Davis

On behalf of a class of California public school students and their parents, Angel V. appeals from the district court’s judgment, entered after a bench trial, dismissing plaintiffs’ claim that California’s Proposition 227, which replaces bilingual education programs with a curricular program designed to teach students in English, facially violates the Equal Protection Clause of the United States Constitution. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. BACKGROUND

On June 2, 1998, California voters approved Proposition 227 by a margin of 61 to 39 percent. Declaring that “[t]he government and the public schools of California have a moral obligation and a constitutional duty to provide all of California’s children ... with the skills necessary to become productive members of our society, and of these skills, literacy in the English language is among the most im *1038 portant,” Proposition 227 dismantled California’s public school bilingual education programs, which taught limited English proficient (“LEP”) students in their native language.

Proposition 227 replaces bilingual education with a system of “structured English immersion,” in which children are…