• You will learn about barriers and discrimination faced by English Language Learners at a school. English Language Learners have been a traditionally marginalized population - many of whom face barriers associated with being from a non-dominant linguistic and cultural group. These barriers may be even more challenging for recent immigrant families, families fleeing as refugees, or those who are also of non-dominant religious groups.
• Note: The case studies presented are amalgamations of various cases reported in the media, observed by educators, or included in training materials. Any similarity to an actual case is coincidental. 
• When analyzing the discipline referrals, the principal noticed that English Language Learners were overrepresented as both targets of bullying and as students receiving disciplinary consequences.
• Some of the disciplinary data showed harassment based on race, ethnicity, and national origin (or perceived national origin). For example, one ELL student was physically assaulted and the bullying student reported that he was "taking care of the job ICE wouldn't do".
• ELL students also were reported for violating the discipline code frequently. Students who were in their first year in the school received the highest number of referrals.
• When analyzing the discipline referrals, the principal noticed that English Language Learners were overrepresented as both targets of bullying and as students receiving disciplinary consequences.
• Some of the disciplinary data showed harassment based on race, ethnicity, and national origin (or perceived national origin). For example, one ELL student was physically assaulted and the bullying student reported that he was "taking care of the job ICE wouldn't do".
• ELL students also were reported for violating the discipline code frequently. Students who were in their first year in the school received the highest number of referrals.

What Would You Do?

• If you were on the school's leadership team, how would you address the problems in this case?
• Consider school wide and individual disciplinary issues, academic achievement issues, and home-school connections.

School Interventions:

The principal assembled a task force to address the problem of ELL under performance and HIB directed at ELL students. Suggestions from the team included:

• Counseling for ELL students
• Translation services
• Social emotional learning, anti bullying, and character education programs
• Applying best practices to create home school connections
• Since ELL students were experiencing problems with both violin the school discipline code and being targets for discriminatory bullying - multiple procedures were instituted for the benefit of all students.
• The school adopted a PBSIS program that focused on teaching general school behaviors. This helped many of the ELL students who were recent immigrants "on-board" to the norms of their new school. Desired behaviors were modeled in addition to posted as rules - helping ELLs learn procedures visually.
• The school counselors increase character education and anti-bullying lessons to mitigate future discriminatory incidents. Forms to report bullying were produced in Mandarin and Spanish, the most common home languages for ELLs. in the school.

Home-School-Community Connections

• The educators enacted a number of ideas to create stronger connections between the school and the student's families and communities.
• The district provided translators in Spanish and Mandarin. The translators created home language notes to send home and were available for conferences and to assist with phone calls.
• Staff attended community events and also invited parents for a culture day. Over 60% of ELL parents attended and set up cultural displays representing their home culture.

Analysis

• In addition to aggressive harassment and bullying, ELL students faced several barriers which left many ELL and immigrant families marginalized from the school.
• Two of the practices - providing translated materials and inviting the parents into the school provide a great foundation for more connected relationship.
• Schoolwide PBSIS and anti-bullying efforts will likely decrease negative behaviors in the school and provide a climate free of discriminatory harassment.
• Additionally, the school should pursue training for teachers on the inclusion of ELL students in general classes in order to help the students academically.

CASE STUDY #4: Lack of Access: A case where some students cannot access to the full curriculum.

Lack of Access:

• You will examine the problem of lack of access to the full curriculum. Harassment, Intimidation, and Bullying cases involve physical or verbal threats and aggression.  Conversly, this case highlights another form of unlawful discrimination
• Note: The case studies presented are amalgamations of various cases reported in the media, observed by educators, or included in training materials. Any similarity to an actual case is coincidental.

School Setting:

• This case takes place at a large urban/suburban school district with a diverse student population. The district takes pride in its commitment to diversity, inclusion, and equity. School climate is highly positive with few cases of severe misconduct and few reported cases of harassment, intimidation, or bullying.
• The school district takes pride in its programs for special needs students including a robust ICS instructional program and special programming which keeps moderate to severely disabled students in district schools instead of outside placements. It appears that the district properly supports special needs students.
• The superintendent decided to take the next step and analyze student access to the curriculum in more detail. Despite the      district's image and commitments, the analysis of the rolls for the gifted and talented program and Advanced Placement courses showed that there may be a problem.
• There are no ELL students and only 2 special needs students (with speech only IEPs) enrolled in any advanced programming in the district. There seems to be a barrier to access to gifted programs and AP courses.

Investigation:

• The principals and department leaders stated that special needs students could not be placed in gifted programs because special needs students are not able to keep up with regular work, let alone advanced work. Likewise, the school determined that ELL students need the basics of English before they can transfer to advanced work.
• One principal stated that it may be okay for some special needs students to enroll in advanced courses or gifted programs - but that the students would of course lose access to any special education services.
• The district's gifted coordinator reported that special needs and ELL students are not screened or tested for these advanced programs.

What Do You Think?

• What do you think? Based on the coursework thus far, is there a problem of discrimination in this case?
• If so, why? Where do the district employees go wrong in their reasoning?

School Response:

The Superintendent ordered the school to improve the policies and practices which led to this access disparity.

• A nonverbal test would now be used to help identify gifted students.
• Teachers developed guidelines for supports for ELLs in AP.
• Training is provided about twice exceptional students.
• Remove behavioral restrictions on gifted programs.
• All students will be screened and tested for advanced classes.

Analysis:

• The Superintendent did an excellent job of looking deeper into the data. The school community was doing a great job of inclusion in some areas - but had also created systematic barriers in the advanced classes.
• Students may not be denied access to advanced courses solely due to protected characteristics such as ethnic/linguistic background or disability.
• The school responded appropriately by coming into compliance with law and regulation. The strategies - such as a non verbal tests and removing unrelated behavioral restrictions  - will likely lead to more equitable placements.

Understanding the Nuances:

Make sure you do not oversimplify the issue in questions here.  Students may not be precluded from classes they are otherwise qualified for based on discrimination. Consider examples that illustrate the difference:

• For example, a student with dyscalculia who struggles with math computation and tests below grade level in math even with appropriate supports - is not entitled to be enrolled in accelerated math classes.
• A student has dyslexia, but has exceptional scientific reasoning, and scores all A's in science with the assistance of text to speech technology. The student should be enrolled in AP science and cannot be denied entry because of the disability.