Case Law

In addition to policies and federal laws, several prominent case law rulings impact ELLs with disabilities

Lau v. Nichols (1974)

The Supreme Court of the United States determined that ELLs do not have access to an equal opportunity education if they cannot understand the language of instruction.

More information on this case can be found by clicking on this link (link will open in a new window).

Castaneda v. Pickard (1981)

The Supreme Court of the United States upheld a three-part test to determine the adequacy of a district’s program for ELL students. The district ELL program must be: (a) based on sound educational theory; (b) implemented effectively, with adequate resources and personnel; and (c) evaluated periodically to ensure the program is working for students.

More information on this case can be found by clicking on this link (link will open in a new window).