Using the theoretical framework of interest convergence, this document analysis explores the legacy of Lau v. Nichols as a gateway to instructional programs for classified English learners in the state of Massachusetts that maintain the hegemony of English as the primary goal of schooling. Findings reveal that interest convergence is an organizing…

Title VI of the Civil Rights Act of 1964 prohibits federally funded programs, activities, and institutions from discriminating based on race, color, or national origin. In its current form, Title VI remains largely unchanged since its adoption. Unlike the Civil Rights Act's better known and more heavily litigated provisions, Title VI is concerned…

As the American Psychological Association and Division 15 committed to addressing systemic racism after the 2020 summer of racial reckoning, orchestrated political attacks that vilify pedagogical approaches aimed at addressing racial injustice have thwarted schools' efforts across the nation. Against this context, the overarching aim of this…

Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

Simply put, charter schools have not lived up to their advocates' promise of equity. Using examples of tangible civil rights gains of the twentieth century (e.g. "Brown v. Board," "Lau v. Nichols") and extending feminist theories of invisible labor to include the labor of democracy, the authors argue that the charter movement…

This article is an analysis of the educational implications of the Supreme Court (USSC) decision in "Horne v. Flores" (2009). The USSC remanded the Arizona case to the lower court, requiring a rehearing of petitioners' request for relief from the court's oversight of AZ's "structured English immersion" (SEI) program mandated…

The Arizona English Language Learners Assessment (AZELLA) is used by the Arizona Department of Education to determine which children should receive English support services. AZELLA results are used to determine if children are either proficient in English or have English language skills in one of four pre-proficient categories (pre-emergent,…

In the Horne v Flores Supreme Court decision of June 25, 2009, the Court wrote that one basis for finding Arizona in compliance with federal law regarding the education of its English learners was that the state had adopted a "significantly more effective" than bilingual education instructional model for EL students --Structured…

The Supreme Court's decision in "Lau v. Nichols," Title VII of the Elementary and Secondary Education Act, and other related federal legislation are all directed toward promotion of equal educational opportunity for children whose primary language is not English. These efforts are not well-coordinated by the federal agencies charged with…

There is no final answer to the question of whether a school district with non-English-speaking students has a legal obligation to provide a bilingual-bicultural education for those students. School districts subject to the provision of Title VI of the Civil Rights Act of 1964 may be required to provide the Office of Civil Rights with a plan for…

The purpose of this guide is to inform Colorado school districts of their responsibilities in providing equal educational opportunities to all students. By following the directions outlined here, a district can comply with state and federal regulations regarding sex discrimination, civil rights discrimination, and the rights of non-English…

This newsletter contains seven articles related to the educational rights of culturally diverse language-minority students. "20 Years after Lau: In Pursuit of Equity Not Just a Language Response Program," by Alicia Salinas Sosa, points out that educational responses to Lau vs. Nichols have been minimum-compliance programmatic responses…

This book traces the history of the Chinese experience in America, particularly in the San Francisco area, from the California Gold Rush era of the 1850s to the construction of a new all-Chinese school in San Francisco's Chinatown district in the 1950s. The first five chapters of the book detail the withholding of school privileges from both…

This document reviews the arguments and the ruling in the Lau v. Nichols case, and the general legal foundation for bilingual education. On March 25, 1970, a suit was filed by 13 non-English-speaking Chinese students in the District Court in San Francisco, on behalf of nearly 3,000 Chinese-speaking students, against the San Francisco Unified…