Although current and former English Learner (EL) or "ever-EL" students comprise one of the fastest-growing K-12 populations, we still know relatively little about the factors that influence their college-going. Using Perna's seminal college-going model as a launching point, we propose a policy-driven empirical approach to explore how…

The Bilingual Education Act of 1968 and the Lau v. Nichols Supreme court case (1974) have changed the way school districts prioritize education for English Learners. With the same intention to prioritize education for English Learners alongside foster youth and low income, former Governor Jerry Brown and the California legislature followed suit by…

Although translation may be considered the "sine qua non" of bilingual legislation, the perceived authenticity and equivalence of different language versions of the same law are contingent on the disavowal of translation. Yet precisely because of such disavowal, translated versions of law are paradoxically valorized as equal in meaning…

As the 1968 Bilingual Education Act (BEA) reaches its 50th anniversary, we provide a critical historical review of its contradictory origins and legacy. By distilling the BEA's history into three periods that we label "power to the people," "pride for the people," and "profit from the people," we demonstrate that the…

Is the U.S. Supreme Court inviting litigants to take aim at unraveling injunctions in institutional reform litigation--especially consent decrees in the schools? In "Horne v. Flores" (2009), the court remanded a 17-year-old school reform case to a federal judge with orders to look beyond consent decrees on financing, reducing class…

Despite the long history of multilingualism in the U.S., language rights debates have tended to center almost exclusively on the acquisition of English as an issue of equity for citizens who are speakers of other languages. Policies advanced in the name of "access" and "equity" continue to frame English as the only viable means…

When the 93rd Congress enacted the Equal Education Opportunity Act of 1974 (EEOA), it required states to take appropriate action to overcome language barriers that inhibited equal education participation by their resident students. An examination of the EEOA legislative testimony suggests elected officials established the law to set forth…

Little research currently examines language instruction educational programs (LIEPs) in states with a more recent growth of the Latino English learner population. To meet this need, the authors examined the content each of the state LIEPs, focusing chiefly on the extent to which the types of language support, as well as the stipulations associated…

This article explores citizenship's multiple meanings in Los Angeles by describing five different types of Americanization, or immigrant education, in the city of angels from 1910 to 1940. The federal racialization of access to citizenship influenced these alternative approaches to Americanization at a local level. In the context of Supreme Court…

Approximately five million English Language Learners (ELLs) attend public schools in the United States. Because the majority of ELLs tend to live in immigrant families, schools become the means to provide ELLs with the English skills necessary to be competent in school and in life. Federal and state policies regarding instructional arrangements…

Background: 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…

In a companion article, we considered legal issues in language and culture in private schooling in two U.S. contexts: "Silva v. St. Anne Catholic School" and "Doe v. Kamehameha Schools". In this article, we consider the facts and findings of these two cases under the human rights and antidiscrimination legal frameworks of…

In this chapter, the author reviews the legal trajectory of language rights in public schooling in the United States and how language has been intertwined with other policy issues in court cases aimed at expanding access and equity for minority students: desegregation and school finance. Most of these cases originated in the Southwestern United…

This article provides an analysis of Arizona's policy response in educating English language learners by conducting a narrative review. A critical Latina/o theory approach was used to analyze the data. This study reveals 5 salient policy responses: (a) severely limit bilingual education, (b) develop controversial funding solutions, (c) implement a…

As rural Appalachian schools in Ohio in the United States struggle to overcome institutional bias and lack of understanding to accommodate the needs of the growing population of immigrant students from diverse countries, immigrant parents struggle to fit into a new cultural environment and to secure the best education for their children. This…