Lau vs Nichols

Lau vs Nichols 1974 

Lau v. Nichols was a Supreme Court case that examined whether federally funded schools must offer supplementary English language courses to non-English-speaking students. In 1971, a federal decree integrated the San Francisco Unified School District. As a result, the district became responsible for the education of nearly 3,000 non-English-speaking students of Chinese ancestry.  All classes were taught in English in accordance with the district handbook. Supplemental materials were provided to improve English language proficiency to approximately only 1,000 of the non-English-speaking students. However, it failed to provide any additional instruction or materials to the remaining 1,800 students. Lau versus Nichols  determined that providing CDL students with the same textbooks, teachers, and curriculum as English speaking students is not equitable. The Supreme Court ruled that refusing to provide non-English speaking students with supplemental language courses violated the California Education Code and the Civil Rights Act of 1964.

The Lau v. Nichols case ended in an unanimous decision in favor of bilingual instruction to help non-native English speaking students improve their English language competency. This ensured that students are able to meaningfully understand the content being delivered. The case prompted the U.S. Department of Justice to issue the "Lau Remedies," which are policy guidelines for the education of English language learners and requires schools to remove language barriers to learning. By holding schools responsible for providing ESL instruction,many opportunities were opened up for these students.  

This case has helped end discrimination and ease the transition into education for students whose first language is not English. Schools are now required to provide supplemental English language instruction to students who are non-native English speakers. This promotes access to an equitable education. 

Next steps would be to ensure these policies and mandates are being followed effectively. Discrimination and unequal education for English learners can and does continue to happen when school districts are not implementing the law or offering alternative solutions. We need to be advocates for our students and make sure our school, district and state are following these standards. 

This case affected me morally because I believe there can't be any meaningful learning when simply delivering instruction without modifications for ELLs. I believe that Lau V. Nichols ensured that students are able to meaningfully comprehend the information being delivered. Intellectually, I believe this case ensured that not only students have equitable access but that the educational needs of the learner be addressed. By holding schools accountable for providing ESL instruction this increased the CLD students in their social skills. By helping them to learn the language, these students would be able to communicate, interact and socialize with a wider group of people. With increased English skills, the students would be able to more meaningfully participate in other activities both in school and within the community. This court ruling affected me emotionally most of all, because I feel that giving access to materials, textbooks and curriculum is not enough when the problem is actually language based. By understanding that children who are learning English are not cognitively deficient is crucial in understanding why this case is so important. I just saw this with one of my own students. When looking at his test scores while taking it in English he has been “red” in all areas since he arrived at the school. I decided to have him take the test in Spanish; his native language and he scored “dark green.” It showed that he is on grade level in his native language and does not have a learning deficit. This was amazing because I could see his self confidence grow immensely. In my opinion, this court ruling is one of the most important rulings to affect ESL students education as it has made a pathway towards bilingual education 


Comments

  1. Great post Mary! I also chose this case. I feel that districts that serve ELL students need to go back and revisit why this case came about. I don't teach ELL's but my K team works very close together and I watch them struggle looking for supplemental materials for their students. Schools need to up their game and stop only providing the bare minimum. Thank you for this post!

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  2. Love your write up on this case. So important for students to access to materials in school. This opens so many doors for students to feel comfortable with themselves and their learning.

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