In 2006, G.I. Forum and LULAC, two groups representing Mexican-American students, challenged Texas Education Agency’s bilingual program, claiming it violated the Equal Educational Opportunity Act (“EEOA”), which requires a state agency “to take appropriate action to overcome language barriers.” They asserted that Texas denied equal educational opportunities to Mexican-American students. The trial court agreed that too many students with limited English proficiency (“LEP”) were performing poorly, particularly secondary students and ordered the state to “establish a new monitoring system and establish a language program that fulfill the requirements of the EEOA.”
On appeal, the Fifth Circuit Court of Appeals found several flaws with the trial court’s findings, mainly with the evidence it used to conclude that the state was complying with federal law. The court reversed the trial court’s order, noting that the trial court should conduct an “appropriate analysis” of the federal claims in regard to a particular district or districts to determine the cause of LEP student failure. The court then remanded the case for additional proceedings.
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