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Legislation Related to Bilingual Education
This page covers the most influential legislation regarding bilingual education in the United States.
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1906: The Nationality Act (Texas): “Required immigrants to speak English in order to begin the process of becoming naturalized, legitimized the use of language as a mode of exclusion and discrimination.” 40
- Meyer v. Nebraska (1923) and Farrington v. Tokushige (1927): Supreme Court invalidated prohibitions against foreign language instruction in private schools.
- Meyer v. Nebraska: Forbidding the teaching in school of any language other than English until the pupil has passed the eight grade violates the 14th Amendment that guarantees liberty. 28
- Farrington v. Tokushige: Argued against Acts of the Legislature of Hawaii. 29
- Pierce v. Society of Sisters (1925): Court invalidated an Oregon Law that had compelled attendance at public schools. Therefore, one can attend private schools.
- Oregon Compulsory Education Act is unreasonable. 30
- Mo Hock Ke Lok Po v. Stainback (1944): Parents have the right to have their children taught in a foreign language. 31
- 1954: Brown v. Board of Education: desegregation of public schools.
- 1st major educational policy
- Civil Rights Act of 1964: was the chief drive for bilingual education in the United States .
- Granted financial assistance to the public.
- Elementary and Secondary Education Act of 1965: provided federal aid for public schools.
- Mid 1960's: Language legislation was given important support by President Johnson's “War on Poverty”.
- Bilingual Education Act of 1974:
- Eliminated low-income criteria of the 1968 Act.
- Provided a definition of Bilingual education.
- Feedback and progress report must be given.
- Lau v. Nichols (1974): Discrimination among students on account of race or national origin is barred. This case is in direct reference to Chinese-speaking people. 33
- 1975: Office of Civil Rights published the Lau Remedies: guidelines that school districts should follow in order to comply with Lau decision.
- Districts that refused to establish bilingual education programs were no longer eligible for federal funding.
- Replaced by Lau Regulations at the end of the Carter Administration, which was withdrawn in 1981.
- Serna v. Portales Municipal Schools (1974): Court provides an adequate relief program for Spanish-surnamed children. 34
- 1981: Senator S.I. Hayakawa introduced a constitutional amendment that made English the sole official language of the United States.
- 1983: Hayakawa founds "U.S. English", a legislative organization.
- By 1998, twenty-five states had made English their official language. 37
- Ron Unz's Proposition 227 (California): the “English for the Children” initiative. This proposition eliminates bilingual education.
- Was passed in 1998, but is still debated today.
- Peaked people's interest in bilingual education. 38
- Passage was a significant event in California 's educational history. 39
- 1999: State initiative in Utah promotes English-only laws in the state government.
- 2000: Proposition 203 passed in Arizona: similar to proposition 227 in California.
- Eliminates teaching students in any other language besides English.
- 2001: The Colorado English for the Children Initiative: similar to proposition 227 in california and proposition 203 in Arizona.
- Eliminated bilingual education in Colorado's public schools.
- No Child Left Behind Act (2001): signed by President Bush is the successor of the Elementary and Secondary Education Act.
- Much debate over how helpful this is to non-native English speakers.
- Important Federal Councils that Deal with Bilingual Education:
- NACBE: National Advisory Council for Bilingual Education.
- OBE: Office of Bilingual Education: reevaluates bilingual education programs
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