ERIC Number: ED238181
Record Type: Non-Journal
Publication Date: 1983-Sep
Reference Count: N/A
The Right of Language Minority Students to a Fair Shot at a High School Diploma: A Legal Analysis.
Hirano-Nakanishi, Marsha J.; Osthimer, Elizabeth
Language minority students are legally entitled to a baseline opportunity for an adequate, affirmative, appropriate, and effective education, allowing them an "equally fair shot" at a high school diploma. Certain absolute legal standards for this baseline educational entitlement are posited to exist; this claim is supported by complementary analyses of (1) the right to equal educational opportunity under the equal protection clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964; and (2) protected interests under the due process clause of the Fourteenth Amendment. A synthesis of these two legal analyses reveals that equal educational opportunity presupposes some entitlement to minimum quantity and quality of education. In practice, this means that planning, diagnostic, and program requirements must work to allow second language minority students to participate effectively in the regular instructional program. It is observed that the establishment of such a baseline standard of educational adequacy provides an objective basis for educational malpractice litigation, since states and school districts must demonstrate that they have adequately, affirmatively, appropriately, and effectively instructed the student in all the skills, concepts, and courses required for high school graduation. (TE)
Descriptors: Access to Education, Bilingualism, Civil Rights Legislation, Compliance (Legal), Court Litigation, Due Process, Educational Discrimination, Educational Malpractice, Educational Opportunities, Educational Quality, Educationally Disadvantaged, Elementary Secondary Education, English (Second Language), Equal Education, Federal Legislation, Language Proficiency, Legal Responsibility, Limited English Speaking, Minority Groups, Non English Speaking, Nondiscriminatory Education, School Law
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: Policymakers; Practitioners
Sponsor: National Inst. of Education (ED), Washington, DC.
Authoring Institution: National Center for Bilingual Research, Los Alamitos, CA.
Identifiers - Laws, Policies, & Programs: Brown v Board of Education; Civil Rights Act 1964 Title VI; Equal Educational Opportunities Act 1974; Fourteenth Amendment; Lau v Nichols; Rodriguez v San Antonio Independent School District