Compensatory Education is Available to English Language Learners Under the EEOA

Alabama Civil Rights and Civil Liberties Law Review, Forthcoming

50 Pages Posted: 28 Apr 2017 Last revised: 17 May 2017

Kevin Golembiewski

Eleventh Circuit Court of Appeals

Date Written: May 16, 2017

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) courts’ approach to 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 (May 16, 2017). Alabama Civil Rights and Civil Liberties Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2959896

Kevin Golembiewski (Contact Author)

Eleventh Circuit Court of Appeals ( email )

No Address Available

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