McLaughlin

I.

Introduction

In the Primary Election held in June 1998, the voters of California passed Proposition 227, the “English Language in Public Schools” initiative statute, creating a new chapter in California’s Education Code (the Chapter). The enacted statutory scheme requires children in California’s public schools who are of “Limited English Proficiency” (LEP) to be taught only in English, subject to the right of the parents of each affected child to seek a waiver from the requirement of English-only instruction. We are asked to decide solely whether the Chapter is subject to the waiver provision of Education Code section 33050, which generally allows local school districts to apply to the State Board of Education (State Board) for waivers from program requirements of the Education Code not enumerated in that section. The parties and amici curiae agree that Proposition 227 is silent as to section 33050.

We conclude that the plain meaning of Proposition 227 was to guarantee that LEP students would receive educational instruction in the English language, and that English immersion programs would be provided to facilitate their transition into English-only classes.…