The Condition of Minority Access and Participation in Arizona: 2004

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Notes and References 1 Brown v. Board of Education, 347 U.S. 483 (1954) (USSC+). Retrieved January 28, 2004, from http://supct.law.cornell.edu/supct/cases/349us294.htm 2 Title VI, Civil Rights Act of 1964 stipulates that No person in the United States shall, on the grounds of race, color or national origin…be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Retrieved January 29, 2004, from http://www.ed.gov/about/offices/list/ocr/docs/hq43e4.html 3 The Equal Opportunities Act of 1974 stipulates that No state shall deny an equal educational opportunity to an individual on account of his or her race, color, sex, or national origin, by…the failure of an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs. The complete U.S. Code reference is available at http://www4.law.cornell.edu/uscode/20/ch39schI.html 4 Lau v. Nichols, 414 U.S. 56 (1974) Retrieved January 28, 2004, from http://www.ncela.gwu.edu/miscpubs/lau/ 5 Plyler v. Doe, 457 U.S. 202, 102 S. Ct. 2382 (1982) Retrieved January 28, 2004, from http://caselaw.lp.findlaw.com/scripts/getcase.plcourt=US&navby=case&vol=457&invol=202 6 Castaneda v. Pickard, 648 F.2d 989 (5th Circuit 1981). Retrieved January 28, 2004, from http://www.stanford.edu/%7Ehakuta/Docs/castaneda.doc 7 Gomez v. Illinois, United States Court of Appeals for the Seventh Circuit 811 F.2d 1030 (1987). 8 Native American Languages Act of 1990 (P.L. 101-477, October 30, 1990). The Native American Languages Act (NALA) articulates policy of the United States to encourage and support the use of Native American languages for Native American language survival, equal educational opportunity, increased student success and performance, increased student awareness of their culture and history, and increased student and community pride. Complete text retrieved January 28, 2004, from http://www.ncela.gwu.edu/miscpubs/stabilize/ii-policy/nala1990.htm 9 I01-006 (R00-062) Attorney General Opinions Regarding the Application of Proposition 203 to Schools Serving the Navajo Nation. 10 Flores v. State of Arizona, United States District Court for the District Of Arizona 160 F. Supp. 2d 1043 (2000). 11 See: Arizona Department of Education (2001, September). Guidance Regarding the Implementation of A.R.S. §15-751 -755 and Flores Consent Order (CIV 92-596 TUC ACM). Retrieved January 28, 2004, from http://www.ade.az.gov/asd/downloads/EASQAfinal9-9-02.pdf 12 House of Representatives HB 2001: English learners; increase group B. Sponsors: Representatives Gray, Hanson, Marsh, Voss, et al. Retrieved February 9, 2004, from http://www.azleg.state.az.us/legtext/45leg/2s/summary/h.hb2011_11-29-01_judiciary.doc.htm 13 Proposition 203, English Language Education for Children in Public Schools, 2000. Retrieved January 28, 2004, from http://www.sosaz.com/election/2000/info/pubpamphlet/english/ prop203.htm#pgfId-1 14 Explained in Arizona Administrative Code, Article 3, Section R7-2-306. Retrieved January 28, 2004, from http://www.sos.state.az.us/public_services/Title_07/7-02.htm 5.20
15 Arizona Revised Statutes (A.R.S.) Title 15, Chapter 7, Article 3.1, A.R.S. §15-751 through 755 (English Language Education for Children in Public Schools) enacted in 2003. Retrieved January 28, 2004, from http://www.azleg.state.az.us/ArizonaRevisedStatutes.aspTitle=15 16 U.S. Department of Education. No Child Left Behind Act of 2001. Retrieved January 28, 2004, from http://www.ed.gov/policy/elsec/leg/esea02/index.html / 17 Arizona Department of Education. Arizona LEARNS. Retrieved January 28, 2004, from http://www.ade.az.gov/azlearns/ 18 Though recent developments with respect to the NCLB requirements have begun to ease the AYP requirements for limited English proficient students by excusing them from taking the test. This strategy relieves both students and schools from accountability. The unfortunate consequence for the affected students is that they fall through the cracks of the accountability system because they are omitted from the enrollment for the purposes of AYP. 19 U.S. Department of Education. No Child Left Behind Act of 2001, Title IV, 21 st Century Schools. Retrieved January 28, 2004, from http://www.ed.gov/policy/elsec/leg/esea02/pg51.html 20 U.S. Census (n.d.). State and County QuickFacts: Arizona Quick Links. Retrieved April 29, 2004, from http://quickfacts.census.gov/qfd/states/04000lk.html 21 U.S. Department of Education Office for Civil Rights (2000, May 22). Elementary and Secondary School Survey 2000. Washington, DC: Author. Retrieved May 3, 2004, from http://205.207.175.84/ocr2000 22 Western Interstate Commission for Higher Education (WICHE) (2003). Knocking at the College Door: Projections of High School Graduates by State, Income, and Race/Ethnicity. Retrieved March 4, 2004, from http://wiche.edu/policy/Knocking/1988-2018/profiles/az.pdf 23 According to the Office for Civil Rights (OCR), Gifted or talented programs are “special programs during regular school hours for students who possess unusually high academic ability or a specialized talent or aptitude such as in literature or the arts.” Advanced Placement courses are college-level courses, offered in high school, and taught by high school teachers and monitored by the Educational Testing Service (College Board). Students can earn college credit, based on their performance on the Advanced Placement Exam, which is administered at the end of the course. 24 Arizona Department of Education, Research & Policy Division, January, 2004. 25 Skiba, R., Michael, R., Nardo, A., & Peterson, R. (2000). The Color of Discipline: Sources of Racial and Gender Disproportionality in School Punishment. Bloomington, IN: Indiana Education Policy Center. Retrieved January 28, 2004, from http://www.indiana.edu/~safeschl/cod.pdf 26 The Office for Civil Rights tracks various types of disciplinary practices in schools: expulsion/total cessation of educational services, expulsion, suspension, and corporal punishment. Expulsion/total cessation of educational services means that the student, after expulsion from school, was not offered other educational services by either the school or the district. Expulsion means the exclusion of a student from school for disciplinary reasons that results in the student’s removal from school attendance rolls or that meets the criteria for expulsion as defined by the appropriate state or local school authority. Out-of-School Suspension means excluding a student from school for disciplinary reasons for one school day or longer. Suspension does not include students suspended from the classroom who, however, served the suspension in school. Corporal Punishment means paddling, spanking, or other forms of physical punishment imposed on a student. 27 Gregg, S. (1998). Schools for Disruptive Students: A Questionable Alternative Policy Briefs. Charleston, WV: Appalachia Educational Laboratory, Inc. 5.21
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