Bilingual Education in California: Historical and Legal Perspectives

This article was written as one of the assignments in the Language and Language Development course in CLAD Through CTEL Program of the University of California San Diego Division of Extended Studies.

With the United States’ long history of equal opportunities and human rights protection as reflected in various constitutional amendments, legislations, and landmark decisions by the Supreme Court, it is no wonder that bilingual education has a history that traces back to the 1970s. The Lau vs. Nichols is one of the landmark cases that reinforced equitable access to quality education with the Supreme Court’s unanimous ruling citing that a California school district receiving federal funds must provide non-English-speaking students with instruction in the English language to ensure that they receive an equal education (Bon, 2023). Citing the Fourteenth Constitutional Amendment’s equal protection clause and Section 601 of the Civil Rights Act of 1964, this landmark ruling reiterated the legal provisions prohibiting discrimination based on race, color, or national origin in any program or activity receiving federal financial assistance (Bon, 2023). The said decision has led to the establishment of remedies to eliminate past educational practices that are deemed unlawful under the Lau vs. Nichols case. The remedies include methods of identifying the students’ primary or home language, diagnosing students’ needs and prescribing appropriate educational programs to address the needs, implementation of appropriate educational programs, inclusivity in required and elective courses, requiring training for instructional personnel, use of the student’s primary language when notifying parents, and prohibiting the establishment of racially or ethnically identifiable schools even if they are in response to language characteristics of the students (Baker and de Kanter, 1983). 

The Lau vs. Nichols decision played a crucial role in advancing educational equity in the United States and it continues to be an important precedent for legislation and policies that ensure that all students have access to high-quality education. The decision led to the creation of bilingual education programs in many schools across the country, and it helped to raise awareness of the importance of language access and equal educational opportunity for all students (Zehr, 2007). By recognizing that language barriers could be a form of discrimination, the Supreme Court helped to lay the groundwork for future legal challenges to discrimination. 

Another legal ruling that had significant implications for education equity in California was the California Williams Decision which resulted in several key reforms including requirements that all schools provide textbooks and instructional materials that are current and aligned with state standards, that schools maintain clean and safe facilities, and that all students have access to qualified teachers. These reforms were designed to address longstanding disparities in educational resources between high-income and low-income schools and to ensure that all students in California have the opportunity to receive a high-quality education. 

The Lau vs. Nichols and Williams vs. California, along with the other federal and state legislations have paved the way to the establishment of a more comprehensive roadmap for English Language Learners thereby giving everyone better and more equitable chances for inclusive and high-quality education. In 2017, the California EL Roadmap Policy was established to support the academic success of English learners in California schools by providing guidance to educators, families, and other education stakeholders on how to create inclusive and equitable learning environments that meet the needs of English learners.

References:

Baker, K.A. & de Kanter, A.A. (1983). Bilingual Education: A Reappraisal of Federal Policy. Lexington, MA: D.C. Heath.

Bon, S. C. (2023, May 1). Supreme Court of the United States. Encyclopædia Britannica. Retrieved April 30, 2023, from https://www.britannica.com/topic/Supreme-Court-of-the-United-States

California Department of Education (2018). California English Learner ROADMAP: Strengthening Comprehensive Educational Policies, Programs, and Practices for English Learners. https://www.cde.ca.gov/sp/el/rm/elroadmappolicy.asp 

The Williams case -- an explanation. The Williams Case -- An Explanation - Williams Case (CA Dept of Education). (n.d.). https://www.cde.ca.gov/eo/ce/wc/wmslawsuit.asp

Timar, T. (2005). Exploring the Limits of Entitlement: Williams v. State of California. Peabody Journal of Education, 80(3), 126–153. http://www.jstor.org/stable/3497045 

Zehr, M. A. (2007, November 6). Examining the impact of Lau V. Nichols. Education Week. https://www.edweek.org/education/examining-the-impact-of-lau-v-nichols/2007/11