Equity in Education Legal Database v0.1
 

Related Laws and Acts

Equal Educational Opportunities Act

 

Castenada v. Pickard (1981)

Details:

Raymondsville, TX Independent School District (RISD) was brought to court under allegations of racial discrimination against Mexican-Americans by failing to provide adequate bilingual education. RISD provided bilingual education for grades K-3 using teachers trained in bilingual education and Spanish-fluent teacher aides. The aides were used until grade 5, and students in grades 4-12 had access to building learning centers, ELL classes, and tutoring. Plaintiffs claimed that the K-3 program, while including math and science, did not adequately provide instruction in these subject, that bilingual teachers were not adequately prepared, and that testing in English was not appropriate.

The Fifth Circuit Court found that no intent to discriminate could be shown in the bilingual education program. It was further found that the curriculum choices that overemphasized reading and writing in the early grades (but through time taken from naps, music, creative writing and physical education, not math and science as alleged) and providing remediation in math and science content later in the school career of the students constituted appropriate action. However, the court also found that the bilingual-trained teachers were inadequately prepared to teach in a bilingual setting because of limitations in their skill with the Spanish language and required the teachers to improve their ability through in-service trainings. The court also decided that testing in a bilingual program should be in Spanish, not English.

 

Applications and Implications:

  • The court devised a three-part test for determining Equal Educational Opportunities Act compliance and appropriate action:
    • Programs must be based in recognized and accepted educational theory or legitimate experimental strategies
    • Effective implementation of theories and strategies must be shown.
    • Language barrers must be shown to be actually overcome.
  • School staff with bilingual education training should be regularly improving language skills through in-service training.
  • Standardized testing for limited-proficiency students should be in the native language of that student.

 

Imber, Michael and Tyll van Geel (2004). Education Law (3rd ed.). Mahwah, MJ: Lawrence Erlbaum Associates, p. 293-301.
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