Bilingual Education Cases and Laws
Setting the Stage
Bilingual education in the United States was pushed back into the spotlight as a direct result of the 1959 revolution in Cuba. After Fidel Castro overthrew the dictatorship and established a Communist government, many middle- and upper-class Cubans fled to the United States. A large number of these refugees settled in Florida. Well-educated but with little in the way of resources, they were assisted quite generously by the federal and state governments.
Among this assistance was ESL instruction, provided by the Dade County (Florida) Public Schools. In addition, the school district launched a "Spanish for Spanish Speakers" program. In 1963, a bilingual education program was introduced at the Coral Way Elementary School in Miami. Directed by both U.S. and Cuban educators, the program began in the first through third grades. U.S. and Cuban students received a half day of English and a half day of Spanish instruction; at lunch time and recess and during music and art classes the groups were mixed together. Within three years the district was able to report benefits for both groups of students, who were now not only bilingual but also bicultural. This was no accident: the goal of the Coral Way initiative was to promote exactly this level of fluency.
Bilingualism Legislation and Cases: The Civil Rights Act (1964)
The Civil Rights Act of 1964 did not address bilingual education directly, but it opened an important door. Title VI of the Act specifically prohibits discrimination on the basis of race, color, or national origin in any programs or activities that receive federal financial assistance. What this means, among other aspects, is that school districts that receive federal aid are required to ensure that minority students are getting the same access to programs as non-minorities. This minority group includes language minority (LM) students, defined as students who live in a home in which a language other than English is spoken. (Although some LM students are fluent in English, many are classified as LEP.) Title VI's critical role in bilingualism would be made clear a decade later in the Lau v. Nichols case.
Bilingual Education Act (1968)
The Elementary and Secondary Education Act of 1968 was another important step for bilingual education. In particular, Title VII of that act, known as the Bilingual Education Act, established federal policy for bilingual education. Citing its recognition of "the special educational needs of the large numbers children of limited English-speaking ability in the United States," the Act stipulated that the federal government would provide financial assistance for innovative bilingual programs. Funding would be provided for the development of such programs and for implementation, staffing and staff training, and long-term program maintenance.
Title VII has been amended several times since its establishment, and it was reauthorized in 1994 as part of the Improving America's Schools Act. The basic goal has remained the same: access to bilingual programs for children of limited means.
Lau v. Nichols
Probably the most important legal event for bilingualism legislation and cases in education was the Lau v. Nichols case, which was brought against the San Francisco Unified School District by the parents of nearly 1,800 Chinese students. It began as a discrimination case in 1970 when a poverty lawyer decided to represent a Chinese student who was failing in school because he could not understand the lessons and was given no special assistance. The school district countered that its policies were not discriminatory because it offered the same instruction to all students regardless of national origin. The lack of English proficiency was not the district's fault.
Lower courts ruled in favor of the San Francisco schools, but in 1974 the U.S. Supreme Court ruled unanimously in favor of the plaintiffs. In his opinion, Justice William O. Douglas stated simply 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." The Court cited Title VI of the Civil Rights Act, noting that the students in question fall into the protected category established therein.
What Lau v. Nichols did not do was establish a specific bilingual policy. Individual school districts were responsible for taking "affirmative steps" toward reaching the goal of providing equal educational opportunities for all students.