EQUAL PROTECTION AND PUBLIC EDUCATION
2
According to the US Constitution education is not a fundamental right, however, because
of the 14th Amendment if it is decided to establish a school district, every child must be given
the opportunity to attend equal schooling. This also is true for English language learners. An
English Language learner is a child who speaks a different language at home and is currently
learning English after they move to an English-speaking country. they have moved to a
Not to
be confused with a bi-lingual student who speaks their native language along with English
(
Weyer, n.d)
English Language Learners(EEL) need to be classified, to be placed in the right class,
where they can get the resources that they need. Each state has its process of classifying the
students. In New Jersey, the first step is to identify if the student is an English language Learner.
This process includes a home language survey. This is done to every student upon enrollment
and can be done orally or in writing. Step two is the survey to be reviewed by a NJ-certified
teacher. Depending on the answers, the educator would either have the child move on to step 3
which is the testing phase or the child would be placed in a general ed classroom. For step 3 it is
preferred to have an NJ-certified bi-lingual teacher to administer the test. If the student scores
below a 4.5 it would be determined that they are an ELL( New Jersey Department of
Education,2021).
With the classification of students, there could be a rise in the legality of it. School
districts must be sure that there is no discrimination or basis against the student. Title VI and the
Civil Act of
1964
prohibit discrimination on the grounds of race, color, or national origin by
recipients of federal financial assistance (
Encyclopædia Britannica,n.d.). In 1970, the Supreme
Court reviewed the case Lau V. Nicholas a memorandum that directed the school district to
