Teresa P. v. Berkeley Unified School District

Students whose first language was not English (plaintiffs) were enrolled in various public schools in the Berkeley Unified School District (school district) (defendant) and placed in special language programs. The school district provided the students with a bilingual program for Spanish speakers in elementary school with fully credentialed bilingual teachers. The school district also provided an English-as-a-second-language program for all limited-English-proficient students who were not in the bilingual program, with teachers who received additional training and met higher certification requirements and with some native-tongue tutors. Standardized test scores and classroom grades indicated that the students were learning as quickly or faster than other students in the state. The students brought a class action in the district court against the school district and claimed that there was a barrier to the students’ equal participation in these educational programs in violation of the Equal Educational Opportunities Act of 1974 (EEOA). The students argued that the special language programs offered by the school district did not amount to appropriate action because of the failure to provide qualified teachers, sufficient supporting resources, and necessary monitoring systems as well as the failure to use appropriate procedures to identify, place, and exit students. The school district contended that the special language programs did not violate the students’ rights to equal participation in educational programs.