51. Appellants next challenge the district court's holding that the Portales municipal schools denied appellees equal protection of the law by not offering a program of bilingual education which met their special educational needs. After reviewing both parties' programs, the trial court entered final judgment, which included: all students in grades 1-3 receive 60 minutes per day bilingual instruction; a bicultural outlook be incorporated in as many subject areas as practicable; testing procedures be established to test the results of the bilingual instruction and adjustments made accordingly; and junior high students be tested for English language proficiency and, if necessary, further bilingual instruction should be available. Defendant school district has made an effort to recruit and has recruited Spanish-speaking teachers. 0000016257 00000 n SERNA v. PORTALES MUNICIPAL SCHOOLS Email | Print | Comments (0) No. These funds would provide one bilingual-bicultural instructor for the school district's other three elementary schools, and one bilingual-bicultural teacher or teacher aide at the junior high school. The appellees, all Spanish surnamed Americans, contended that the appellants deprived them of their right to equal protection of the laws.

C. Junior High, Students should be tested for English language proficiency and, if necessary, further bilingual instruction should be available for those students who display a language barrier deficiency. It is just such a deprivation which is alleged in the instant case. Notwithstanding this knowledge of the plight of Spanish surnamed students in Portales, appellants neither applied for funds under the federal Bilingual Education Act, 20 U.S.C. The record indicates that at the time of the bringing of this suit the plaintiffs were either students in the Portales school district or had been excluded therefrom. 455 F.Supp. The Chinese students sought relief against these unequal educational opportunities which they alleged violated the Fourteenth Amendment. 8994); Judges Hill, McWilliams, and Durfee) upheld the trial court's plan as just, equitable and feasible. Appellees thereafter filed a Motion for Hearing to hear appellees' objections to appellants' program. Serna v. Portales 1974. Evidence relating to I. Q. test scores of children in the Portales school system was admitted at the trial with the recognition that such scores are not conclusive indicia of student achievement or failure. We do not believe that under the unique circumstances of this case the trial court's plan is unwarranted.

Allegedly there is discrimination in appellants' failure to provide bilingual instruction which takes into account the special educational needs of the Mexican-American student; failure to hire any teachers of Mexican-American descent; failure to structure a curriculum that takes into account the particular education needs of Mexican-American children; failure to structure a curriculum that reflects the historical contributions of people of Mexican and Spanish descent to the State of New Mexico and the United States; and failure to hire and employ and administrators including superintendents, assistant superintendents, principals, vice-principals, and truant officers of Mexican-American descent. �. C. Emery Cuddy, Jr., Santa Fe, N.M., for amicus curiae State Bd. Bossier Parish School Bd. The case was accordingly remanded to the Court of Appeals for the fashioning of appropriate relief. It is the similarity of these programs which is the crux of plaintiffs' claim of inequality of educational opportunity. This opinion would indicate that, while the Court was unwilling to hold that segregation of itself would be a denial of *1283 equal educational opportunity, it would be a deprivation of equal protection for a school district to effectuate a curriculum which is not tailored to the educational needs of minority students. § 880b et seq.). For the 1971-1972 school year Lindsey School had a student enrollment of 86.7% Spanish-surnamed students. 73-1737.

Art. These are some of the available sources of funding for a bilingual-bicultural program.

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