Chapter 3: Beyond Legal Remedies: Toward Funding Equity and Improved Educational Opportunities for English Language Learners

An essential component of the “American Dream,” the U.S. public education system carries the considerable responsibility of preparing a richly diverse student population for academic proficiency, economic mobility, and life success. Given the dynamic and evolving nature of the nation’s racial, ethnic, and cultural diversity, it should not be surprising that many American schoolchildren speak a language other than English at home. Nearly 1 in every 10 public school students (roughly 4.5 million of 50 million total students) was classified as an English Language learner¹ (ELL) during the 2010–2011 school year (DOE, 2013a). ELL students have the potential to be an incredible asset for the United States, yet some states and school districts have treated these students as a burden. In certain cases, school districts have discriminated against them. Although the Civil Rights Act of 1964 legally protects ELL students, it was not until the institution of the Equal Education Opportunities Act (EEOA) of 1974 that the federal government required states and school districts to ensure ELL students had access to an equal education (DOJ, n.d.).