Abstract
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.
Topics
State and Local Policy
Program Evaluation and Effectiveness
Federal Policy
English Learners
English Learners
Civil Rights Legislation