ERIC Number: ED215410
Record Type: Non-Journal
Publication Date: 1982
Reference Count: N/A
Judicial, Legislative, and Administrative Trends Since Lau v. Nichols.
Thomas, Stephen B.
This tenth chapter of a book on school law discusses the "Lau v. Nichols" ruling which held that the San Francisco (California) Unified School District was denying non-English-speaking students the opportunity to obtain an education. Also covered are "Lau's" case law progeny, related federal statutes, and resulting administrative regulations. The author describes the development of the Lau Remedies, the issue and retraction of the Lau Guidelines, and the present approach to bilingual education of the Reagan Administration. Several cases following "Lau" are reviewed to illustrate various interpretations of both requirements for school district compliance and the provision of appropriate remedies. The author concludes that the inconsistencies and contradictions that appear in the body of bilingual-related case law, statutes, and administrative rulings are partially the result of an evolving judicial philosophy. He suggests several trends that may provide direction for both educators and the courts. Generally, according to his analysis, a school district must take steps to eliminate language barriers, but how and where it provides services and which services it provides are discretionary. (Author/WD)
Descriptors: Bilingual Education, Compliance (Legal), Court Litigation, Elementary Secondary Education, English (Second Language), Equal Education, Federal Regulation, Non English Speaking
Not available separately; see EA 014 500.
Publication Type: Books; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: Lau v Nichols