A Litigation Trend Analysis of Case Law Outcomes Pertaining to the Educational Rights of English Learners: A Civil Rights Issue

• In Event: 46.061 - Litigation Trends in K–12 Education Relating to Employees and Traditionally Underserved Students

Abstract

The landmark 2001 No Child Left Behind (NCLB) Act has been a step forward in federal policy for the ever-increasing population of English Learners (ELs), fostering inclusion in standards-based assessments and college and/or career-readiness efforts, yet, ELs continue to struggle academically. The current 5.4 million ELs make up the lowest performing group in the United States (US) today. The emphasis on instructional strategies has failed to incorporate legal parameters, examine federal policies that protect EL’s rights, and establish school districts’ responsibilities. This study presents a systematic analysis of EL-related case law outcomes utilizing two legal policy research methodologies that identify seven litigation trends. This study bridges the gap of critical knowledge needed to meet legal requirements for ELs.

Authors

• Delia Elizabeth Racines, University of Southern California

• Susan C. Bon, University of South Carolina