A constellation of local and national factors calls for a radical shift in school practice for English learners in the Kâ12 setting based on an effective driver, the ENGAGE model. These factors include legal mandates and guidance, a burgeoning Kâ12 EL population, increasing heterogeneity among ELs, curricular changes, inappropriate/ineffective service delivery for many ELs, and inadequate teacher preparation (see Figure 1.2).
Legal Mandates and Guidance
A number of documents detail the federal requirements for the education of ELs. In 1964, Title VI of the Civil Rights Act declared that
No person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving federal financial assistance from the Department of Health, Education, and Welfare.
A follow-up memo to the Civil Rights Act (May 25, 1970, Memorandum, Department of Health, Education and Welfare) clarified the responsibility of school districts to provide equal opportunity to students with limited English language proficiency and to ensure that students were not placed in special education programming due simply to a lack of English language proficiency. The Bilingual Education Act, 1968 (amended in 1974 and 1978) encouraged the use of bilingual education and allocated funding to support this programming. The Equal Educational Opportunities Act of 1974 prohibited the denial of student access to educational opportunities based on race, color, sex, or national origin. This act further pointed out the need to specifically address language barriers. These documents set the stage for court decisions that would follow.
In 1974, the Supreme Court ruled in Lau v. Nichols that, in terms of educational opportunities, identical is not equal. This ruling further charged districts to take steps to address ELsâ linguistic needs. Less than a decade later, Casteñada v. Pickard (1981) provided three guidelines for EL programming:
- Is the program theoretically sound or experimentally appropriate?
- Is the program set up in a way that allows this theory to be put into practice?
- Is the program regularly evaluated and adjusted to ensure that it is meeting the linguistic needs of the students it serves?
The following year, in Plyler v. Doe (1982), the US Supreme Court struck down the Texas law that allowed school districts to deny educational opportunities to children of undocumented immigrants. This ruling drew upon the Fourteenth Amendment to the US Constitution, perceiving that children, rather than their parents, were effectively punished by such denial. Previously, California, Diana v. State Board of Education (1970) had mandated that ELs cannot be placed in special education programming based upon test results that do not separate language proficiency from disability, due to reliance on discriminatory linguistic demands within the test. More recently, the impact of noncompliance findings by the Civil Rights Division of the US Department of Justice and the Office for Civil Rights of the US Department of Education in Massachusetts (Settlement Agreement Between The United States of America and The Boston Public Schools, n.d.) has garnered the attention of states serving ELs. These findings, that some 45,000 general education teachers lacked training to work effectively with ELs, resulted in the requirement for statewide teacher training âdeveloped by language-acquisition expertsâ (Maxwell, 2012, ¶4).
Early in 2015, the US Department of Justice and the US Department of Education issued joint guidance regarding ways to ensure that ELs can participate âmeaningfully and equally in educational programsâ (US Department of Justice & US Department of Education, 2015, p. 1). This document serves as a reminder regarding the legal obligations of state education agencies, school districts, and schools by specifically addressing such topics as identification, assessment, programming and program evaluation, staffing, access to curricular and extracurricular opportunities, parent communication, and exit practices. The document makes clear the seriousness of these requirements by concluding with contact information for agencies that address violations of these legal obligations.
The combination of all of the aforementioned legal mandates and guidance documents, arguably illuminates the need for a model of more effective inclusion of ELs in Kâ12 education. However, the rapidly growing population of English learners still finds itself struggling for access to curriculum.
Burgeoning Kâ12 EL Population
The United States has seen a significant increase in the number of ELs in recent decades; Haynes (2012, p. 2), points out that âbetween 1980 and 2009, the number of school-aged children who spoke another language in the home more than doubled, from 4.7 (10 percent) to 11.2 million (21 percent).â More recently, the number of ELs in the United States grew by a stunning 63.54% between academic years 1994â1995 and 2009â2010 (National Clearinghouse for English Language Acquisition [NCELA], 2011a). Further, demographers anticipate that by 2020, âHalf of all public school students will have non-English-speaking backgroundsâ (Haynes, 2012, p. 2). Individual states and school districts are experiencing a range of EL growth patterns. While some districts are experiencing significant and even overwhelming growth, others are experiencing more gradual changes. Districts with low incidence of ELs, as well as those entirely new to serving ELs, both face daunting challenges. All of these enrollment realities point to the need for a clear-cut and consistent team-based model for engaging ELs in the curriculum. In addition to variable enrollments, the changing composition of the EL population is also notable.
Increasing Heterogeneity Among ELs
The population of ELs across the United States continues to diversify in a phenomenon known as microplurality, or âdiversity within diversityâ (Grey & Devlin, n.d., slide 8). Microplurality, rather than focusing on racial differences, ârecognizes the central role of culture, language, religion, and immigration status.â For example, language diversity within the United States has increased in recent decades (Shin & Kominski, 2010). While the US Census Bureau listed 325 languages spoken in the United States in 2004, this is likely an underrepresentation, as many languages with few speakers are not reported (National Clearinghouse for English Language Acquisition [NCELA], 2011b). This noteworthy change in diversity of languages spoken across the United States, as well as the increased microplurality visible in culture, religion, and immigration status, has far-reaching implications for instructional approaches, materials, and assessments for ELs. The overarching demographic changes indicate that âbusiness as usualâ will not result in increased achievement for all of todayâs Kâ12 students. Rather, all stakeholders in the educational process must work together to reconceptualize and implement a model that embraces and meets the distinct academic and sociocultural needs of the full range of English learners. While the K-12 student population is undergoing transformation, the curricula used in K-12 schools are simultaneously changing as well.