Pp. Mississippi District Circuit Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. Alaska New Jersey WHITE, J., concurred in the result. The District Court found that there are 2,856 students of Chinese ancestry in the school system who do not speak English. The respondents do not contest the standing of the petitioners to sue as beneficiaries of the federal funding contract between the Department of Health, Education, and Welfare and the San Francisco Unified School District. You should contact a lawyer licensed in your jurisdiction for advice on specific legal problems. or. Louisiana (read more about Constitutional law entries here). . The San Francisco, California, school system was integrated in 1971 as a result of a federal court decree, 339 F. Supp. Decided January 21, 1974. See Lee v. Johnson, 404 U. S. 1215. Section 602, 42 U.S.C. Constitutional Rights Foundation is not a legal advocacy organization and does not provide legal advice.If you have a question about a particular immigration issue, CRF encourages you to talk to a legal professional with a specialty in immigration law. ", "Any ability grouping or tracking system employed by the school system to deal with the special language skill needs of national origin minority group children must be designed to meet such language skill needs as soon as possible, and must not operate as an educational dead-end or permanent track.

For these reasons I concur in the result reached by the Court. CERTIORARI TO THE UNITED STATES COURT OF APPEALS. ", Moreover, § 8573 of the Education Code provides that no pupil shall receive a diploma of graduation from grade 12 who has not met the standards of proficiency in "English," as well as other prescribed subjects. Oklahoma . The school district provided supplemental English instruction to about 1,000 of those students, leaving 1,800 students without English instruction. Justice William O. Douglas wrote the court’s opinion, which pointed out that the California Education Code required that English be the basic language of instruction in all schools, that no one should graduate from high school without basic English proficiency, and that all children from age 6 to 16 be compelled to attend school. Encyclopedia of Law: The equivalent to a print encyclopedia with 178 volumes. Montana Encyclopedia of the American Constitution. Thus, as of April, 1973, no more than 1,707 of the 3,457 Chinese students needing special English instruction were receiving it. Lau v. Nichols .

HEW's regulations, 45 CFR § 80.3(b)(1), specify that the recipients may not, "(ii) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program;", "(iv) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program. I join MR. JUSTICE STEWART's opinion, and thus I, too, concur in the result. Of those who have that language deficiency, about 1,000 are given supplemental courses in the English language. , "Lau v. Nichols" cases.lawi.us. This is a public school system of California, and § 71 of the California Education Code states that "English shall be the basic language of instruction in all schools." Judicial Center Massachusetts This is a very substantial group that is being deprived of any meaningful schooling because the children cannot understand the language of the classroom. Filed Under: Essays Tagged With: United-states. ", Just another Wiki Encyclopedia of Law Project (BETA) Sites site, Lau v. Nichols 414 U.S. 563 (1974) United States Constitution According to the [...], Lamb's Chapel v. Center Moriches Union Free School District.

Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Fourth Circuit The school district involved in this litigation receives large amounts of federal financial assistance. Washington South Dakota . VI. This web resource was made possible by a generous grant from the Weingart Foundation, with additional support from the Ford Foundation.

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