An Analysis
The legal right to TESOL, ELL, ESL, EFL, TOEFL, bilingual education and or LEP instructional services originated from the Constitution of the United States of America, specifically, The Fourteenth Amendment to the U.S. Constitution. This amendment established the constitutional basis for the educational rights of language minority students.
The Fourteenth Amendment states that no State can make or enforce any law abridging the privileges or immunities of citizens; nor deprive any person of life, liberty or property without due process of law; nor deny equal protection of the laws. This law was interpreted to mean that all students have a right to an education and that schools must provide a way for limited English proficient students to learn English.
How did the right to ESL and Bilingual Education instructional services manifest? It began via a law suit law suit titled: Brown v. Board of Education, 347 U.S. 483 (1954), the principle of equal educational opportunity for all students was established. This law suit impeded, stopped and revoked the "separate but equal" education doctrine that was maliciously inflicted on children based on race.
Because of the Brown v. Board of Education law suit, the Title VI Civil Rights Act of 1964 was passed. This law was supposed to prohibit discrimination in federally funded programs. This law stated that a student has a right to meaningful and effective instruction.
Based on the Brown v. Board of Education establishment of the principle of equal educational opportunity for all students, the Bilingual Education Acts of 1968 and 1974 were passed. These laws were consolidated and are known as Title VII.
Brown v. Board of Education, (1954), was intended to protect the constitutional rights of all students, regardless of race or national origin. This lawsuit established principles that have formedthe legal right to ESL and bilingual education via, Acts, regulations and guidelines that govern direct and impact all ESL and Bilingual instructional programmings in the United States up to today!
References:
The Provision of an Equal Education Opportunity to Limited-English Proficient Students
http://www2.ed.gov/about/offices/list/ocr/eeolep/index.html
Lau vs. Nichols: The Asian American "Brown v. Board"
http://www.apaforprogress.org/lau-vs-nichols-asian-american-brown-v-board
Title VI of the 1964 Civil Rights Act
http://www.justice.gov/crt/cor/coord/titlevistat.php
and
http://www.emsc.nysed.gov/biling/bilinged/NEWCRPT.154.html
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