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Brooklyn Law Review

Abstract

While the number of English Learners (ELs) continues to significantly grow in the United States, the focus on their education is still severely lacking. During the No Child Left Behind (NCLB) era, the federal role in education greatly expanded, holding states accountable for their practices and ensuring academic proficiency. Even with the federal government’s expanded role ELs’ academic achievements did not improve and were further frustrated under the NCLB. In 2005, the Every Student Succeeds Act (ESSA) was introduced to ameliorate the harmful stain the NCLB left on education. Under the ESSA, the states regained both their autonomy and flexibility to address the specific educational needs of their students. Even so, ELs’ education may be harmed if federal involvement is lacking. This note proposes that the federal government should collaborate with the states and create uniform entry and exit requirements for ELs. Uniformity in this area is paramount, because it would permit states to effectively assess student skills, therefore promoting their integration into the educational settings.

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