The learn act: A bipartisan legislative proposal to advance educational opportunities for immigrants and English learners

Immigrants and English learners (“ELs”) have consistently faced overwhelming odds in attaining a sound, basic education in the United States. Today, both groups are subject to systemic discrimination and face lower than average high school graduation and college matriculation rates. This is despite the fact that nearly fifty years ago, the Equal Educational Opportunities Act (“EEOA”) was passed to ensure that no child was discriminated against in the pursuit of his or her education. Recognizing the ever-present challenges that immigrants and ELs face, this Note offers a bipartisan legislative proposal to usher in a new era of educational opportunity for these and all other students. This Note begins with an examination of early legislative and litigation efforts meant to advance opportunities for immigrants and ELs. It then discusses the important role that the EEOA, Casta?neda v. Pickard, and Plyler v. Doe played in advancing the rights of immigrants and ELs. After discussing these landmark advancements, the Note analyzes subsequent litigation and policy battles, which have only increased the need for action at the federal level. Finally, this Note ends by offering a concrete bipartisan policy proposal via the Language Education And Rights Navigation (“LEARN”) Act. The LEARN Act seeks to rectify the incomplete promises of the EEOA, Casta?neda, and Plyler by: 1) expanding EEOA and Plyler protections to all education levels, including pre-K and college education; 2) codifying enhanced Casta?neda standards into federal law; and 3) providing funds to states and local education agencies for new language and trauma-sensitive education measures that can be used to benefit students of all backgrounds. Ultimately, the passage of this Act would advance educational opportunities for immigrants, ELs, and all other students in the U.S. education system.