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1. The school's failure to provide
adequate English instruction
violates the equal protection
clause of the Fourteenth Amendment
because it deprives students
of the "equal protection
of the laws."
2. The school has not demonstrated
any justification for the exclusion
of these students from any educational
opportunity.
3. The school's failure to
provide adequate English instruction
violates the Civil Rights Act
of 1964, which bans discrimination
based "on the ground of
race, color, or national origin,"
in "any program or activity
receiving Federal financial
assistance."
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1. Each student comes to his
or her educational experience
with certain advantages and
disadvantages. The inability
to speak English is simply one
of those disadvantages, and
the Fourteenth Amendment imposes
no duty on the state to equalize
such differences. The school
also has no duty to address
the language needs of the students
because it did not cause such
deficiencies.
2. It is in the interest of
providing free public education
to conduct public schools in
English.
3. To be justly accused of
having acted in a discriminatory
manner, one must actively exclude
another from participation;
here the school had no intention
to discriminate against these
students and therefore should
not be held to have violated
the Civil Rights Act.
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