We argue that the dynamic interplay between federal and state laws and policies restricts the ability of school districts to respond to the growing cultural diversity in classrooms and the linguistic needs of the communities they serve. Using Ruíz’s ( 1984) Language Orientations framework and Lo Bianco and Aliani ( 2013) Intention, Rhetoric and Implementation in Language Planning, we examine the intricate relationship between educational laws and schools to discuss their known effects on one state, Florida. legal hierarchy, thereby juxtaposing the impermanent nature of the Castañeda prongs compared to statutes or even court orders. We also situate the Castañeda case within the U.S. legal system, which is more decentralized and state-based than most countries around the world. The purpose of the overview is for national and international readers to capture the unique structure of the U.S. legal system, federal and state, as it directly impacts language policies and practices to reveal a wealth of complexities and misinterpretations that affect the educational outcomes of ELs and the preparation of teachers at both pre- and in-service levels. We begin by unpacking the layers of the U.S. Pickard, and its effects on educational policies and practices for English Learner (EL) students at various systemic levels.

Fifth Circuit Court of Appeals legal case, Castañeda v. Consequently, language ‘rights’ in the United States are much more opaque than advocates and scholars might assume or hope for them to be, and this seems particularly the case with Castañeda in respect to the academic literature on bilingual education and in the context of teacher education programs. Some of the most compelling laws affecting bilingual students learning English have not been a question of language but, rather, legal actions in response to race, national origin, or equitable educational access to education.

Both case and statutory laws shape educational policies in ways that affect-for both better and for worse-the educational programs and practices for students whose first language is not English. Native language use is not an enumerated right in the United States. Hall, Esq., reflecting on the Castañeda case (Guajardo, 2013, 1:17:07) And you’ve got to have people who are in the community and who are willing to take the strong position and be the ones that step up there… every one of the plaintiffs in this case fit that profile, they had to.ĭavid G. But like the rest of the folks, on reflection, we, too, decided that a lot of change had occurred and things had been much improved and we ought to just count it as a success-so we did… What really counts is the courage of people to step up-that’s so hard to find. After the Fifth Circuit had explained it all to Judge Garza, he still didn’t get it. We were initially incredibly disappointed at the way it came down the second time around. We conclude with caution to academics and advocates who work on behalf of language minoritized students in the United States, with implications for international scholars. Using the state of Florida as an example, we next describe the complex language ecology of local and state language policies and how those relate to Castañeda and inhibit progress for bilingual students in Florida. We then discuss the socio-historical context of the case and position it with respect to the 1974 seminal case of Lau v. We use a theoretical lens of orientations in language planning (Ruíz 1984) and language policy text as reported by Lo Bianco and Aliani (Language planning and student experiences: Intention, rhetoric, and implementation, Multilingual Matters, 2013).

This article examines the Castañeda case and its recent interpretations in the literature as applied to non-native English-speaking students. After 40 years of interpretation of the Castañeda case, the issue of language rights for non-native English speakers in United States public schools continues to be debated by scholars and interpreted through various legal statutes and case holdings. The case established a three prong ‘test’ for programs for those students, including the right for students to have an educational program based on sound educational theory resources and personnel to properly implement the program and evaluation of the effectiveness of the program. Pickard (648 F.2d 989, ) was a significant legal case in the history of educational policy for non-native English-speaking students in the United States.

Unpacking level 3