The ELPAC Report June 1999

New Mexico School Challenge Proceeds, But Parents Lose

Federal Judge Martha Vazquez in Santa Fe, New Mexico, issued a puzzling ruling in a lawsuit brought by Hispanic parents seeking to remove their children from bilingual education classes. Judge Vazquez let most of the case continue against the Albuquerque School District, but ruled that parents who participated in the lawsuit had lost their rights to challenge the school district's failure to notify them of alternative programs because they received their notices after the lawsuit was filed.

The case was brought by a group of parents who argued that their children were being forced to participate in bilingual education programs which were harming their education. The lawsuit is being carried by the Center for Equal Opportunity in Washington, D.C., headed by English-language proponent Linda Chavez. Chavez said, "it is preposterous to say that parental notification was served only as a result of filing this lawsuit. Surely it is the responsibility of the school, and not lawyers, to inform parents of their options regarding bilingual education."

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