On Tuesday, Latino advocacy groups filed a lawsuit against Texas claiming that the state's schools do not provide enough resources for English language learners.

The 27-page-long complaint was filed by the Mexican American Legal Defense and Educational Fund representing the League of United Latin American Citizens, Associated Press reports. The lawsuit claims Texas is not adhering to the Equal Educational Opportunities Act of 1974, which says that a state can't hold a student back by not taking "appropriate action to overcome language barriers that impede equal participation."

"Contrary to popular belief, a majority of ELL students in secondary schools are not classified as recent immigrants," the lawsuit says.

San Antonio's Southwest Independent School District and North East Independent School District are called out, but the complaint says the problem is statewide.

"It could have been hundreds of school districts," David Hinojosa, MALDEF's southwest regional counsel, told AP. "It would be an exception not to be sued."

The lawsuit describes Texas schooling as "grossly deficient," The Texas Tribune reports. It specifically calls out middle schools and high schools, where it says ELL students "continue to perform abysmally."

According to The Texas Tribune, Texas has 5 million public school students, and about 17 percent of them are ELL students. About 90 percent of these ELL students are Latino.

"Many of the allegations have already been heard in federal court and defended by the state," Lauren Callahan, a spokeswoman for the Texas Education Agency, told The Texas Tribune. "We stand ready to defend them again."

The lawsuit also claims that the standards and training associated with English language teachers are minimal. As a result, the complaint points out that less students are graduating out of their ELL programs. For example, the complaint provides data revealing that 56 percent of Texan students from grades 3-12 failed to advance at least one level in state language proficiency exams.

"These students' chances of succeeding in the mainstream programs and exiting the ELL programs diminish as they progress in grade level," the lawsuit says.

According to a Southwest Independent School District spokeswoman, the district has not been served yet but believes "in the education of all students from all backgrounds, and we look forward to sharing our academic progress." North East Independent School District has not commented on the lawsuit.
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Follow Scharon Harding on Twitter: @ScharHar.

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