Davis

MEMORANDUM OPINION

The Court has read and considered the papers filed in connection with the motion to dismiss brought by the Defendant State Board of Education and its members, and the motion for summary judgment brought by the Plaintiffs, and has considered the arguments of counsel at the hearing on the matter, and now HEREBY GRANTS the Defendant’s motion to dismiss, construed as a motion for summary judgment, and HEREBY DENIES the Plaintiffs’ motion for summary judgment, for the following reasons:

I. INTRODUCTION

This case involves a provision of Proposition 227, the ballot initiative passed by California voters on June 2, 1998, titled “English Language in Public Schools.” The initiative requires non-English speaking children in California public schools to be taught only in English. This suit challenges only the provision of the initiative which gives parents a private cause of action against teachers and school administrators who violate the law. The Plaintiffs are individual teachers, teacher organizations, and school administrator organizations, who assert the provision is facially unconstitutional and seek to enjoin enforcement.

The Defendants State Board of Education…