ERIC Number: EJ1020602
Record Type: Journal
Publication Date: 2014-Mar
Reference Count: 106
From Segregation to School Finance: The Legal Context for Language Rights in the United States
Powers, Jeanne M.
Review of Research in Education, v38 n1 p81-105 Mar 2014
In this chapter, the author reviews the legal trajectory of language rights in public schooling in the United States and how language has been intertwined with other policy issues in court cases aimed at expanding access and equity for minority students: desegregation and school finance. Most of these cases originated in the Southwestern United States where there were and continue to be critical masses of Latino students--largely Spanish speakers of Mexican descent--attending public schools. As an organizing frame for the chapter, the author expands Ruiz's (1984) framework for analyzing orientations in language policy. Her goal is to document and analyze the assumptions in legal arguments marshaled in these cases about how English language learners (ELLs) attending public schools should learn and be taught English and how students' home languages fit into those processes. She focuses on the legal opinions issued by federal and state courts because although courts do not create policy, they play an important role in the policymaking process.
Descriptors: Civil Rights, Court Litigation, Access to Education, Equal Education, School Desegregation, Spanish, Mexican Americans, Hispanic American Students, English (Second Language), Second Language Learning, Educational Policy, Second Language Instruction, Policy Formation, Native Language, Bilingual Education, Language of Instruction, Language Minorities, Educational History, State Legislation, Local Government, Educational Finance
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Publication Type: Journal Articles; Opinion Papers
Education Level: Elementary Secondary Education
Authoring Institution: N/A