20,000 Students Sue California Educators for Inadequate English Instruction

By Anna Dinger | Apr 25, 2013 01:24 PM EDT

The American Civil Liberties Union filed a lawsuit against California educators on Wednesday claiming that about 20,000 students have not received adequate English education.

California had a substantial immigrant population and one in for of its public school students are in need of English instruction, according to the Inquisitr.

"Under state and federal law, schools are required to teach non-English speakers the language," reports the Denver Post.  However, the suit suggests that nearly 20,000 students are not receiving that instruction and, as a result, some children had to be held back a grade or live with low proficiency scores because of a language barrier.

"It is a blatant violation of the law not to provide these students the most basic and essential component of their education -- language to access their classes," said Jessica Price, staff attorney with the ACLU Foundation of Southern California, according to the Los Angeles Times.

ACLU advocates have received information from about 250 school districts that acknowledging that they are providing no services or inappropriate language help to these students, and yet "the state of California does absolutely nothing in response," Price told the LA Times.

Attorney Mark Rosenbaum said in Wednesday's filing that English learners are falling behind without proper language lessons, even as school districts collect federal funds specifically for that purpose, reports The Associated Press.  Rosenbaum said, it is "outrageous," according to the LA Times.

Richard Zeiger, Chief Deputy Supt. of Public Instruction argues that, the education department in California is "determined to ensure that all English learner students receive appropriate instruction and services," according to the LA Times.  "When questions arose [the department] asked local educational agencies to provide additional information regarding the services they are required to provide."  
Zeiger also asked that parents with specific concerns contact the department directly, through its established complaint process.

"Earlier this year, state officials said 98% of the state's 1.4 million English learners were receiving services," reports the LA Times.

The suit includes examples of students who saw a direct correlation between whether or not they received language assistance and their academic success or failure during that time, the LA Times reports.

The suit alleges that one mother had both of her children, an 8-year-old and a 10-year-old, held back a year immediately after they stopped being provided language instruction, according to The Christian Science Monitor.

The suit was filed on behalf of six students and their guardians, who remain anonymous due to the possibility of retaliation from their local school systems, according to their attorneys.  Walt Dunlop, a former Oxnard Union High School District teacher who has worked with English learners, is also suing.

"Over a lifetime as an educator, I've known English learner students who in despair have said to me about dropping out of school: 'There's nothing here for me Mr. Dunlop, nothing here for me.' High school students crying during high stakes exams feeling that failure is imminent," Dunlop said following Wednesday's lawsuit announcement, according to the Inquisitr.

In addition, the Asian Pacific American Legal Center and the law firm of Latham & Watkins are also participating in the suit, according to the LA Times.

The suit seeks a court order for school that requires them to provide courses to English learners who need them, attorney's fees for filing the suit and further equitable relief the court finds sufficient, according to the AP.

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