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Brown v. Board of Education was a landmark Supreme Court ruling that ended segregation in public schools, based on the 14th Amendment, which states, "no state shall deny any person within its jurisdiction the equal protection of the laws." The Court ruled that segregation in schools was not providing equal education for all. This important milestone is important today for many reasons. It helped establish precedent against "separate but equal" policies. Unfortunately we still see inequality in many areas. However, the precedent set by Brown gives people an opportunity to fight unequal practices and situations. This includes the assessment of MLs. Some progress has been made in attempting to make assessment fair for MLs, but clearly there is more work to be done.

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The Title VII Bilingual Education Act was an amendment to the Elementary and Secondary Education Act (ESEA) of 1964. The ESEA provided government funding for "educationally deprived children." Title VII granted federal funding specifically to support ML programs. This was the first time federal funds had been designated for this purpose. This was important for the future of ML assessment because it drew attention to the necessity of having additional support and programs designed for MLs.

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Lau v. Nichols was a Supreme Court Case in 1974. The court ruled that schools were required to provide language programs and support for MLs, in order to maintain equal educational opportunities. This also led to the Lau Remedies, which created procedures for identifying and assessing MLs. The Lau Remedies also required districts to offer bilingual education if there were a certain number of MLs that spoke the same home language. Lau v. Nichols was an important landmark in the history of ML assessment because it mandated language programs and support for MLs, establishing a basis for educating and assessing MLs in a more equitable manner, rather than English-only.

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Castañeda v. Picard was an important court ruling that established the Castañeda Standards. The Standards mandated three criteria for ML programs: they must be research based, they must be adequately funded, and they must show effectiveness. The Castañeda Standards were important in the history of ML assessment because they provided a benchmark for evaluating ML programs, including assessment of MLs. Teachers and districts can use the Standards to evaluate the fairness and effectiveness of their ML assessments.

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Proposition 227 was passed in California in 1998. This proposition severely restricted bilingual education in the state, and the use of home language in public schools, in favor of "English-only." This had a highly detrimental effect on MLs and their families. In 2016, Proposition 58, which repealed Proposition 227, was passed. It is very unfortunate that such blatant inequality existed this recently (and continues to exist.) The repeal of Proposition 227 is important in the history of ML assessment, because it allowed schools in California to begin working toward equality again in ML programs and assessment.