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English Language Learners in NCLB: A Civil Rights Imperative

Representative Mike Honda (D-CA) sponsored this panel discussion focused on ensuring stronger provisions for the more than 5 million English language learner (ELL) students enrolled in America’s public school system. While English language learners are growing in number, they are being left behind in other respects. On the 2007 National Assessment for Educational Progress, only 4 percent of eighth-grade ELLs scored at or above “proficient” compared to 31 percent of non-ELL students. Without the right academic supports, these students are at especially high risk of leaving school without a diploma or the skills needed for success in college, work, and life.

Thursday, February 28, 2008
2:00 – 3:30 p.m.
2175 Rayburn Building, U.S. House of Representatives, Washington, DC

Sponsored by
The Honorable Rubén Hinojosa (D-TX)
The Honorable Mike Honda (D-CA)

Audio and Video from the Event can be accessed below...

Roughly ninety educators, policymakers, and other key stakeholders gathered at a forum discussing the importance of addressing the needs of English Language Learners as part of the No Child Left Behind reauthorization. The event was sponsored by Congressman Rubén Hinojosa (D-TX) and Congressman Mike Honda (D-CA), and hosted by the Campaign for High School Equity (CHSE).

CHSE Director Michael Wotorson opened the forum by highlighting the importance of the issue for all Americans—not just for one particular population and introducing the panelists.

Congressman Hinojosa spoke regarding the persistent inequalities he had observed in the education system within the United States, saying that the promise of the U.S. Supreme Court ruling in Lau vs. Nichols—which supported English language learner students’ right to a quality education—remains unfulfilled many years later. “I came from south Texas,” he continued, “where schools were segregated and students were punished for using Spanish in the classroom.” Hinojosa went on to note that, although the current No Child Left Behind Act (NCLB) has supported the principles of an equitable education, it has fallen short, and for this reason, it was important to improve upon the act in the current reauthorization process. The Miller/McKeon draft, he emphasized, is a step forward.

Congressman Honda followed Hinojosa, and continued the discussion, addressing the negative consequences of the model minority myth, stating that Asian Americans should not be ignored and that expectations of other minority groups should be raised. Expectations are important to achievement, he said. Honda also referenced Jonathan Kozol’s book, The Shame of a Nation, and pointed out that classrooms need to be tailored for the kids, and that schools should act as community centers for students and their families.

Next, Victor Goode, assistant general counsel of the National Association for the Advancement of Colored People (NAACP), stated that ethnic minorities and English language learners are over represented in special education programs and proposed some immediate recommendations, noting that NAACP policy supports English language learners and their right to access English as a second language programs and bilingual education. The recommendations he suggested included properly identifying students in need of support services, encouraging states to inform parents—in their native languages—about gifted and talented programs, and using Title VI of the Civil Rights Act as an enforcement mechanism. Education policy and the structure of civil rights enforcement, he emphasized, should not be separate.

Peter Zamora, regional counsel for the Mexican American Legal Defense and Educational Fund (MALDEF), provided some background on NCLB. The law, which originated in the mid-1960s as the Elementary and Secondary Education Act, recognizes the importance of a quality education for all students, regardless of race, language ability, and/or disability. But Zamora agreed that the current law is flawed. For example, most English language learners are not receiving assessments that measure their true ability, a particularly important issue for a law that places heavy emphasis on the matter. But, he continued, problems associated with assessment can be remedied if states are required to target a certain percentage of funds towards improving testing systems for English language learners.

Phitsamay Uy, board chair of the Southeast Asia Resource Action Center stated that many of the estimated two million Southeast Asians in the U.S. lack formal education and are linguistically isolated. She noted that, after Spanish, Vietnamese and Hmong are the two most common ELL student primary languages. The model minority myth, Uy explained, conceals the plight of this large community; she listed the obstacles many of these students face, including having to learn content in another language, lack of access to quality education services, and lack of academic support (from parents who often do not speak English and teachers who are not trained to teach these students). Uy’s policy recommendations included providing adequate funding, increasing collaboration between schools and community-based organizations in order to access additional resources, reallocating federal and state funds to train bilingually certified teachers, creating culturally competent assessments, offering proper translation services, and moving beyond English proficiency to academic achievement.

Brent Wilkes, national executive director of the League of United Latin American Citizens (LULAC), stressed that addressing issues hindering English language learners’ academic achievement is of national interest. By 2025, he commented, English language learners are expected to comprise a quarter of the United States’ student population. He also noted that English language learners’ low graduation rates have ramifications affecting the nation’s competitiveness, pointing out that, according to U.S. Department of Education estimates, every dollar invested in education results in a return of five dollars. Wilkes agreed with other speakers that ensuring ELL students’ educational needs is a matter of fairness, but added, “For those…who don’t think fairness is important, do it for your own economic self-interest,” re-emphasizing the need for the entire nation to ensure that English language learners are provided with an equitable, quality education.