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Florida ESOL Consent Decree Summary

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The Consent Decree (also known as the META or ESOL Consent Decree) of 1990 is Florida’s framework for compliance with federal and state laws and jurisprudence regarding the education of English Language Learners (ELLs) (Govoni & Palaez, 2011). The Florida ESOL Consent Decree came about when the League of United Latin American Citizens (LULAC), along with other civil rights/educational community organizations, decided to sue the Florida State Board of Education. The organizations were fighting for equal educational opportunity for all students, regardless of the individual’s primary language. Students in English for Speakers of Other Language (ESOL) program were not receiving an education that met their cognitive level because teachers in most schools were not properly trained to give ELL students an appropriate education. Teachers lacked the training to facilitate equal opportunity to the students. The Consent Decree of Florida paved the road to better education for ELL students. On August 14,1990, a settlement agreement between the plaintiffs and defendants was signed. Both …show more content…

The monitoring part of the Consent Decree was created to make sure the program is running as it should. Monitoring include a periodic review of program compliance, equal access under the Florida Educational Equity Act, and review of program effectiveness (“Consent Decree”, 1990). Schools must be ready, if asked, to show proper documentation of the program and of each student in order to prove that it is functioning properly. Finally, the sixth and last component of the Consent Decree, the outcome measures. The document lists the requirements for evaluation. As said in the Consent Decree, the evaluation system shall address equal access and program effectiveness. Students who are LEP and non-LEP are to be compared on retention rates, graduation rates, drop out rates grade point average and state assessment test

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The court argued that if a student goes through school not understanding English then they are being deprived of a meaningful education. Furthermore, the Supreme Court used Section 601 of the Civil Rights Act of 1964 to continue their argument. Section 601 bans discrimination based on color, race, and national origin in any program receiving Federal financial assistance. The San Francisco Unified School District does receive financial assistance and under the Department of Health, Education and Welfare, school districts that receive this funding are required to “rectify the language deficiency” found among their students.

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Although Lau v. Nichols had a positive impact on the education of non-English-speaking students, the Supreme Court stopped short of making revisions that would force school district to reexamine the school board’s illegal practices. The Supreme Court didn’t give the SFUSD a clear directive regarding provisions of specific programs that would satisfy Section 601 of the Civil Rights Act of 1964. This shortcoming keeps the debate alive as to whether or not appropriate programs for non-English-speaking students have been implemented correctly throughout the Unites States. Discussions are still prevalent in school districts, state legislatures, and

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The District Court denied the plaintiff’s claims, and the Court of Appeals affirmed the earlier decision. The Court of Appeals stated the non-English speaking students came

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As school administrators encountered many issues in balancing between providing safe school environment and meeting the requirements of the new law, Many case laws had been established by the judicial decisions in particular cases such as Goss v. Lopez (1975), Stuart v. Nappi (1978), Doe v. Koger (1979), Jackson v. Franklin County School Board (1985), Honig v. Doe (1988) which clarified many discipline questions pertaining to special education. In 1997 Congress passed thorough amendment to the IDEA and embeded detailed statutes to address disciplinary issues of students with

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The law was intended to help not hurt, so let us work to make it that way again so we can ensure that students are accepted, healthy, and able to

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“The FL Consent Decree provides a structure for compliance with all the jurisprudence ensuring the rights of ELL students in Florida and equality in educational opportunities as afforded to all native-English-speaking students” (20). Non-native English speakers allow a sense of diversity in the classrooms. Diversity drives innovations, and creativity and builds on communities. The reality of community and diversity in a school environment entails that one must keep an open-mind and be willing to cooperate with others- specifically those having difficulty communicating with other students and educators because of the language barrier- and also to expand their insights on a broader scale from others indifferent to themselves rather than what they are used to encountering every day, in order to become more worldly. I completely agree with the programs that LEP students are entitled to in addition to ESOL, as they are provided to ensure equality in educational opportunities.

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