Landmark Court Rulings Regarding English Language Learners

Introduction

• Wayne Wright summarizes significant U.S. court cases impacting English Language Learners (ELLs).
• Focus on segregation, rights to native language education, and ELLs' educational needs.

Important Court Decisions and Legislation

• Historical reluctance to provide equitable education for ELLs and minorities.
• Lawsuits have led to changes shaping current policies.

The 14th Amendment

• Ratified in 1868; includes due process and equal protection clauses.
• Basis for many cases involving language rights and ELL education.

Addressing Segregation

Plessy v. Ferguson (1896) & Brown v. Board of Education (1954)

• Plessy: "Separate but equal" facilities; overturned by Brown, which mandated equal educational opportunities for all races.

Other Segregation Cases

• Independent School District v. Salvatierra (1930): Segregation justified for English teaching.
• Alvarez v. Lemon Grove (1931) & Méndez v. Westminster (1947): Segregation seen as harmful to English language development.

Guey Heung Lee v. Johnson (1971) & Johnson v. San Francisco Unified School District

• Desegregation orders conflicted with bilingual education programs.
• Court ruled generally in favor of desegregation.

The Right to Teach Native Languages

Meyers v. Nebraska (1923)

• Challenged Nebraska's restriction on foreign language instruction.
• Supreme Court ruled in favor of private language education.

Farrington v. Tokushige (1927)

• Protected Japanese and Chinese heritage language programs in Hawaii.

Stainback v. Mo Hock Ke Kok Po (1947)

• Supported parental rights in directing children's education.

Impact of War and Xenophobia

• Decreased language education due to fears of disloyalty.

Linguistic and Educational Needs of ELLs

• Controversies since 1970s over appropriate education.

Key Rulings

Lau v. Nichols (1974)

• Landmark case for ELL education; led to creation of "Lau Remedies."
• Stressed equality of educational experience beyond just equal facilities.

Supporting Bilingual Education

United States v. Texas (1971, 1981)

• Ordered development of bilingual programs for Mexican American students.

Serna v. Portales (1974)

• Required expansion of bilingual programs in New Mexico.

Aspira v. New York (1975) & Rios v. Reed (1978)

• Mandated transitional bilingual programs; highlighted inadequacies in existing programs.

Eroding Support for Bilingual Education

San Antonio Independent School District v. Rodriguez (1973)

• No constitutional right to education; implications for bilingual education.

Flores v. Arizona & Williams v. California

• Addressed funding inadequacies; resistance to court orders for better ELL support.

Castaeda v. Pickard (1981)

• Established the Castaeda standard for assessing ELL programs.

Recent Lawsuits and Voter Initiatives

• Various challenges to bilingual education from 1995 to 2001.
• Highlighted the tension between legal decisions and public opinion.

Summary

• Court rulings significantly influenced ELL policy but did not mandate specific educational models.
• Schools must teach both English and academic content to ELLs.
• Ensuring compliance with legal requirements is crucial for ELL programs.

Acknowledgements

• Supported by the Carnegie Corporation; views are the responsibility of the authors.