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An Equal Educational Opportunity for Language Minority Students: a Legal Analysis of Language Education After Lau

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An Equal Educational Opportunity for Language Minority Students: a Legal Analysis of Language Education After Lau UNLV Retrospective Theses & Dissertations 1-1-2002 An equal educational opportunity for language minority students: A legal analysis of language education after Lau Roger J Gonzalez University of Nevada, Las Vegas Follow this and additional works at: https://digitalscholarship.unlv.edu/rtds Repository Citation Gonzalez, Roger J, "An equal educational opportunity for language minority students: A legal analysis of language education after Lau" (2002). UNLV Retrospective Theses & Dissertations. 2501. http://dx.doi.org/10.25669/ec67-2aku This Dissertation is protected by copyright and/or related rights. It has been brought to you by Digital Scholarship@UNLV with permission from the rights-holder(s). You are free to use this Dissertation in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/or on the work itself. This Dissertation has been accepted for inclusion in UNLV Retrospective Theses & Dissertations by an authorized administrator of Digital Scholarship@UNLV. For more information, please contact [email protected]. INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMi films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps. ProQuest Information and Leaming 300 North Zeeb Road, Ann Arbor, Ml 48106-1346 USA 800-521-0600 UMI’ Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. AN EQUAL EDUCATIONAL OPPORTUNITY FOR LANGUAGE MINORITY STUDENTS: A LEGAL ANALYSIS OF LANGUAGE EDUCATION AFTER LAU by Roger J. Gonzalez Bachelor of Science University of Nevada, Las Vegas 1991 Master of Education University of Nevada, Las Vegas 1993 A thesis submitted in partial fulfillment of the requirements for the Doctor of Education Degree Department of Educational Leadership College of Education Graduate College University of Nevada, Las Vegas December, 2002 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. UMI Number 3084145 Copyright 2003 by Gonzalez, Roger J. All rights reserved. UMI UMI Microform 3084145 Copyright 2003 by ProQuest Information and Leaming Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. ProQuest Information and Leaming Company 300 North Zeeb Road P.O. Box 1346 Ann Arbor, Ml 48106-1346 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Dissertation Approval IJNTV The Graduate College University of Nevada, Las Vegas November 5 ,20 02 The Dissertation prepared by Roger J. Gonzalez Entitled An Equal Education Opportunity For Language Minority_____ Students; A Legal Analysis of Language Education After LAU is approved in partial fulfillment of the requirements for the degree of Doctor of Education Examination Committee C/air >ean of the Graduate College a.- Examinatran Comutim/Mejnbi Examinatjen Committee Member ^ _______________ Graduate College Faculty Representative 11 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ABSTRACT An Equal Educational Opportunity for Language Minority Students: A Legal Analysis of Language Education After Lan by Roger J. Gonzalez Dr. Gerald Kops, Examination Committee Chair Professor of Education University of Nevada, Las Vegas An Equal Educational Opportunity for Language Minority Students: A Legal Analysis of Language Education After Lau is a legal/historical study that examined the current legal standards applicable to the education of language minority students in the United States. This was achieved by analyzing the jurisprudence emerging from the interpretation and application of the Lau v. Nichols Supreme Court decision. Several questions were considered during the research of this dissertation. These included: How has the legal precedent established in Lau v. Nichols been interpreted and applied by subsequent law cases involving the education of language minority students? What role has the Office for Civil Rights played in securing compliance with the Lau precedent? What are the legal implications for school administrators in providing programs for language minority students? The significance of this study was found in examining the jurisprudence following Lau concerned with a language minority student’s right to an equal 111 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. educational opportunity in America’s schools. This study will benefit school level and program administrators responsible for organizing and implementing programs for language minority students by serving as a resource for providing legally sound programs for language minority students. This dissertation used an analytical, qualitative research design. As a legal/historical analysis, it included search, selection and criticism o f the sources, presentation of facts and generalizations, and the use of inductive case law analysis. Law cases were examined for their usage of Lau as a precedent. Included in this study is a history of language minority education in the United States, the Federal government’s involvement in the education of language minority students, the role of the Office for Civil Rights, and an analysis of the Supreme Court’s landmark decision in Lau v. Nichols. IV Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. TABLE OF CONTENTS Title Page............................................................................................................................i Signature Page.................................................................................................................. ii Abstract .............................................................................................................................iii Table of Contents..............................................................................................................v Acknowledgements ...................................................................................................... viii Chapter I Introduction....................................................................................................1 Who are language minority students?.................................................................2 Educating language minority students-theory and practice ..............................3 Federal involvement in the education of language minorities..........................5 Statement of the problem.....................................................................................8 Purpose of the Study............................................................................................8 Research Questions.............................................................................................. 9 Research Design................................................................................................... 9 Significance of the Study.................................................................................... 9 Limitations of the Study.....................................................................................11 Definition of Terms............................................................................................ 12 Constitutional Amendments...............................................................................14 Federal Statutes ...................................................................................................15 Federal Court System......................................................................................... 15 Summary.............................................................................................................16 Chapter II Review of Related Literature................................................................... 19 Historical overview of language minority education in the United States.... 19 Federal role in the education of language minority students..........................22 Enforcement of Title VI of the Civil Rights Act of 1964...............................28 Historical Backgroimd of the Lau Case........................................................... 30 United States District Court Decision.............................................................. 31 United States Court of Appeals for the Ninth Circuit Decision..................... 34 United
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