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Meyer v. Nebraska

Summary:

Meyer v. Nebraska (1923) was a landmark U.S. Supreme Court case that overturned a Nebraska law banning the teaching of foreign languages to young children. Robert Meyer, a teacher in a private school, was fined for teaching German. The Court ruled that the law violated the Fourteenth Amendment’s Due Process Clause, which protects individual freedoms, including the rights of parents and teachers in educational decisions (Baker & Wright, 2021, pp. 385-386).

Why It Matters:
Although not specifically about bilingual education, this case was foundational in affirming the rights of language minority communities. It protected the freedom to use and teach languages other than English, helping pave the way for future bilingual education policies. Meyer v. Nebraska emphasized that language is a civil liberty, not just an instructional tool.

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The Bilingual Education Act (Title VII of ESEA)

Summary:
The Bilingual Education Act of 1968, also known as Title VII of the Elementary and Secondary Education Act, was the first federal legislation to recognize the educational needs of students with limited English proficiency (LEP). It provided funding for programs that used students’ native languages alongside English to promote academic success (Baker & Wright, 2021, pp.387-388).

Why It Matters:
This Act marked a major shift in U.S. educational policy by acknowledging linguistic diversity as a strength, not a barrier. It legitimized the use of native language instruction in public schools and offered financial support to help schools develop bilingual programs. As a foundational moment in the history of bilingual education, Title VII set the stage for future federal involvement and advocacy for English learners’ educational rights.

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Lau v. Nichols (1974)

Summary: Lau v. Nichols was a landmark U.S. Supreme Court case involving nearly 1,800 Chinese-speaking students in San Francisco who were not receiving language support in public schools. The Court ruled that this lack of assistance violated the Civil Rights Act of 1964, stating that equal treatment does not mean equal access when language barriers exist. The Court emphasized that failing to accommodate English learners effectively denies them meaningful participation in education. The Supreme Court ruled that not providing English language support to non-English-speaking students violated the Civil Rights Act (Baker & Wright,2021, pp.389-390).

Why it matters: This case established a legal obligation for schools to support students who are not yet proficient in English. It led to the implementation of the “Lau Remedies,” which required school districts to take affirmative steps to provide language services. The decision remains a foundation for language rights and bilingual education policy in the United States.

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Every Student Succeeds Act (ESSA)

Summary:
Every Student Succeeds Act (ESSA) was signed into law in 2015, replacing the No Child Left Behind Act (NCLB). While it maintained accountability measures for schools, ESSA gave states more flexibility in setting goals and designing programs to support diverse student populations, including English learners (ELs). Notably, it shifted the focus from English-only instruction toward broader support for multilingualism. ESSA required that states track the progress of ELs in learning English and in academic achievement, but it also allowed schools to design programs that support bilingualism and biliteracy (Baker & Wright, 2021, pp.408-409).

Why It Matters:
ESSA marked a turning point in federal education policy by framing English learners not as a problem to fix, but as students with valuable linguistic assets. It acknowledged the benefits of bilingualism and opened greater opportunities for dual language education and culturally responsive instruction. ESSA reinforced the importance of equity while promoting bilingualism as a strength.

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No Child Left Behind (NCLB) Replaces BEA

Summary:
In 2001, the No Child Left Behind Act (NCLB) replaced the Bilingual Education Act with Title III, shifting the federal focus from bilingualism to rapid English language acquisition. The law emphasized standardized testing, school accountability, and annual measurable achievement objectives for English learners (Baker & Wright, 2021, pp.399-400).

Why It Matters:
NCLB reduced support for bilingual programs and increased pressure on schools to focus solely on English proficiency. It promoted English-only instruction, narrowing educational approaches for multilingual learners. While aiming to close achievement gaps, it sparked criticism for undermining bilingual education and placing ELs at a disadvantage through high-stakes assessments.