Transcript Educating English Language Learners James Crawford

Educating English Language
Learners
James Crawford
Chapter 5
The Evolution of Federal Policy
Untangling the Lines of Authority
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1998 Proposition 227 took effect
San Francisco and San Jose continue to provide
bilingual education- Federal authority trumps
state/local
Arguments raised when seeking overturn of
Proposition 227 – If bilingual education is required
to safeguard civil rights of ELL in those districts,
why not all ELL? (page 106)
Generally US left responsibility of schools to state
and local governments before 1960’s
National Defense Education Act
Civil Rights Acts
Elementary and Secondary Education Act of 1965
Genesis of Title VII
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Bilingual Education Act
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Law focus was aimed at children that were
both poor and lacked the ability to speak
English
Support was extended to all children who
came from backgrounds were English was not
the home language
1960’s increased attention for Spanish
speaking Americans
Pg 108 Birth of Bilingual Movement
Federal Funding for programs
Late 1960s States start passing laws
authorizing instruction in languages other than
English
Simple Justice
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1970’s Federal policy is largely in
response to civil rights activism
Equal treatment for ELL meant
unequal opportunities to succeed
De facto and De jure segregation
Civil Rigthts Act Title VI
Serna v. Portales Municipal Scools –
first court mandate for bilingual
education
Lau Decision
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California begins in 1970
“These Chinease Children were
being denied ‘education on equal
terms’.
Supreme Court rules in 1974
Office of Civil Rigths visits schools
to see if schools are complying
Lau Remedies
Contradictions of Title VII
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1973-1974 Adjustments are made to BEA
Transition and Maintence
“ultimate goal of bilingual education is a
student who functions well in two
language in any occasion” page 115
By mid 1970’s backlash and critics
American Institutes for Research – 19771978 First large scale evaluation of
bilingual education showed that
researchers could find no evidence for
overall effectiveness of bilingual
education.
Segregation Question
Some Hispanic leaders feared that bilingual tracks
might in fact lead to de facto segregation
Alfredo Mathew quote – “Bilingual programs remain
open to the possibility of involving blacks and
whites …”
Where bilingual programs keeping schools
segregated?
More amendments to BEA in 1978Native language would be used ONLY “to the
extent necessary to achieve competence of
English Language
Students eligible were all children of limited
English proficiency
Office of Civil Rights
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OCR monitored schools
Lau Remedies
Lau Regulations- 1980 Carter
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Reaction was negative
Congress blocks rules
Content Based ESL
Regan Statement on Bilingual Education
120
Legislative Fallout
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Regan administration looks at
effectiveness of program failure to
prove superiority of bilingual
education
Alternates such as Fairfax ESL
model, Structured immersion
1983 Reauthorization of BEA
1984 Reagan praises “effective
bilingual programs”
Special Alternative Instructional
Programs
OCR Retreat
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Civil rights enforcement became more difficult
(mid 1980s)
“Case by Case” basis
Decisions of services were being left to the school
OCR no longer had as much “power” as long as
schools could claim to be serving LEP children in
some fashion. 124
Basically in the 80’s OCR lost its power when
reviewing cases and making sure schools were
upholding Lau.
In the Clinton era new OCR head Norma Cantu
tried to become more visible but not much
support interest from Clinton Administration
Castañeda Standard
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Equal Educational Opportunities Act of
1974
Castañeda v. Pickard requires school
districts to “take appropriate action to
overcome language barriers that impede
equal participation by it’s students in its
instructional programs.”
Distrticts and States were held to the
Castaneda 3 Criteria (standard)
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It must be based on a sound educational
theory
It must be implemented effectively with
adequate resources and personnel
After a trail period it must be evaluated as
effective in overcoming language handicaps