Compensatory Education Is Available to English Language Learners Under the EEOA

Alabama Civil Rights and Civil Liberties Law Review, Vol. 9, 2018

36 Pages Posted: 28 Apr 2017 Last revised: 7 Mar 2018

Kevin Golembiewski

Berney & Sang

Date Written: 2018

Abstract

The Equal Educational Opportunities Act (EEOA) guarantees English Language Learners equal educational opportunities. That promise, however, has not been realized. One factor contributing to this failure appears to be that courts have yet to recognize the full scope of relief permitted by the EEOA. In particular, courts have not recognized that the EEOA permits awards of compensatory education — a powerful tool for remedying deficits that develop when a student’s educational rights are infringed. That the EEOA allows compensatory education awards is confirmed by (1) precedent awarding compensatory education under the Individuals with Disabilities Education Act and (2) the EEOA’s school desegregation roots. Given the litigation history of the EEOA, courts’ delay in recognizing compensatory education is understandable. But moving forward, compensatory education should be a mainstay of EEOA litigation.

Keywords: education law, civil rights, English Language Learners

Suggested Citation

Golembiewski, Kevin, Compensatory Education Is Available to English Language Learners Under the EEOA (2018). Alabama Civil Rights and Civil Liberties Law Review, Vol. 9, 2018. Available at SSRN: https://ssrn.com/abstract=2959896

Kevin Golembiewski (Contact Author)

Berney & Sang ( email )

1628 JFK Blvd. Suite 1000
Philadelphia, PA 19103
United States

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