[NIFL-ESL:9398] Re: Accept English Only donation?

From: Ken Taber (kentaber@inetgenesis.com)
Date: Thu Sep 04 2003 - 12:37:59 EDT


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From: "Ken Taber" <kentaber@inetgenesis.com>
To: Multiple recipients of list <nifl-esl@literacy.nifl.gov>
Subject: [NIFL-ESL:9398] Re: Accept English Only donation?
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Joe,
I'm not sure I understand your question. So, please rephrase your question
if I don't answer the question you are asking. I will try to make some
points on the subject in hopes that somewhere in my answer I speak to your
question.

State legislatures and Congress make laws that affect education. Sometimes
the laws that are written are considered unconstitutional for a variety of
reasons. Sometimes that only way to solve these differences in the law in
through the federal courts. Last Saturday, I wrote on the listserv the Legal
History of LEP Programs in the US. The entire history is surrounded by the
conflict of laws that are left to various legal interpretations. Laws, even
unjust laws, stay on the books until the federal courts append the laws. For
this to happen, someone must challenge the unjust laws. English-Only Laws,
in themselves, may or may not be unconstitutional; however, they will stay
on the books until challenged. US. laws and state laws, in theory, should
have no conflicts and all laws passed by Congress, in theory, should uphold
the decisions of the Supreme Court. When they don't a legal remedy is the
only recourse.

Take a look at the previous posting and let me know if I've answered your
question. We, as ESOL teachers, must have a working knowledge of the legal
history of LEP programs in the US. Also, visit the following website:
www.lep.gov The Department of Education's Office of Civil Rights is
responsible to make sure that states and individual school districts follow
their guidelines. However, when they don't... any citizen, or immigrant, can
file an OCR complaint. They also may file a federal lawsuit. In addition,
the US Attorney General may also file a complaint against any state that
does not comply with the OCR guidelines or if their state laws are in
violation of federal law. The federal government can take away state funding
if states continue to not be in compliance. But nothing happens to any law
when left unchallenged. Hope this answers your questions.

Funding of all K-12 LEP programs is supported by the federal government and
states are held accountable to uphold the No Child Left Behind Act. Adult
Ed. LEP programs are held accountable by the federal government but work by
a slightly different set of funding rules. The term bilingual education
refers to 50% English instruction. Most given in the 1st 4 years with an
exist strategy. Other programs, like Structured English Immersion use a 70%
English instruction with the 30% given to newcomers who have not mastered
social English (BICS). Sheltered English Immersion is English instruction
with ESOL modifications in Content areas. Research has shown all to be
successful with proper teacher training. Research does say that parents are
more involved with bilingual education than the other two. All programs
allow for the teacher to teach in the student's primary language.

States that are now experiencing an influx of foreign-born students, do not
have enough bilingual educators to run an effective bilingual education
program. Many do not have adequate staff to train teachers so their programs
are in compliance with OCR guidelines leaving LEP students with a dead end
approach called English Submersion. This sink or swim philosophy is outlawed
by the Supreme court because it is not considered "appropriate action" to
giving foreign-born students a meaningful education. It is this same
philosophy that the English Only Movement promotes. Federal Law does not
mandate bilingual education. It allows of any LEP program that can show
results according to the research of ESL experts in the field. And there is
no valid research that shows that English-Only is better, no, this comes
from the misinformation of the English Only Movement. They write their own
conclusions to research from notable scholars and state their own
self-created myth as fact. However, there is no law against free speech. The
English Only Movement has free speech protection, even if they are wrong,
they have a right to promote their propaganda. They do not have the right to
exclude foreign born citizens from equal protection under our laws and
infringe on the rights of any minority in this country. Welcome to America!

Ken Taber
kentaber@inetgenesis.com


----- Original Message -----
From: "Joe Little" <fyi@americanliteracy.com>
To: "Multiple recipients of list" <nifl-esl@literacy.nifl.gov>
Sent: Thursday, September 04, 2003 10:17 AM
Subject: [NIFL-ESL:9394] Re: Accept English Only donation?


> >  "English-Only Laws anywhere in this country are a threat to
> >  Bilingual Education everywhere!"
> Ken & all,
> Sorry to do this in two emails. Do u mean English-Only laws anywhere in
this country are a threat to the federal or state funding of bilingual
education, right?  I'm not terribly familiar with the English-Only campaign
but my gestimate given our federal situation is that a U.S. law would not
nix state funding and a state law could not prevent federal or other
state.joe
>



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