From Lau to Unz: An Anatomy of the Debate over Bilingual Education. Kenji Hakuta Stanford University University of La Verne December 5, 2001

Lau v. Nichols 1974 Basic English skills are at the very core of what these publics schools teach. Imposition of a requirement that, before a child can effectively participate in the educational program, he must already have acquired those basic skills is to make a mockery of public education. We know that those who do not understand English are certain to find their classroom experiences wholly incomprehensible and in no way meaningful.

1974 The Federal Supreme Court ruled on the case Lau v. Nichols, basing their decision on Title VI of the Civil Rights Act. The ruling stated that: There is no equality of treatment merely by providing students with the same facilities, textbooks, teachers and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education.

1974 The Federal Supreme Court ruled on the case Lau v. Nichols, basing their decision on Title VI of the Civil Rights Act. The ruling stated that: There is no equality of treatment merely by providing students with the same facilities, textbooks, teachers and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education. No specific remedy is urged upon us. Teaching English to students of Chinese ancestry who do not speak the language is one choice. Giving instructions to this group in Chinese is another. There may be others. Petitioners ask only that the Board of Education be directed to apply its expertise to the problem and rectify the situation.

1975 Terrence Bell, the United States Commissioner of Education issued the “Lau Remedies”. These remedies went beyond the Lau decision and required that bilingual education be provided. “Because an ESL program does not consider the affective or cognitive development of students [in the elementary and intermediate grades], an ESL program is not appropriate.”

Common Program Categories English as a second language (ESL) Structured immersion (or "sheltered instruction" in secondary grades) Transitional bilingual education Maintenance bilingual education Two-way bilingual programs

Casta ñ eda v. Pickard, 1981 The U.S. 5th Circuit Court of Appeals ruling interpreted the Equal Education Opportunities Act of 1974 statement of "appropriate action" as requiring the meeting of three criteria: (1) programs must be based on "sound educational theory"; (2) they must be "implemented effectively" with adequate resources and personnel, and (3) after a trial period, the program must be evaluated as effective in overcoming language handicaps.

Theory Implementation Learning modify Castañeda Model

What is sound theory?

Attributes of effective schools and classrooms have been identified that refer to school factors extending beyond the program types with respect to language: a supportive school-wide climate, school leadership, a customized learning environment, articulation and coordination within and between schools, some use of native language and culture in the instruction of language- minority students, a balanced curriculum that incorporates both basic and higher-order skills, explicit skills instruction, opportunities for student-directed activities, use of instructional strategies that enhance understanding, opportunities for practice, systematic student assessment, staff development, and home and parent involvement. Effective Schools Attributes

What is sound theory? Attributes of effective schools and classrooms have been identified that refer to school factors extending beyond the program types with respect to language: a supportive school-wide climate, school leadership, a customized learning environment, articulation and coordination within and between schools, some use of native language and culture in the instruction of language-minority students, a balanced curriculum that incorporates both basic and higher-order skills, explicit skills instruction, opportunities for student-directed activities, use of instructional strategies that enhance understanding, opportunities for practice, systematic student assessment, staff development, and home and parent involvement. Effective Schools Attributes

How Long?

English oral proficiency, reading and writing development and redesignation probability from LEP to FEP as a function of grade level. District A. How Long Does It Take?

What is sound theory? Attributes of effective schools and classrooms have been identified that refer to school factors extending beyond the program types with respect to language: a supportive school-wide climate, school leadership, a customized learning environment, articulation and coordination within and between schools, some use of native language and culture in the instruction of language-minority students, a balanced curriculum that incorporates both basic and higher-order skills, explicit skills instruction, opportunities for student-directed activities, use of instructional strategies that enhance understanding, opportunities for practice, systematic student assessment, staff development, and home and parent involvement. Effective Schools Attributes

SES

Norm-referenced English writing scores by parent educational level, District B. < High School Some High School High School or GED Beyond High School Parent Education

What is sound theory? Attributes of effective schools and classrooms have been identified that refer to school factors extending beyond the program types with respect to language: a supportive school-wide climate, school leadership, a customized learning environment, articulation and coordination within and between schools, some use of native language and culture in the instruction of language-minority students, a balanced curriculum that incorporates both basic and higher-order skills, explicit skills instruction, opportunities for student-directed activities, use of instructional strategies that enhance understanding, opportunities for practice, systematic student assessment, staff development, and home and parent involvement. Effective Schools Attributes

Figure 10

Figure 11

What is sound theory? Attributes of effective schools and classrooms have been identified that refer to school factors extending beyond the program types with respect to language: a supportive school-wide climate, school leadership, a customized learning environment, articulation and coordination within and between schools, some use of native language and culture in the instruction of language-minority students, a balanced curriculum that incorporates both basic and higher-order skills, explicit skills instruction, opportunities for student-directed activities, use of instructional strategies that enhance understanding, opportunities for practice, systematic student assessment, staff development, and home and parent involvement. Effective Schools Attributes

Figure 9

“-- learning subject matter content in a second language can begin to occur in a matter of weeks, starting with the subjects that can be partially understood through symbols (mathematics), active experiments and demonstrations (science), and progressing to the social science.” Rosalie Porter Director, READ Institute

Proposition 227 All minority language children will be placed in English language classrooms. Children who are limited English proficient will be taught through sheltered English immersion for a period not normally to exceed one year.

English Learning Students (2nd Grade, SAT Reading) Schools providing bilingual instruction Schools using only English immersion Oceanside USD

Schools providing bilingual instruction Schools using only English immersion Oceanside USD English Learning Students (3rd Grade, SAT Reading)

All Students English Learners Oceanside Statewide All Students English Learners Figure 1. SAT-9 reading scores for Oceanside and Statewide for 1998 thru Blue lines represent data for all students; red lines represent data for English Learners (LEP).

What is sound theory? Attributes of effective schools and classrooms have been identified that refer to school factors extending beyond the program types with respect to language: a supportive school-wide climate, school leadership, a customized learning environment, articulation and coordination within and between schools, some use of native language and culture in the instruction of language-minority students, a balanced curriculum that incorporates both basic and higher-order skills, explicit skills instruction, opportunities for student-directed activities, use of instructional strategies that enhance understanding, opportunities for practice, systematic student assessment, staff development, and home and parent involvement. Effective Schools Attributes