LANCASTER, Pa. — Education advocates are suing the Lancaster School District, saying it is violating state and federal law by refusing to enroll immigrant students with limited English proficiency in regular high school.

A lawsuit filed in federal district court Tuesday accused the district of either refusing to enroll 17- to 21-year-old, non-English-speaking refugees at all, or diverting them to a privately operated school for underachieving students. According to Maura McInerney, senior staff attorney with the Education Law Center, vulnerable students with intensive language shortfalls are not getting what they need.

"They're not provided with rigorous ESL (English-as-a-Second-Language programs), to which they are entitled,” McInerney said. "They're also not modifying the curriculum to ensure that these students are receiving instruction."

The district said it is meeting all legal requirements, adding English language instruction is available at the alternative school. The plaintiffs in the suit include refugees from Somalia, Sudan and Myanmar who have fled war, violence and persecution in their home countries.

According to McInerney, J. P. McCaskey High School - the regular district high school in Lancaster - has a special program designed for such students, but those who insist on being allowed to enroll are routinely sent to Phoenix Academy, the alternative school.

"Students at Phoenix Academy are subject to pat-down searches,” McInerney said. “They're prohibited from bringing their belongings into school. They have to wear colored shirts that correspond with their behavior."

She said many immigrant students with limited English end up dropping out of school altogether.

The lawsuit asked the court to ensure that all students with limited English proficiency be allowed to enroll directly in the school district, and that they be allowed to receive their education at the regular high school.

"We think that all of these students are legally entitled to equal educational opportunities, that would be provided at McCaskey,” McInerney said.

Two similar lawsuits have been filed in New York and Florida in the past 15 months.

For more on the lawsuit, visit aclupa.org.




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Thousands of educators from across the nation will be in Houston starting this weekend for the American Federation of Teachers annual convention.

Before things get underway Monday, more than 100 education professionals will spend some time doing service projects in the Houston area. Sunday, teachers will restore three homes in the city's historic Fourth Ward Freedmen's Town, established by freed Black families in 1865.

Zeph Capo, president of the American Federation of Teachers-Texas, said it is important to preserve history during a time when many people are trying to erase it.

"Students in Houston complete their public-school education and may never know the story of the individuals that established this area within their own city," Capo cautioned. "Because it's not something that is prioritized, it's certainly not something that the state Board of Education has said is important."

In the 1920s and '30s, the Fourth Ward neighborhood was dubbed Houston's Black Wall Street. Educators will also revitalize a community space where a historic church once stood, and will re-rock the prayer labyrinth.

Also on Sunday, educators will host a free clinic to help lawful permanent residents apply for U.S. citizenship. Volunteers will help people fill out the N-400 application and immigration lawyers will be in attendance to answer questions. Capo noted sometimes, educators need to step outside the classroom.

"The purpose of our work, teaching the fundamentals -- the ABCs and the 123s -- but it really is, as a public service is intended to create educated, critical thinking citizens that are able to carry out the running of our country," Capo emphasized.

Capo added Texas educators have held similar citizenship clinics across the state and this weekend's event will be used as training for teachers from other regions.

Postsecondary enrollment data for 2023 shows community college enrollment increased nationwide by more than 100,000 students, and a large percentage of them were from lower-income neighborhoods.

Tonya DeWitt, director of TRIO programs at Western Nebraska Community College, said the number of their students who qualify for the federally funded program designed to help students with economic and other challenges has increased.

TRIO students must be a first-generation college student, have a household income not exceeding 150% of the federal poverty guideline or have a disability. Participants receive academic assistance, and DeWitt pointed out many benefit from the Growth Mindset program.

"Instead of, 'I can't do it,' 'Well, you can't do it right now, sure, but you can,'" DeWitt explained, as an example of thought exercises to help students build a positive mindset. "And all those negative, immediate, 'Oh well, no, I can't do nursing.' 'Well, why is that?' 'I just can't?' 'Well, that's not true, so let's get to the bottom of it. Let's see what it is that's keeping you from being able to be successful.'"

DeWitt noted the academic supports include in-person tutoring, 24/7 virtual tutoring, study guides and online programs assisting with writing and research. She added the nursing program is very popular with TRIO students but interest in the college's offerings in the trades is also growing.

DeWitt emphasized the ability to access tutoring any hour of the day or night, including holidays, is huge for some of their TRIO students.

"We make sure that our students who are on the road with sports can access it while on the road, while they're doing their homework on the bus," DeWitt observed. "We have the ones that are single parents. In the middle of the night, that's when they're doing their homework."

Roughly 10% of the school's TRIO students are single parents and eligible for their Single Parents in Network, or SPiN program. It helps them with personal, academic and career issues. They can also access a "necessities" pantry in addition to the college's food pantry.

"Detergent or cleaning supplies for the house to make sure that it's a clean place for their children. We offer diapers and baby stuff, and we give backpacks to their kids so they can go to school," DeWitt outlined. "We offer some educational supplies for all students, but also others for our SPiN participants."

The Institute for Women's Policy Research reported a large percentage of college students who are parents face "enormous barriers to academic success," many of them economic.

Support for this reporting was provided by Lumina Foundation.


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Advocates for academic freedom are battling in court against Florida's claim a professor's speech is government speech, allowing them to prevent criticism of the governor.

Arguments in the U.S. Court of Appeals' 11th Circuit last month raised alarms when prominent attorney Charles J. Cooper, representing Florida, said the state can "insist that professors not espouse and endorse viewpoints contrary to the state's."

Adriana Novoa, professor of Latin American history at the University of South Florida, is challenging the "Stop WOKE" Act and warned people should be very concerned.

"It's indoctrination, which is ironic because that's what they say we are doing right now," Novoa pointed out. "Basically any governor -- it's not only about this one -- any governor in the future can decide what will be the viewpoints that will be promoted in the classroom."

The Stop WOKE Act, struck down but under appeal, banned school instruction and workplace training, suggesting privilege or oppression based on race, sex or national origin.

Gov. Ron DeSantis criticizes DEI programs focusing on race and sexual orientation, claiming they are unconstitutional and discriminatory and has passed laws to prevent discomfort or guilt around such topics.

Henry Reichman, professor emeritus of history at California State University-East Bay and former vice president of the American Association of University Professors, said academic freedom is a professional standard honored by reputable universities. He cautioned Florida's approach is unprecedented and dangerous.

"This notion that the faculty member is nothing more than a spokesperson for the government, that the government is the ventriloquist behind the scenes pulling the strings of the professor, then you don't have education; you have propaganda, indoctrination," Reichman contended.

Despite DeSantis' ongoing campaign against what he calls "indoctrination," a term he frequently uses at rallies and this week's Republican National Convention, the state's appeal of the Stop WOKE Act, or Individual Freedom Act, has raised concerns among academics and civil rights organizations about the lengths the state is willing to go to limit freedom of thought in classrooms.

Support for this reporting was provided by Lumina Foundation.


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