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Home > Postcards > Archives > 2008 > August > 19 > Entry

Bilingual ruling appealed

As expected, a federal court ruling on bilingual education in Texas was appealed by the Texas Education Agency on Monday.

Senior U.S. District Judge William Wayne Justice found in July that the state had not properly educated middle school and high school students with limited English proficiency. The order, part of a decades-old case claiming violations of the Equal Education Opportunities Act, called for TEA to develop a new language program for students in secondary school and improve monitoring of the program.

The appeal kicks the decision up the Fifth U.S. Circuit Court of Appeal.

Permalink | Comments (17) | Post your comment Categories: Education

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By Maria Gilbert

August 22, 2008 7:33 PM | Link to this

As far as I know some bilingual students are entering AP programs in middle school. An example is AP Spanish. These students take the College Board test the same test students take in college and are scoring 4’s and 5’s. I would be very curious to know especific examples and see what the individual situation is. There are so many variables that affect the success or failure of a student and not necessarily is a reflexion of the program. What I have witnessed is success. Maria G.

By Joe J. Bernal

August 22, 2008 2:56 PM | Link to this

Judge Justice has been handling this case since 1975 when he first ruled to dismantle the segregation of Blacks and Whites in Texas Public Schools. Hispanics joined it because Mexican American children were also segregated with the Texas Education Agency allowing certain districts to place them in Mexican Schools. His original ruling was simply that the State had to protect the rights of Mexican Americans under the equal protection amendment of the U.S. Constitution and ruled that the State had to correct 50 years or more of discrimination by providing a system of education that recognized the child’s culture and language. State law made the necessary changes but the agency has has relaxed its responsibility to make certain school districts comply. Three things must be taken into consideration re this issue: The goal of the present state law is to use a bilingual approach with the intent to learn English. Secondly, while approach has worked in the Elementary grades, it hasn’t in Secondary schools, where the program calls for only English to be used…called English as a second language or ESL. ESL is a valid program but it hasn’t been applied properly. Thirdly, of the l00% of the children who need the program, only 13% are immigrant children. The issue is not immigrants but poor schooling. Historically education experts have agreed that our schools be child-centered. The let them be and the children will learn. Bashing the Judge or the immigrant child is not a resolve.

By Joe J. Bernal

August 22, 2008 2:56 PM | Link to this

Judge Justice has been handling this case since 1975 when he first ruled to dismantle the segregation of Blacks and Whites in Texas Public Schools. Hispanics joined it because Mexican American children were also segregated with the Texas Education Agency allowing certain districts to place them in Mexican Schools. His original ruling was simply that the State had to protect the rights of Mexican Americans under the equal protection amendment of the U.S. Constitution and ruled that the State had to correct 50 years or more of discrimination by providing a system of education that recognized the child’s culture and language. State law made the necessary changes but the agency has has relaxed its responsibility to make certain school districts comply. Three things must be taken into consideration re this issue: The goal of the present state law is to use a bilingual approach with the intent to learn English. Secondly, while approach has worked in the Elementary grades, it hasn’t in Secondary schools, where the program calls for only English to be used…called English as a second language or ESL. ESL is a valid program but it hasn’t been applied properly. Thirdly, of the l00% of the children who need the program, only 13% are immigrant children. The issue is not immigrants but poor schooling. Historically education experts have agreed that our schools be child-centered. The let them be and the children will learn. Bashing the Judge or the immigrant child is not a resolve.

By Rockhound??

August 20, 2008 11:49 PM | Link to this

OK, so my US citizen non-English speaking child arrives here on Day 1. On Day 2, I enroll him in school. On Day 3, they give a test (in English only with no accommodations per your plan) in science. How does he take the test? Or is an F OK, because its his fault for not knowing English yet?

By rockhoundjtm

August 20, 2008 3:02 PM | Link to this

I can trace my European roots in the Americas back over 350 years. I also have Native American ancestors as well. Born here, I was raised outside the U.S. all of my elementary, middle, and high school years. I never had the benefit of an English only education, though English was the spoken language of my home. I was schooled in three separate languages…each time I was enrolled it was a total immersion experience. I went to school in a foreign language, and learned my family’s language at home. When I returned to the States, I successfully graduated from College and went on to a promising career. I said all this to say this: Children have a remarkable capacity to acquire foreign languages very quickly. This is a proven fact. The only limitations our children face are the ones we as parents force on them. I consider myself to be a much better rounded person because I am multi-lingual. My parents encouraged me to learn 5 languages as I grew up, thereby showing respect to the people and culture of the countries that we lived in. There is absolutely no reason whatsoever that these children should not learn in English and be given the tools they need to use to succeed in life here in the U.S. True, the U.S. does not have an official language. However face it; most career opportunities will be very limited here in the U.S. if they don’t acquire a strong command of the English language. I agree that there should be an immersion program that quickly enables immigrant children to become proficient in our language. I do not agree to pandering to any segment of society. While heritage is important, remember, we are Americans first. We share a common immigrant history where our forefathers came together and embodied the values of working hard and coming together as one community, one nation. Best remember the adage: “a house divided will fall.”

By Lisa

August 19, 2008 9:33 PM | Link to this

The United States has no OFFICIAL language.

“Many people are surprised to learn that the United States has no official language. As one of the major centers of commerce and trade, and a major English-speaking country, many assume that English is the country’s official language. But despite efforts over the years, the United States has no official language.

Almost every session of Congress, an amendment to the Constitution is proposed in Congress to adopt English as the official language of the United States. Other efforts have attempted to take the easier route of changing the U.S. Code to make English the official language. As of this writing, the efforts have not been successful.”

As stated from http://www.usconstitution.net/consttop_lang.html.

By Lisa

August 19, 2008 9:22 PM | Link to this

The basis of bilingual education in Texas is to teach the child in their native language in the beginning. Then, as they progress through the school years, incorporate more English. Students should only remain in the bilingual program for 3 years.

The problem lies with the State of Texas. There is no mandated “this is how your school’s bilingual program should progress” curriculum. Choosing the curriculumteach in a bilingual program is left up to each school district.

Some schools have great programs, some are non-existant. Unfortunately, most Texas schools have very poor bilingual programs. And, since there is not a uniform program in place for all schools, it is the children who are hurt the most.

In history most immigrants did not come to this country completely knowing their language, many were illeriate. People lived within groups of their own ethnic background. That is why today larger cities still have “Little Italy”, “Chinatown”, etc. Immigrants set up shop around “their” people. Most times the original immigrant in the family never learned English. Their children became bilingual knowing the native language and English. Then, by the 3rd generation (the grandchildren of the immigrant) English only was all that that person knew.

I agree that all people in the United States should learn to speak English. I don’t believe, though, that it is THE OFFICIAL language of the US. I know that if I were to ever live in another country, I would make it my responsibility to learn the language of the country I was living.

Why is it most Americans think that being able to speak more than one language is such a bad thing? Everywhere else in the world people commonly speak 2 or 3 languages. We are truely putting ourselves at a disadvantage by not learning at least one other language.

By taxpayer

August 19, 2008 8:42 PM | Link to this

No, jsal… native language in the united states is ENGLISH .. learn it, speak it, use it every day.. what is a about the people that speak spanish that they cant learn english. all the other immigrants did it and do it without expecting “special help” .. what is the problem. ? and dont blame the blond,blue eyed americans. notice.. not a hyphenated american. ethnic groups set themselves apart by not calling themelves americans. Cant assimilate ? ..learn/Speak english first.

By jsal1972

August 19, 2008 8:15 PM | Link to this

“They need to learn OUR LANGUAGE FIRST, just like every other major immigrant group did before them.” This statement along with much of what has already been posted is incorrect. Past immigrants came to this country already literate in their first and native language. The reason middle school and high school students are being ill served is because they were never allowed to fully develop their first and native language - Spanish. A person’s first language is the basis for learning a 2nd language. If we provided native language instruction to these children then they would be able to use it to learn English. So taxpayer and common sense, you and people who think like you are only making the problem worse.

By Xenophobes

August 19, 2008 7:45 PM | Link to this

I am sorry so many of you fear interacting with Latinos. The horror of a Hispanic police chief or governor. How will you survive. Are there enough white sheets out there for you all?

News flash. Not every Hispanic is an illegal alien. The vast majority of them are legal residents or US citizens. Those citizens have the exact same right to a public education that your pale skinned, blonde, blue eyed kids do. If you don’t like that, change the Texas constitution. Change the federal laws.

My child was adopted from overseas speaking no English at age 11. She started school and had five classes a day in English and two language classes where she got Spanish assistance. I challenge you to try to learn in another language with NO support. What you propose is that the students not learn until they assimilate enough English to understand. 6 months? A year? If we just decided that your child didn’t need school for a year you would be up in arms.

By taxpayer

August 19, 2008 5:50 PM | Link to this

WHO is wm wayne justice .. what authority does he have to dictate that a new program for secondary students be implemented. the best program is : No spanish speaking allowed on school grounds starting at pre K. continuing through high school.+ so they can learn and use English every day. Lets hope the Fifth U. S . Circuit Court of Appeal Jucge does not have a problem with emphasizing the importance of learning
english beginning at early age. Do Judges’ ego , grudges and race have an impact on their decisions.?

By Pedro de Pacas

August 19, 2008 5:16 PM | Link to this

The Taxman is correct. This country is getting to the point where there are more non - English speaking children everyday, not only in Spanish. Taxman knows where this country is going and America will no longer be an English 1st only country. Don’t try to make that an issue. We already have a Hispanic Police Chief. It’s just a matter of time before it’s a Hispanic Governor and then U.S. President. Taxman is only seeing the future for non - English Speaking children. Seems that Common Sense has none and is too lazy to learn a second language, which would be an advantage. Pretty soon recordings will say, ” Press 1 for Spanish and 2 for English.” instead of the other way around.

By picky lawyer

August 19, 2008 4:54 PM | Link to this

The title of this story is misleading — it appears that a court issued an opinion written in two languages. Now that would be an interesting story!

By Common Sense

August 19, 2008 4:49 PM | Link to this

Taxman, you are an idiot. Foreign language requirements are one thing, but mandating Spanish language just because immigrants have been flooding over our borders and not learning English in increasing numbers over the years is a proposterous notion. They need to learn OUR LANGUAGE FIRST, just like every other major immigrant group did before them. It’s not about suppressing their heritage, it’s about making America communicate and function efficiently (and with less tax dollars).

By Bert Chadwick

August 19, 2008 4:48 PM | Link to this

Intead the Texas Education Agency should get ready to fix an old, old problem, but it seems mnore important for them to waste the taxpayers money by appealing a fair rule. Probably this is another case of bigotry and discrimation hidden behind excuses. Who do they think they fool? They are just a pack of rednecks. Bert Chadwick Houston, Texas

By Bert Chadwick

August 19, 2008 4:47 PM | Link to this

Intead the Texas Education Agency should get ready to fix an old, old problem, but it seems mnore important for them to waste the taxpayers money by appealing a fair rule. Probably this is another case of bigotry and discrimation hidden behind excuses. Who do they think they fool? They are just a pack of rednecks. Bert Chadwick Houston, Texas

By The Taxman cometh

August 19, 2008 4:02 PM | Link to this

How about teaching our children to be bilingual instead of teaching NON CITIZEN ILLEGAL ALIEN children to be bilingual. OUR children are at a disadvantage if they don’t speak Spanish. And we are widening the gap between ILLEGAL ALIENS and AMERICAN CITIZENS by teaching ILLEGAL ENGLISH and not teaching our children SPANISH.

Sue to institute SPANISH AS A SECOND LANGUAGE to ENGLISH speaking AMERICANS “FIRST”.

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