Bilingual Education and Equal Treatment

By Jang Young Bang

America and Bilingual Education

Since the arrival of Christopher Columbus in the 15th century, countless people all over the world have set their footsteps onto this vast, pristine land, America. Those of the various ethnicities first started with 13 English colonies, won their independence from England, and succeeded in creating a nation, the United States of America. As the name suggests, the core foundation of this country is the union of various states and the people holding various interests and ethnic origins. In the less-than-a-half-millennium history of the U.S., Americans have faced many moments of conflicts over controversial issues ranging from slavery to Vietnam War, and many of them have made great efforts to resolve the conflicts in order to uphold the union of the states as well as the people.

Today, America is torn apart over a significant issue, bilingual education in the public school. Many Americans have expressed their views on bilingual education through books, journals, and newspaper articles. In order to promote the solidarity among the U.S. citizens, some Americans argue that public school classes should be taught only in English. Others argue that in order for the smooth assimilation of new immigrants, school should provide bilingual courses specially designed for new comers, who are not yet familiar with English.

In the mist of the debates over the bilingual education, California became the center of the debate on the bilingual education issue. On the June 2, 1998, Californians approved the Proposition 227, a ballot measure against the bilingual education in public school, with 3,570,193 Yes votes vs. 2,296,578 No votes (Primary 98, on line). Under the newly implemented law due to the passage of Prop.227, language minority students in public school in California are now deprived of bilingual education, in which they previously had an opportunity to learn their school curriculum while improving their English. Now, they have only one school year to improve their English. Thereafter, they must join the mainstream students and be able to succeed in learning all the school subjects taught only in English. The apparent reason behind the Prop.227 is that public school should treat all students equally. That is, all students should learn in the same language, English.

Along with Californian voters' approval of the Prop.227, the scope of the bilingual education issue has extended. Now, the issue of bilingual education in public school does not only address societal solidarity and easy assimilation of immigrants, but also the equal treatment. In the view of the equal treatment, the role of bilingual education in public school raises a new set of questions. Does bilingual education in public school render an unfair treatment of students? Does bilingual education favor language minority students over mainstream students? Does the implementation of Prop.227 violate language minority students' right to equal treatment, that is, equal access to learning?

Throughout the U.S. history, the term, "equal treatment," has rendered a special meaning to most of Americans. It was the denial of equal representation to the English court which sparked the flame of American revolution against the tyrannical English regime and led Americans to achieve their independence from England. Over the slavery issue, Americans not only have fought the Civil War, but also struggled to ensure the equal treatment of all Americans in such various areas as politics, employment, education, and others. And their great endeavor culminated in the burst of the Civil Rights Movement in the 1960's. As the history of the U.S. attests, the equal treatment is an essential element of American culture. In this respect, it is important to examine the role of bilingual education in public school at the present day in relation to U.S. citizens' right to equal treatment.


The City of Montebello

The City of Montebello, located nine miles east of the downtown Los Angeles, bears an appearance of a small peaceful suburb to the drivers on the 60 freeway: small houses with the trees on the hill. Montebello is surrounded by Monterey Park and Rosemead to the north, the City of Commerce to the south, Los Angeles and East Los Angeles to the west, and Pico Rivera to the east (City of Montebello, 1). It stretches over 8.2 miles in a triangular shape and covers 122 miles of streets. The population of Montebello increased steadily from 42807 in 1970 to 52929 in 1980. Then, it grew to 59564 in 1990 and as of 1995, it is 59863. 1990 population by composition analysis reveals that Montebello is a city of minority. 67.6% of the entire Montebello population is Hispanic; 14.4 % is Asian; 16.8% is white; 0.8% is black; and 0.4% is of other ethnic groups. It is this fact of Montebello, a city of minority, which makes Montebello a desirable community for the study of bilingual education and equal treatment and their effect on Montebello community residents.

The Montebello Unified School District, which is the public school district, provides instructional services for kindergarten through 12th grade as well as adult education. The areas of its services not only include the City of Montebello, but also City of Bell Gardens, City of Commerce, some parts of Downey, East Los Angeles, Monterey Park, Pico Rivera, Rosemead, and South San Gabriel (City of Montebello, 1). The estimated total population who benefit from its services is about 172,669. MUSD has total 2844 employees. Among 1488 certificated employees, there are 100 administrators and 1388 other certificated. In addition, among 1356 classified employees, there are 430 full timers and 926 part timers. The demographics of MUSD teachers reveals that there are 297 teachers of kindergarten through 12th grade with bilingual authorization, 491 teachers with master degrees, and 11 teachers with doctoral degrees (Montebello Unified School District, on line).

In the Montebello Unified School District, there are total 54 school facilities. Among them, there are 16 head start/preschool sites, 18 elementary schools, 6 intermediate schools, 4 high schools, 4 adult schools, and 2 pregnant minor sites. The enrollment by level analysis shows there are 36,000 adult continuing education students; 432 high school contract independent study students; 30 elementary highly gifted program students; 39 intermediate satellite class students; 41 high school satellite class students; 55 pregnant minor program students; and about 33560 students enrolled in grades from kindergarten to the 12th grade (Montebello Unified School District:FTF, 1). According to the racial-ethnic distribution of the MUSD public school enrollment 1998-1999, the demographics of student body of MUSD resembles that of the Montebello city residents. Among the total 14912 enrolled elementary students, 93.04% is Hispanic; 2.86% is white: 0.43% is African American; 3.37% is Asian; 0.08% is Pacific Islander; 0.04% is American Indian/Alaskan native; and 0.19% is Filipino. Intermediate schools of MUSD have the total 9974 students. Among them, 90.87% is Hispanic; 3.75% is white; 0.46% is African American; 4.48% is Asian; 0.09% is Pacific Islander; 0.08% is American Indian/Alaskan native; and 0.27% is Filipino. In high schools of MUSD, there are total 34001 students, among which 90.99% is Hispanic; 3.48% is white; 0.44% is African American; 4.68% is Asian; 0.09% is Pacific Islander; 0.07% is American Indian/Alaskan Native; 0.25% is Filipino (Henke, 1). Further, of the total 34,001 students, 52% is limited English proficient, 22% is fluent English proficient, and 26% is English only.

Montebello School District and Bilingual Education

As the demographics of students in Montebello District shows, the majority of students are not fluent in English. In addition, according to 1998 Language Census Report Summary from the instructional division, Bilingual Office in April, 1998, there are at least 30 languages spoken (Bilingual Office, 1). Some of the reported languages include Arabic, Cantonese, English, French, Greek, Hindi, Italian, Japanese, Russian, Taiwanese, Turkish, and Vietnamese. Among the entire population of Montebello District school students, who are limited English proficient, 96% speaks Spanish, 1.1% speaks Armenian, 1.3% speaks Cantonese, and 0.2% speaks Vietnamese.

To accommodate learning process for these students, MUSD, in 1997-1998 school year, offered various bilingual programs, which included Primary Language Instruction, English Language Development, and Specially Designed Academic Instruction in English. MUSD has a total of 239 certified bilingual teachers, and 180 teachers in training for the Bilingual Cross-cultural Language and Academic Development (BCLAD), who provide primary language instruction in grades from kindergarten to the 12th grade, and 292 bilingual aides. In addition, 36 teachers with the BCLAD, the Cross-cultural Language and Academic Development, or the Bilingual Credential, (CLAD), and 21 teachers in training for the CLAD, are teaching English Language Development, (ELD), in grades K-12. There are 120 teachers with certification to teach Specially Designed Academic Instruction in English(SDAIE) content, and 71 teachers in training, that are teaching material using SDAIE strategies.

Montebello under challenge

In June 1998, Californians passed the Proposition 227-- a measure to eliminate bilingual education programs in California. The ballot initiative, passed in the June election, mandates that all children in California be taught English through English language. This new law against "traditional" bilingual programs has been controversial. Many lawsuits have been filed in attempt to overturn it. However, various school districts in California implemented the Pop. 227 in their 1998-1999 school year.

Since implemented, the Proposition 227 has changed the way language minority students, (students, who speak a language other than English and have not reached proficiency in English), are taught in pubic school. It has replaced the state's bilingual education programs with an English immersion curriculum. According to the proposition 227, language minority students or English learners should be taught through "structured English immersion" over a year. This "structured English immersion" is a English acquisition process and involves the majority of instruction given in English but curriculum and presentation are designed for language minority students learning English. For the purpose of explanation and clarification only, instructors of "structured English immersion" program may use the students' first language(s). After a year study in "structured English immersion" program, students, who gained reasonable fluency in English, should be placed in the mainstream English classrooms. Despite this change in the bilingual education, the law allows parents to seek waivers from the requirements of the new law if they do not wish their children to be placed in English immersion class. The qualification of the requirement waiver is the following:

1. The child knows English already.

2. The child is at least ten years old.

3. The child is a student of "special needs"(Montebello Unified School District, 2).

In response to the new change in bilingual education, Montebello Unified School District has offered three bilingual education program options for the minority language students. One is the mainstream English program, in which all courses are taught in English. Another is the structured immersion program, in which students are grouped with other English learners of the similar English proficiency level and develop their English proficiency through daily core English curriculum instructions specially designed for English learners. The last is bilingual program, in which students develop proficiency in their primary languages through core curriculum instructions in their own primary languages while learning English through formal lessons in English Language Development. In this program, the students are grouped with other English learners of the same grade and same primary language. Parents of students age 10 or older can place their child directly into this program(id, 1).

Parents of language minority students in Montebello Unified School District are now faced with a decision to make for their children's education. They should not only consider the effect of the program of their choice on their children's academic success, but also the effect of the program on their children's emotional growth as well as social adjustment. Yet, there is another decision, which the parents must face now. That is, they must decide which program would better assist their children with developing their talents, skills and aptitudes to function in an American society, to succeed in their careers, and most of all, to realize their dreams.

Myriad of Voices

"We have no impact," Mr. J. Schwartz, principal at the Montebello High School, simply puts regarding the impact of Prop.227 on Montebello High (Interview, 1). "....my kids are doing fine in their schools," says Lauren C., who is a Montebello resident and has two daughters: one is twelve and the other, sixteen. "....my son is taking E.S.L. (Interview, 5). He tries hard to learn English. Sometime, he asks me about his homework, and we go over it together," says Nick Moreno, a frequent shopper at Montebello Town Plaza, whose son is in 4th garde. He continues, "I think they should have bilingual classes for Hispanic students because in this country, many people are from Mexico and Central America"(id, 5). Mrs. Galindo, bilingual education coordinator at Montebello High School describes, "I think, the parents are fine with the way things are"(Interview, 2). At a glance, Montebello appears to be impermeable to the abrupt changes in bilingual education, brought about by the implementation of the Proposition 227.

This seems also true of many other communities throughout California. "I honestly didn't expect to see [students] achieve as well as they are doing," expresses Jose Posada, bilingual education coordinator at Los Angeles Elementary School in Koreatown. "Many of us who believed in the bilingual education program were scared about the unknowns...Now, we are saying, 'Well, maybe it's not so bad. Maybe, it's time we start talking about the positives'"(Shahagun, the Los Angeles Times). Bilingual coordinator at Charles W. Barrett Elementary School in South-Central Los Angeles also reports, "We still don't have the total picture. But in my opinion, our students are learning academic English faster than anticipated"(Shahagun, the Los Angeles Times). "We're very pleased and surprised," says Gail Reed, director of the English+ program for La Habra City School District. "Teachers see them conversing on the playground more in English"(id).

In the mist of the burgeoning optimism about the effectiveness of Prop. 227's immersion program, there have been also voices of caution. Regarding many optimistic reports on pupils' progress in English speaking and reading, Kris Gutierrez, associate professor of education at UCLA and a specialist in culture and learning in urban schools, expresses her concerns: "Imitation can be one of the first stages of learning, if it is part of a larger strategy....But the development of oral language skills doesn't tell us much about comprehension.....I wish {the teachers} were saying, "Juan is reading four books he wasn't reading before,' or that their kids were taking books home...If they were really getting turned on by English, they'd be checking out books and at least pretending to read them"(id). In addition, Roberta Thompson, superintendent of the Anaheim City School district, expresses her concern that young children might often pick up English quickly yet might face difficulty in reading comprehension as well as other subjects in the upper grades (id). The same tone of voice is heard in the words of Mrs. Galindo, bilingual education coordinator at Montebello High School: "...We were very lucky this year. We had a very little trauma from the Prop.227. We had very strong supports from parents, administrators. ...but it was terrible for elementary and intermediate schools.....we expect more trauma next year because we'll have new kids coming from 9th grade"(Interview, 1). In addition, as to the apparent optimistic sign of student progress in the immersion program, Louis Sahagun, the Los Angeles Times staff writer, points out, "The depth of students' English skill will become clearer after they take the Stanford 9 standardized tests..."(Shahagun, the Los Angeles Times).

Despite various expressions of optimism as well as cautions regarding the effectiveness of immersion program, what educators should consider is the question on whether the future success of immersion program with respect to English instruction can well justify the language minority students' depravity of bilingual education? In other words, does improving language minority students' English proficiency alone suffice the equal treatment of all students in order to ensure that all students receive proper education without any unfairly imposed burden? The equal access to education has been very controversial issue. Many lawsuits have been filed with reference to the denial of equal educational benefits in public school. So, it is important, first, to observe how the idea of equal treatment in education is conveyed in various events in the U.S. history.

Prop. 209 and Higher Education in California

Will Prop. 209 guarantee equal opportunity of higher education in California? Since voters in California in November 1996 approved it, there have been sizzling debates between supporters and opponents of affirmative action over whether it is legally justifiable to enforce Prop. 209, which heavily challenges the current college admission policy based on the nearly three decade old tradition of affirmative action. Thus, it is worthwhile to examine the purpose of the Prop. 209, the reasons behind proponents and opponents of Prop. 209, and finally whether it is justifiable to enforce Prop. 209 in the college admission policy in order to provide equal educational opportunity.

For nearly three decades, Americans have lived under the influence of affirmative action, efforts to redress past discriminations against women and minorities and to encourage their participation in various social areas, such as work place, school, etc. Affirmative action has roots in the 1960s during Civil Rights Movements. In 1965, President Lyndon Johnson ordered that regulations be imposed on the recipient companies of federal contracts: such companies were required to "adopt plans to increase the percentage of women and minority employees, and such plans could include specific numerical goals" (Kelman, 662). Since this event, state and local governments have implemented various affirmative action programs. One example pertaining to education is the announcement of Education Secretary Richard W. Riley on the 17th of Feb. 1994: "College and universities can offer scholarships made available only to members of minority groups," (Elizabeth Shogren, the Los Angeles Times). Besides scholarship offers, universities of California have used race based admissions programs. In the article of June 12, 1996, " Blacks Show Gains in Getting College Degrees," Peter Applebome reports "17 percent increase last year[1995] in the number of Ph.D.'s awarded to black graduate students" and "college enrollment of black students... by 2.5 percent."

However, there have been growing voices of anger against the affirmative action, which allows racial and sexual preferences treatments to women and minorities. These angry voices have sprung from non-minorities, namely white males, demanding evaluation based on merit rather than race and gender. Their main criticism has been that it is not fair to use discrimination to remedy effects of past discrimination. Thus, there have been various challenges against affirmative action. One classic example is the 1978 case, University of California Regents v. Bakke. The case came about as Allan Bakke sued the University of California after being denied admission to the medical school at UC Davis, despite his higher scores compared to that of a black applicant, to whom admission was granted due to the race based admissions programs adopted by Universities of California. The court ruled in favor of Bakke, declaring that the school did not violate the equal protection clause for a public institution to give minority or women applicants special consideration. However, the school was not justified in establishing quotas for minorities (Kelman, 665). Another challenge comes from former-Governor Pete Wilson's attack on affirmative action laws in California. According to the Dec. 31, 1994 L.A. Times article, "Wilson attacks Affirmative Action Laws," by Virginia Ellis, the former Governor Wilson is reported to have said that he believes efforts to remedy past discrimination " have gone to farther than perhaps most people would have intended... it's [not] fair to give preferences based on race or gender."

As a result of these growing criticisms against affirmative action, there came about California Civil Rights Initiative, a ballot measure known as Proposition 209. Being reminiscent of Civil Rights Act of 1964, Prop 209 prohibits the state not to "discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex color, ethnicity, or national origin in the operation of public employment, public education, and public contracting" (Connerly, The Wall Street Journal). And in November 1996, voters in California passed Prop. 209 by "54 percent to 46 percent" (Verhovek, the New York Times). Upon the passage of Prop. 209, then-Governor Wilson ordered all state agencies including California universities to suspend programs involving preferential treatment. In a few weeks, a federal judge, Thelton Henderson, issued "a temporary order barring implementation of Proposition 209" ( Zachary, the Wall Street Journal). Thus began a long train of debates between proponents and opponents of Prop. 209 over whether implementation of Prop 209 will guarantee equal opportunity of higher education in California.

Opponents of Prop 209, such as Judge Henderson and Edward Chen, a lawyer of American Civil Liberties Union, argue that Prop 209 violates the equal protection clause of the 14thAmendment by "imposing unfair burdens on minorities and women" (id). In addition, some opponents argue that diversity based on preferential treatment should be kept as a goal in all institutions since in the past women and minorities were discriminated against, and thus, today they are not capable of competing with non-minorities. To support their argument, they turn to the 1978 case of Universities of California v. Bakke, in which the Supreme Court ruled that a college could consider race as a factor in admissions policy. Further, some opponents argue that Prop. 209's abolishing current college admissions policy will eventually lead to the discriminatory admissions policy. Liberal civil-rights leader, Jesse Jackson, likewise argues, "Affirmative action is a remedy, developed to counter entrenched institutional habit of discrimination....Without the protection of the law, those who are routinely locked out will continue to face closed doors and glass ceilings" (Ayres, the New York Times).

Proponents of Prop. 209 argue that preferences are inherently not fair. This view is well represented in the Bob Dole's address on affirmative action in San Diego in October 20, 1996. He addressed, "We believe that it is wrong to use quotas and set-asides that serve only to pit American against American and group against group. Our goal must always be equal justice before the law, not discrimination.... the real focus should be on helping citizens who are economically disadvantaged to provide assistance based on need, not skin color."

In addition, other proponents of Prop. 209 argue that the current university admissions system casts doubts on the qualities of the beneficiaries. In the New York Times article of April 15, 1996, "Fighting Affirmative Action, He finds His Race an Issue," B. Drummond Ayres Jr. reports the argument of Ward Connerly, the Chairman of the California Civil Rights Initiative campaign and a member of the University of California Board of Regents. In the article, Connerly is reported to say, "The truth is that preferences at this point are not just reverse discrimination, they are degrading to people who accept them." Such proponents view race-based college admissions policies as offensive since they demean the intelligence and abilities of minorities.

Despite numerous debates between supporters and opponents of Prop. 209, it appears quite interesting to note that both sides have the same goal, to create a society in which members' successes do not depend on their race or gender, and part of which involves providing equal educational opportunities to all members. It is important, in order to provide equal educational opportunity, to establish a strict principle, public policy, or a law, which promotes well-being of all the societal members. In this respect, proponents of Prop. 209 appear more realistic in achieving the goal of creating gender-less and race-less society. Of course, women and minorities were discriminated against in the past. No one can say for sure today that not even one woman's or one minority's rights have not been violated under the equal protection clause of the 14th Amendment. Yet, it must be also acknowledged that because of affirmative action programs, some people's rights are violated-- the rights of whites. In addition, it must be considered that punishing a person for some one else's fault can not be just or fair. Second, the issue of the numerous debates between two sides should be about finding the appropriate measures to successfully replace the current race based college admissions policy. In this regard, Mr. Dole seems to have the right point, in that the focus of helping citizens should be on an economic base and not on the racial one. If most minorities are too poor to provide their children with proper education and necessary preparation to be able to get into college, then the reason follows that the federal, state and local governments should help the poor rather than certain racial groups to benefit equal educational opportunities since helping the poor necessarily involves helping a member of a certain racial group that happens to be poor. Further, it must be noted that as Clint Bolick argues in his June 12, 1996 The Wall Street Journalarticle, "So Far, Clinton Can't Kick His Quotas Addiction," efforts to provide equal opportunity of higher education should be focused at elementary and secondary school education. The goal of affirmative action should not be about granting preferential treatment to women and minorities regardless of their merit, but it should be about generating more women and minority applicants to colleges, who will be fully capable of competing equally with non-minorities. Finally, it should be noted that on Monday, Nov. 3, 1997, the Supreme Court denied the hearing of the case involving the Prop. 209. The apparent reason behind the Supreme Court decision appears to be the case that since Prop. 209 does not violate any one's rights, it is constitutional to implement it.

Lau v. Nichols

The most monumental United States supreme Court ruling in regard to bilingual education is Lau v. Nichols case in 1974. This suit was brought by the parents of about 1,800 limited English proficient students of Chinese ancestry against the San Francisco Public School System, which placed non-English speaking students in regular classes without providing them any special instruction. The Supreme Court ruled that placing limited English proficient student in regular class constituted the violation of their rights protected by Civil Rights Act of 1964. In addition, the Court held that the violation of the language minority students' rights under 1964 Civil Rights Act sufficed and thus, it did not consider the students' claim as to the violation of their constitutional right to equal protection protected by the Fourteenth Amendment. Further, in the ruling, Justice William Douglas reviewed the provisions of the California Education Code which state "English shall be the basic language of instruction in all schools;" permit a school district to determine "when and under what circumstances instruction may be given bilingually;" state "policy of the state" to insure " the mastery of English by all pupils in the schools;" and authorize bilingual instruction "to the extent that it does not interfere with the systematic sequential, and regular instruction of all pupils in the English language"(Lau v. Nichols). Further, Justice Douglas noted, "Under these state imposed standards, 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"(id). Thus, the Court ruled that in order to maintain educational equal opportunity, schools provide special assistance to language minority students. It must be noted, however, that the Supreme Court decision over Lau v. Nichols case did not specify the type of assistance required in order to implement bilingual education.

Guadalupe Organization v. Tempe Elementary School District No. 3

The case, Guadalupe v. Tempe, is an extension of Lau v. Nichols in that the former clarifies the issue of bilingual education assistance, which the former left unclear. The suit was filed on behalf of all limited English proficient Mexican American and Yaqui Indian students at Tempe Elementary School District No. 3. The students alleged their school district's violation of the Fourteenth Amendment, Title VI, and the Equal Educational Opportunity Act and demanded the provision of bilingual-bicultural education form the district. Despite the school district's effort to assist them to overcome their language barrier, they claimed that they had been denied:

...instruction that "has as its goal having a child graduate at each grade level from kindergarten to fourth year in high school competent and functional in reading, writing, and comprehension both in the child's own language, Spanish, and the language of the majority culture, English." (And) in which "all courses of instruction, testing procedures, instructional materials [are] bilingual and bicultural." Finally, appellants contend that the school district failed to reflect in its program of instruction the particular history of the parents of each child attending the school(Guadalupe, 1022).

Regarding the plaintiffs' claim on the violation of the Fourteenth Amendment, the Court ruled that the bilingual education issue was not required under the U.S. Constitution or the Civil Rights Act of 1964 and providing additional English language assistance to students was a very appropriate means of satisfying the requirements of Lau v. Nichols. In its ruling, the Court stated:

...fully aware of the serious nature of the appellants' contentions. Our analysis returns us to the foundations of organized society as manifested by the nation-state. We commence by recognizing that the existence of the nation-state rests ultimately on the consent of its people...Linguistic and cultural diversity within the nation-state, whatever may be its advantages from time to time, can restrict the scope of the fundamental compact. Diversity limits unity....

Multiple linguistic and cultural centers impede both the egress of each center's own and the ingress of all others....to reinforce affection toward insiders, hostility toward outsiders develops...

Whatever may be the consequences, good or bad, of many tongues and cultures coexisting within a single nation-state, whether the children of this Nation are taught in one tongue and about primarily one culture or in many tongues and about many cultures cannot be determined by reference to the Constitution. We hold, therefore, that the Constitution neither requires nor prohibits the bilingual and bicultural education sought by the appellants. Such matters are for the people (id, 1027).

The Court ruled that the cases involving constitutional claims to bilingual and bicultural education were not in conflict with its holding.

Bilingual Education

As noted in the above three events, equal access to education does not simply mean the provision of equal educational facility or a preferential treatment to any group to redress past wrongs. During the 1998 election period, one of the most fervent arguments of Prop. 227 proponents was the criticism against the discriminatory nature of bilingual education. This argument resonates still today. "Bilingual education....is discriminatory because it does not treat all languages equally," writes Catherine Antolino Mervyn in her Los Angeles Times article (Mervyn, L.A. Times). "I come to school to learn English...it doesn't matter if my school stops all bilingual classes." says Sam C., student at Schurr High School in MUSD (Interview, 1). Another powerful argument of Prop. 227 supporters was the failure of bilingual education system to teach children to read and write: "Last year (1997), only 6.7 percent of limited-English students in California learned enough English to be moved into mainstream classes"(Voter Guide). In order to address these two criticisms on bilingual education, it is necessary to analyze the meaning and purpose of bilingual education.

According to the current congressional policy and guidelines for bilingual education, congress the United States Congress finds bilingual education program as the following:

The term "bilingual education program" means an educational program for limited English proficient students that--

(A) makes instructional use of both English and a student's native language;

(B) enables limited English proficient students to achieve English proficiency and academic mastery of subject matter content and higher order skills, including critical thinking, so as to meet age-appropriate grade-promotion and graduation standards in concert with the National Education Goals;

(C) may also develop the native language skills of limited English proficient students, or ancestral languages of American Indians, Alaska Natives, Native Hawaiians and native residents of the outlying areas; and

(D) may include the participation of English-proficient students if such program is designed to enable all enrolled students to become proficient in English and a second language (The United States Congress, sec 7501).

Among the congressional findings, the following addresses in relevance to the purpose of the bilingual programs:

(9) quality bilingual education programs enable children and youth to learn English and meet high academic standards including proficiency in more than one language;

(10) as the world becomes increasingly interdependent and as international communication becomes a daily occurrence in government, business, commerce, and family life, multilingual skills constitute an important national resource which deserves protection and development...

(14) the use of a child or youth's native language and culture in classroom instruction can--

(A) promote self-esteem and contribute to academic achievement and learning English by limited English proficient children and youth

(B) benefit English-proficient children and youth who also participate in such programs; and

(C) develop our Nation's national language resources, thus promoting our Nation's competitiveness in the global economy (id, sec. 7501).

As the congressional definition and findings as to bilingual programs reveal, the scope of bilingual education does not rest in the instruction of the English Language only. It does not only involves teaching English to the limited English students and thus enabling them to meet high academic standard but also promoting their "self-esteem." If the purpose of bilingual education is confined in the frame of English instruction, then it is quite legitimate to abolish bilingual education after all and initiate a new English instructional program for language minority students as in the case of the immersion program under the implement of Prop. 227. It is even in accord with rulings in Lau v. Nichols and Guadalupe v. Tempe cases as well as "English only" provision of California Education Code (California Education Code, 71).

Regarding the function of building self-esteem, opponents of bilingual education may argue as well that the success of immersion program implemented under Prop. 227 satisfies such role. Many teachers reports on positive out-turn of the immersion program support this view. Yomy Duran, a second-grade teacher, reports, "I expected that their self-esteem would be affected, and that they would feel inhibited, give up easily. Instead, they are excited, motivated"(Khachigian, 7). Yet, it must be noted that the self-esteem which language minority students develop in a successful immersion program is not same kind of self-esteem as the one described in the findings of the United States Congress. In the congressional findings, it is stated," the use of a child or youth's native language....in classroom instruction can... promote self-esteem"(the United States Congress, sec. 7501). In the former's case, that is the case involving the second-grade teacher's report, the kind of self-esteem promoted in the immersion program can be described as generic by its nature. The promotion of the self-esteem of this type can be found in many activities. Winning a baseball game promotes a child's self-esteem. Obtaining high scores on tests promotes his/her self-esteem. So do getting a praise from a teacher, learning how to ride a bike, and even playing a video game. Through simple awareness of his/her potential as well as others' recognition of his/her capability and good deeds, a child's self-esteem is promoted. The promotion of such type of self-esteem transcends the barriers of language and ethnic background. No matter what language a child speaks or what culture she is living in, once she hears a praise from her parents or teacher, she begins to feel good.

In the latter's case, involving the promotion of self-esteem described in the findings of the U.S. Congress, the promotion of a child's self-esteem in a bilingual program is unique in that it depends on the exposure to his/her cultural heritage. In classes, in which instructions are given in English only, mainstream students perceive English, a familiar element from their home as well as their culture, as an essential part of their education while language minority students don't. Besides, teaching English to language minority students by placing them in the immersion program may give them an impression that their first language, an important element of their own culture, is rather a hurdle in their education. The language minority students in bilingual programs, however, may perceive their own culture in addition to the American culture as integral part of their education. Such students in bilingual students, unlike those placed in the immersion program or the mainstream classes, will feel proud of themselves as well as of their own cultural heritage. Besides, students with such self-esteem are more likely to develop positive images of their schools as well as their societies. In this respect, the removal of bilingual education creates an unnecessary burden for language minority students.

Regarding the accusation of bilingual education of its unequal treatment of languages, again, attention must be paid to the findings of the United States Congress: bilingual programs "...may include the participation of English-proficient students if such program is designed to enable all enrolled students to become proficient in English and a second language"(id, sec. 7501). If bilingual classes served as the permanent refuge for language minority students, then new bilingual programs must be created in such way they will incorporate need of all students willing to expand their knowledge into the language and the culture other than their own. As to the criticism of bilingual education's failure to teach English to language minority students, the government should designate a funding for a series of research on improving the effectiveness of bilingual education with respect to English instruction for language minority students. It is more reasonable to take necessary steps to repair problematic areas in bilingual program rather than to remove it all. Further, education is not just about passing exams or learning one's proficiency in a language, but teaching them to be independent, critical, able to function in a society, confident, and, most of all, self-reliant. Any educational program with its narrow focus on one particular area of education is not desirable for individual students as well as the society since it denies students their opportunity to shape their unique beings. All educational programs should have holistic approach. Thus, bilingual education is an indispensable element in American public education.

Equality

"All men are created equal"(the U.S. Congress). Thus outcried our founding fathers of this nation in revolution against the tyrannical English regime. The idea of the equal creation of men appears very self-evident as in the case of such mathematical axiom as "the shortest distance between two points is a straight line" or as in the case of such philosophical maxim as "I think; therefore, I am "(Descartes, 24). Yet, its meaning is very subtle to grasp. In mother nature, Darwin's concept of survival of the fittest seems to prevail over the equality of all people. To make the matter worse, 200 years after the birth of this nation, many incidences of unequal treatment are still prevalent today in American society, especially in Los Angeles.

One example of urban inequality is the ever increasing suburbanization and subsequent multiplicity of ghetto (Davis, 45). According to a recent Chicago study, extending a utility service to a house outside an already existing suburb costs $60,000 as compared to $5,000 in the case of providing utility to a house inside the suburb (id, 403). This enormous expense is covered by the tax money form the residents of the already existing suburb. In the case of San Bernardino whose residents were uniformly white, many buildings were damaged by the North Ridge Earthquake, but no damage assessment has yet been made. Then, the suburb become populated numerous non-white, many of whom had just managed to get out of the inner-city slum in pursuit of ever wanted peaceful suburban life style. Yet, some whites perceived them as the source of the structural problems in their suburb and began to migrate to the outer rim of the suburb with the tax money collected from the new comers.

Another example is the unequal public safety measures for the poor inner-city areas of Los Angeles and the wealthy communities in Malibu and Laguna, located along the coast as well as on the hills. The Federation of Hillside and Canyon Associations lobbied for many years with state and local officials to purchase a fleet of planes designed for handling wildfire at $17 million each (id, 147). And due to the 1993 Malibu fire, the state purchased the planes for the experimental purpose. Meanwhile, there have been numerous occurrences of fire in the ill-fated inner-city communities of L.A., such as West Lake District and the Garment District. Many fire incidences came about due to the dilapidated building conditions with increased fire hazard under the building owners' neglect as well as the city officials' failure to maintain high standard for public safety. After their three separate visits to the Burlington Apartments, the fire inspectors discovered people living in closets and the areas dangerous to the public safety. Twice, they ordered the owners "to post an emergency 24-hour firewatch until the violations were corrected"(id, 123). The owners did not comply at all. Despite the departmental regulations requiring them to take necessary measure to correct the violation, the inspectors did not do so. And two weeks later, a fire broke out in the Burlington, and it claimed 10 lives (id, 124).

The simple wisdom of common people reveals that it is the people of need who should receive more help than people of comfort. Yet, the reality seems to show otherwise. There are so many incidences of inequality. Nevertheless, it must be noted that however great the chasm between the common people's wisdom and the reality exists, it is the former which shaped the destiny of this Nation and has directed the course of its own history. Equality of people, regardless of whether it is self-evident, has inspired many Americans, the common people, to strive for what other nations are deprived of: right to free speech, right to privacy, and right to equal treatment. Today, the bilingual education is fading out of many people's favor. It may be on the verge of extinction. Yet, as noted above, bilingual education provides limited English proficient students an opportunity to perceive their culture as the integral part of education as it is common with the mainstream students. As more limited English proficient students are given such opportunity, more of them will be motivated to willingly participate in the process of learning as well as in the affairs of American society.

Montebello and Stanford 9

"As far as this year, we're very optimistic. And we can only get better,"says Anne Rich, director of educational measurement for Montebello Unified School District (Arroyo, 3). This is the second year that Montebello District students, second through eleventh grades, have to take Stanford 9 test. It is administered nationwide to measure students' knowledge in math, reading, language arts, science and social science. According to MUSD students' reading scores last year, only the eleventh-grade students scored above the national curve. In math, seventh- and eleventh-graders reached above the average. In language arts, sixth- and eleventh-grade students scored the average and others fell below. Comparing the performances of the mainstream and limited English proficient students at Montebello High, Mrs. Galindo, bilingual education coordinator at Montebello High School, reports, "...scores of mainstream students are not much high...LEP students are helping to bring up the [average school] score"(Interview, 2). She also mentions that last year, Spanish speaking language minority students got higher results than the mainstream students.

Since Governor Gray Davis expressed his plan to use Stanford 9 test scores as a means to determine the promotion of students into next grade, Montebello District used test taking tips to help students prepare for the test. Mr. J. Schwartz, principal at Montebello High School, went around his classrooms to boost students' confidence. "We worked on their confidence level to relieve some of the anxiety," he says (Arroyo, 3). Despite the apparent optimism of MUSD officials, it is not certain at this moment how limited English proficient students will perform. The district will submit the tests in May, and the results have to wait till June.








Works Cited

Applebome, Peter : "Blacks Show Gains in Getting college Degrees"; the Los Angeles Times; June 12, 1996.

Arroyo, George : "District Getting Students Psyched Up for Stanford 9"; Our Times; April 29, 1999.

Ayres, B. : "Fighting Affirmative Action"; the New York Times; April 15, 1996.

Ayres, B. : "Jackson Criticizes white House"; the New York Times; Nov. 18, 1996.

Bilingual Office : Montebello Unified School District 1998 Language Census

Instructional Division Report Summary; 1998.

(Montebello School

Unified School District)

Bolick, Clint : "So Far, Clinton Can't Kick His Quotas Addiction"; The Wall Street Journal; June 12, 1996.

California Education Code, 71

City of Montebello : City of Montebello Community Profile; 1998.

Connerly, Ward : "An Ugly Campaign to Preserve Quotas"; The Wall Street Journal; Sept. 25, 1996.

Descartes, René : Meditations on First Philosophy from The Philosophical Works of Descartes, translated by Elizabeth S. Haldane and G. R. Ross;

Cambridge University Press.

Davis, Mike. Ecology of Fear: Los Angeles and the Imagination of Disaster. New York: Metropolitan. 1997.

Ellis, Virginia : "Wilson attacks Affirmative Action Laws"; the Los Angeles Times; Dec. 31, 1994.

Guadalupe v. Tempe, 587 f.2d 1022, 1027 (9th Cir. 1978).

Henke, Robert : Racial Ethnic Distribution of Public School Enrollment 1998-1999;

Director of Pupil April 1999

and Community Service

Interview : Interview with Montebello resident, Moreno; April 24, 1999.

Interview : Interview with Montebello High School principal, Jeff Schwartz;

April 23, 1999

Interview : Interview with Mrs. Galindo, bilingual coordinator at Montebello

High School; April 25, 1999

Dhachigian, K. : "Kids Learning English Faster in Immersion"; the Los Angeles Times; February 14, 1999.

Kelman, Steven : American Democracy and the Public good, brief ed.; 1996

Lau v. Nichols, 414 U.S. 563 (1974)

Mervyn, Catherine : "Bilingual Education"; the Los Angeles Times; Dec 6, 1998.

Montebello Unified : Defining Prop. 227, vol. 1, Oct. 1, 1998.

School District

Montebello Unified : Finger Tip Facts 1997-1998; 1998

School District

Shahagun, Louis : "English Immersion Takes Shape"; the Los Angeles Times;

January 13, 1999.

Shahagun, Louis : "L.A. Students Take to English Immersion"; the Los Angeles Times;

January 13, 1999.

On line : www.Montebello.k12.ca.us/

On line : http://Primary98.ss.ca.gov/Returns/prop/

Shogren, Elizabeth : "In U.S. Reversal, Minority-Based Scholarships OK"; the

Los Angeles Times; February 18, 1994.

The U.S. Congress : The United States Congress Findings, Policy and Purpose, sec. 7102, sec. 7501. (http://Primary98.ss.ca.gov/VoterGuide/Propositions/227.hktm)

The U.S. Congress : The Declaration of Independence

Verhovek, Sam : "Vote in California is Motivating Foes of Anti-Bias Plans";the

New York Times; Nov. 10, 1996.

Zachary, Pascal : "Judge's Block on California Prop. 209 Marks first of Prolonged Legal battles";the Wall Street Journal; Nov. 29, 1996.