25 июн 2009 г. - 2009-Horne v. Flores

Описание:

~This case began all the way back in 1992 when ELL learners and their parents filed a class action lawsuit against the schools of Nogales, Arizona because they were not providing a fair and equal education to ELL students. This then violated the rights of the students under the Equal Educational Opportunities Act of 1974--EEOA. The schools were not properly funding the ELL curriculum and programs so that students could 'overcome language barriers' as the EEOA states they should have access to. The district court, where the case originally started, decided in favor of the students and said that the State needed to properly fund the ELL program to provide them a fair and equal education opportunity.
~Then, while the case was being tried in the courtroom the state of Arizona was in the process of making changes to their ESL curriculum which in turned caused the state of Arizona to claim that the new changes did in fact sustain the requirement of the EEOA to provide ELL students the adequate education assistance.
~Therefor, in 2009 the case was appealed and sent to the Supreme Court. Once there, the case got sent back to the lower courts and the Supreme Court told them to deliberate on these factors:
1.Take into consideration more than just the funding of ENL for compliance with the EEOA
2. Having established the NCLB--No Child Left Behind-- act is not all it takes to be essentially compliant with EEOA and the associated students' rights
~The Supreme court did support however Arizona's recent changes in the addition of the immersion program for ELLs
~The lower courts have not yet decided if the states new immersion program, increased funding, and abiding by the NCLB act is enough to be in compliance with providing the necessary, and proper amount of instruction for ELLs. (Itzel Flores and JT Feagans)

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