ERIC Number: ED126685
Record Type: RIE
Publication Date: 1976-Apr
Reference Count: 0
A Legal Memorandum, April 1976.
National Association of Secondary School Principals, Reston, VA.
This issue of "Legal Memorandum" attempts to define some of the legal obligations of school districts to students for whom English is a second language. The Civil Rights Act prohibited discrimination in any federally funded program and an HEW directive reinforced this. HEW instructed school districts with more than 5 per cent national origin-minority students with English difficulties to take affirmative steps to rectify the language deficiency. In the case of Lau v. Nichols the Supreme Court affirmed Title VI, and HEW's Office of Civil Rights appointed a Task Force to develop an outline of educational approaches constituting "affirmative steps." School districts had either to include these strategies or prove their own methods as effective as the Task Force findings, most of which rely on bilingual-bicultural programs. The Equal Educational Opportunities Act makes it illegal to deny educational opportunity through failure to take appropriate action to overcome language barriers. It is possible that federal courts will equate "appropriate action" with Title VI "affirmative steps." Under the 14th Amendment, in the face of "de jure" and "de facto" segregation of ethnic minorities, federal district courts have been willing to order construction of bilingual-bicultural programs. (CHK)
Descriptors: Biculturalism, Bilingual Education, Bilingual Schools, Bilingual Students, Civil Rights Legislation, Educational Legislation, English (Second Language), Equal Education, Federal Legislation, Foreign Students, Language Instruction, Legal Responsibility, Supreme Court Litigation
National Association of Secondary School Principals, 1904 Association Drive, Reston, Virginia 22091 (single copy $0.50, five or more copies $0.30 each)
Publication Type: Journal Articles
Education Level: N/A
Authoring Institution: National Association of Secondary School Principals, Reston, VA.