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The testing program formulated by defendant Board of Education begins with a group of tests called the "language assessment battery English version." In a first (and seemingly noncontroversial) step, this L.A.B. The testing procedures for determining which students are eligible for the program have now generated some interesting and difficult questions on which the parties are in sharp disagreement. e., those whose English language difficulties prevent them from effectively participating in the learning process and who could better learn in Spanish, and then for the program of instruction these class members are to receive. The decree goes on to provide in detail for a course of testing to (in effect) identify the members of the class, i. 786, 39 L.Ed.2d 1 (1974), the court's consent decree dated August 29, 1974, states the plaintiff class of Hispanic children, whose "English language deficiency prevents them from effectively participating in the learning process and who can more effectively participate in Spanish", shall receive a program including intensive training in English language skills, instruction in substantive courses in Spanish, and reinforcement of Spanish language skills. Greilsheimer, Doron Gopstein, New York City, of counsel. Counsel of City of New York, New York City, for defendants James G. Hiller, Kenneth Kimerling, Jack John Olivero, New York City, of counsel. *1162 Puerto Rican Legal Defense & Education Fund, Inc., New York City, for plaintiffs Herbert Teitelbaum, Richard J.
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1161 (1975) ASPIRA OF NEW YORK, INC., et al., Plaintiffs,īOARD OF EDUCATION OF the CITY OF NEW YORK et al., Defendants.