Chicanx-Latinx Law Review

This Comment examines the educational experiences of Indigenous Latine communities within the California public education system, utilizing existing state and federal law in conjunction with human rights framework outlined in the United Nations Declaration of the Rights of Indigenous Peoples (U.N. Declaration). While the Every Student Succeeds Act (ESSA) provides certain protections and programs for Native American students, the narrow statutory definition of “American Indian” excludes Indigenous Mexican students, hindering their access to critical educational benefits. Through a comprehensive analysis spanning historical, political, and legal contexts, this Article elucidates the systemic disparities faced by Indigenous Latine students, particularly focusing on the case study of Mixtec-speaking Indigenous Mexican students in a California school district.

Part I of this Comment outlines the human rights framework established by the U.N. Declaration, juxtaposing the educational rights afforded to Native American students with the challenges encountered by Indigenous Latine populations. Part II delves into the historical and political dynamics shaping Indigenous Latine education, exploring intersections such as immigrant status and English language proficiency. Part III presents a case study examining the educational experiences of Indigenous Mexican students within the California public school system, assessing their rights under both the U.N. Declaration and the ESSA. Finally, Part IV offers policy recommendations aimed at advancing educational equity for Indigenous Latine immigrant students.