• by Albert Cortez, Ph.D., and Roy L. Johnson, M.S. • IDRA Newsletter • Nov – December 2008 •Roy L. Johnson, M.A.

Groundwork – Programs Go Required for Serving LEP Students in Texas

The state of Texas was an early pioneer in providing academic instruction to children using their native linguistic communication while simultaneously developing proficiency in English. In 1968, and so State Representative Joe Bernal of San Antonio championed a state law removing a prohibition that was in place at the time and allowing for voluntary local implementation of bilingual programs in Texas schools.

Affecting schools across the country in 1974, the U.Southward. Supreme Court ruled that simply providing the aforementioned all-English language program to limited-English language-proficient (LEP) and to not-LEP students violated federal requirements relating to equal educational opportunity, setting the phase for new approaches in states around the country.

In 1981, in a successful lawsuit brought by the Mexican American Legal Defense and Educational Fund (MALDEF), plaintiffs challenged the land of Texas' efforts to offset the effects of past bigotry confronting Mexican Americans by merely making programs voluntary. Equally a result of that litigation, the country revised the mandate and required school systems to offer bilingual instruction programs in uncomplicated grades, English every bit a 2nd language (ESL) or bilingual programs at postal service-uncomplicated grades through eighth grade, and ESL programs in high school. This revised state law (SB 477) was authored by Land Senator Carlos Truan of Corpus Christi and co-sponsored past State Representative Matt García of San Antonio. The new legislation also prescribed compatible procedures for student identification and placement, established go out criteria for students to be transitioned out of the mandated program, and slightly increased state funding based on numbers of LEP students served. No major changes were incorporated into the program over the ensuing decade.

This summertime, all the same, a federal district court ordered the state to improve its monitoring of programs serving LEP students and to improve LEP programs at the middle and high schoolhouse levels. The ruling points out that loftier schools and middle schools in Texas are losing English language linguistic communication learners at twice the rate of other students. See the article entitled "Texas Educational activity Policy Prospects for 2009" for more than about upcoming policy debates.

In addition, in October, at the almanac Texas Association for Bilingual Pedagogy conference, IDRA's president and CEO, María "Cuca" Robledo Montecel, Ph.D., presented a research-based preliminary framework that provides guidance for design, implementation and evaluation of an effective ELL program (encounter "Presenting IDRA's Framework for Effective Instruction of Secondary English Language Learners").

An Increasing Need in Texas

The number of pupils identified as LEP has increased steadily over the terminal 26 years since the program was mandated in Texas. In 1975, the state of Texas reported a total LEP enrollment of about 25,000 students. The LEP count had grown to more 425,000 students past 1993-94 and to 775,432 pupils in 2007-08. The table in the box beneath reports LEP enrollment in Texas schools from 1993-94 to 2007-08, reflecting a steady increment in that student population over fourth dimension.

Over this recent catamenia, LEP enrollments have constituted an always increasing proportion of the state'southward public schoolhouse population bookkeeping for 11.viii percent of the total number of students in 1993-94 and sixteen.6 percent in 2007-08. Cumulatively, this represents a LEP student increase of 349,492, or a 82.one pct gain in a fourteen-yr span – a growth rate that far exceeds the overall growth in state enrollments in PK-12.

Historical information for the years 1995 through 2008 reveal that LEP pupils in Texas have historically been concentrated at the lower uncomplicated grades, with LEP counts and percentages decreasing notably after tertiary grade. In fact, in 2007-08, 61 per centum of all Texas LEP pupils were enrolled in grades PK-3. LEP enrollments at grades 4 through 6 accounted for 20.3 percent of LEP pupils.

LEP concentrations at the middle and high school levels (7 to 12) accounted for only 18.7 percent of all Texas LEP students in any 1 year. On the other hand, that per centum converts to more 145,000 pupils. This trend is reflected in LEP grade level distributions for 2007-08 summarized in the box below.

This trend of decreasing LEP student counts equally one goes upward the grade levels, documented in the state'southward tracking report of LEP student status over time, occurs in large role because LEP students tend to be transitioned out of bilingual programs after an average of 3 years or less. Immigrant pupils only account for 13 per centum of Texas LEP enrollments in grades PK to 12, reflecting that the result is not 1 limited to recent immigrant students.

Texas ESL Programme Requirements

At the middle school level, bilingual programs or ESL programs may be implemented every bit a local option. In the loftier schoolhouse grades, however, ESL is the required programme. Co-ordinate to Texas Education Agency data, more than than 230,000 LEP pupils in grades PK-12 were served using ESL programs.

Texas is one of a handful of states that requires school districts to implement bilingual or ESL programs for its LEP students, more than commonly referred as "English linguistic communication learners" in many other states around the country. A major cistron bookkeeping for its continuation is that the unproblematic program has been found to be effective both in helping students learn sufficient English language to transition to the all-English language curriculum and considering students served in the program for the nigh part perform at acceptable levels on country academic assessments. The rails tape of the ESL programme required at the secondary level even so has been far less than impressive.

What Is Still Needed

While the program has persisted, few bilingual education advocates would propose that all areas of the program are acceptable. One long-standing issue involves persistent shortages of bilingual education certified teachers. In 2006, the Texas State Lath for Educator Certification (SBEC) reported that, in that year, 867 teachers working in bilingual classes lacked required certification (2007). Assuming an average class load of 20 pupils, this ways that as many every bit 17,300 LEP pupils were served by less than fully qualified staff. This number does not include teachers enrolled in culling certification programs or substitute teachers working with LEP students. Persistent shortages of fully qualified staff have led to the area being classified every bit a critical shortage surface area.

Efforts to increase the bilingual and ESL teacher puddle have ranged from providing federally subsidized stipends to encourage more teacher candidates to enter the field, to local efforts designed to encourage high school graduates to pursue bilingual instruction or ESL certification – also known equally "grow your own programs." A third strategy used in a few states attempts to recruit teachers from other countries that may have the teaching credentials and language skills needed. A caveat in such efforts has been the recognized need to educate non-U.S. trained educators nigh the philosophy and framework under-girding the U.S. educational activity system (that all students have a right to a public education, that differing languages and cultures are valued, that parents play a central, critical role in the education of their children, that schools belong primarily to the communities they serve, etc.), which in some cases are very distinct from countries where public education is primarily directed from the national level.

A second important issue impacting program operations has involved the funding provided to schools to implement the specialized services required for these LEP pupils. While the country program provides supplemental targeted funding for schools serving LEP students, the funding levels have long been recognized as less than what is needed to provide appropriate services (Robledo and Cortez, 2008). The result has been either implementation of programs that are extensively subsidized by local revenue enhancement revenues, or absent those subsidies efforts that are operated at less than optimum, underfunded, levels.

Studies dating back to the 1970 estimate bilingual programme funding needs to be almost 30 percent to 40 pct over those provided to regular programme pupils. Additional research notes that actual add-on costs tin can vary past type of instructional model used, with higher costs associated with strategies that employ extra teachers to provide specialized instruction, in contrast to those programs that employ bilingual or ESL certified teachers in self independent classrooms. Texas currently provides a x percentage improver funding for its bilingual and ESL programs.

A related event involves the extent of inclusion or test accommodation provided to LEP students in country assessment systems and especially those assessments tied into the country and more recently adopted federal school accountability systems. Concerns near the impact of LEP operation on school and commune ratings take led to an increasing push to exempt some LEP pupils from accountability systems or provide for other mechanisms that lessen the effects of LEP performance on schoolhouse and district ratings.

Some other emerging outcome is the potential competition for teaching and financial resources from local enrichment language programs that include non-LEP students and the mandated programs that are essential to ensuring that those students with the most demand accept access to all the resources needed to address ceremonious rights based concerns. The tensions between complying with civil rights and access to didactics requirements for LEP students and all-around non-LEP pupils who merely want to develop skills in a 2d language could be ameliorated if the land profoundly expanded the bilingual instructor pool and provided substantial increases in state funding. Until such time, legal experts would debate that students requiring bilingual programs to simply have admission to comprehensible instruction should get first priority.

LEP Student Enrollment and Total Pupil Enrollment in Texas, 1993-94 to 2007-08

Twelvemonth

LEP Count

Total Texas Public School Enrollment

LEP as Percent of Total Enrollment

1993-94
1994-95
1995-96
1996-97
1997-98
1998-99
1999-00
2000-01
2001-02
2002-03
2003-04
2004-05
2005-06
2006-07
2007-08

425,940
455,224
479,390
514,139
519,793
533,741
555,334
570,453
600,922
630,148
660,308
684,007
711,237
731,304
775,432
3,601,839
three,670,196
3,740,260
three,828,975
3,891,877
3,945,367
3,991,783
four,059,619
4,146,653
4,239,911
4,311,502
iv,383,871
4,505,572
4,576,933
4,671,493

eleven.8
12.4
12.8
13.4
xiii.4
thirteen.5
13.9
14.ane
xiv.five
14.nine
15.3
15.6
15.8
16.0
sixteen.six

Texas LEP Student Grade Level Distribution – 2007-08

Grade Level

LEP Student Identified

Per centum of LEP Total Identified

Cumulative Percentage of LEP Total Identified

EE
PK
K
1
2
iii
iv
5
6
7
eight
9
ten
eleven
12
Total

314
82,521
98,743
104,334
98,242
88,982
68,697
49,509
38,946
31,672
26,037
37,194
22,616
15,433
12,192
775,432

0.04
ten.64
12.73
13.45
12.67
11.48
8.86
6.38
five.02
4.08
3.36
4.80
2.92
1.99
1.57
100.00

0.04
10.68
23.42
36.87
49.54
61.02
69.87
76.26
81.28
85.37
88.72
93.52
96.44
98.43
100.00


Resources

Cárdenas, J.A. Multicultural Instruction: A Generation of Advocacy (Needham Heights, Mass.: Simon and Schuster Custom Publishing, 1995). 483 F2d 791 (9th Cir 1973) 412 The states 938 (1973).

Robledo Montecel, K., & Cortez, A. (in press). "The Cost of Bilingual Educational activity: What We Know and What is Needed," Encyclopedia on Bilingual Didactics (Thousand Oaks, California: Sage Publications).

Texas Education Bureau. Enrollment in Texas Public Schools. Tabular array 10. Enrollment for Instructional Programs and Special Populations, Texas Public Schools 1995-96 through 2005-06 (Austin, Texas: TEA).

Texas Education Agency. Enrollment in Texas Public Schools. Tabular array 2. Statewide Enrollment, Texas Public Schools, 1987-88 through 2005-06 (Austin, Texas: TEA).

Texas Educational activity Agency. Bookish Accomplishment of Uncomplicated Students with Limited English Proficiency. In Texas Public Schools. Report Number 10, January 1998. Office of Policy Planning (Austin, Texas: TEA, 1998).

Memorandum of Opinion, Ceremonious Action 5281. (E.D. Tex. 1971). Motion to Enforce Civil Action 5281. 1981.


Albert Cortez, Ph.D., is director of IDRA Policy. Roy 50. Johnson is director of IDRA Back up Services. Comments and questions may be directed to them via e-mail at  feedback@idra.org.


[©2008, IDRA. This article originally appeared in the November – Dec 2008IDRA Newsletter by the Intercultural Development Research Association.Permission to reproduce this commodity is granted provided the article is reprinted in its entirety and proper credit is given to IDRA and the author.]