U.S. Supreme Court Cases

While the ESEA provides a legal framework for supporting ELs, a number of the provisions now in the law are codified based on court rulings. Below are some of the historical precedents which have codified the rights of ELs to an equal education.

Lau v. Nichols - equal access to education isn’t equal if it’s not in a language students can understand. Schools must ensure that students’ academic growth is not impacted by a language barrier.

Castañeda v. Pickard - clarified that while bilingual education isn’t required, districts must meet three requirements to demonstrate that their support program is serving ELs: The program must be based on a sound educational theory, implemented effectively with sufficient resources and personnel, and evaluated to determine whether or not it is effective.

Cintron v. Brentwood - ELs shouldn’t be segregated from their English speaking peers unnecessarily.

Plyler v. Doe - all students have the right to a free and equal education, regardless of their ability to prove their immigration status.

See Fact Sheet: Information on the Rights of All Children to Enroll in School for a summary of students’ legal rights.

Martinez v. Bynum - ELs not residing with their parents or legal guardians are still residents of a district and are entitled to a free and appropriate public education.