ERIC Number: ED122980
Record Type: Non-Journal
Publication Date: 1974-May
Reference Count: N/A
Serna et al. v. Portales Municipal Schools et al.
Court of Appeals. Tenth Circuit.
The appellees, all Spanish surnamed Americans, contended that the appellants deprived them of their right to equal protection of the laws. After hearing all evidence, the trial court had ordered the Portales schools to submit a plan for remedial action within 90 days. Appellees thereafter filed a Motion for Hearing to hear their objections to the appellants' plan and to introduce their own proposed bilingual-bicultural program. After reviewing both parties' programs, the trial court entered final judgment, which included: all students in grades 1-3 receive 60 minutes per day bilingual instruction; a bicultural outlook be incorporated in as many subject areas as practicable; testing procedures be established to test the results of the bilingual instruction and adjustments made accordingly; and junior high students be tested for English language proficiency and, if necessary, further bilingual instruction should be available. Appellants appealed, positing two grounds for reversal: appellees neither had standing nor were suitable parties to maintain this suit as a class action; and failure to afford a program of bilingual instruction to meet appellees' needs did not deny them equal protection of the law when such needs were not the result of discriminatory actions. The U.S. District Court for the District of New Mexico (District Court No. 8994); Judges Hill, McWilliams, and Durfee) upheld the trial court's plan as just, equitable and feasible. (NQ)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: Court of Appeals. Tenth Circuit.