Lau V. Nichols Vincent N M
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The Supreme Court ruled in favor of 1,800 Chinese students who were not receiving a proper education because they could not speak or understand English. Lower courts had ruled in favor of the school district, but the Supreme Court reversed, finding that denying Chinese-speaking children an effective education violated their civil rights. The ruling established that school districts must take affirmative steps to help students overcome language barriers to ensure they can meaningfully participate in educational programs.
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The plaintiff was an eighth grade student who created a website at home that contained profane and threatening statements about her teacher. She was suspended from school as a result. The main issue in the case was whether the school could discipline her for off-campus speech. The court ruled that the school could discipline her because the website was aimed at the school community and foreseeably spread in the school, disrupting school activities. The court found that the school's actions did not violate the student's first amendment rights.
Educational court case investigation, zelma uribe
Brown v. Board of Education was a landmark 1954 Supreme Court case that ruled racial segregation in public schools to be unconstitutional. The case was a consolidation of five separate cases challenging racial segregation in different states. It overturned the 1896 Plessy v. Ferguson decision that allowed "separate but equal" public facilities. The unanimous decision established that "separate educational facilities are inherently unequal" and required public schools to desegregate. The ruling had broad implications for dismantling racial segregation across American society.
Bilingual Education Act - Teacher Training.pdf
This document discusses the history and evolution of legislation supporting English Language Learners (ELL) in the United States. It outlines major laws like the Bilingual Education Act of 1968, Lau v. Nichols Supreme Court decision, and Equal Opportunity Act of 1974 that established rights for ELL students to receive language support services. More recent legislation like Every Student Succeeds Act continues advocating for the education and success of ELLs. The presentation concludes by discussing the ongoing impact of this legislation in schools through teacher training, use of student data, and preserving student culture.
76 Kappan December 2015January 2016is required in .docx
76 Kappan December 2015/January 2016
is required in the perfor-
mance of our most basic
public responsibilities, even
service in the armed forces.
It is the very foundation of
good citizenship. Today it
is a principal instrument in
awakening the child to cul-
tural values, in preparing
him for later professional
training, and in helping him
to adjust normally to his en-
vironment. In these days, it is
doubtful that any child may
reasonably be expected to
succeed in life if he is de-
nied the opportunity of an
education.
But in 1973, in San Antonio
Independent School District v.
Rodriguez, the Supreme Court
held that access to public
education was not a consti-
tutional right under the U.S.
Constitution.
In another case, Chinese-
American students with
limited English language
profi ciency claimed the San
Francisco school district’s
failure to provide language
accommodation and support
for them violated the U.S.
Constitution and Title VI of
the Civil Rights Act. Find-
ing in favor of the students,
in Lau v. Nichols (1974), the
Supreme Court focused not
on the constitutional question
but on the Civil Rights Act.
Congress codifi ed much of
the decision shortly thereafter
by passing the Equal Educa-
tion Opportunities Act.
Denying children an
education because
of the actions of their
parents is not legal.
The right to a public educa-
tion for those who are not
U.S. citizens, legal residents,
or living with their parents is
not a clear and stable issue.
Children who enter the U.S.
illegally with or without their
parents are at the heart of this
question.
Let’s begin with the 1954
U.S. Supreme Court decision
in Brown v. Board of Education,
where the court declared state
laws denying access to public
schools based on race to be
unconstitutional under the
Equal Protection clause:
Today education is per-
haps the most important
function of state and local
governments. Compulsory
school attendance laws and
the great expenditures for
education both demon-
strate our recognition of the
importance of education to
our democratic society. It
cratic system of government
and . . . the primary vehicle
for transmitting the values on
which our society rests. . . . In
sum, education has a funda-
mental role in maintaining
the fabric of our society.”
The Court noted that, if
the state intends to deny such
a benefi t, it should have a
suffi ciently valid reason. The
Court found that denying
children an education, not
due to their own actions, but
the actions of their parents,
was not suffi ciently compel-
ling to deny children this
important public benefi t.
In Martinez v. Bynum, 461
U.S. 321 (1983), the U.S.
Supreme Court ruled (8 -1)
on another Texas statute
intended to close the school-
house doors to nonresident
children. The student was
a U.S. citizen by birth. But,
when he was a young child,
he and his parents moved to
Mexico, where his parents
were citiz.
Oregon educator licensure assessments
This document provides an overview of the legal foundations and history of civil rights protections in public education in the United States. It discusses key court cases like Brown v. Board of Education that overturned racial segregation in schools. It also outlines federal legislation such as the Civil Rights Act of 1964 and amendments that prohibited discrimination based on race, religion, sex, and disability. The document aims to familiarize readers with the legal frameworks around equitable access to education and protections for all students.
Brown V Board Of Ed
Brown v. Board of Education was a landmark 1954 Supreme Court case that ruled racial segregation in public schools was unconstitutional, overturning the 1896 Plessy v. Ferguson decision that allowed "separate but equal" facilities. Led by Chief Justice Earl Warren, the unanimous Court found that segregation had detrimental effects and was inherently unequal, violating the 14th Amendment's equal protection clause. The ruling marked a major step toward dismantling racial segregation and stimulated the civil rights movement, though implementation faced resistance from states trying to maintain segregation.
The Law and English Language Learning Students
This document discusses a court case regarding the education of English language learning students in the United States. It summarizes the Civil Rights Act of 1964, which prohibited discrimination based on race, color, or national origin in federally funded programs. To clarify how this applied to English learners, the Department of Health, Education, and Welfare issued guidelines for schools, including that they must take steps to address language deficiencies and could not restrict English learners from academic courses due to insufficient English instruction. It then discusses the Lau v. Nichols Supreme Court decision that found these students were not receiving equal treatment.
A free and equal public education ! Edhole
Education in the United States has not always been equally available to all. In the 1950s and prior, schools were segregated based on race. The 1896 Plessy v. Ferguson Supreme Court ruling established the "separate but equal" doctrine, allowing racial segregation if facilities were equal. It wasn't until the 1954 Brown v. Board of Education ruling that the Court found racial segregation in public schools to be unconstitutional. While this ended de jure segregation, de facto segregation continued due to factors like housing and economic patterns. Full integration of schools has been a long process achieved through additional laws and court cases aimed at establishing equal access to quality education for all students.
DEBATE 22 EDUCATION POLICYASSIGNING STUDENTS TO SCHOOLS BA.docx
DEBATE
22
EDUCATION POLICY
ASSIGNING STUDENTS TO SCHOOLS BASED ON RACE:
Justified or Unacceptable? ADVOCATE: National Education Association, et al.
JUSTIFIED
SOURCE: Amicus curiae brief to the U.S. Supreme Court in Parents
Involved in Community Schools v. Seattle School District No. 1 (2007) UNACCEPTABLE
ADVOCATE: Asian American Legal Foundation
SOURCE: Amicus curiae brief to the U.S. Supreme Court in Parents
Involved in Community Schools v. Seattle School District No. 1 (2007)
The intersection between education and race has long sparked emotional debate. Prior to the Civil War it was uncommon and in some places illegal to educate children who were not white. The Fourteenth Amendment (1868) requiring equal protection of the law for all citizens made it illegal to overtly deny children of color an education or to give them an expressly inferior one. However, the changes were more cosmetic that substantive. In many places, Jim Crow laws legalized accommo- dations that were supposedly “separate but equal,” but in reality were highly unequal. Blacks were the most numerous victims, but Asian Americans, Hispanics, and others also were relegated to second-class facilities and services. The Supreme Court upheld this fictitious equality in Plessy v. Ferguson (1896), a case that involved railroad car accommodations but also applied to schools and many other points of segregation. That decision stood until the Supreme Court overturned it in Brown v. Board of Education (1954). Writing for the unanimous court, Chief Justice Earl Warren opined that in “public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.”
Over the years, the application Brown v. Board of Education slowly eliminated the overtly intentional school segregation, but, like the Fourteenth Amendment, there was a large gap between theoretical importance and practical impact. Two factors lim- ited Brown. One was that some school districts build schools or drew district lines in ways that maintained or created schools that were de facto racially segregated. The second factor involved living patterns. Whites fled cities to the suburbs or sent their children to private schools to avoid racially integrated schools, and urban schools became more and more minority dominated. These population shifts also left cities with diminished tax bases, and the schools declined for want of adequate funding.
In response, the courts moved to a more proactive stance. In a case involving the region centered on Charlotte, North Carolina, where schools remained very segre- gated and the school board resisted moving to desegregate, a federal judge in 1965 found that the segregation was intentional, ordered that all 105 schools integrate, and specified that children be bussed between schools in necessary. The Supreme Court in Swann v. Charlotte-Mecklenburg Board of Education (1971) unanimously backed
2
John T. Rourke, You Decide! 2012 Copy.
Education is a hallmark of civic life in America, so it’s no surpr.docx
Education is a hallmark of civic life in America, so it’s no surprise that it’s been at the center of many landmark controversies over the years. Here are 10 Supreme Court cases related to education that impacted both constitutional law and the public school experience.
10. Brown v. Board of Education (1954)
Arguably the most well-known ruling of the 20th century, Brown overturned Plessy v. Fergusonand established that “separate educational facilities are inherently unequal.” The Warren Court’s unanimous decision explained that the separate-but-equal doctrine violated the Equal Protection Clause of the 14th Amendment, and ordered an end to legally mandated race-segregated schools. While the Brown decision marked only the beginning of a prolonged struggle to achieve actual integration, its impact cannot be understated.
9. Engel v. Vitale(1962) and 8. Abington School District v. Schempp (1963)
This pair of cases shaped the modern understanding of how the Establishment Clause of the First Amendment constrains prayer in public schools. In Engel, the Court struck down a New York State rule that allowed public schools to hold a short, nondenominational prayer at the beginning of the school day. The Court decided that these prayers amounted to an “official stamp of approval” upon one particular kind of prayer and religious service, and said that, since teachers are agents of the federal government, the scheme violated the Establishment Clause.
The reasoning in Engel was also applied in Schempp, in which the Court struck down a Pennsylvania policy that required all students to read 10 Bible verses and say the Lord’s Prayer at the beginning of each day. While a student could get an exemption with a parent’s note, the Warren Court decided that this still amounted to an unconstitutional government endorsement of a particular religious tradition.
7. Lemon v. Kurtzman(1971)
This case adjudicated a different sort of Establishment Clause challenge, where the controversy dealt with a statute providing financial support for teacher salaries and textbooks in parochial schools. The Burger Court unanimously decided that this financial aid scheme violated the Establishment Clause and delineated the governing precedent for Establishment Clause cases known as the Lemon test. Under Lemon, statutes (1) must have a secular legislative purpose; (2) must have primary effects that neither inhibit nor advance religion; and (3) cannot foster an “excessive government entanglement with religion.” The Court held that this scheme violated the third prong of the Lemon test.
6. Wisconsin v. Yoder (1972)
Among the litany of public school cases from the Warren and Burger eras is the landmark Free Exercise Clause decision in Yoder. Wisconsin mandated that all children attend public school until age 16, but Jonas Yoder, a devoutly religious Amish man, refused to send his children to school past eighth grade. He argued that his children didn’t need to be in school that long t ...
Wk12 legalfoundations
This document summarizes the legal history of dual language instruction in the US. It discusses key events and cases that expanded education rights for non-native English speakers, including the Civil Rights Movement, Brown v. Board of Education, the Bilingual Education Act of 1968, Lau v. Nichols in 1974, and the No Child Left Behind Act of 2001. Overall, it traces how policy has shifted from supporting bilingual programs to a greater English-only focus under NCLB.
US Landmark Cases.
Brown v. Board of Education ruled that segregated schools were unconstitutional, violating the equal protection clause of the 14th Amendment. Plessy v. Ferguson upheld the doctrine of "separate but equal" and found that segregated rail cars were constitutional in Louisiana. Dred Scott v. Sanford determined that African Americans were not citizens under the Constitution and could not claim its protections.
BROWNS VS. BOARD OF EDUCATION
The document summarizes the landmark 1954 Supreme Court case Brown v. Board of Education. It discusses how Linda Brown, a black schoolgirl in Topeka, Kansas, was denied admission to her local white school in violation of her 14th amendment rights. The NAACP helped Brown's family challenge the "separate but equal" policy of the Topeka school district. The Supreme Court ultimately ruled that racial segregation in public schools was unconstitutional, overturning the 1896 Plessy v. Ferguson decision and dismantling the legal basis for racial segregation in schools and other public facilities.
Court Cases - Special Education - William Allan Kritsonis, PhD
This document discusses two court cases related to the education of children with disabilities. The first case establishes that a free appropriate public education under IDEA requires that students receive some educational benefit, but does not require schools to maximize a child's potential. The second case examines whether a child with autism should be educated in a regular classroom or a separate classroom for children with autism. The court ultimately ruled that the school district did not take enough steps to include the child in the regular classroom.
Court Cases - Special Education - Dr. William Allan Kritsonis
Special Education Law - Educational Laws and Policies - School Law - Public School Law - Private Education Law
William Allan Kritsonis, PhD
Court Cases - Special Education - Dr. William Allan Kritsonis
William Allan Kritsonis, PhD
PhD, The University of Iowa, Iowa City, Iowa, 1976
M.Ed. Seattle Pacific University, Seattle, Washington, 1971
B.A. Central Washington University, Ellensburg, Washington, 1969
Visiting Scholar, Columbia University, Teachers College, New York, 1981
Visiting Scholar, Stanford University, School of Education, Palo Alto, California, 1987
Doctor of Humane Letters, School of Graduate Studies, Southern Christian University, 2008
Hall of Honor (2008)
William H. Parker Leadership Academy, Graduate School
Prairie View A&M University - The Texas A&M University System
Invited Visiting Lecturer (2005)
Oxford Round Table
Oriel College
University of Oxford
Oxford, England – United Kingdom
Distinguished Alumnus (2004)
Central Washington University
College of Education and Professional Studies
Ellensburg, Washington
Founder & Editor-in-Chief
NATIONAL FORUM JOURNALS
Founded 1983
K.a. v Pocono
This document discusses the case of K.A. v. Pocono Mountain School District. It provides background information, including that K.A. was a 5th grade student who tried to distribute invitations to a church Christmas party to her classmates, but was prohibited from doing so. The document outlines the relevant facts of the case and discusses two prior Supreme Court cases - Tinker v. Des Moines and Morse v. Fredrick. It then summarizes the court's ruling in favor of K.A., finding that the school's restrictions were not applied neutrally and were unconstitutional. The implications are that administrations should exercise fairness when making decisions and follow existing policies, and understand the legal standard of "substantial
K.a. v Pocono
This document discusses the case of K.A. v. Pocono Mountain School District. It provides background information, including that K.A. was a 5th grade student who attempted to hand out invitations to a church Christmas party to classmates, but was prohibited from doing so. The document outlines the relevant facts of the case and discusses two prior Supreme Court cases - Tinker v. Des Moines and Morse v. Fredrick. It notes that the court in K.A. v. Pocono Mountain School District ruled in favor of K.A., finding that the school's restrictions were not applied neutrally and were unconstitutional. The implications are that administrations should exercise fairness when making decisions and follow existing
Content Area __________ ActivityStrategy to make _________ cul.docx
Content Area: __________
Activity/Strategy to make _________ culturally relevant to students.
Aspect
Activity/Strategy
Vocabulary
Building a Community
of Learners
High Expectations
Rewards
Pride
Method of sharing this
information with families
CHART
Layshock v. Hermitage School District
Identification of the Case
Layshock v. Hermitage School Dist., 593 F.3d 249 (3d Cir.2010).
Date decided: Under the authority of the U.S. District Court for the Western District of
Pennsylvania, the case was decided on June 13, 2011.
Issue: a). Was the student’s actions punishable?
b). Should the student have been suspended and not allowed to participate in the
graduation exercise?
Holding: a). The court held that under the circumstances in the case, there is a
constitutional prohibition in the first amendment that prevents schools from reaching beyond the
boundaries of the schoolyard to impose discipline (Baxter, 2014). This discipline was also
termed as inappropriate.
b). While the initial decision to forbid the boy from attending his graduation was
revoked, the federal judge ruled that the suspension was unconstitutional and required a
compensatory charge on the school in 2007 (Conn, 2015). On appeal in 2010, the appeal court
upheld the former decision. The last appeal was made in the US Court of Appeals, Third Circuit
and decided on June 13, 2011.
Background and Facts of the Case
Background: The case concerns Justine Layshocks parents against Hickory High School
who had suspended him for creating an online parody against the principal which in turn made
him miss his graduation.
Facts: The student’s actions took place off campus and during non-school hours. The
picture used was from the school’s website which is a public website in which everyone has
access.
Issues: The serious issue arising from the case is the fact that however distasteful his
actions, the student had not committed any offenses outlined by the school district which would
in turn cause a suspension. Also, due to the suspension, the student was kept from participating
in a momentous milestone in his life.
Decision of the high court/Reason for the decision: While the initial decision to forbid
the boy from attending his graduation was revoked, the federal judge ruled that the suspension
was unconstitutional and required a compensatory charge on the school in 2007 (Conn, 2015).
On appeal in 2010, the appeal court upheld the former decision. The last appeal was made in the
US Court of Appeals, Third Circuit and decided on June 13, 2011.
Opinion: The upholding of the student's freedom of speech by all the courts support the rights of expression. It shows the ability of the constitution to promote the ability of students to freely communicate their views without the fear of intimidation (Mercier, 2015). The majority of the people felt that the case was adequately taken and the judges effectively protected the righ.
Homeschooling
Parents may choose to home school their children for several reasons such as religious beliefs, a desire for more control over curriculum and socialization, or dissatisfaction with public schools. Studies have shown that home schooled children often perform better than public school students on standardized tests and many go on to attend college. The main advantages of home schooling are that it allows for a customized curriculum tailored to each child's interests and learning style, more flexibility in scheduling, and increased parental influence over socialization and incorporation of religious or philosophical beliefs.
Similar to Lau V. Nichols Vincent N M (20)
76 Kappan December 2015January 2016is required in .docx
76 Kappan December 2015January 2016is required in .docx
DEBATE 22 EDUCATION POLICYASSIGNING STUDENTS TO SCHOOLS BA.docx
DEBATE 22 EDUCATION POLICYASSIGNING STUDENTS TO SCHOOLS BA.docx
Education is a hallmark of civic life in America, so it’s no surpr.docx
Education is a hallmark of civic life in America, so it’s no surpr.docx
Court Cases - Special Education - William Allan Kritsonis, PhD
Court Cases - Special Education - William Allan Kritsonis, PhD
Court Cases - Special Education - Dr. William Allan Kritsonis
Court Cases - Special Education - Dr. William Allan Kritsonis
Court Cases - Special Education - Dr. William Allan Kritsonis
Court Cases - Special Education - Dr. William Allan Kritsonis
Content Area __________ ActivityStrategy to make _________ cul.docx
Content Area __________ ActivityStrategy to make _________ cul.docx
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Mona Pexa In Re Gault
Gerald Francis Gault, a 15-year-old boy, was arrested for allegedly making an obscene phone call. He had previously been on probation. Gault's parents were not notified when he was taken into custody. At a juvenile court hearing, Gault was committed to a state industrial school until age 21 without the right to legal counsel. The Supreme Court later ruled in favor of Gault, finding that juveniles deserve basic legal protections similar to those afforded adults.
Miranada V Arizona(2)
1) The Supreme Court case Miranda v. Arizona addressed whether police must inform suspects of their rights before questioning.
2) The Court ruled that police must inform suspects that they have the right to remain silent and have an attorney present during questioning.
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Matt Bennett Ledbetter V Goodyear
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Clay
Cassius Clay, later known as Muhammad Ali, refused to serve in the military during the Vietnam War due to his religious beliefs as a Muslim. Ali claimed conscientious objector status, which allows exemption from military service for those whose religious beliefs prohibit war. While the prosecution argued Ali failed military qualification tests, the appeal board found no reason to deny his conscientious objector status. In 1971, the Supreme Court reversed Ali's conviction and he was released, upholding his right to exemption from service due to his religious beliefs.
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