CSET SPANISH SUBTEST IV correctly answered 2023

CSET SPANISH SUBTEST IV correctly answered th Amendment to the U.S. Constitution; amendment ratified in 1868 after the Civil War, declares in part: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Many of the cases discussed in this section are based on the **due process and the equal protection clauses** of the # Amendment. Plessy v. Ferguson a landmark decision of the U.S. Supreme Court issued in 1896. It upheld the constitutionality of racial segregation laws for public facilities as long as the segregated facilities were equal in quality - a doctrine that came to be known as "separate but equal. Although the decision was related to the segregation of African American students, in many parts of the country Native American, Asian, and Hispanic students were also routinely segregated. " Brown v. Board of Education REVERSAL of Plessy v. Ferguson; 58 years later in 1954; Like Plessy, focused on the segregation of African American students. But by ruling that states are responsible for providing "equal educational opportunities" for all students made bilingual education for ELLs more feasible. Independent School District v. Salvatierra, Alvarez v. Lemon Grove, and Méndez v. Westminster School District Addresses Segregation A few lesser known lower level cases concerning the segregation of Hispanic student predate Brown. Independent School District v. Salvatierra (1930) Mexican American parents in the small border town of Rio, Texas, brought suit against the school district over segregation. The court sided with the school district that argued the segregation was necessary to teach the students English. This argument did not hold, however, for two similar cases in California: Alvarez v. Lemon Grove (1931) and Méndez v. Westminster School District (1947). The judge in Alvarez noted that segregation was not beneficial for the students' English language development and the success of the Méndezcase helped set the stage for Brown. Guey Heung Lee v. Johnson and Johnson v. San Francisco Unified School District Addresses Segregation In some instances, desegregation efforts made it more difficult. In San Francisco, for example, Chinese Americans fought a desegregation order that would force students out of neighborhood schools that provided bilingual English Chinese programs for newcomer Chinese ELL students. The Chinese community took the case to court in 1971 and it was appealed to the 9th Circuit Court of Appeals in Johnson v. San Francisco Unified School District. In 1974, the court ruled against the Chinese community, declaring simply Brown applies to races. Meyers v. Nebraska The Right of Communities to Teach Their Native Languages to Their Children In the early 1900s, German communities typically ran their own private schools where students received instruction in both German and English. Then, in 1919, Nebraska passed the Siman Act, The state court ruled that the act could not prevent schools from providing German language instruction outside of the hours of regular school study. In response, the parochial schools taught German during an extended recess period. Language restrictionist policymakers sought to close the loopholes in the law and fined Robert Meyers $25 fine for teaching Bible stories to 10 yr old children in German. The case, Meyers v. Nebraska(1923), went to Supreme Court, which consolidated this case with similar cases from Ohio and Idaho. Supreme Court struck down the states' restrictive legislation, ruling that whereas state governments can legislate the language used for instruction in schools, states may not pass laws that attempt to prevent communities from offering private language classes outside of the regular school system. Made it clear that the 14th Amendment provides protection for language minorities, does not endorse it though. Siman Act 1919 Nebraska made it illegal for any school, public or private, to provide any foreign language instruction to students below the 8th grade. Associated with Meyers vs Nebraska. Farrington v. Tokushige The Right of Communities to Teach Their Native Languages to Their Children Hawaii in 1927, the court offered further protections of after-school community language programs after attempts by education authorities to put restrictions on Japanese and Chinese heritage language programs. Case essentially about parents' rights rather than language rights; still signs of negative attitudes toward the "foreign population." Indeed, Hawaii tried yet again to limit private foreign language instruction. When the Chinese communities after World War II sought to restart their private language schools, the state passed the "Act Regulating the Teaching of Foreign Languages to Children." Part of the state's rationale was the need to "protect children from the harm of learning a foreign language." The Supreme Court ruled that prohibiting schools to teach in a language other than English violates constitutional rights protected under the Fifth Amendment Stainback v. Mo Hock Ke Kok Po The Right of Communities to Teach Their Native Languages to Their Children (1947), the state court struck down the statute, rejecting the state's claim and arguing that, at least for "the brightest" students, study of a foreign language can be beneficial. The case was decided on the basis of Farrington and, once again, had more to do with parents' rights in directing the education of their children than with language rights. Despite agreement in the courts about the need for states to Americanize minorities and their right to control the language used for instruction in public schools, minority communities have a clear right to offer private language classes in which their children can learn and maintain their home languages. Thus, the common practice of language-minority communities today in offering heritage language programs after school and on weekends is protected by the U.S. Constitution.