From Lau to Unz:

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From Lau to Unz An Anatomy of the Policy
Debate over Bilingual Education.
Kenji Hakuta Stanford University http//www.stanfo
rd.edu/hakuta National Association for
Bilingual Education Philadelphia March 22, 2002
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1974
1998
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U. S. Supreme CourtLau v. Nichols 1974
Basic English skills are at the very core of what
these public schools teach. Imposition of a
requirement that, before a child can effectively
participate in the educational program, he must
already have acquired those basic skills is to
make a mockery of public education. We know that
those who do not understand English are certain
to find their classroom experiences wholly
incomprehensible and in no way meaningful.
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Lau v. Nichols 1974 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.
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Lau v. Nichols 1974 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. No specific remedy is
urged upon us. Teaching English to students of
Chinese ancestry who do not speak the language is
one choice. Giving instructions to this group in
Chinese is another. There may be others.
Petitioners ask only that the Board of Education
be directed to apply its expertise to the problem
and rectify the situation.
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1975 Lau Remedies Terrence Bell, the United
States Commissioner of Education issued the Lau
Remedies. These remedies went beyond the Lau
decision and required that bilingual education be
provided. Because an ESL program does not
consider the affective or cognitive development
of students in the elementary and intermediate
grades, an ESL program is not appropriate.
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• Common Program Categories
• English as a second language (ESL)
• Structured immersion (or "sheltered instruction"
  in secondary grades)
• Transitional bilingual education
• Maintenance bilingual education
• Two-way bilingual programs

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EVALUATIONS 1978 AIR Study, "Evaluation of the
Impact of ESEA Title VII Spanish/English
Bilingual Education Program released in
January. 1981 Circulation of Baker De Kanter
internal OPBE document "Effectiveness of
Bilingual Education A Review of the Literature",
September. 1983 "Longitudinal Study of
Immersion and Dual Language Instructional
Programs for Language Minority Children" 1983
"National Longitudinal Evaluation of the
Effectiveness of Services to Language Minority,
LEP Students 1985 Willig meta-analysis 1987
Rossell Ross review. 1998 Greene
meta-analysis.
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Castañeda v. Pickard, 1981
The U.S. 5th Circuit Court of Appeals ruling
interpreted the Equal Education Opportunities Act
of 1974 statement of "appropriate action" as
requiring the meeting of three criteria (1)
programs must be based on "sound educational
theory" (2) they must be "implemented
effectively" with adequate resources and
personnel, and (3) after a trial period, the
program must be evaluated as effective in
overcoming language handicaps.
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Castañeda Model
Theory Implementation
Learning
modify
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What is sound theory?
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What is sound theory?
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Language Proficiency
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How Long Does It Take?
English oral proficiency, reading and writing
development and redesignation probability from
LEP to FEP as a function of grade level.
District A.
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Cummins Common Underlying Proficiency
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Relationship between Native Language (Spanish)
and Second Language (English) Proficiencies, r
.51.
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Performance differences between strong and weak
L1 and L2 readers.
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Lily Wong Fillmore and Catherine Snow What
Teachers Need to Know about Language ERIC
Clearinghouse on Languages and Linguistics http
//www.cal.org/ericcll/teachers/teachers.pdf
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Summarize texts, using linguistic cues to
interpret and infer the writers intentions and
messages.
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Summarize texts, using linguistic cues to
interpret and infer the writers intentions and
messages.
Analyze tests, assessing the writers use of
language for rhetorical and aesthetic purposes
and to express perspective and mood.
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Summarize texts, using linguistic cues to
interpret and infer the writers intentions and
messages.
Analyze tests, assessing the writers use of
language for rhetorical and aesthetic purposes
and to express perspective and mood.
Extract meaning from texts and relate it to other
ideas and information.
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Summarize texts, using linguistic cues to
interpret and infer the writers intentions and
messages.
Analyze tests, assessing the writers use of
language for rhetorical and aesthetic purposes
and to express perspective and mood.
Extract meaning from texts and relate it to other
ideas and information.
Evaluate evidence and arguments presented in
texts and critique the logic of arguments made in
them.
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Summarize texts, using linguistic cues to
interpret and infer the writers intentions and
messages.
Analyze tests, assessing the writers use of
language for rhetorical and aesthetic purposes
and to express perspective and mood.
Extract meaning from texts and relate it to other
ideas and information.
Evaluate evidence and arguments presented in
texts and critique the logic of arguments made in
them.
Recognize and analyze textual conventions used in
various genres for special effect to trigger
background knowledge or for perlocutionary
effect.
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Summarize texts, using linguistic cues to
interpret and infer the writers intentions and
messages.
Analyze tests, assessing the writers use of
language for rhetorical and aesthetic purposes
and to express perspective and mood.
Extract meaning from texts and relate it to other
ideas and information.
Evaluate evidence and arguments presented in
texts and critique the logic of arguments made in
them.
Recognize and analyze textual conventions used in
various genres for special effect to trigger
background knowledge or for perlocutionary
effect.
Compose and write an extended, reasoned text that
is well developed and supported with evidence and
details.
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What is sound theory?
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SES
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Household Income by Language Group (Source 1990
Census of Population and Housing)
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Norm-referenced English writing scores by parent
educational level, District B.
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What is sound theory?
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• Elements of Standards-Based Reform
• clearly articulated, publicly accepted standards
  for academic content, student performance, school
  capacity
• alignment of educational components around the
  standards
• assessment, accountability, and improvement
  system built on standards
• important condition fairness in testing
  (assessment in a language and form most likely to
  yield valid and reliable results)

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Figure 11
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What is sound theory?
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Figure 9
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Proposition 227 All minority language children
will be placed in English language classrooms.
Children who are limited English proficient will
be taught through sheltered English immersion for
a period not normally to exceed one year.
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Rosalie Porter Director, READ Institute
-- learning subject matter content in a second
language can begin to occur in a matter of weeks,
starting with the subjects that can be partially
understood through symbols (mathematics), active
experiments and demonstrations (science), and
progressing to the social science.
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English Learning Students (2nd Grade, SAT9 2000
Reading)
Schools providing bilingual instruction
Schools using only English immersion
Oceanside USD
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English Learning Students (3rd Grade, SAT9 2000
Reading)
Schools providing bilingual instruction
Schools using only English immersion
Oceanside USD
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Figure 1. SAT-9 reading scores for Oceanside and
Statewide for 1998 thru 2000. Blue lines
represent data for all students red lines
represent data for English Learners (LEP).
All Students
All Students
English Learners
English Learners
Oceanside
Statewide
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What are the components of sound educational
theory?
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Carnine and Meeder Principles

• Random assignment of students and teachers to
  conditions
• Representative and unbiased sample
• Minimum N12 per condition
• Valid, reliable measures
• Confounding variables controlled
• Valid statistics
• Educationally significant

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National Reading Panel Standards

• True or quasi-experiment
• Study participants must be carefully described
  (age, demographic, cognitive, academic, and
  behavioral characteristics)
• Study interventions must be described in
  sufficient detail to allow for replicability,
  including how long the interventions lasted and
  how long the effects lasted
• Study methods must allow judgments about how
  instruction fidelity was insured and
• Studies must include a full description of
  outcome measures.

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Research Reform Proposal

• A new, independent Education Audit Agency
• Dedicated to the canons of scientific inquiry and
  the pursuit of truth, without fear or favor
• In its conduct of education research, the
  Education Audit Agency should strive for
  scientific rigor, including, to the maximum
  degree possible, randomized field trials.

William Bennett, Chester Finn, Tom Loveless,
Diane Ravitch Seven Principles for Reauthorizing
OERI, NAEP and NAGB May 4, 2000
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A Definition of Research
is evaluated using randomized experiments in
which individuals, entities, programs, or
activities are randomly assigned to different
variations (including a control condition) to
compare the relative effects of the
variations. Amendment offered by Mr. Schaffer to
the Amendment in the nature of a substitute
offered by Mr. Goodling (ESEA)
Document dated April 5, 2000, courtesy of Gerald
Sroufe, AERA
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NERPPB Policy Statement
The power of science comes from a combination of
strong theory and data that bear on the theory.
This implies endorsement of explicit ideas and
agreed-upon methods for exploring and testing
these ideas based on observation that has
internal and external consistency. Experiments,
as a classification of research, should not be
scattershot or universal. Rather, they should be
justified by a cumulative record of rigorous
naturalistic observation and piloting. This
requires knowledge of context in addition to
adherence to scientific canons. While
experiments in education may not be used as
frequently as they should as a preferred means
for investigation science should not be
equated with experiments.
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National Academy of Sciences Scientific Research
in Education Lisa Towne andRichard Shavelson,
Eds. Methodology appropriate to the question
being asked.
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Benefits of Bilingualism
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Born in Mexico
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Born in Mexico
Born in US, parents immigrated as adult
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Born in Mexico
Born in US, parents immigrated as adult
Born in US, parent immigrated as child
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Born in Mexico
Born in US, parents immigrated as adult
Born in US, parent immigrated as child
Parent born in US
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Catastrophic language loss
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Basic English skills are at the very core of what
these public schools teach. Imposition of a
requirement that, before a child can effectively
participate in the educational program, he must
already have acquired those basic skills is to
make a mockery of public education. We know that
those who do not understand English are certain
to find their classroom experiences wholly
incomprehensible and in no way meaningful.
U. S. Supreme CourtLau v. Nichols 1974
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• Overall Assessment of the Period
• Justice
• Fairness
• Benefits