Landmark Court Rulings Regarding English Language Learners

  • The Right of Communities to Teach Their Native Languages to Their Children

    in 1919, Nebraska passed the Siman Act, which made it illegal for any school, public or private, to provide any foreign language instruction to students below the 8th grade.
  • Stainback v. Mo Hock Ke Kok Po

    the state court struck down the statute, rejecting the state's claim and arguing that, at least for "the brightest" students, study of a foreign language can be beneficial. The case was decided on the basis of Farrington and, once again, had more to do with parents' rights in directing the education of their children than with language rights.
  • Brown v. Board of Education

    This decision declared the separation of Negro and White students to be unconstitutional and ordered desegregation of schools. Established the principle of equal educational opportunity for all students: "...where a state has undertaken to provide an opportunity for an education in its public schools, such opportunity is a right which must be made available to all on equal terms."
  • Title VI Civil Rights Act

    Prohibited discrimination in Federally funded programs. Subsequently cited in many court cases. Basically stated that a student has a right to meaningful and effective instruction.
  • Equal Educational Opportunity Act

    Provided definitions of what constituted denial of equal educational opportunity. Among them is "...the failure by an educational agency to take appropriate action to overcome language barriers that impede equal participation by students in an instructional program."
  • Civil Rights Language Minority Regulations

    Regulations including four basic components: Identification, assessment, services and exit. Requirement that bilingual instruction be given by qualified teachers.
  • Illinois vs. Gómez

    State responsibility includes establishing and enforcing minimums for implementation of language remediation programs; requirements for the redesignation of students from LEP to FEP (Fluent English Proficient) status.
  • Language Arts/Reading Content Standards

    These standards provide a framework for program design and development and purchase of supporting instructional materials.
  • A study by AIR/WestEd

    the impact of Proposition 227 after five years of implementation shows that assessment data do not show a significant difference in English-only versus bilingual education approaches to instructing English Language Learners.
  • SB 1174 (Lara) is passed

    is passed to place an initiative on the November 2016 election ballot to overturn most provisions of Proposition 227.
  • Memorandum

    The Department of Health, Education and Welfare (HEW) issued an interpretation of the Title VII regulations that prohibited the denial of access to educational programs because of a student’s limited English proficiency.
  • Farrington v. Tokushige

    the court offered further protections of after-school community language programs after attempts by education authorities to put restrictions on Japanese and Chinese heritage language programs.