e-journal
From Segregation to School Finance: The Legal Context for Language Rights in the United States
In this chapter, I review the legal trajectory of language rights in public schooling in the United States and how language has been intertwined with other policy issues in court cases aimed at expanding access and equity for minority students:desegregation and school finance. Most of these cases originated in the Southwestern United States where there were and continue to be critical masses of Latino students—largely Spanish speakers of Mexican descent—attending public schools. As an organizing frame for the chapter, I expand Ruiz’s (1984) framework for analyzing orientations1 in language policy. My goal is to document and analyze the assumptions in legal arguments marshaled in these cases about how English language learners (ELLs) attending public schools should learn and be taught English and how
students’ home languages fit into those processes
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