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The
history of bilingual education in the United States, including models
of foreign language instruction, dates back to the turn of the 20th Century
when programs were developed for German immigrants. In the 1960s a renewed
interest in bilingual education and heightened advocacy brought about
state legislative action. Massachusetts was among those states taking
the lead in developing a modern statewide program. The legislature established
the state’s Bilingual Education Law in 1971 to serve growing numbers
of migrating students, including many people with roots in Puerto Rico,
who have always been U.S. citizens, and families from across the globe.
In the thirty intervening years, state law has evolved along side federal
statutes, regulation and the outcome of litigation. Presently there are
strong bilingual education programs in many Massachusetts communities.
However, the Bilingual Education Law that Governor Francis Sargent signed
was an ambitious plan that went beyond federal law in its support for
a transitional program that included native language instruction. Even
today, Massachusetts bilingual education law and regulation go beyond
federal mandates. This is a tribute to the legislature and the many communities
who have supported bilingual education.
Today,
key provisions of the state’s bilingual education law and the related
regulations include:
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Requirements (MA General Laws, Chapter 71A) that school districts
with twenty or more limited English proficient (LEP) students who
are of the same language group must provide a Transitional Bilingual
Education (TBE) program. TBE programs normally provide up to three
years of both native language and English instruction with a goal
of transitioning all students into a traditional English curriculum
at the conclusion. With appropriate documentation, students who
require a longer transition may remain in the program for a longer
period of time.
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Mandates that school districts conduct some form of census to determine
the number of students who are appropriately classified as "limited
English proficient" (LEP). |
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Protection against discrimination (MA General Laws Chapter 76, Section
5 and Chapter 603 of the Code of Massachusetts Regulations, Section
26.03) aimed at students based on, among other criteria, "limited
English-speaking ability."1 |
Because
of anti-discrimination law and court decisions, districts with fewer than
twenty LEP students must also address the needs of these young people.
The protections against discrimination mandate "appropriate bilingual
instruction and programs or other curriculum offerings of a supportive
nature, such as appropriate remedial programs," and other services
including "English as a Second Language" coursework.2
Bilingual education has not lacked for controversy both in the political
and academic arena. The ongoing debate has incorporated differing views
as to the best strategy for integrating native language speakers into
the mainstream of American education. Debate continues on the most appropriate
educational format, mix of native language instruction, development of
curricula, means of staff development, and community organization to support
students. There has also been no shortage of litigation as opponents of
bilingual education and supporters of programs for LEP students spar over
the meaning of statutes, interpretations of court decisions, adequacy
of resources, services to students, and local mandates.
The debate has, on occasion, become divisive and taken on heavy political
overtones. Most, but not all, advocates for native language speakers support
foreign language instruction and an aggressive bilingual education program.
However, not unlike the debate over affirmative action where some representatives
of impacted minorities take issue with those programs, there are critics
of bilingual education from among communities that claim roots in cultures
that are not English-speaking.
Bilingual education reform has already been evolving in MA due to research
spanning more than three decades that has identified various models in
addition to traditional TBE. Successful initiatives in Massachusetts have
identified such innovations as "dual emersion," Modified Bilingual-World
Language, Structured English Immersion, or more flexible mixes of English
as a Second Language, native language instruction, and integrated special
education services for LEP students with learning disabilities. With the
emergence of so many combinations of programs and service options, many
educators are calling for a "reform" of bilingual education.
Recently some extreme critics have decided to take their case to the voters.
Currently, opponents of bilingual education are driving an initiative
petition to restructure the state’s bilingual program by appealing
directly to voters on the 2002 state ballot. The ballot question, if approved,
may mandate dramatic changes and cutbacks in the state’s bilingual
education program.
ANALYSIS
Bilingual
education represents the values of Massachusetts citizens and public policy
makers. Massachusetts is a state where most residents are but three or
four generations away from their native lands, and many of their ancestors
came to America speaking a foreign language.
Unfortunately, the demands of foreign language speaking students and faculty
for resources and services comes at the same time as all education programs
must compete for limited funding. Moreover, the pressure to meet standards
of education reform, including addressing the differentiated needs of
LEP students has added to the tension.
This challenge tests not only the ability of state and local officials
to apportion education dollars, but also measures the ability of all members
of the academic community to overcome prejudice due to the imperative
to collaborate and build the next generation of educational programs for
everyone. Bilingual education is a complex topic that incorporates philosophies
of education and sociology with the realities of a state budget crisis,
school and classroom management, and community life for many teachers,
students, and their families.
The Massachusetts Association of School Committees recognizes the value
of bilingual education and the contribution to schools and communities
of students who have graduated from these programs with educational advantages
not available to previous generations. At the same time, MASC understands
that the state’s Bilingual Education Law may, in some respects, be
rigid and ripe for modification.
Although Massachusetts allows its voters the right of initiative petition
that makes possible ballot questions to create and amend state law, however,
there is debate as to whether the initiative petition process is the most
effective way to modify the state’s bilingual education law.
POSITION OF MASSACHUSETTS ASSOCIATION OF SCHOOL COMMITTEES
MASC has been a thoughtful supporter and critic of bilingual education
in the past, but we have always believed that the best approach to complex
social change is through the legislative process. A predetermined ballot
question structured to tempt voters by playing to public prejudice fails
by comparison with an open legislative process that is subject to public
hearings, thoughtful open debate, amendments, and further review.
We oppose the approach that places this complex set of issues on the November
2002 ballot as a poor alternative to make public policy.
We support a legislative approach that incorporates the following principles
in revising the MA Bilingual Education Law:
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Maintain the three year goal of transition for most students with
appropriate exceptions as merited. |
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Allow districts to choose from among a variety of options that may
include, but not be limited to TBE, English language immersion, dual
language immersion, English as a Second Language, or other recognized
learning strategy. |
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Incorporate standards and professional development that ensure quality
education that measure student achievement, teacher qualifications,
and other services to students. |
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Grant to the Department of Education the ability to approve district-specific
plans to serve students who require bilingual education |
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Require districts to continue to track the census of students with
Limited English Proficiency. |
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Establish sufficient protections to LEP students at risk for dropping
out of school or failing in their coursework. |
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Focus on minimizing the administrative burden upon districts as they
work to create alternative and hybrid programs. |
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Re-enforce anti-discrimination protections for all students. |
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Empower parents of bilingual students to engage in district-wide community
organizing, planning and school improvement-planning processes. |
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Incorporate
into the state’s Foundation Budget structure a reasonable and
fair allocation for bilingual education. |
MASC
believes that the best approach is state legislative modification that
will capitalize on both the principles of federal law, court decisions,
and regulation that allow considerable flexibility in serving LEP students.
For
further information, contact Glenn Koocher, executive director:
Massachusetts Association of School Committees
One McKinley Square
Boston, MA 02129
617-523-8454
www.masc.org
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