On June 25, 2009, the United States Supreme Court issued a decision in Horne v. Flores, a case in which Kaye Scholer represented pro bono client, LatinoJustice PRLDEF, in drafting and filing an amicus brief to the Court in support of English Language Learner ("ELL") students in Arizona. They had sued state officials for civil rights violations under the Equal Educational Opportunities Act ("EEOA") for failing to address adequately language barriers in an Arizona school district. Our client sought to protect the viability of civil rights claims brought under the EEOA against the state officials' argument that those rights had been superseded by the testing guidelines set forth in the more recent No Child Left Behind Act ("NCLB"). Although in a 5-4 decision the Supreme Court reversed the circuit court's ruling for the ELL students, and remanded for further factual findings, in an important victory for our client, the Supreme Court upheld ELL students' right to learn English and state officials' duty to ensure that ELL students overcome language barriers to do so, as required under the EEOA. The Supreme Court also struck down the state officials' argument that their compliance under the NCLB would satisfy compliance under the EEOA, thus ensuring the continued viability of civil right claims under the latter statute, our client's main goal in filing its brief.
W. Stewart Wallace, Litigation, New York, worked on this matter.
Also of Interest
- Harty Receives Lawyers Alliance 2016 Cornerstone Award November 18, 2016 • Recognitions
- Kaye Scholer Receives Legal Aid Society’s Pro Bono Publico Award November 4, 2016 • Recognitions
- Kaye Scholer Named a Law360 Pro Bono Firm of the Year October 4, 2016 • Recognitions
- Pro Bono Team Advances CodeEd’s Comp Sci Efforts for Coeds September 14, 2016 • Client Successes
- Summer Associates Successfully Assist Transgender Clients July 27, 2016 • Client Successes
- Kaye Scholer Secures Pro Bono Victory for Father Falsely Accused of Child Abuse July 1, 2016 • Client Successes
- Chicago Team Receives 2016 Award for Excellence in Pro Bono Service May 25, 2016 • Recognitions
- Kaye Scholer Clients Are “Prevailing Parties” in Transgender Birth Certificate Case... May 10, 2016 • Client Successes
- Assad Rajani Awarded Two California Pro Bono Distinctions April 26, 2016 • Recognitions