In the current English-only programs in California, Arizona, and Massachusetts only a small percentage of students are learning English and subject matter content. This violates the success in practice prong of CastaA+-eda v. Pickard (1981). Further, these program failures bolster the claim that these programs also violate CastaA+-eda's sound theory and qualified expert support prong. Previous legal actions focused on the latter requirement and failed. Focusing on program failure creates a greater likelihood of successful legal challenge. This article calls for a change in interpretation of ELL rights and program requirements based on the majority consensus of best practices research.
State and Local Policy
Program Evaluation and Effectiveness
Civil Rights Legislation