Equal Protection for K-12 Students- Classification Based on English Language Learners

Equal Protection for K-12 Students- Classification Based on English Language Learners

English Language Learners (ELLs) are students whose English proficiency is below the required standard. They are learners who English is not primarily their first language; hence, they learn it as the second language. Classification of these students depends on the proficiency level they attain after doing an English test. Each year in America, a test is administered to students, and those who achieve a lower grade in the test are considered not proficient (Lopez et al., 2016. Therefore, the test is the first classification tool that identifies ELL students.

Besides the test, some states combine several factors to classify students. One of them is performance on certain areas of the test. There are areas in the trial that could assess the understanding of a learner. Another criterion is the input that parents or guardians put on the learner’s learning. Thirdly, evaluations of class performance are another criteria that classify ELL students (Abedi, 2008. Some could perform well in class and fail in the test or vice versa. Another criterion is the student’s interview on their English skills. All these are criteria used to classify ELL students. However, each state uses different criteria as they have the power to choose.

There are some legal issues that the classifications present. The first one is discrimination against students based on origin. Most of the ELL students are immigrants into the United States. Due to this, the classification could bring a legal issue where learners are discriminated against based on their origin. For example, parents are asked to produce a certificate from the immigration office and the child’s birth certificate before enrollment. Also, children may miss an enrollment based on their immigration status. An example of a case happened in March 2004 when Rhinebeck central school was accused of discriminating against ELL students through sexual harassment (U.S. Department of Justice, 2021).  Another legal issue surrounding classification is the test that determines a learner’s proficiency level. What determines the proficiency level varies across districts, resulting in unstandardized proficiency levels that leave students without enough skills.

The equal protection policy has several requirements for ELL. Firstly, each school should ensure the ELL students have access to educational opportunities that other students get. It means that they should not be discriminated against in any way. They should also have access to further educational opportunities despite their language problems. These could be opportunities that may require English knowledge. For example, English contests or symposiums with other schools. Even if they are not proficient in English, attending an English symposium could increase their proficiency. This protection is supported by a Supreme Court case where the San Francisco school system violated the law of equal opportunity (“Guiding federal court cases on equal educational opportunity,” 2019).

Secondly, equal protection requires schools to adapt their programs in a way that accommodates the ELL. ELLs may require special facilities to accommodate their understanding of English. One of them is adapting the classrooms’ programs. For example, reading work can be reduced to give time for learning the English language. If they are overloaded with a lot of readings, they may not understand anything during English lessons. Also, when the ELLs are assigned some tasks, they could be provided with bilingual versions or translations to the language they understand. This enhances their understanding and encourages them to learn. Nevertheless, the main requirement is for all district schools to provide equal access to public education to all students regardless of their immigration status. It means that the ELL students have the rights as any other student. If an ELL is not accommodated enough, they or their parents have a right to report the school to the civil rights United States office in the department of education. It is evident when a group of students and their parents reported Arizona district for putting barriers in their English learning, as Legal Information Institute (n.d.) states.

References

Abedi, J. (2008). Classification system for English language learners: Issues and recommendations. Educational Measurement: Issues and Practice, 27(3), 17-31. https://doi.org/10.1111/j.1745-3992.2008.00125.x

Guiding federal court cases on equal educational opportunity. (2019). OU Outreach. https://outreach.ou.edu/educational-services/education/edutas/comp-center-landing-page/knowledgebases/english-language-learners/ell-admin-teachers/review-federal-law-and-legal-precedents/guiding-federal-court-cases-on-equal-education-opportunity/

Legal Information Institute. (n.d.). HORNE v.FLORES. LII / Legal Information Institute. https://www.law.cornell.edu/supct/html/08-289.ZS.html

Lopez, A. A., Pooler, E., & Linquanti, R. (2016). Key issues and opportunities in the initial identification and classification of English learners. ETS Research Report Series, 2016(1), 1-10. https://doi.org/10.1002/ets2.12090

U.S. Department of Justice. (2021, August 2). Case summaries. https://www.justice.gov/crt/case-summaries