Bilingual Education

Education Program

The "English Only for the Children" Ballot Initiatives

Background

Education initiatives on the 2002 ballots in two states to replace most bilingual education programs with a classroom technique called "sheltered English immersion" found success Massachusetts and failure in Colorado. Both initiatives were authored and funded by Calif. businessman Ron Unz. Similar initiatives to curtail bilingual education programs were approved by Calif. and Ariz. voters in 1998 and 2000, respectively.

Initiative proponents say they want children to learn English. They stress that Limited English proficient (LEP) students shouldn't receive unfair advantages, such as native language instruction in the classroom. They also say that bilingual education is an ineffective approach to English instruction. Advocates say that the limited "sheltered immersion" programs created by the initiatives should expedite the English language acquisition process and draw LEP students quickly into education's mainstream.

Opponents to the initiatives say that they curtail parental choice in how their children are educated and ignore research on child learning and language acquisition. Critics emphasize that the Colo. and Mass. initiatives leave educators vulnerable to lawsuits. In Colo. for example, educators found in violation of the law can be sued or removed from teaching or holding public office for up to five years.

Colorado: Amendment 31

Requires that all public school students be taught in English unless they are exempted under the proposal; requires students who do not speak English to learn the language through an English language immersion program and transferred to a regular classroom, generally after one year. Allows parents or legal guardians to request a waiver from English immersion requirements for students over 10-years-old, students with special needs and those who already are proficient in English; allows schools to approve or deny waiver requests. Authorizes a parent or legal guardian to sue for proposal enforcement; specifies that parents who receive a waiver for a special needs child have a 10-year time window to sue school officials for issuing the waiver if they contend that the waiver injured their child's education. Requires English learners in grades two through 12 to be tested annually in English using a nationally standardized test of academic subject matter. Allows that a school district employee or school board member may be sued and held personally liable for failing to implement English immersion programs.

Legislative Information on Amendment 31

Colorado General Assembly

Amendment 31 Text:

Amendment 31 Fiscal Impact Statement:

Amendment 31 Blue Book Analysis:

Amendment 31 News and Opinion

Massachusetts: Question 2

Mass. lawmakers this year approved a comprehensive bilingual education reform bill. Some say legislators crafted the effort in hopes of thwarting the passage of Question 2. Most of its provisions would be permanently changed if Question 2 passes in November. Below is a summary of Chapter 218 of the Acts of 2002, the bilingual education reform legislation enacted in August.

The Current Law: Chapter 218 of the Acts of 2002

Allows districts (pending education Commissioner approval) to choose English language learner (ELL) programs or program combinations for implementation in schools. Defines program options as: Transitional Bilingual Education, Two-way Bilingual Education, Modified Bilingual-World Language, Structured English Immersion, and English as a Second Language (ESL).

Stipulates that in districts with 20 or more LEP students in any single language group, ESL cannot be the only ELL program option. Requires school committees to establish policies directing districts to offer at least two ELL programs in districts with 50 or more LEP students in any one language group at a given school level (elementary, middle, or high school).

Requires districts with LEP students to submit a District Plan every three years for education Commissioner approval. Directs that the plan include the following information:

Proposed ELL program or program combination to be used
How the proposed ELL programs will assist LEP students with English proficiency
Opportunities for LEP students to maintain native language proficiency in districts with 20 or more such students in any one language group
Teacher qualifications
A 14-point ELL plan for districts with 20 or more LEP students in a single language group; a five-point plan for districts with fewer than 20 students in a single language group.

Requires districts to annually assess LEP student progress toward English proficiency; directs the Commissioner to analyze and publish data collected on LEP students. Allows LEP students to remain in ELL programs for up to two years, with the possibility of an additional year of specialized instruction. Specifies that if a student does not make sufficient progress after one year, the school must develop an intensive English Language Success Plan for that student's second year. Allows LEP students in a two-way bilingual program to remain in the program longer than the prescribed time limit if they become English-proficient within the prescribed time.

Requires that ELL programs be aligned with the Massachusetts Curriculum Frameworks, so LEP students may have access to the same standards.

Requires the Office of Educational Quality and Accountability to review and evaluate district ELL programs once every five years; establishes an Office of Language Acquisition within the Department of Education to assist the Commissioner in overseeing ELL program development and implementation.

Directs the Commissioner to recommend to the Board of Education that a district be declared under-performing if a review shows that the district is substantially out of compliance with its plan or is failing to improve educational outcomes for LEP students; establishes a remediation process for under performing schools and districts.

Requires ELL teachers to be board-certified in bilingual education. Allows for waivers (on an annual basis) where there is a shortage of certified bilingual teachers, but limits the number of years that a non-certified bilingual teacher can work under a waiver; requires that ELL teachers working under a waiver are proficient in written and verbal English.

Allows students in ELL programs to be counted as LEP students in the calculation of the foundation budget.

Requires districts to notify parents of LEP students before developing a district plan. Directs that parents must be involved in the development and review of the plan; re-establishes Parent Advisory Councils; requires a public hearing on the district ELL plan to provide a forum for public input. Allows parents to opt-in ELL programs.

Massachusetts: Question 2

This ballot initiative replaces current state law providing transitional bilingual education in public schools with a law that requires public school students to learn English by being placed in English language classrooms and taught all subjects in English. Introduces the term "English Learner" (EL) to define a child who is unable to perform ordinary class work in English. Introduces "sheltered English immersion," as the educational methodology; requires that subject matter is taught exclusively in English.

Requires districts to place ELs in a sheltered English immersion program for a temporary transitional period not normally to exceed one year. Allows schools to place ELs of different ages and native language groups in the same classroom. Allows teachers and other school district employees to be personally sued for failure to implement the initiative, which includes using an LEP student's native language for instruction.

Requires that a national standardized test of academic subject matter be annually administered to ELs in grades two and above. Requires that a national standardized test of English proficiency be administered annually to ELs starting in kindergarten.

Establishes no specific time limits for district accountability. Allows parents of ELs to apply for bilingual education program instruction waivers; specifies that students are entitled to such a program if 20 or more parents in a grade level from an individual school have obtained waivers. Specifies that parents may only apply for waivers if their child already knows English, is age 10 or older, or has special needs. Allows parents of ELs to sue for enforcement of this policy. Allows parents to sue individuals who granted them waivers if they determine that it was induced by misrepresentation and injured their child's education.

Requires the state to encourage family members and others to provide personal English language tutoring to ELs. Establishes a fund (subject to the state appropriations process) to be used for community-based adult English instruction programs for parents or others who pledge to provide tutoring to English learners.

Legislative Information on Question 2
Mass. Legislative Staff-Prepared Chart
This chart compares the legislative status of Bilingual Education in Mass. before this year's reforms, under the reforms and illuminates how the law would change with Question 2's passage.

Official Mass. Voter information on Question 2

Question 2 Text

Question 2 News and Opinion

Bilingual Education Restricted in Arizona
Proposition 203 (Passed in 2000)
Requires that all public school instruction be conducted in English. Directs that children not fluent in English should be placed in an intensive one-year sheltered English immersion program to teach them the language as quickly as possible while allowing them to also learn other academic subjects in English. Allows that parents may request a waiver of these requirements for children who already know English, are more than 10 years old, or have special needs. Allows that regular foreign language programs are completely unaffected. Permits initiative enforcement lawsuits by parents and guardians. Allows the parent or legal guardian of any public school student to sue for enforcement of this statute, and if successful, directs that they be awarded customary attorney's fees, actual and compensatory damages, but not punitive or consequential damages. Specifies that any school board member, elected official or administrator who "willfully and repeatedly" refuses to implement the terms of this statute may be held personally liable for fees and actual and compensatory damages by the child's parents or legal guardian; provides that any individual found liable be removed from office, and barred from holding any position of authority anywhere within the state for five years.

Bilingual Education Restricted in California
Proposition 227 (Passed in 1998)
Requires California public schools to teach limited English proficient (LEP) students in special classes that are conducted in English. Eliminates "bilingual" classes in most cases. Shortens the time most LEP students stay in special classes. Requires LEP students to move from special classes to regular classes when they have acquired a good working knowledge of English. Directs that the special classes should not last longer than one year. Eliminates most programs that provide special classes to LEP students over several years. Allows parents to request a waiver of these requirements for children who already know English, over 10 years old, or have special needs. Specifies that if a school allows 20 or more LEP students in a grade to choose to take lessons in a language other than English, the school must provide such a class. Allows that if there are not at least 20 students, then the school should allow the students go to other schools that have classes in those languages. Requires the state to provide $50 million annually over 10 years for English classes to serve adults who promise to tutor LEP students.

Oregon's "Sheltered English Immersion" Bill
SB 919 (Failed in 2001)
Directs school districts to offer sheltered English immersion programs. Requires public school students to be placed in classrooms where English is the language of instruction. Establishes a process for waiver of requirement for children who know English, are more 10 years of age or older or have special needs best-suited to different educational approach. Foreign language classes or English learners who receive special education and related services from requirement. Allows parents or legal guardians to sue school districts, board members and school employees. Declares that a board member who violates English language instruction provisions is ineligible to serve on board for five years. Directs Teacher Standards and Practices Commission to suspend or revoke the administrator or teacher license and registration of anyone found to have violated the initiative.

Status: In Committee Upon Adjournment, July, 2001

Language Policy Resources

U.S. Department of Education
State by State Information on Bilingual Education Policy
From the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs (formerly called the National Clearinghouse for Bilingual Education).

Education Commission of the States (ECS)
Quick facts on Bilingual Education and related terminology
"The bilingual programs of today are mostly a product of the Bilingual Education Act (Title VII) passed in 1968. Congress passed the act as part of Civil Rights Title VI, which prohibits discrimination, based on race, color or national origin in programs or activities receiving federal financial assistance. The Bilingual Education Act requires that, when needed, schools must provide equal educational opportunities specifically for language-minority students. The Office of Civil Rights (OCR) enforces the act...."

ECS
Frequently Asked Questions
Includes a glossary of terms and answers to questions regarding Bilingual education program staffing, funding and availability.

ECS
Bilingual/English as a Second Language(ESL) legislation

ECS
A Survey of State ESL Funding Systems
ECS randomly selected 10 states to assess the various approaches to funding English as a Second Language program. The following information describes programs in seven states: California, Florida, Maryland, Michigan, New Jersey, New York and Texas. As of FY 2001-02, Delaware, Ohio and West Virginia did not provide funding for bilingual programs in their state budgets.

News, Opinion and Analysis

Education Week
Special section on Bilingual education

Language Policy Web site (former Education Week editor James Crawford)
Comprehensive site with research and analysis of Bilingual education issues

The Education Policy Analysis Archives (Arizona State University):
A validity Critique of Language Program Evaluations and Analysis of English Learner Test Scores

National Association for Bilingual Education (NABE)
Frequently Asked Questions
Provides brief answers to questions surrounding bilingual education.

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