).

3) An emerging issue related to the education of ELLs is how the pandemic disproportionately affected the ELL subgroup.  ELLs as a whole had inadequate access to technology and adult support of their education.  In addition, online learning provided fewer opportunities for modified instruction.  As a result, the educational gap between ELLs and their monolithic peers widened.

4)  I interviewed Elizabeth McIntyre, an English Language Learner teacher at Clarke Elementary with two Master's Degrees: one in Educational Leadership and another in Special Education.  In our conversations, we learned that we were both bilingual and ELL certified. I asked Ms. McIntyre to share some insight into inequities she observed in the education of ELL students compared to mainstream students in public schools and actionable corrective steps that educational stakeholders can take.
]]> 2022-07-22 04:28:25 UTC https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004109 Step #3: Professional Association ssasa2 https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004230 The National Education Association (NEA) has a downloadable guide that informs effective advocacy steps for ELLs.  The guide summarizes ELL students' rights, provides educator training and preparation lessons, and tips to increase family involvement. There is also a register of ELL-based organizations, community-based organizations, and groups who advocate for immigrants' rights.

Reference: National Education Association. (2015). All in! How educators can advocate for English language learners. The National Education Agency. file:///Users/siaosis24/Downloads/All%20In!%20How%20Educators%20Can%20Advocate%20for%20English%20Language%20Learners.pdf]]> 2022-07-22 04:28:38 UTC https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004230 Step 4: Current News Article ssasa2 https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004458 Arizona, California, and Massachusetts - who educate about 40% of national ELL students - enacted English-only educational laws 15 years ago to essentially outlaw bilingual education. Those laws have since been repealed in California and Massachusetts, with Arizona as the remaining stalemate, but Proposition 203 has been introduced to repeal it there as well.  The repeal of these laws exemplify a cultural shift in education to embrace culturally-inclusive practices and bilingualism in public education.

Reference: Corey, M. (2019, October 23). English-Only laws in education on verge of extinction. EducationWeek. https://www.edweek.org/teaching-learning/english-only-laws-in-education-on-verge-of-extinction/2019/10


]]> 2022-07-22 04:28:58 UTC https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004458 Step 5: Current News Article ssasa2 https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004680 In measuring different variables for state and federal reports, schools are studying the direct correlation between school attendance and students' educational outcomes.  ELL students have the highest rates of chronic absenteeism and their academic success is impacted accordingly.  Educators and legislators are advocating for policy shifts in the monitoring of school attendance to target chronic absenteeism and truancy amongst all subgroups, especially ELL students.

Reference: Garcia, E., & Weiss, E. (2018, September 25). Missing school hurts academic performance: English language learners and Native American students the most likely to be chronically absent. Economic Policy Institute. https://www.epi.org/press/missing-school-hurts-academic-performance-english-language-learners-and-native-american-students-the-most-likely-to-be-chronically-absent/



]]> 2022-07-22 04:29:16 UTC https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004680 Step 6: Constitutional Law ssasa2 https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004903 U.S. Const. amend. XIV of 1868 states that "no state shall... deny any person within its jurisdiction the equal protection of the laws." The equal protections afforded by this amendment extend to all U.S. citizens, including English language learners. This law laid the groundwork for nondiscrimination, equal opportunities within the educational field, and fair treatment for all students.

Reference: U.S. Const. amend. XIV.

]]> 2022-07-22 04:29:40 UTC https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004903 Step 7: Judicial Law ssasa2 https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004991 Federal Judicial Law:
In Lau v. Nichols, of Chinese-speaking students litigated the city of San Francisco’s school system for requiring their children to speak English in order to graduate while failing to provide instructional accommodations to master the English language. This case established a judicial mandate for educational accommodations for English mastery (Lau v. Nichols, 1974).  Additionally, these schools used federal funds to provide unequal services to ELL students.  As a result of this case, procedures were established to ensure the creation of quality educational programs for ELL students.  Click here for Lau v. Nichols case law.

State Judicial Law:
In Serna v. Portales, Mexican-American parents brought a class action lawsuit against their school district for failing to provide an education for their ELL children. ELL students have a right to receive an education in their primary language. This case laid the foundation for bilingual programs in public schools.
Click here her Serna v. Portales case law.

References:
Lau v. Nichols, 414 U.S. 563 (1974).
Serna v. Portales Municipal Schools, 351 D.N.M. 1279 (1974).]]> 2022-07-22 04:29:50 UTC https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248004991 Step 8: Statutory Law ssasa2 https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248005648 Federal Statutory Law:
The Equal Educational Opportunities Act (1974) required state departments of education and local school districts to enact policies that provide quality educational opportunities to ELL students.  This law also remove barriers that prevent English language learners from participating in school programs. Click here for full text for the Equal Educational Opportunities Act.
  • Set uniform standard for judicial review of cases alleging educational inequality.
  • Required transportation reforms for integrated schools.
  • Schools must provide equal educational opportunities for students regardless of race, color, gender, or nationality.

State Statutory Law:
The Bilingual Education and Special Language Programs Act (2021), lays out Texas' ELL obligations for the public school students.
  • Bilingual education must be provided for elementary aged students.  Bilingual or ELL interventions must be provided for Middle School Students, and ELL intervention services must be provided for high school aged students.
  • If a district does not provide ELL educational programs, they must file documentation with the state for an exception due to teacher shortage, confirming their affirmative action hiring policies, and a plan to fix their deficiencies within 12 months.

References:
Equal Education Opportunities Act of 1974, 20 U.S.C. § 1701.
Texas Education Code, 2. Tex. Edu. Code § 29.053 (2021). https://statutes.capitol.texas.gov/Docs/ED/htm/ED.29.htm#29.053

]]> 2022-07-22 04:30:08 UTC https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248005648 Step 9: Administrative Law ssasa2 https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248005819 Federal Level:
The U.S. Department of Education's Office (USDOE) for Civil Rights in partnership with the U.S. Department of Justice's Civil Rights Division (CRD) issued a Dear Colleague letter with guidance about the responsibilities of public schools who receive federal funds toward ELLs and their parents.  Schools must:
  • Comply with Title VI, non-discriminatory laws.
  • Use a research-based curriculum
  • Submit to fiscal oversight by the USDOE.
  • Integrate ELL students into mainstream classrooms in compliance with established timelines.
  • Provide effective parent communication in the parents' primary language.

Reference:
U.S. Department of Education & U.S. Department of Justice. (2015, January 7). Dear colleague letter: English learner students and limited English proficient parents. https://www2.ed.gov/about/offices/list/ocr/letters/colleague-el-201501.pdf

]]> 2022-07-22 04:30:22 UTC https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248005819 Step 10: Local Administrative Law/Policy/Rule ssasa2 https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248006264 The Killeen Independent School District amended the  Bilingual/ESL handbook in 2018 (Killeen ISD, 2018, p. 21). This handbook revision was a result of the Every Child Succeeds Act (2001).  The new policy allotted funding to attend workshops for ELLs and paid for all classroom teachers to get an ELL certification through the Texas Education Agency.  This update represents a shift in local policy and a new emphasis on making English Language Learner instruction a standard expectation and a high quality education accessible to all ELLs. .

Reference:
Every Student Succeeds Act of 2015, 20 U.S.C. § 6301.

Killeen Independent School District (2018).  Killeen Independent School District Career 2018-2019 Bilingual/ESL Handbook, p. 21. https://killeenisd.org/webdata/DocumentViewer/2017-18bilingualeslhandbook.pdf]]> 2022-07-22 04:31:17 UTC https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248006264 Step 11: Ethical Principle ssasa2 https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248006332
The American School Counselor Association's (2016) ethical standard A.10 focuses on marginalized student populations, including ELL students. School counselors are charged with advocating for educational environments that are "equitable" and provide "resources needed to optimize and support academic, career, and social/emotional development" (ASCA, 2016, p.5). School counselors are also charged with using "constructive, two-way communication" with the parents in their "preferred language" (ASCA, 2016, p.5, A.10).

Reference:
American School Counselor Association. (2016). ASCA Ethical standards for school counselors.
https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf 
 
]]> 2022-07-22 04:31:28 UTC https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248006332 Step 12: Personal Connection to the Legal and Ethical Standards ssasa2 https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248006483 By learning about the judicial cases, such as Lau v. Nichols (1974), I learned about ELL students' rights to quality educational programs.  The Equal Educational Opportunities Act (1974) taught me about the barriers that ELL students faced and our legal responsibility to remove them.  The ASCA Ethical Standards creates a uniform expectation for me as a school counselor to advocate for my ELL students.
As someone who learned English in elementary school, I am a testament to the importance of having a sound curriculum and specially-trained teachers. I am grateful for the protections established by the courts and administrative and statutory laws. In addition, I am inspired to advocate for marginalized populations, including ELL students in my future role as a school counselor.]]> 2022-07-22 04:31:51 UTC https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248006483 Step 13: List of Recommendations/Best Practices ssasa2 https://padlet.com/ssasa2/of2680gxx55bd7t7/wish/2248006583
  • It is illegal to discriminate against students based on protected classes, including their nationality and primary language.
  • Schools accepting federal funds must use a research-based curriculum with proven results.
  • Use culturally-sensitive and inclusive teaching practices to  affirm English Language Learners' identities and confidence.
  • Use the least restrictive environment and assimilate English Language Learners as much as possible to prevent demoralization.
  • Communicate with parents in their preferred language, utilizing translators or translation services if needed for oral, written, and online communication.
  • Classroom teachers require specialized training and professional development in order to effectively serve English Language Learner students.
  • From an ethical stance, school counselors must advocate for equitable learning environments for marginalized subgroups like ELL students.

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