History of bilingual education

Although bilingual education has been used in the United States for more than 200 years, the 1968 Title VII amendment to the 1965 Elementary and Secondary Education Act (ESEA) instituted federal grants for bilingual education programs. This legislation led to the development of appropriate teaching and learning materials and training for teachers of bilingual students.

In 1974 the U.S. Supreme Court ruled that the San Francisco school system had violated the Civil Rights Act of 1964 by not providing English-language instruction for Chinese-speaking students. All school districts were directed to serve ELLs adequately, and bilingual education quickly spread throughout the United States. In the 1980s a group called Asian Americans United filed a class-action lawsuit charging that Asian Americans were not being provided with an equitable education because they were not offered bilingual classes. The result of this suit was the creation of sheltered ESL, in which ESL students take all of their classes together.

The No Child Left behind (NCLB) Act of 2001—President George W. Bush's major education initiative—reauthorized the ESEA. It also imposed penalties on schools that did not raise the achievement levels of ELLs for at least two consecutive years. Although most research indicates that it often takes seven years for ELLs to attain full English fluency, the new federal law allows these children only three years before they must take standardized tests in English. Schools with large numbers of children speaking many different languages are particularly disadvantaged under the law. A 2003 survey by the National Education Association found that 22,000 schools in 44 states failed to make the required yearly progress on standardized tests, primarily because of low test scores by ELLs and disabled students. The National Association for Bilingual Education claims that NCLB sets arbitrary goals for achievement and uses "invalid and unreliable assessments." Furthermore, although the NCLB requires teachers to be qualified, as of 2004 there is a severe shortage of qualified teachers for ELLs. Some communities have developed early-intervention programs for Spanish-speaking parents and preschoolers to help children develop their Spanish language skills in preparation for entering English-only schools.

In May of 2004, the U.S. Department of Education and faith-based community leaders launched an initiative to inform Hispanic, Asian, and other parents of ELLs about the NCLB. It featured the "Declaration of Rights for Parents of English Language Learners under No Child Left Behind."

As of 2004 American public schools include about 11 million children of immigrants. Approximately 5.5 million students—10 percent of the public school enrollment—speak little or no English. Spanish speakers account for 80 percent of these children. About one-third of children enrolled in urban schools speak a primary language other than English in their homes. Between 2001 and 2004, 19 states reported increases of 50 to 200 percent in Spanish-speaking students. ELLs are the fastest-growing public school population in kindergarten through twelfth grade. Between 2000 and 2002, nationwide ELL enrollment increased 27 percent. About 25 percent of California public school children are ELLs. However, there is a profound shortage of bilingual and ESL teachers throughout the United States. Although 41 percent of U.S. teachers have ELLs in their classrooms, only about 2.5 percent of them have degrees in ESL or bilingual education. The majority of these teachers report that they are not well-prepared for teaching ELLs. About 75 percent of ELLs are in poverty schools, where student turnover is high and many teachers have only emergency credentials.