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Lau v. Nichols, the Ruling
Editor's Note: This entry summarizes the ruling of the U.S. Supreme Court in Lau v. Nichols. This case is multifaceted. For a more complete explanation of the impact and significance of the case, please consult the entries listed under “See Also …” and the text o/Lau v. Nichols reproduced in Appendix C
In 1974, the U.S. Supreme Court handed down a landmark decision in Lau v. Nichols. The Court ruled that Chinese-speaking students in San Francisco had a right to a better education than they were currently receiving, that the San Francisco Unified School District was responsible for providing them a more “meaningful” education, and that the Office for Civil Rights (OCR) of the U.S. Department of Education had the authority to compel the San Francisco Unified School District to provide such a program. More than 30 years after this historic decision, it continues to be widely discussed by experts and stakeholders, many of whom believe that the promise of the Lau decision has not yet been fulfilled.
The U.S. Supreme Court has dealt only infrequently with issues of language and language policy. In its history, only a handful of cases involving language have been decided by the Court. This is hardly surprising given the overwhelming prevalence of English in U.S. society. With the exception of Spanish, which is spoken by more than 30 million Americans, few languages are likely to have a continuing effect on as many cities and regions of the country during this century. The language group involved in the Lau case was a group of Chinese-speaking students attending the San Francisco schools. At the beginning of the 21st century, Chinese is the second-largest language community in the United States, second only to Spanish.
This entry describes fundamental concepts and issues of the ruling, the significance of the case, and recent developments regarding the case.
Fundamental Concepts and Issues
The decision by the Supreme Court to hear Lau v. Nichols on appeal from the Ninth Circuit Court in San Francisco was not made to resolve a language policy issue but, rather, a civil rights issue. During its 30-year history, the Lau case has come to be viewed as an important statement of equity for millions of public school students who come to school speaking languages other than English. The case was not intended to be dispositive on the question of whether bilingual education is preferable to English as a Second Language (ESL) or vice versa, even though the case became inextricably embroiled in that debate. The Lau case was concerned with civil rights rather than language rights. The ruling made it abundantly clear that school leaders and policymakers are required to operate school programs with due cognizance of the requirements of Title VI of the Civil Rights Act of 1964, a measure that has now undergone modification by the more conservative justices who were subsequently appointed to that Court.
Several legal concepts are important for a full understanding of the current and future status of Lau, Title VI of the Civil Rights Act (CRA) of 1964, and related topics. Among the most important of these are “disparate impact,” “private right of action,” “coexten-siveness,” and “intent to discriminate” under the Equal Protection Clause. The future of civil rights protection under Lau and Title VI of the CRA will continue to evolve because of the impact of these terms and others. Interested readers are urged to consult legal sources to remain abreast of developments in this area.
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- Family, Communities, and Society
- Accommodation Theory, Second-Language
- Americanization and its Critics
- Attitudes toward Language Diversity
- Benefits of Bilingualism and Heritage Languages
- Bilingual Education in the Press
- Easy and Difficult Languages
- English in the World
- English-Only Organizations
- Heritage Languages in Families
- Hidden Curriculum
- Hispanic Population Growth
- Home/School Relations
- Immigration and Language Policy
- Language Brokering
- Language Loyalty
- Language Restrictionism
- Nationality-Culture Myth
- One Person-One Language (OPOL)
- Peer Pressure and Language Learning
- Raising Bilingual Children
- Spanish Loan Words in U.S. English
- Spanish, Decline in use
- Spanish, The Second National Language
- Transnational Students
- Views of Language Difference
- History
- Americanization and its Critics
- Boarding Schools and Native Languages
- Defense Language Institute
- Early Bilingual Programs, 1960s
- Early Immigrants and English Language Learning
- Equity Struggles and Educational Reform
- German Language Education
- German Language in U.S. History
- Languages in Colonial Schools, Eastern
- Languages in Colonial Schools, Western
- Latino Civil Rights Movement
- National Education Association Tucson Symposium
- Nationalization of Languages
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- President's Commission on Foreign Language and International Studies
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- Southeast Asian Refugees
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- Vietnamese Immigration
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- Literacy and Biliteracy
- Multicultural Education
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- P.S. 25, New York City's First Bilingual School
- Phonics in Bilingual Education
- Program Goals, Purpose of
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- Spanish, Proactive Maintenance
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- Whole Language
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- Accents and Their Meaning
- Affective Filter
- Baby Talk
- BICS/CALP Theory
- Bilingualism Stages
- Chinese in the United States
- Chinese Language Study, Prospects
- Code Switching
- Cognates, True and False
- Compound and Coordinate Bilingualism
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- Container Theory of Language
- Continua of Biliteracy
- Critical Languages for the United States
- Critical Period Hypothesis
- Discourse Analysis
- Ebonics
- English, First World Language
- First-Language Acquisition
- Indigenous Languages, Current Status
- Indo-European Languages
- Interlanguage
- Japanese Language in Hawai'i
- Language Acquisition Device
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- Language Persistence
- Language Registers
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- Language Shift and Language Loss
- Language Socialization
- Language Socialization of Indigenous Children
- Learning a Language, Best Age
- Linguistics, an Overview
- Measuring Language Proficiency
- Metalinguistic Awareness
- Modern Languages in Schools and Colleges
- Monitor Model
- Native English Speakers Redefined
- Phonology, Morphology, and Syntax
- Pragmatics
- Second-Language Acquisition
- Semilingualism
- Skills Transfer Theory
- Social Bilingualism
- Spanglish
- Threshold Hypothesis
- Underlying Linguistic Proficiencies
- World Englishes
- People and Organizations
- Alatis, James E.
- Andersson, Theodore
- Baker, Colin
- Bennett, William J.
- Bernal, Joe J.
- Bourne, Randolph S.
- Cárdenas, José A.
- Castro Feinberg, Rosa
- Center for Applied Linguistics, Initial Focus
- Center for Applied Linguistics, Recent Focus
- Chavez, Linda
- Christian, Donna
- Collier, Virginia P.
- Crawford, James
- Cummins, James
- De Avila, Edward
- Epstein, Noel
- Escamilla, Kathy
- Escobedo, Deborah
- Fernández, Ricardo
- Fishman, Joshua A.
- Gómez, Joel
- Gómez, Severo
- García, Eugene E.
- González, Henry B.
- González, Josué M.
- Guerrero, Adalberto
- Hakuta, Kenji
- Haugen, Einar
- Hayakawa, S. I.
- Hogan, Timothy M.
- Hornberger, Nancy
- Kloss, Heinz
- Krashen, Stephen D.
- LaFontaine, Hernán
- Lyons, James J.
- Moll, Luis
- Multicultural Education, Training, and Advocacy (META)
- National Association for Bilingual Education
- National Clearinghouse for Bilingual Education
- Nieto, Sonia
- Office for Civil Rights, U.S. Department of Education
- Office of Bilingual Education and Minority Languages Affairs
- Ogbu, John
- Oyama, Henry
- Pérez-Hogan, Carmen
- Peña, Álbar Antonio
- Porter, Rosalie Pedalino
- Rodríguez, Armando
- Rodríguez, Richard
- Roos, Peter D.
- Roybal, Edward R.
- Ruiz, Richard
- Saville-Troike, Muriel
- Seidner, María M.
- Simon, Paul M.
- Spolsky, Bernard
- Stanford Working Group
- Tanton, John H.
- TESOL, Inc.
- Troike, Rudolph C, Jr.
- Truán, Carlos
- Trueba, Enrique (Henry)
- Unz, Ron
- Urquides, María
- Valdés, Guadalupe
- Wong Fillmore, Lily
- Yarborough, Ralph
- Zamora, Gloria L.
- Zelasko, Nancy
- Policy Evolution
- Castañeda Three-Part Test
- Flores v. State of Arizona
- Lau v. Nichols, Enforcement Documents
- Lau v. Nichols, San Francisco Unified School District's Response
- Lau v. Nichols, the Ruling
- Méndez v. Westminster
- Affirmative Steps to English
- Amendment 31 (Colorado)
- Aspira Consent Decree
- Bilingual Education as Language Policy
- Canadian and U.S. Language Policies
- Chacón-Moscone Legislation
- Civil Rights Act of 1964
- English for the Children Campaign
- Equal Educational Opportunity Act of 1974
- Exit Criteria for English Language Learner Programs
- Federal Court Decisions and Legislation
- High-Stakes Testing
- Home Language Survey
- Immigration and Language Policy
- Improving America's Schools Act of 1994
- Labeling Bilingual Education Clients: LESA, LEP, and ELL
- Language Education Policy in Global Perspective
- Language Policy and Social Control
- Language Rights in Education
- Maintenance Policy Denied
- National Defense Education Act of 1958
- National Literacy Panel
- Native American Languages, Legal Support for
- No Child Left Behind Act of 2001, Testing Requirements
- No Child Left Behind Act of 2001, Title I
- No Child Left Behind Act of 2001, Title III
- Official English Legislation, Favored
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- Proposition 203 (Arizona)
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- Proposition 227 (California), Impact of
- Question 2 (Massachusetts)
- Texas Legislation (HB 103 and SB 121)
- Title VII, Elementary and Secondary Education Act, 1967 Senate Hearings
- Title VII, Elementary and Secondary Education Act, Key Historical Marker
- Title VII, Elementary and Secondary Education Act, Subsequent Amendments
- Title VII, Elementary and Secondary Education Act, Text (Appendix B)
- Transitional Bilingual Education Model Questioned
- U.S. Bilingual Education Viewed from Abroad
- U.S. Commission on Civil Rights Report
- Undocumented Students' Rights
- Voter Initiatives in Education
- Related Social Sciences
- Acculturation
- Affective Dimension of Bilingualism
- Assimilation
- Bilingualism in Holistic Perspective
- Brain Research
- Cognitive Benefits of Bilingualism
- Cultural Capital
- Cultural Deficit and Cultural Mismatch Theories
- Culture Shock
- Deficit-Based Education Theory
- Enculturation
- Ethnocentrism
- Home Language and Self-Esteem
- Language and Identity
- Language and Thought
- Languages and Power
- Latino Attitudes toward English
- Melting-Pot Theory
- Program Effectiveness Research
- Social Class and Language Status
- Social Class and School Success
- Status Differences among Languages
- U.S. Census Language Data
- Views of Bilingual Education
- Vygotsky and Language Learning
- Teaching and Learning
- Academic English
- Audio-Lingual Method
- Best English to Learn
- Bilingual Paraprofessionals
- Bilingual Teacher Licensure
- Classroom Discourse
- Communicative Approach
- Communities of Practice
- Concurrent Translation Method
- Contrastive Analysis
- Credentialing Foreign-Trained Teachers
- Critical Literacy
- Culturally Competent Teaching
- English, How Long to Learn
- Error Analysis
- Four-Skills Language Learning Theory
- Grammar-Translation Method
- Language Experience Approach to Reading
- Language Learning in Children and Adults
- Language Study Today
- Literacy Instruction, First and Second Language
- Natural Approach
- Primary-Language Support
- Professional Development
- Proficiency, Fluency, and Mastery
- School Leader's Role
- Situated Learning
- Social Learning
- Spanish-Language Enrollments
- Teacher Certification by States
- Teacher Preparation, Then and Now
- Teacher Qualifications
- Technology in Language Teaching and Learning
- Transformative Teaching Model
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