Castaneda vs Pickard occurred in Raymondville, Texas from 1978-1981. The case was filed against the Raymondvile Independent School District by Ray Castaneda, the father of two Mexican-American children. Mr. Castaneda claimed that the RISD was discriminating against his children based of their ethnicity and used a discriminating grouping system for classrooms based on criteria that were both ethnically and racially discriminating. Mr. Castaneda said the grouping system they used developed segregation amongst the classrooms. The case also included that the teachers that were Mexican-American was being discriminated agains promotions in the school. There was a previous legislation that was put in placed called Lau vs. Nichols that required schools to provide a bilingual program. Mr. Castaneda claimed that the school district didnt have any programs that were measurable to help his children. The case was first tried in June 1978, and on August 17, 1978, the court system ruled in favor of the RISD. They stated that the RISD had not violated any of the Castaneda children's constitutional rights. In 1981 Castaneda said the federal court made a mistake and he filed an appeal. In 1981 the United States Court of Appeals for the Fifth Circuit ruled in favor of Castaneda. With this ruling it established a three-part assessment that makes sure bilingual requirements are measurable and in accordance of the Equal Educational Opportunities Act of 1974.
The three criteria for Bilingual Education Programs:
1. The bilingual education program must be “based on sound educational theory.
2. The program must be “implemented effectively with resources for personnel, instructional materials, and space.
3. After a trial period, the program must be proven effective in overcoming language barriers/handicaps.
What does this mean for:
Students
What it means for students is that they are getting an equal opportunity of education like everyone else. This also means that instruction is differentiated based off their ability.
Teachers
What this means for teachers is to make sure we develop curriculum that serves the needs of ELL.
Making sure teachers are not being discriminated against when it comes to promotions in school.
Education
What it means for education is to make sure that every school has a bilingual education program and that it meets the requirements of the Equal Educational Opportunities Act of 1974.
The case developed a way for schools to measure their bilingual program and making sure it meets the needs of their students.
The three criteria for Bilingual Education Programs:
1. The bilingual education program must be “based on sound educational theory.
2. The program must be “implemented effectively with resources for personnel, instructional materials, and space.
3. After a trial period, the program must be proven effective in overcoming language barriers/handicaps.
What does this mean for:
Students
- What it means for students is that they are getting an equal opportunity of education like everyone else. This also means that instruction is differentiated based off their ability.
Teachers- What this means for teachers is to make sure we develop curriculum that serves the needs of ELL.
- Making sure teachers are not being discriminated against when it comes to promotions in school.
EducationAdditional Readings:
Lau vs. Nichols
Equal Education Opportunities Act of 1974
References:
Zehr, Mary Ann(2010, October 29) Hakuta: Fear of Bilingualism Is Part of U.S. culture. Retrieved June 19, 2015 from http://blogs.edweek.org/edweek/learning-the-language/2010/10/hakuta_fear_of_bilingualism_is.html
Mora, Jill Kerper(2009, April). From the Ballot Box to the Classroom( pg. 14-19). Retrieved June 19, 2015 from http://www.ascd.org/publications/educational-leadership/apr09/vol66/num07/From-the-Ballot-Box-to-the-Classroom.aspx
Mora, Jill Kerper(1999-2005). Legal History of Bilingual Education. Retrieved June 20, 2015 from http://moramodules.com/Pages/HistoryBE.htm
United States District Court for the Southern District of Texas(1981). Castaneda v. Pickard Retrieved June 19, 2015 from http://web.stanford.edu/~hakuta/www/LAU/IAPolicy/IA1bCastanedaFullText.htm