The "Lau v. Nichols" Supreme Court case specifies two core responsibilities of schools -- and rights for students -- with regard to students classified as English learners (ELs): 1) opportunities to learn English; and 2) equitable access to grade-level content. Yet 50 years since "Lau's" passage, students' right to content may…

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…

This article documents the San Diego National Origin Desegregation Assistance Center (NODAC), one of the nine national centers established by the U.S. Office of Education to provide technical assistance to school districts cited under Section 601 of Title VI, from the Office for Civil Rights, to meet the Lau compliance requirement based on the Lau…

Through discriminatory policies and neoliberal practices, public institutions have historically marginalized low-wage migrants on the basis of race, ethnicity, class, and English-language ability. Under the Trump administration and Republican-led Congress, anti-immigrant practices and rhetoric have intensified. This paper explores the impact of…

How to address the educational needs of students with limited English proficiency (LEP) is a particularly challenging and often controversial endeavor. Failure to address the needs of students with LEP often results in denial of meaningful educational opportunities and leads to disproportionate representation in special education programs. This…

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…

Purpose: English learner (EL) education policy has long directed schools to address EL students' linguistic "and" academic development without furthering inequity or segregation. The recent Every Student Succeeds Act reauthorization expresses a renewed focus on evidence of equity, effectiveness, and opportunity to learn. We propose that…

The last several decades have made clear that large numbers of immigrants still see America as a land of opportunity--and this influx of students has had a strong impact on the K-12 educational system. Most of the million-pupil increase in the public school population in the decade between 2001 and 2011 is due to the increase in English language…

Online education has become an accepted part of the educational landscape over the past two decades. Digital resources are the norm in classrooms. The expectation is that all students will benefit from technology some way. In order for that to be the case, however, sometimes more overt action is needed to ensure that all students do in fact get…

This study investigates how teachers interact with immigrant-origin youth in school-based contexts of reception that mediate youth's educational opportunities. One understudied context is sheltered instruction, where English learners (ELs) are placed into separate content-area courses to target their linguistic needs. This qualitative study…

The purpose of this position paper was to explore the challenges faced by principals in creating equitable opportunities for English language learners (ELLs) in the United States. We questioned "To what extent are educational leaders encouraged to create environments that value cultural diversity and the promotion of English language…

Background:This study grew out of a recent Supreme Court case known as "Horne v Flores." The case began in 1992 in Nogales, Arizona when a 4th grade English learner (EL), Miriam Flores, sued the district and the state for failing to provide her (and other EL students) with an appropriate education as guaranteed by the Equal Educational…

Presents the text of a unanimous Supreme Court opinion delivered by Justice Douglas, as well as two separate concurring opinions, which granted non-English speaking Chinese students' petition for relief from unequal and unconstitutional educational opportunities resulting from an absence of English language instruction. (Author/SF)

In a question and answer format, this booklet describes the Lau v. Nichols decision in which the Supreme Court ruled that the San Francisco Unified School District was guilty of discrimination because non-English speaking students were not given special language instruction. The booklet presents the basis for the Lau decision, describing a…

The Lau v. Nichols decision and its implications for school districts are explained in this question and answer format paper. Lau compliance plans are described in full. The number of students necessary for development of a plan or program, what a Lau plan should include, and appropriate program types are detailed. (MK)