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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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