Legal AspectS of Dual

Language InstructionWeek 12

ENG 514

Historical aspects

• World War II is often seen as the beginning of

greater rights for various groups, starting with the

civil rights movement in the African American

community, which reformed many areas, including

education.

• This lead to changes in education rights for LEP

(limited English Proficiency) individuals.

• This isn‟t one simple rule—it‟s a complex web of

statutes and case laws that define the rights and

entitlements of LEP individuals.

Case Law

In reaction to large waves of immigration in the early 1900s as well as reactions to WW I, dual language dwindled in popularity as anti-foreign sentiments rose.

WWII triggered a re-interest in dual language/foreign language learning because of an immediate need for expertise in a number of languages in order to 1) communicate with allies and 2) maintain effective intelligence efforts.

Following the war, the US passed the National Defense Education Act (1958), which included support for foreign language instruction.

CASE Law, continued

• Brown vs. Board of Education (1954)- established separate facilities that were the product of intentional segregation were unequal, which reversed a decision from 58 years before (Plessy vs. Ferguson, 1896).

• This was used to eventually break down segregation on buses, trains, restaurants, housing (though some of this remained through at least the 1980s), and schools.

• Bilingual programs established in Florida for Spanish-English speaking children instigated the demand for programs for other non-English speaking children, improving the climate for dual language programs beginning in the late 1950s and early 1960s.

Bilingual education act

(title vii)

• Title VII of the Elementary and Secondary Education act—passed in 1968

• 1969-- $7.5 million appropriated to support bilingual programs.

• Directed at children from environments where the language was not English and whose families had incomes of less than $3,000 per year.

• Did not mandate dual language instruction for all students or any students. It did, however, set national policy regarding services for LEP: 1) through legislative language and 2) through infrastructure (training of instructors, research and program evaluation)

In 1974…

• Two events this year: 1) the case of Lau vs. Nicols and 2) equal educational opportunities act (EEOA) of 1974

• Lau• In 1969, 1,800 language minority children in the San

Francisco district sued the district, claiming that LEP children were being denied equal educational opportunity

• The lower court ruled against them, but the supreme court ruled in favor of the plaintiffs because of title VII.

• The original ruling offered no solutions, but the document known as “Lau Remedies” established standards for identifying LEP children, assessing them, and meeting their needs.

EEOA restates the underlying principle of the Lau decision in statutory form.

No child left behind &

bilingual education

• January 2002—ESEA in its current reauthorization is signed into law in the form of NCLB act of 2001.

• NCLB shifts the focus from bilingual education and the maintaining of a first language to focusing solely on English language development.

• It is funded as a state formula grant, and is likely to be funded by the federal government to serve English language learners at a semi high rate, but also provides a strong push towards English-only in the schools.

• Requires that states develop annual achievement standards in statewide assessments in the areas of reading/language arts, mathematics, and science (added in 2007/08).

• ELLs must take the reading and language arts tests after they have attended schools in the US for 3 consecutive years—math and science must be taken earlier.

WEEK 12 BLOG

ASSIGNMENT

• “Research about schooling is generally politically informed. Given the particularly acrimonious debate about bilingual education, the term „scientifically based research‟ has excited controversy across the educational community” (p. 147-8).

• Can you find an example of this debate (if the article is online, please provide a link)? If not, can you tell about exchanges you‟ve heard in your schools or larger communities regarding the education of ELLs? What is the general attitude in your area towards NCLB and LEPs/ELLs?