from the
California Association for Bilingual Education
Implementation of Proposition 227
What you should know.
What do the results of the
elections tell
us?
- Proposition 227 was voted into
law by
an electorate with no
stake in the results. The majority of
California
voters have no
children in schools, and/or have no
knowledge
of language
education. The communities directly
affected
by the proposition
overwhelmingly voted against 227.
- The Latino vote was
approximately 2 to
1 against proposition
227 (63% opposed the proposition) and
in
communities with large
immigrant populations this margin
increased
to almost 3 to 1.
- Proposition 227 caused a large
voter turnout
in the Latino
community (they formed 12% of the
electorate
in comparison to
6% in the primary elections of 1994)
- In LA Times poling results
released June
4th, the majority of
Latinos stated that they saw the
intention
of Proposition 227 as
fundamentally discriminatory.
- Many Latinos regarded
Proposition 227
as the 3rd blow against
their community by politicians
seeking
a scapegoat for California's
problems
Legal Action
- A lawsuit has been filed with
Federal
Court.
- Plaintiffs in this case include
The California
Latino Civil Rights
Network, Chinese for Affirmative
Action,
Mujeres Unidas y Activas,
Parents for Unity, the National
Council
of La Raza, the Southern
Christian Leadership Conference, and
various
parents with
children attending California Public
Schools.
- The Defendants include Governor
Pete Wilson,
The California
State Board of Education, and the
California
Superintendent of
Public Schools.
- The legal entities representing
the plaintiffs
in this case include
the Mexican American Legal Defense
and
Education Fund
(MALDEF), Multicultural Education,
Training
and Advocacy (META),
the American Civil Liberties Union
(ACLU),
the Mexican-American
Center, the Asian Law Caucus, the
Asian
Pacific American Legal
Center, and the Employment Law Center.
- The suit attempted to obtain a
preliminary
injunction to prevent
implementation of 227, but the
injunction
was denied by Judge
Legge. The lawsuit continues.
- The basis for litigation against
Proposition
227 is that it violates
the Equal Education Opportunity Act
(EEOA)
of 1974, the Equal
Protection clause of the 14th
Amendment,
and Title VI of the Civil
Rights Act of 1964.
- The major arguments in this case
are:
1) The one-year "Sheltered English
Immersion"
program instated
by Proposition 227 has no legal or
educational
standing, and
forces Limited English Proficient in
the
state of California to
participate in an educational
experiment
for which there exist no
materials or curriculum.
2) The program of Proposition 227
does not
provide for any more
than "a good working knowledge of
English"
denying LEP students
access to curriculum offered to
native
English speakers.
3) Students finishing their one
year of
"Sheltered English
Immersion" will be placed in
mainstream
English-Only classrooms
before they speak enough academic
English
to be able to
participate equally with their
English-speaking
peers, and at the
same time will have missed a year of
the
core curriculum studied
by these peers.
4) Because it is an initiative
statute,
educational practices
implemented by Proposition 227 would
be
almost impossible to
change even if they prove ineffective
or
new educational practices
are developed.
In summary, proposition 227 fails
to provide
educational
opportunity to the approximately 1.4
million
Limited English
Proficient students in the state of
California.
Alert!
It is important to know that
Proposition
227 takes effect 60 days
after the date of the election (June
2,
1998). This means:
- There should be absolutely no
changes
to current programs or
curriculum until after the 60 days.
- Students who began their school
year before
the 60 days
elapsed (August 2, 1998) should have
had
no changes in their
current bilingual programs until
after
their first school term.
- Parents should inform themselves
of their
rights under the terms
of the proposition to request waivers.
- Parents should be informed of
the different
options, including a
written description of the program
offered
by their school and the
materials to be used.
- Parents must be aware of what
portions
of the law remain in
effect, such as DBAC's and BAC's.
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