Horne V. Flores Case Summary

First off, it’s important to understand the difference between learning and education. Learning is the ability of an individual’s brain to acquire and retain information for a lifetime, whereas education is an aide to further strengthen a student’s learning capacity with the use of resources: teachers, libraries, classroom environment, etc. All students are essentially equal when they enter the educational environment, however students who don’t speak English have an unfair disadvantage in the american educational system.

Movements for bilingual education rose in 1974 with the Equal Education Opportunity Act and Bingual Education Act, which ordered federally funded schools to meet special educational needs for students not proficient in English. Unfortunately, dropout rates and lack of English-language proficiency alarmed the states that these bilingual programs were not efficent. Because of this, arguments between English-only advocates and supporters of bilingual educations emerged. Articles such as the New York Times have proclaimed the failures of bilingual education. One cause could be the resistance of immigrants from English language acquisition, who hold tight onto their first language and culture. Despite this, studies show that generations

The primary goal of any school district’s English Language Learner policy should be to ensure that all students receive equitable access to the curriculum. The Office of Civil Rights memorandum (May 25, 1970) requires school districts to take affirmative steps to provide equal access to instructional program for students with limited English proficiency. The Illinois Constitution guarantees every child from kindergarten through grade 12, access to a free public education; which means, regardless of a child’s home language, he/she deserves a free and appropriate education (Illinois State Board of Education, 1998).

Multilingual programs have the potential to segregate and disadvantage children; yet, they also can be a valuable tool for educators to address student’s needs. Proposition 58 puts the power of choice in the hands of parents and educators, who best know the students affected. Therefore, after thorough analysis, I am a supporter of this

In 1982, the United States Supreme Court reviewed a case regarding the education of undocumented Mexican children in Texas (Plyler v. Doe, 1982). Arguments stated that when the school district denied education to these children, the school district violated the children's right under the Equal Protection Clause of the 14th Amendment. However, in 1975, Texas passed a law that stated that school districts have the legal right to withhold state funds for educating unauthorized immigrants. This class action suit was appealed to the U.S. Supreme Court after the lower courts upheld the school district's decision.

Florida is a state composed of diverse cultures and languages. Prior to 1990 there were not any modifications or accommodations in the classroom for English Language Learners (ELL), which had become an increasing issue. During this decade Florida was the third largest state with residents that were not native-born. Historically, Florida has become the home for many individuals who migrated from Central and Latin America (MacDonald, 2004). According to the Consent Decree (n.d.), the Florida English speakers of other languages (ESOL) Consent Decree was a result of the case, LULAC et. al v. State Board of Education, August 14, 1990. This case addresses the civil rights of English Language Learners (ELLs). The plaintiffs in this case were LULAC and Multicultural Education, Training and Advocacy (META) and the defendant were Florida Board of Education. LULAC and META came together to bring justice to students whose native language was not English. The plaintiffs’ sought to implement policies to protect students whose native language was not English in order to create an equal learning environment. For example, English was the only means of communication in the classrooms and students who did not speak or understand the language would find themselves at a disadvantage. Due to the lack of modifications in place, students would eventually fall through the cracks of the school system. This case brought

A few of the court cases and acts that changed the way for ELL students are Bilingual Education act (1968), Serna v. Portales Municipal Schools (1972), Lau v. Nichols (1974), Equal Educational Opportunities Act (1974), and Flores v. Arizona (2008). The Bilingual Education Act (1968) also known as Title VII, was establish to provide funding to educational programs, teacher training, development of instructional materials, and promotion of parent involvement. This act was created to prove that money should not be an issues when educating ELL students. The case of Serna v. Portales Municipal Schools (1972) helped get more get more Spanish speaking teacher into classrooms to help ELL students and develop more bilingual lesson plans. This case showed

Furthermore, advocates of special education used the Brown decision to initiate challenges to the existing segregated educational system in the form of well-known court cases. The rulings from these cases declared that it was unconstitutional to have separate schools for students with disabilities. The Elementary and Secondary Education Act (ESEA) of 1965 was the first major federal effort to subsidize direct services to selected populations in public elementary and secondary schools, and it remains the primary vehicle for federal support of public schools today (Martin, Martin & Termin, 1996).

An issue that has become very important to me is that of fair education, specifically, in regards to ELL programs (English language learners) . This issue is very important to me because I’ve seen the struggles that immigrant students/the children of immigrants face when it come to the education system. During my early school years, I grew up in a predominantly hispanic neighborhood in East Harlem, therefore the schools in the surrounding neighborhoods had many native Spanish speakers. I didn’t encounter any problems in school with language, since English was my first language, but many of my classmates has trouble. I would often see teachers get frustrated with students when they could not communicate effectively with them. Instead of

Non-English Chinese students argued that they were being immersed in all English classes with no support and accommodations to acquire English. The District Court and Court of Appeals denied relief because they stated the district followed the California Code of Education which states that main instructional language is English. Moreover, immersion would help them graduate since the state requires students to be English proficient in order to receive their diploma. Thus, they concluded that the Fourteen Amendment equal protection clause and the 1964 Civil Rights Act are not violated. The plaintiffs then hoped to get justice from the U.S. Supreme Court.

There is one personal story that I have never told anyone, because I feel kind of ashamed if I talk about it. I actually have no knowledge of American History; even I went to the full four years public high school in America. That is why I am questioning the education system in the United States. Instead of spending countless periods in regular History and Biology classes without understand any materials, why schools do not offer History and Biology classes but just for ESL student, using simple and easier form of English to understand, so immigrant students can actually learn more about the subjects. In the addition, schools should also give an instructional program that give English language learners access to academic concepts and skills. Therefore, I certainly believe if there were program and curricular alternatives for students with limited English proficiency, students would not experience a difficult time with their school. Moreover, research has showed that due to these difficulties that immigrant students have to face, there is a high dropout rates among language-minority secondary school students. For example, Hispanic students are more likely than White students to leave school during their high school years (10% versus 4%; National Center for Education Statistics, 1996). In 1994, the number of Hispanic students aged 16-24 who had not completed high school and were not enrolled was 30%, as compared to 8% for White

In situations like this an individual may be unjustly or unfairly treated because of a lack of understanding. This research article applies to chapter 2 in the classroom reading material. Language barriers are often treated similarly to SLI’s. Individuals with language barriers may not have access to a translator and may agree to something they do not understand. On page 64, chapter 2, the author discusses the legal battles associated with dialects and bilingualism (Hegde, 1991) . A person with a SLI is entitled to understanding the law and their rights to the fullest extent just as a typical individual, and if an

I accommodate equality versus equity in public education today is allowing minority groups to attend school in diverse areas. Moreover, equality regarding learners receiving public education usually mean educators will adhere to the 14 amendment also the American Disabilities Act. For this reason, individuals receive due process when specific issues arise regarding placement. Nevertheless, equality was made through different laws such as the American Disabilities Act.

English Language Learners deserve the same right to a great public-school education as their English-speaking peers. They deserve access to a rich curriculum and validation of their home language and culture. They deserve educators who are trained to teach them, schools that welcome their families. They deserve an education community that shares a sense of urgency and responsibility for their well-being. They deserve the best we have to give them. These are America’s students, and the nation can’t afford to let them down.

In fact, I now have a better understanding of how to advocate for equitable program and experiences for English Language Learners as a school counselor in my school. I empathize with Asian American students, as well as other students, who are adjusting to a new school culture and language. I also see the strength and courage it takes for some of these students to show up to school each and everyday. May I be one of the factors in why they decide to show up to attend school each and everyday, and push through the challenges. On the other hand, those Asian American students who have become bilingual through language programs should be encouraged to continue in their educational endeavors, while displaying the strength of being able to utilized their native