Appellate Court Overturns English Order

AUSTIN, Texas (AP) _ An appeals court has overturned a 2008 ruling that said Texas failed to properly educate middle and high school students with limited English.

The 5th U.S. Circuit Court of Appeals, in a ruling Monday, found insufficient evidence that the state violated the rights of such students.

U.S. District Judge William Wayne Justice had given Texas until Jan. 31, 2009, to submit plans to monitor and improve education programs for students with limited English skills.

The New Orleans-based appeals court in early 2009 delayed, at the request of Texas, Justice’s required overhaul of bilingual and English-as-a-second-language programs. The state had raised concerns about funding, personnel changes and legislative authority.

This week’s ruling, which also says individual school districts might need to be added to the action, returns the case to district court.

Justice died in October.

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