"Nowhere does the text of Proposition 227 explicitly mention racial minorities generally, or any racial minority in particular," the Ninth Circuit opinion states. "Rather, the initiative merely provides that 'children in California public schools' shall be taught in English. Furthermore, the record is devoid of any evidence that Proposition 227 was crafted from racial animus."

The Ninth Circuit confirmed the lower court's opinion that Proposition 227 does not harbor "any hidden agenda of racial or national origin discrimination against any group . . . The debate is a neutral one, about which system will provide LEP [limited English proficient] children with the best education to enable them to function as American citizens and enjoy the opportunities and privileges of life in the United States."

Pacific Legal Foundation Attorney Sharon L. Browne successfully defended Proposition 227. Following the Ninth Circuit's ruling, she stated: "We are overjoyed that the court has recognized Proposition 227 as the lawful, nondiscriminatory solution to a broken down system that provided nothing more than a disservice to California's English learning students."

The initiative was approved by California voters in June 1998 by a margin of 61% to 39%. According to the Washington Times (National Weekly Edition, 10/14-20/02) a poll taken in Los Angeles prior to the election found that Proposition 227 was supported by 84% of Latino voters as well as 80% of non-Hispanic white voters.

Its passage essentially dismantled California's 30-year-old practice of teaching LEP students in their native language and replaced it with a system of "sheltered English immersion," which means students are provided with a temporary transition period not to exceed one year before being placed in English-only classrooms. Students are allowed waivers from English immersion when there is a need and parental consent.

After Proposition 227 became law, LEP 2nd graders' test scores in spelling, language, reading, and math rose dramatically on statewide tests. (See Education Reporter, April 2002.)