Legal and Ethical Issues Confronting the Education of English Language Learners

 

 

 

The abolition of bilingual education is a topic of hot debate these past few years, and as inflicted by recent bans in Arizona, California and Massachusetts. Many English language learning supporters state that bilingual education is both a human and a civil right. However, such advocacy seems to fall on deaf ears. There are other instances whereby legal and ethical conflict arises. For instance the English Language Arts (ELA) assessment tests intended for students in Grades 3 to 8 is a timed test that contains multiple-choice questions and performance assessment items. The tests are undertaken in accordance to the high learning standards in New York State and New York City. The results of the ELA Test serve as decision-making tools whether the student will advance or not.

 

In a testimony made by Luis O. Reyes in 2006, Reyes relates how the Student Assessment Policy in New York failed to comply with the Federal No Child Left Behind (NCLB) Act especially the method of testing annual progress of students with limited English proficiency. Reyes noted that it takes at least five to seven years to acquire native-English speaker level, and that bilingual students should not be punished because of following the normal process of learning English. Such method, particularly, threatens the effectiveness bilingual students by failing to measure what the students already know and are able to do; putting English Language Learners (ELLS) at a disadvantageous position in keeping them from opportunities of advancement in school while also penalizing ELLs for their lack of English competencies; reducing the quality of education the ELLs receive; and undermining the bilingual education program.  

 

In order that the New York state not to obey with the NCLB Act, New York State English as a Second Language Achievement Test (NYSESLAT), according to Reyes, must be included in the fair accountability systems as well as establishing effective psychometric practices. It was also suggested that it would be plausible for New York schools offering ESL and bilingual education programs to use multiple measures of proficiency measurement such as portfolio, sampling of works and classroom-based assessments.

 

Another issue faced by the ELLs is gaining English literacy is a prejudicial environment especially for Hispanics. Hispanics (90%) believed that it was important to learn English in order to succeed in the US, according to the 2002 nationwide survey despite their origin. For example, those students who migrated from Mexico always experience difficulties not only with dealing with their monolingual English-speaking teachers but also with the contents of their courses/subjects. Moreover, the language learning programs do not provide for a sound transition for the students, leading to social and linguistic exclusion for the Hispanics. What disadvents such group of students more is the school environment that they have grown accustomed with.

 

Usually, Hispanic students are schooled in rural areas with limited staff as well as teaching and learning materials, and who will then enter urban schools. Likewise, ELL teachers assume that students have sufficient abilities when it comes to reading and understanding assignments, lessons and contents of materials. There are also no tutoring mechanisms to support the learning of the Hispanic students, leading to the lack of academic and social support and the increased academic failure of Hispanic ELL students. Such process delays the acquisition of oral and academic language aptitude. This scenario is common in North Carolina where students who were not able to surpass the social, cultural and academic obstructions choose to drop out of their ELL program. The increased in drop outs is evidenced by the 3% in eighth grade into 32% of the total number of drop outs in their ninth grade. Latinos, more specifically, show inexplicably high rates of drop out at 7%.  

 

According to Mount-Cors, English language learning programs could be made effective using academic instrumental knowledge. In order for schools in North Carolina to address the relatively high rates of drop out, teachers, schools and parents must work hand in hand. This is in accordance with the National Literacy Panel on Language – Minority Children and Youth which recognizes that diverse background and individual differences of ELLs have significant impact on the development of English language literacy as well as the Resolution our forward by the American Federation of Teachers. As such, it is important for every academic institution offering ELL services to have an additive intervention strategy in the form of culturally relevant curriculum and school retention program.

 

Reference:

 

American Federation of Teachers. Where We Stand: English Language Learners. A Union of Professionals. Retrieved on 24 November 2008, from http://www.aft.org/pubs-reports/downloads/teachers/ellwws.pdf.

 

Mount-Cors, M. F. The middle age school challenge for English language learners of Mexican origin. Retrieved on 24 November 2008, from http://www.learnnc.org/lp/editions/brdglangbarriers/4485.

 

Reyes, L. O. (2006). Limited English Proficient/English Language Learner (LEP/ELL) Student Assessment Policy in New York State under the Federal No Child Left Behind Act. Public Hearing. New York City Council Education Committee. Retrieved on 24 November 2008, from http://www.elladvocates.org/documents/legislation_litigation/Reyes_Menken_Testimony.pdf.   

 

 

 


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