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									            Legal Obligations of the
            Juvenile Justice System
            for Limited English
            Proficient Youth
Sam Jammal
Legislative Staff Attorney
MALDEF
Rights & Obligations for LEP
Juveniles
   Two Bodies of Law to Consider:

     Legal   Protections and Obligations

     EducationalRights for Limited English Proficient
      (LEP) Students in the Juvenile Justice System
Legal Protections & Obligations
   Civil Rights Act of 1964

   Lao v. Nichols

   Executive Order No. 13166

   Dept. of Justice Implementation of Executive Order
    No. 13166
Civil Rights Act of 1964
   Section 601 provides that no       Section 602 authorizes and
    person shall “on the ground         directs federal agencies that
    of race, color, or national         are empowered to extend
    origin, be excluded from            federal financial assistance to
    participation in, be denied         any program or activity "to
    the benefits of, or be              effectuate the provisions of
    subjected to discrimination         [section 601] by issuing rules,
    under any program or activity       regulations, or orders of
    receiving Federal financial         general applicability."
    assistance."
Lao v. Nichols
   United States Supreme Court decision from 1974

   Holding: San Francisco school district required to
    provide linguistically appropriate accommodations for
    LEP persons

   Language is often used as a proxy for national origin
    discrimination, which is prohibited under the Civil
    Rights Act of 1964
Executive Order No. 13166
   Clinton Administration
     Signed   by President Clinton in August 2000

     Requires federal agencies to examine the services they
      provide to LEP persons and implement a system that
      provides meaningful access

     Federal Agencies must ensure recipients of federal funds
      provide meaningful access to LEP applicants and
      beneficiaries
          Recipients include law enforcement, courts and corrections agencies
Executive Order No. 13166
   Bush Administration
       Affirmed Clinton Administration Order in 2002

       Dept. of Justice (DOJ) has provided guidance for recipients of DOJ
        funds and other agencies in order to comply with the Executive Order

       Four-step Balancing Test for Meaningful Access
            Number of LEP persons eligible to be served or encountered
            Frequency of contact with LEP persons
            Nature and importance of the program to LEP persons
            Resources available, including costs of providing particular services for LEP
             persons
Meaningful Access for LEPs in the
Juvenile Justice System
   Meaningful access requirements apply to all LEP persons whether they be adult
    inmates, detainees, juveniles or persons involved in community corrections programs.

   When applying the four factors, recipients encountering juveniles should take into
    account that certain programs or activities may be even more critical and difficult to
    access for juveniles than they would be for adults.

   LEP persons do not have equitable access to services or benefits if they are charged a
    fee for language assistance services

   Language assistance services are a high priority whenever a LEP person receives
    instructions on matters affecting rights or responsibilities, such as Miranda warnings, or
    whenever a LEP person needs assistance related to personal safety or medical care
DOJ Bureau of Prisons
   Bureau of Prisons (BOP) administers and maintains correctional
    facilities for people placed in U.S. custody

   BOP provides Spanish-language program statements,
    orientations, statement of rules and procedures, and other
    documents because LEP inmates who speak Spanish represent
    over 5% of the total inmate prison population

   For smaller LEP communities, oral and written communications
    in their native language are provided on ad hoc basis
Educational Rights
   Every student has a right to a quality education
    regardless of whether they are in an alternative
    educational setting

   Quality alternative settings for juveniles are a means of
    rehabilitation and prevention of further juvenile
    delinquency

   Judicial and Statutory Protections
Judicial Protections for LEP
Students
   Mendez v. Westminster- 9th Circuit Court of Appeals (1947)
        Holding: Segregation of Mexican and Mexican American students into separate
         “Mexican” schools was unconstitutional

   Brown v. Board of Education- United States Supreme Court (1954)
        Holding: State laws that segregated black and white students are unconstitutional
         and deny black children equal educational opportunities

   Lao v. Nichols- United States Supreme Court (1974)
        Holding: School districts in this country are required to take the necessary
         actions in order to provide students who do not speak English as their first
         language the ability to overcome the educational barriers associated with not being
         able to properly comprehend what is being taught to them
Judicial Protections for LEP
Students (Cont.)
   Castañeda v. Pickard- 5th Circuit Court of Appeals (1981)
        Holding: Three Part Test for Bilingual Education Programs under the Equal
         Educational Opportunities Act
             The bilingual education program must be “based on sound educational theory.
             The program must be “implemented effectively with resources for personnel,
              instructional materials, and space.”
             After a trial period, the program must be proven effective in overcoming language
              barriers/handicaps.

   Alexander v. Sandoval- United States Supreme Court (2001)
        Holding: A regulation enacted under Title VI of the Civil Rights Act of 1964
         does not include a private right of action to allow private lawsuits based on
         evidence of disparate impact, as policies with a disparate impact on minorities are
         presumed to be unintentional discrimination
Statutory Protections for LEP
Students
   Bilingual Education Act of 1968
        Intended to provide funding for programs for LEP students
        Provided school districts the opportunity to provide bilingual education without violating segregation
         laws
        Merged in to the Elementary and Secondary Education Act

   Equal Educational Opportunities Act of 1974
        Prohibited discrimination against faculty, staff and students, including racial segregation of students, and
         requires school districts to take action to overcome barriers to students' equal participation
        Stated that language barriers must be overcome by instructional programming
        Castañeda provided guidance on quality bilingual educational programs

   No Child Left Behind Act of 2001
        Established accountability measures for LEP students under Title III
        Made schools responsible for LEP students regardless of whether these students are in regular or
         alternative school settings
        Required test scores for LEP students to be included in overall district scores
Current Challenge
   Many jurisdictions are still not receiving or
    seeking adequate technical assistance to
    implement integrated system changes to assist
    LEP youth

								
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