Brown v. Board of Education
347 US 483 (1954)
Brown II
349 US 294, 301 (1955)
Foster, W.P. “Bilingual Education: An Educational and Legal Survey” Journal of Law and Education 5:149-71 April ‘76.
for a discussion of the differences between assimilationist and pluralist goals in bilingual education.
Gray, John Chipman
The Nature and Sources of the Law
, 2nd edition, New York, The MacMillan Co. 1921.
an old classic that gives most scholarly attention to the long history of law, from the Greeks, Romans, Hebrews, morality; covers all sources of law; excellent background, but can be very dry.
Grubb, Erica Black
“Breaking the Language Barriers: The Right to Bilingual Education” Harvard Civil Rights Law Review 9-52-94 Jan. ‘74.
compulsory school attendance with incomprehensible instruction is a deprivation of liberty without due process of law; contains excellent statistics on the number of school age children from non-English speaking homes (over five million), with only 112,000 (2.2%) enrolled in bilingual; great number of cross-references in the footnotes; can lead to further research.
Guadalupe Organization Inc. v. Tempe Elementary School
District No. 3
587 F 2d 1022 (9th Cir. 1978)
a case where the court found that bilingual programs were not constitutionally mandated, but up to local school district
Gunther, Gerald
Constitutional Law: Cases
and
M
a
terials
9th edition Mineola, N.Y. The Foundation Press 1975.
the definitive textbook in constitutional law; bottomless source of cases and information
HEW Task Force Findings Specifying Remedies Available for Eliminating Past Educational Practices Ruled Unlawful Under Lau v. Nichols (Aug. 11, 1975)
commonly known as the Lau Remedies; involves classifying students according to language dominance to insure that non-English proficient children receive bilingual education
Holmes, Joseph
“Bilingual Education: Serna v. Portales Municipal Schools”
New Mexico Law Review 5-321-333
a scholarly comment in the state law school where the case took place; many excellent cross-references
Kluger,
Simple Justice
an excellent narrative of the injustices of segregation leading up to Brown v. Board; interesting anecdotes of the South; the detailed history of Brown v. Board.
Lau v. Nichols 414 US 563
a statutory decision in favor of bilingual education based on Title VI of the 1964 Civil Fights Act
Marbury v. Madison 1 Cranch 137 , 2 L.Ed. 60 (1803)
the right to judicial review
May 25, 1970 Memorandum HEW
35 Fed. Reg. 11595 (1970)
specific order to remedy language deficiencies to provide equal educational opportunities
Mendez v. Westminister 64 F. Supp. 544 (1946)
court found it illegal to segregate Mexicans in Mexican only schools, and Anglos in Whites only schools; separate but equal inherently unequal
Meyer v. Nebraska 262 US 390, 401 (1923)
court ruled cannot deprive one of useful occupation without due process of law; right of pupils to acquire knowledge; right of parents to control their children education
“Rodriguez Revisited: Federalism, Meaningful Access, and the Right to Adequate Education” Santa Clara Law Review 20:75 v-121 Winter 1980.
a scholarly comment in law journal about the issues involved in the financing equalization case in Texas; discusses minimal/adequate education v. equal education
San Antonio Independent School District v. Rodriguez 411 US 1, 16-17 (1973)
the school finance equalization case
Serna v. Portales Municipal School District 499 F. 2d 1147, 1154 (10th Cir. 1974)
the landmark case that decided that not providing bilingual education is a violation of rights under the equal protection clause of the fourteenth amendment
“The American Court Systems” handout, Constitutional Law seminar, Yale-New Haven Teacher Institute, 1982.
an overview of the structure and jurisdictions of state and federal courts; explains the dual system of courts in the United States
“The Constitutional Right of Bilingual Children to an Equal Educational Opportunity” So. California Law Review 943, 979-85 (1974)
another look at the Lau, and Serna cases with background information on the history of bilingual education and English language statutes
Title VI Civil Rights Act of 1964 42 USC ¤2000d (1976)
the statute used in the Lau decision; prohibits discrimination in school districts receiving federal funds
Title VII The Bilingual Education Act &&701-751, 20 USC &3221-3261 Supp. 1979
legislation declaring bilingual education to be the policy of Congress and granting federal funds for bilingual education