Landmark Court Rulings Regarding English Language LearnersWright, W. E. (2010). Landmark court rulings regarding English language learners.
Article summarizes the following landmark cases:
Plessy v. Ferguson and Brown v. Board of Education: this was the 1896 case that determined “separate but equal” public facilities were constitutional (thus upholding state imposed Jim Crow laws) and the legal basis for segregation. This decision was overturned almost six decades later in Brown v. Board of Education.
Independent School District v. Salvatierra (1930), Alvarez v. Lemon Grove, and Méndez v. Westminster School District: the Salvatierra case, brought on by Mexican American parents, though not as well known, preceeded Before Brown v. Board of Education. In this case, the school district won its argument that in order to teach students English, segregation was necessary. However, for two simliar cases Alvarez v. Lemon Grove (1931) and Méndez v. Westminster School District (1947) this ruling did not hold.
Guey Heung Lee v. Johnson and Johnson v. San Francisco Unified School District is an example of a case where desegregation efforts complicated things. In this case Chinese Americans didn’t want students to have to integrate into ELL programs and leave their neighborhoold schools that offered bilingual instruction. After an appeal the court ruled against the Chinese Community.
It often proves difficult to balance between meeting unique needs and effectively integrating all students.