Bilingual Education Act

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The BEA was a significant piece of education legislation. Its passage signaled "a shift from the notion that students should be afforded equal educational opportunity to the idea that educational policy should work to equalize academic outcomes, even if such equity demanded providing different learning environments."[3]

Additionally, it reflected changes in cultural perspectives towards diversity and immigration. The BEA was an important shift away from the late 1950s anticommunist sentiment where anything foreign was suspect, which had destroyed many earlier local and state attempts at bilingual education.[3] Furthermore, it recognized that the federal government was responsible for educating immigrants to the US and opened doors for bilingual education projects on local, state, and federal levels.

Furthermore, this legislation, successfully enacted into law largely thanks to the efforts of Spanish speakers, has become an important part of the "polemic between assimilation and multiculturalism" and the role that language education in our society.[4] Because the BEA in its original form promoted celebrating linguistic and cultural differences and diversity in the U.S., it in many ways challenged assimilationist theories and the "melting pot" concept of the U.S. And yet, in its final form when passed, it did not mention the important link between language and culture, leaving the language vague. When the BEA was first introduced it mainly focused on helping students to learn English instead of encouraging students to learn Spanish and promoting language and cultural retention.[5]

The act additionally opened up a larger need for teachers who could teach language and other content within a language besides English. This placed a strain on the teaching pool available in 1968 and even today there is a shortage of teachers for these highly specialized positions. Culturally, it was argued in this time period that by teaching in a certain language it also taught specific values instead of just a way of communication.[6] According to the 2002 National Survey of Latinos from PEW Research Center, within the first generation of Spanish speaking immigrants the language proficiency is mostly either Spanish (62%) or bilingual (37%), while the second generation is more likely to be proficient in English.[7]

When Senator Yarborough introduced the bill to the Senate in 1967, he envisioned it as a way of addressing the "'poor performance in school and high dropout rates... and great psychological harm' caused by 'English-only policies, no Spanish-speaking rules, and cultural degradation'" that was evident in many schools at the time.[3]

Although the passage of the act was a bipartisan effort on behalf of Republicans and Democrats, it underwent significant changes between 1967 and 1968. Many of these changes were in the wording and framing of the act, which ultimately did not recognize the importance of biculturalism or the benefit of bilingualism or even the link between language and culture. Rather, it framed students of LESA as a "problem" that needed to be fixed. In addition, unlike what Yarborough had conceived, it provided no funding for permanent programs regarding students of LESA, as many people feared promoting a sense of entitlement in students and families benefitting from the act.

The BEA provided school districts with federal funds, in the form of competitive grants, to establish innovative educational programs for students with limited English speaking ability. The grants that the act provided were given directly to school districts and were to be used to buy resources for educational programs, to train teachers and teachers' aides, to develop and distribute materials and to create meaningful parental involvement projects. Although the act did not require the use of bilingual instruction or the use of a student's native language, its aim was to encourage innovative programs designed to teach students English. The act also gave school districts the opportunity to provide bilingual education programs without violating segregation laws, but at this time, participation was voluntary. Program effectiveness was evaluated at the end of every year and successful programs were eligible to receive federal funding for up to five years.

Because the BEA funding was provided in the form of grants, most of the financial clout lay with local and state education agencies (LEAs and SEAs). However, the federal government limited the reach of these funds in a few significant ways. To begin with, from a simple framing standpoint, the original 1968 BEA did not include any mention of instruction in or maintenance of a student's native language, limiting the potential impact of the act.

From a financial perspective, the BEA was also limited. The only programs eligible for receiving funding were programs for children between the ages of 3 and 8. Because it was meant to redress the dropout issue, the act with this caveat on funding viewed high school students of LESA somewhat of a lost cause. In addition, the act did not fund any permanent programs for educating students of LESA, but only funding exploratory programs. As a result, it did not seek to truly address the burgeoning issue of how to educate students who were not English dominant. Lastly, the funds were at first reserved for communities whose average income was below the poverty line stated in the ESEA ($3,000 in 1968). This limitation on funding had the unfortunate side effect of framing the act as a somewhat of a handout to poor, Latino communities.[3]

Due to many of these limitations and the vague wording of much of the BEA, funding was limited in the first three years to $85 million. By 1972, "only 100,391 students nationally, out of approximately 5,000,000 in need were enrolled in a Title VII-funded program."[3]

• Meyer v. Nebraska was the first U.S. Supreme Court case that addressed American education of foreign-languages. This case did away with a Nebraska law that prevented public and private schools from offering instruction in any language but English. '"The protection of the [U.S.] Constitution extends to all, to those who speak other languages as well as to those born with English on the tongue," Supreme Court Justice James C. McReynolds wrote. The decision established the principle that parents have a constitutional right to direct the upbringing of their children, including their education.'.[19]
• Lau v. Nichols was a case brought forward, in which Chinese-American students attending a public school in San Francisco alleged that the failure to provide bilingual instruction to all non-English speaking students violated their rights to education due to limited English comprehension. The case did not create a specific remedy, yet in conjunction with the Civil Rights Act of 1964, ruled in favor of the students, thus expanding the rights of students with limited English proficiency.[20]
• Serna v. Portales was a case that dictated when a "substantial group" of students with limited English proficiency was present, bilingual education was required.[20]
• Aspira v. N.Y. Board of Education required testing for students in English and their native language in order to understand if they should receive additional services and bilingual education.[20][21]
• Keyes v. School District No. 1, Denver, Colorado stated that students should receive instruction in their native language and English until proficiency in English is achieved.[22]
• Flores v. Arizona stated that Arizona must do more to fund instruction for ELL students. The Arizona courts rejected tenets of the NCLB law that changed the services provided to ELL students. This case was appealed to the U.S. Supreme Court.[23]
• Castañeda v. Pickard in 1981 created a basis for pedagogically addressing Limited English Proficiency (LEP) students. It required that districts have a plan for addressing LEP students, that schools provide qualified staff to implement that plan, and that the district has developed an effective evaluation protocol for the program. Though this case did create a more structured plan pedagogically it did not require bilingual education programs to meet these same standards. "It required only that 'appropriate action to overcome language barriers' be taken through well implemented programs."[24]

No Child Left Behind (NCLB), passed in 2002, had a significant impact on bilingual education and the Bilingual Education Act in the United States due to its emphasis on high-stakes testing. As a result of NCLB and its emphasis on testing, the Bilingual Education Act was renamed the English Language Acquisition, Language Enhancement, and Academic Achievement Act.

The name change alone of BEA under NCLB is significant in that it signals a shift in the philosophical approach to bilingual education. Essentially, even though the act still leaves with state and local educators the ability to choose from instructional methods, "the statement of purpose and accountability requirements make clear that the primary objective is English acquisition."

Under NCLB, school success and failure is linked to performance on standardized tests. However, this measure subjects English Language Learners (ELLs) "to critical assessments without adequate preparation."[25] The lack of preparation is due to the fact that NCLB caps funding for bilingual education programs at half of what it had been and does not require that any bilingual education programs undergo periodic evaluation, a measure required by the Casteñada v. Pickard court case. And yet, despite this lack of preparation, ELLs performance on standardized tests can jeopardize a school's access to funding. In essence, "This turns the question of whether or not a school receives a failing label into a question of how many ELLs attend."[25] Because the impact of NCLB on ELLs has significant implications on ELLs and their communities' access to education, NCLB is in conflict with Title VI of the Civil Rights Act of 1964 in that it denies "access to a federally funded program based on their skin color or race."[25] The changes in the BEA under NCLB created a grant program that attempted to enhance English language acquisition. The ruling placed ELL students in a similar classroom environment as their peers for whom English is not a second language. The law did not require schools to provide bilingual programs and placed them against the rigorous content standards put in place by State Education Agencies. When ELLs were tested with the same state assessments or the National Assessment for Educational Progress (NAEP), it was shown that compared to their fluently English-speaking peers the ELL students displayed larger deficits in both reading and math. The 2007 NAEP test, showed increased deficits in both math and reading following a surge of the ELL population in the United States. By 2005 the number of English-learners throughout the US had risen 57% over the prior decade to approximately 5.1 million students.[26]

After NCLB was enacted it was shown that there were sufficient numbers of prospective teachers, yet there were insufficient numbers of these teachers entering certain fields. Among these specializations were science, math, foreign languages, special education and namely bilingual education. Several initiatives formed to specifically recruit teachers to these specialization fields and allowed for alternative certification paths. These teacher shortages continue to exist today and are seen to a greater extent in high-poverty districts.[27]

The act and NCLB say that the accommodations that it provides should be interpreted in concordance with federal civil rights laws. "As interpreted by the U.S. Supreme Court, Congress, and federal civil rights officials, these provisions rely on terms like “affirmative steps” and “appropriate action” that give school districts the discretion to use a range of instructional approaches. As a result, under both Title VI and the EEOA, courts and federal enforcement agencies must decide on a case-by-case basis whether programs are in fact overcoming linguistic barriers to full participation." The policy still remains highly-debated at both the state and federal level.

• Bilingual education
• Intercultural bilingual education
• Little School of the 400
• Equal Educational Opportunities Act of 1974
• No Child Left Behind Act

• The Bilingual Education Act: Twenty Years Later
• History of Bilingual Education: Rethinking Schools
• http://www.educationlawconsortium.org/forum/2005/papers/hillner.pdf

• Cordasco, Francesco. "The Bilingual Education Act." The Phi Delta Kappan 51.2: 75. 1969.