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Legal Decisions on the Education of English Language Learners and the Office for Civil Rights

Sun, April 10, 8:15 to 10:15am, Marriott Marquis, Floor: Level Four, Liberty Salon L

Abstract

After a brief discussion on the mission of the U.S. Department of Education, Office for Civil Rights (OCR), which is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights, the presenter will provide an overview of landmark legal decisions on the education of English language learners (ELLs) and current educational policies that have been proposed or issued on behalf of the federal government and that are playing out in varying degrees at a local level.

Because OCR serves student populations facing discrimination and the advocates and institutions promoting systemic solutions to civil rights problems, it is helpful for second language researchers to understand OCR’s roles and responsibilities to protect ELLs. For example, one important responsibility is resolving complaints of discrimination, typically called compliance reviews. OCR also provides support and guidance to help institutions achieve voluntary compliance with the civil rights laws and to promote partnerships designed to develop creative approaches to preventing and addressing discrimination. OCR enforces several Federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial assistance from the U.S. Department of Education. Discrimination on the basis of race, color, and national origin is prohibited by the Civil Rights Act of 1964. Later amendments and acts expanded the purview of OCR. The civil rights laws enforced by OCR extend to all state education agencies, elementary and secondary school systems, colleges and universities, vocational schools, proprietary schools, state vocational rehabilitation agencies, libraries, and museums that receive U.S. Department of Education funds.

Over the past several years, the U.S. Department of Education, the Office for Civil Rights, and the U.S. Department of Justice have implemented several strategies to explore the different ways to tackle and resolve the disparities in student academic success that continues to exist across the country. This socio-historical and political context is critical for second language researcher to understand as schools and educators must ensure their work is in compliance with federal law and regulations to ensure that all students have access to a great education.

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