Chronology of Federal and State Law and Policy
Impacting Language Minority Students
How has federal policy for language minority students evolved in the U.S.?
1920s-1960s
English immersion or “sink-or-swim” policies are the dominant method of instruction
of language minority students. Few or no remedial services are available, and
students are generally held at the same grade level until enough English is
mastered to advance in subject areas
1963
Success of a two-way bilingual program for Cuban refugee children in Dade County,
Florida, inspires the implementation of similar programs elsewhere.
1964
Civil Rights Act: Title VI prohibits discrimination on the basis of race, color, or
national origin in the operation of all federally assisted programs.
1968
The Bilingual Education Act, Title VII of the Elementary and Secondary Education
Act of 1968: Establishes federal policy for bilingual education for economically
disadvantaged language minority students, allocates funds for innovative programs,
and recognizes the unique educational disadvantages faced by non-English
speaking students.
1978
Amendments to Title VII emphasize the strictly transitional nature of native language
instruction, expand eligibility to students who are limited English proficient (LEP),
and permit enrollment of English-speaking students in bilingual programs.
1982
Amendments to Title VII allow for some native language maintenance, provide
program funding for LEP students with special needs, support family English literacy
programs, and emphasize importance of teacher training.
1988
Amendments to Title VII include increased funding to state education agencies,
expanded funding for “special alternative” programs where only English is used,
established a three-year limit on participation in most Title VII, and created
fellowship programs for professional training.
1994
Comprehensive educational reforms entail reconfiguration of Title VII programs.
New provisions reinforce professional development programs, increase attention
to language maintenance and foreign language instruction, improve research and
evaluation at state and local level, supply additional funds for immigrant education,
and allow participation of some private school students.
2001
No Child Left Behind Act of 2001 (NCLB): The reauthorization of the Elementary
and Secondary Education Act of 1965 appropriates funds to states to improve the
education of English learners by assisting children to learn English
and meet challenging state academic content and student academic achievement
standards. Legislation for English learners is found under Title III of NCLB.
2015
Every Student Succeeds Act (ESSA): The reauthorization of the Elementary and
Secondary Education Act of 1965 on December 10, 215 replaces NLCB. ESSA
strengthens and enhances the equitable services provisions and provides more
State and district level accountability.
What court rulings have impacted the education of language minority students in the U.S.?
SUPREME COURT
1974
Lau v. Nichols
This suit by Chinese parents in San Francisco leads to the ruling that identical education does not constitute equal education under Title VI of the Civil Rights Act of 1964. School districts must take affirmative steps to overcome educational barriers faced by non-English speakers. This ruling established that the Office for Civil Rights, under the former Department of Health, Education, and Welfare, has the authority to establish regulations for Title VI enforcement.
This suit by Chinese parents in San Francisco leads to the ruling that identical education does not constitute equal education under Title VI of the Civil Rights Act of 1964. School districts must take affirmative steps to overcome educational barriers faced by non-English speakers. This ruling established that the Office for Civil Rights, under the former Department of Health, Education, and Welfare, has the authority to establish regulations for Title VI enforcement.
1982
Plyler v. Doe
Under the Fourteenth Amendment of the U.S. Constitution, the state does not have the right to deny a free public education to undocumented immigrant children.
Under the Fourteenth Amendment of the U.S. Constitution, the state does not have the right to deny a free public education to undocumented immigrant children.
FEDERAL COURT
1971
United States of America v. State of Texas, et al.
This desegregation case centered on the issue of discrimination and whether the San Felipe and Del Rio school districts were providing Mexican American students an equal educational opportunity. On August 6, 1971, Judge William Wayne Justice ordered the consolidation of the two districts. As a result of the lawsuit, the federal court came down with a court order, Civil Action 5281, which eliminates discrimination on grounds of race, color, or national origin in Texas public and charter schools.
This desegregation case centered on the issue of discrimination and whether the San Felipe and Del Rio school districts were providing Mexican American students an equal educational opportunity. On August 6, 1971, Judge William Wayne Justice ordered the consolidation of the two districts. As a result of the lawsuit, the federal court came down with a court order, Civil Action 5281, which eliminates discrimination on grounds of race, color, or national origin in Texas public and charter schools.
1974
Serna v. Portales
The 10th Circuit Court of Appeals found that Spanish surnamed students’ achievement levels were below those of their Anglo counterparts. The court ordered Portales Municipal Schools to implement a bilingual/bicultural curriculum, revise procedures for assessing achievement, and hire bilingual school personnel.
The 10th Circuit Court of Appeals found that Spanish surnamed students’ achievement levels were below those of their Anglo counterparts. The court ordered Portales Municipal Schools to implement a bilingual/bicultural curriculum, revise procedures for assessing achievement, and hire bilingual school personnel.
1978
Cintron v. Brentwood
The Federal District Court for the Eastern District of New York rejected the Brentwood School District’s proposed bilingual program on the grounds that it would violate “Lau Guidelines” by unnecessarily segregating Spanish-speaking students from their English-speaking peers in music and art. The court also objected to the program’s failure to provide for exiting students whose English language proficiency was sufficient for them to understand mainstream English instruction.
The Federal District Court for the Eastern District of New York rejected the Brentwood School District’s proposed bilingual program on the grounds that it would violate “Lau Guidelines” by unnecessarily segregating Spanish-speaking students from their English-speaking peers in music and art. The court also objected to the program’s failure to provide for exiting students whose English language proficiency was sufficient for them to understand mainstream English instruction.
1978
Rios v. Reed
The Federal District Court for the Eastern District of New York found that the Pastchogue-Medford School District’s transitional bilingual program was basically a course in English and that students were denied an equal educational opportunity by not receiving academic instruction in Spanish. The court wrote: “A denial of educational opportunities to a child in the first years of schooling is not justified by demonstrating that the educational program employed will teach the child English sooner than a program comprised of more extensive Spanish instruction.”
The Federal District Court for the Eastern District of New York found that the Pastchogue-Medford School District’s transitional bilingual program was basically a course in English and that students were denied an equal educational opportunity by not receiving academic instruction in Spanish. The court wrote: “A denial of educational opportunities to a child in the first years of schooling is not justified by demonstrating that the educational program employed will teach the child English sooner than a program comprised of more extensive Spanish instruction.”
1981
Castañeda v. Pickard
Reputed to be the most significant court decision affecting language minority students after Lau. In responding to the plaintiffs’ claim that Raymondville, Texas Independent School District’s language remediation programs violated the Equal Educational Opportunities Act (EEOA) of 1974, the Fifth Circuit Court of Appeals formulated a set of basic standards to determine school district compliance with EEOA.
The “Castañeda test” includes the following criteria: (1) Theory: The school must pursue a program based on an educational theory recognized as sound or, at least, as a legitimate experimental strategy; (2) Practice: The school must actually implement the program with instructional practices, resources, and personnel necessary to transfer theory to reality; (3) Results: The school must not persist in a program that fails to produce results.
Reputed to be the most significant court decision affecting language minority students after Lau. In responding to the plaintiffs’ claim that Raymondville, Texas Independent School District’s language remediation programs violated the Equal Educational Opportunities Act (EEOA) of 1974, the Fifth Circuit Court of Appeals formulated a set of basic standards to determine school district compliance with EEOA.
The “Castañeda test” includes the following criteria: (1) Theory: The school must pursue a program based on an educational theory recognized as sound or, at least, as a legitimate experimental strategy; (2) Practice: The school must actually implement the program with instructional practices, resources, and personnel necessary to transfer theory to reality; (3) Results: The school must not persist in a program that fails to produce results.
1981
United States v. State of Texas et al., January 12, 1981
The U.S. District Court for the eastern district of Texas, Tyler division, instructs TEA to phase in mandatory bilingual education in grades K-12. This decision outlined specific requirements including: three year monitoring cycles, identification of ELLs, and a language survey for students entering school. It also established the need for exit criteria.
The U.S. District Court for the eastern district of Texas, Tyler division, instructs TEA to phase in mandatory bilingual education in grades K-12. This decision outlined specific requirements including: three year monitoring cycles, identification of ELLs, and a language survey for students entering school. It also established the need for exit criteria.
1982
United States v. State of Texas et al., January 12, 1982
The U.S. Court of Appeals, Fifth Circuit reverses the previous judgment of U.S. v. State of Texas et al., January 12, 1981 because of state legislation enacted in 1981.
The U.S. Court of Appeals, Fifth Circuit reverses the previous judgment of U.S. v. State of Texas et al., January 12, 1981 because of state legislation enacted in 1981.
1983
Keyes v. School District #1
A U.S. District Court found that a Denver public school district had failed to adequately implement a plan for language minority students, which is the second element of the “Castañeda Test.”
A U.S. District Court found that a Denver public school district had failed to adequately implement a plan for language minority students, which is the second element of the “Castañeda Test.”
1987
Gomez v. Illinois
The Seventh Circuit Court of Appeals ruled that State Education Agencies are also required under EEOA to ensure that language minority student’s educational needs are met.
The Seventh Circuit Court of Appeals ruled that State Education Agencies are also required under EEOA to ensure that language minority student’s educational needs are met.
Noteworthy legislation in Texas regarding bilingual education
1969
HB 103
The 61st legislature passed the state’s first bilingual education bill. This Act acknowledged English as the primary language of instruction in school and allowed but did not require school districts to provide bilingual instruction through Grade 6.
The 61st legislature passed the state’s first bilingual education bill. This Act acknowledged English as the primary language of instruction in school and allowed but did not require school districts to provide bilingual instruction through Grade 6.
1973
SB 121
The 63rd legislature passed the Texas Bilingual Education and Training Act. This Act directed each school district in which 20 or more LEP students in the same grade shared the same language classification the previous year to institute a program of bilingual instruction beginning with the 1974-75 school year.
The 63rd legislature passed the Texas Bilingual Education and Training Act. This Act directed each school district in which 20 or more LEP students in the same grade shared the same language classification the previous year to institute a program of bilingual instruction beginning with the 1974-75 school year.
1978
In November, the State Board of Education adopted the rules governing the
implementation of special language programs for LEP students.
1981
SB 477
This Act strengthened the guidelines necessary to implement the state bilingual plan and established the Language Proficiency Assessment Committees (LPAC).
This Act strengthened the guidelines necessary to implement the state bilingual plan and established the Language Proficiency Assessment Committees (LPAC).
2005
HB 1
The 79th legislature 3rd called session amended Chapter 29.0561 to specify monitoring criteria during the two (2) years after students exit the special language program.
The 79th legislature 3rd called session amended Chapter 29.0561 to specify monitoring criteria during the two (2) years after students exit the special language program.
2007
SB 1871
The 80th legislature enacted the data collection of special language program models for the two state mandated programs; four (4) for bilingual education and two (2) for ESL.
The 80th legislature enacted the data collection of special language program models for the two state mandated programs; four (4) for bilingual education and two (2) for ESL.
2009
HB 3
The 81st legislature eliminated versions of grade 6 for reading and math Spanish tests.
The 81st legislature eliminated versions of grade 6 for reading and math Spanish tests.
2015
HB 218
The 84th legislature added language to Section 29.061 that stated that a school district that provides a bilingual education program using a dual language immersion /one-way or two-way program model may assign a teacher certified appropriately for bilingual education for the component of the program provided in a language other than English; and assign a teacher certified appropriately for bilingual education or English as a second language for the component of the program provided in English.
The 84th legislature added language to Section 29.061 that stated that a school district that provides a bilingual education program using a dual language immersion /one-way or two-way program model may assign a teacher certified appropriately for bilingual education for the component of the program provided in a language other than English; and assign a teacher certified appropriately for bilingual education or English as a second language for the component of the program provided in English.
