Pursuing Educational Opportunities for Latino/a Students

Abstract

The number and percentage of Latino/a students in U.S. public schools continue to grow rapidly, yet the literature lacks a comprehensive analysis of how existing law can be used to advocate for these students’ interests. This Article first lays the sociolegal foundation necessary to contextualize such an analysis. Then, it aims to provide such an analysis by evaluating the present utility of three major litigation initiatives and three important policy initiatives which parents, advocates, and school districts have employed in the pursuit of educational equity for Latino/a students: school desegregation litigation, school finance litigation, Equal Educational Opportunities Act litigation, civil rights education recordkeeping, English language instructional alternatives, and voluntary, multifactor socioeconomic status integration. Ultimately, this Article argues not only for pursuing all initiatives concurrently, but also for continuing to value and employ race/ethnicity conscious measures (rather than color-blind ones) as our society pursues the goal of advancing educational opportunities for all children.

Keywords: education, students, Latino, Latina, race-conscious, color-conscious, color-blind, race, ethnicity, educational equity, educational equality