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Elizabeth Jiménez, CEO GEMAS Consulting and Advocacy
This session will provide an overview of
Major legislation Policies landmark court decisions Ballot initiatives
Participants will examine key statistical data on the make up and size of the English learner population in the US
Terminology to Know
OCR LEP/FEP EL or ELL ELD or ESL SDAIE or Sheltered Instruction Sheltered English Immersion Opportunity to Learn AMAO
S. L1 is a critical tool with which to do so Schools have an obligation to attend to the unique language development needs of EL – Lau vs. Pickard (1981) 2 .S. Learning a new language takes time. middle school EL must play catchup To close the achievement gap. Constitution Brown v. not all Latinos are EL Not all EL students arrive in kindergarten. 483 (1954) LAU v. accelerate learning. Nichols (1974). so by deﬁnition. Board of Education 347 U. Nichols (1974) Castañeda v. US Supreme Court Legal History The courts have long played a role in the education of English learners The Fourteenth Amendment to the U.12/4/08 Terminology Changes Over Time Language Deﬁcient Punished for speaking a language other than English Often placed in special education Often retained LES/NES – Limited English Speaking/Non-English Speaking Compensatory focus – bilingual education only for ʻlos pobrecitos” LES/NES/MES LEP – Limited English Proﬁcient EL – English Learner AYP sub-group most often failing to meet goal Non-nonʼs Protracted English learners What Policy Makers Need to Know Not all EL are Latinos.
Constitution Title VI Civil Rights Act (1964 ) Bilingual Education Acts (1968 and 1974) State speciﬁc bilingual education legislation State ballot initiatives Legislative History In 1968 the Title VII of the Elementary and Secondary Education Act became law First time schools changed for the child rather than the child having to change for the school Shifted focus – bilingualism became the default preference in hiring OCR (1970) Interpreting Title VI of Civil Rights Act “Where inability to speak and understand English excludes national origin minority children from effective participation in the educational programs offered by a school district.12/4/08 Legislative History The Fourteenth Amendment to the U.” 3 .S. the district must take affirmative steps to rectify the language deficiency in order to open its instructional programs to those students.
Anti-Bilingual Education Ballot Initiatives June 3. districts must have: A pedagogically sound plan for LEP students Sufﬁcient qualiﬁed staff to implement the plan (includes hiring of new staff and training of current staff) A system established to evaluate the program Castañeda did not require bilingual education programs to meet these standards. textbooks. 1998 California voters pass Proposition 227 virtually banning bilingual education except under certain special conditions and establishing a one-year "sheltered English immersion" program for all LEP students November 7. 2000 Arizona voters pass Proposition 203. Basically. It required only that "appropriate action to overcome language barriers" be taken through well-implemented programs. teachers and curriculum…for students who do not understand English are effectively foreclosed from any meaningful education…” US Supreme Court (1981) Castañeda v. Nichols “There is no equality of treatment merely by providing students with the same facilities. Pickard Set the standard for the courts in examining programs for LEP students.12/4/08 (1974) Lau vs. Massachusetts voters pass ballot initiative Question 2 4 . a very similar measure November 2002.
12/4/08 Anti-Bilingual Education Ballot Initiatives November 2002 Colorado voters defeat Amendment 31. a similar ballot initiative November 2008 Oregon voters pass Measure 58 NCLB Identiﬁed and focused attention on subgroups.org 5 .ets. including English learners Has had the side-effect of narrowing the curriculum AMAOs 1 and 2 focus on progress and attainment of English proﬁciency NCLB Requires all States to: Identify English learners Measure their English proﬁciency Include them in state testing programs that assess academic skills Source: www.
A.966% Source: Kindler.953% 1.L.906 70.021% 0.969 0.1 NCLB Requires States to: Set Annual Measurable Achievement Objectives (AMAO) for ELLs in English-language proﬁciency and performance on academic content.555% 1.045% 1.768 46. Annual Measurable Achievement Objectives must include: Annual increases in progress in learning English Annual increases in attainment of Englishlanguage proﬁciency Making Annual Yearly Progress (AYP) in the academic content areas Top 5 Languages in US Schools Spanish Vietnamese Hmong Chinese Korean 3.12/4/08 NCLB Requires States to: Establish statewide English proﬁciency standards Assess each ELL with a statewide English proﬁciency assessment that reﬂects these standards ELL students are expected to participate in regular state assessments in academic content with all other studentsʼ grades 3-8 and in high school States are expected to include the assessments of ELL students in determining Adequate Yearly Progress (AYP).598. 2002 6 .451 88.466 43.
1991-1992 through 2000-2001 summary reports. 1998-1999 School Districts with Largest Number of ELL Enrollment within each State and Percent of ELL Enrollment for Selected Districts California 565. enrollment totals from the National Center for Educational Statistics Core of Common Data.355 15.05 15.9% 336.295 % Growth From 94 .207 45% 28% 61% Opportunity to Learn Lawsuits Williams vs. state publications (1998-1999 data).144 50. State of California settled in 2004 State failed to exercise its constitutional obligation to provide equal access to education for all students in the state by allowing deﬁcient facilities.95 714.2% 417. Department of Education’s Survey of the States’ Limited English Proficient Students and Available Educational Programs and Services.084 Dade County Broward County Palm Beach County Texas 255.S.893 38.181 31.04-05 State South Carolina Kentucky Indiana North Carolina Tennessee Alabama # ELLs From 04 .7% 369.8% Sources: U.956 70.790 38. uncredentialed teachers.288 19.612 19. Worth 61.8% 371.4% 407.180 29.396 11.342 29% 32% 27% 62.658 21. 7 .12/4/08 States with Greatest ELL Student Population Growth from 94-95 .599 17% 11% 12% 326.254 Los Angeles San Diego Santa Ana Florida 165.409 Houston Dallas Ft. and inadequate or insufﬁcient instructional materials.
public schools who speak more than 400 different languages.5 million ELL students in U. teachers and curriculum…for students who do not understand English are effectively foreclosed from any meaningful education…” US Supreme Court Topic Review The rapid growth of and extension beyond the border states of US English learner population Overview of legislation and lawsuits The increasing role of the federal government in the education of all students including English learners Did You Know….? There are 5. 8 . Nichols “There is no equality of treatment merely by providing students with the same facilities.12/4/08 (1974) Lau vs. This constitutes more than 12 percent of all students in public elementary and secondary schools. textbooks.S.. Eighty percent of ELL students speak Spanish as their ﬁrst language.
Rose M.12/4/08 References www.L. Survey of the Statesʼ Limited English Proﬁcient Students and Available Educational Programs and Services 2000-2001 Summary Report (2002) Peabody Journal of Education.ets.. A.S. Current State of EnglishLanguage Learners in the U.org. K-12 Student Population. v80 n3 p126-153 2005 9 . Nettles Kindler. Payán and Michael T.
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