Florida Consent Decree the Teacher\'s

Florida Consent Decree

The teacher's ability to work in the classroom is ideal if all her students are on the same skills and learning ability level. If some of them cannot speak English, she and those students are put at a disadvantage. It becomes the responsibility of the school to educate the student and in doing so, to make sure he or she understand the language used to teach. The teacher cannot discriminate against this student in any way, including allowing a non-English-speaker to go without understanding the lesson, therefore the student is entitled to lessons in English.

The Equal Educational Opportunities Act of 1974 (EEOA) prohibits specific discriminatory conduct, including segregating students on the basis of race, color or national origin, and discrimination against faculty and staff. Furthermore, the EEOA requires school districts to take action to overcome students' language barriers that impede equal participation in educational programs.

Section 504 of the Rehabilitation Act of 1973 prohibits the exclusion, the denial of benefits, and discrimination by reason of disability in programs or activities receiving federal funds. The Office for Civil Rights has primary responsibility for enforcing Section 504's provisions with respect to recipients of federal education funds.

The Florida Education Equity Act of 1984, or Consent Decree, is the state of Florida's framework for compliance with the following federal and state laws and jurisprudence regarding the education of English language learner students: Title VI and VII Civil Rights Act of 1964, Office of Civil Rights Memorandum (Standards for Title VI Compliance) of May 25, 1970, Requirements based on the Supreme Court decision in Lau v. Nichols, 1974, Equal Education Opportunities Act of 1974, Requirements of the Vocational Education Guidelines, 1979, Requirements based on the Fifth Circuit court decision in Castaneda v. Pickard, 1981, Requirements based on the Supreme Court decision in Plyler v. Doe, 1982, Americans with Disabilities Act (PL 94-142), Florida Education Equity Act, 1984, Section 504 of the Rehabilitation Act of 1973.