The Constitutionality of English Language Development Programs in US Public Schools

Immigrant children are one of the fastest growing sectors of the U.S. child population. Because of the growing number of students coming from different language backgrounds, school districts have felt pressured to seek out ways to accommodate non-English speaking students. Do English Language Learners have a constitutional right to a bilingual education? This yet unanswered question is the focus of my research. Through an analysis of the Fourteenth and Fifth Amendments of the United State’s Constitution along with research related to state and federal court precedent, this paper suggests that the US Constitution supports English development programs. Because of the growing importance of this issue, the paper explores best practices for accommodating ELL students through state and district case studies in California, Arizona and Texas. It concludes with suggestions regarding possible pedagogy that could be implemented from other countries around the world