Implications of Otero vs. MCVSD
A Different Message to English Learners
Otero v. Mesa County was a change in the judiciary’s rulings regarding cases for English Learners. Cases like Brown v. Board of Education of Topeka, Kansas, Serna v. Portales, and Lau v. Nichols had all ruled in favor of plaintiffs, citing the Equal Protection clause of the Fourteenth Amendment. In Otero v. Mesa County, however, the courts ruled in favor the defendant school board. The court said that the Mesa County school board had provided sufficient resources to English Learners, thereby fulfilling the requirements of the Equal Protection clause. The decision helped define parameters for an erstwhile seemingly boundless ability to sue, citing violation of the Fourteenth Amendment.
The Courts Remain non-Educators
Much to the chagrin of educators nationwide, Otero v. Mesa County did not set precedence for curricula, pedagogy, or classroom management. The ruling was consistent with the perception that the courts are not responsible for these things; they remain the burden of educators. The court made clear that it was disinclined to get into the business of education, and would only intervene in regards to violations of the law.
Failure to learn does not necessarily mean a failure to teach
Previous to Otero v. Mesa County, the courts had not recognized influences from outside the classroom on a child’s education. Student learning was considered with exclusivity to the classroom. Otero v. Mesa County opened the door to legal consideration of educational factors like libraries, school busing, and after school programs. These influences had always been apparent to educators and those who studied education, and this case provided legal standing for advocacy of them.
For more information, see sources below:
Valencia, Richard R. (2008). Chicano Students and the Courts [electronic resource]: the Mexican American Legal Struggle for Educational Equality.
Available from http://opac.csuchico.edu/record=b2219751~S5
Find A Case. Stephanie Otero v. Mesa County Valley School District No. 51. Retrieved from http://wy.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19771031_0040046.C10.htm/qx
OpenJurist. 628 F. 2d 1271- Otero c. Mesa County Valley School District No. Retrieved from http://openjurist.org/628/f2d/1271/otero-v-mesa-county-valley-school-district-no
BulkResource. Retrieved from https://bulk.resource.org/courts.gov/c/F2/628/628.F2d.1271.79-1261.html
