The English Language Acquisition, Language Enhancement, and Academic Achievement Act - formerly known as the

Bilingual Education Act The Bilingual Education Act (BEA), also known as the Title VII of the Elementary and Secondary Education Amendments of 1967, was the first United States federal legislation that recognized the needs of limited English speaking ability (LESA) s ...

- is a federal grant program described in Title III Part A of the federal

Elementary and Secondary Education Act The Elementary and Secondary Education Act (ESEA) was passed by the 89th United States Congress and signed into law by President Lyndon B. Johnson on April 11, 1965. Part of Johnson's "War on Poverty", the act has been one of the most far-re ...

(ESEA), which was reauthorized as the

No Child Left Behind Act The No Child Left Behind Act of 2001 (NCLB) was a U.S. Act of Congress that reauthorized the Elementary and Secondary Education Act; it included Title I provisions applying to disadvantaged students. It supported standards-based education ...

in 2002 and again as the

Every Student Succeeds Act The Every Student Succeeds Act (ESSA) is a US law passed in December 2015 that governs the United States K–12 public education policy. The law replaced its predecessor, the No Child Left Behind Act (NCLB), and modified but did not eliminate pr ...

in 2015. This section is specifically targeted to benefit

Limited English Proficient English as a second or foreign language is the use of English by speakers with different native languages. Language education for people learning English may be known as English as a second language (ESL), English as a foreign language (EF ...

(LEP) children and immigrant youth. The statute states that LEP students must not only attain English proficiency but simultaneously meet the same academic standards as their English-speaking peers in all content areas. Federal funding is provided to assist State Education Agencies (SEAs) and Local Education Agencies (LEAs) in meeting these requirements. In 2011, ESEA Title III awards were granted to 56 SEAs (including states, districts, and territories) and the average award given to an individual SEA was $12,158,046.

Overview

SEAs and LEAs are expected to use ESEA Title III funding to create or further develop language instruction courses that help LEP students meet academic standards. The LEAs and SEAs who receive ESEA Title III funding are responsible for the yearly progress of their students with respect to development of language proficiency as well as meeting their grade-level academic standards. LEP students are measured against annual development objectives in order to receive funding. SEAs and LEAs are held accountable for the progress of LEP and immigrant students through annual measurable achievement outcomes (AMAOs): the number of LEP students making sufficient progress in English acquisition, attaining English proficiency, and meeting

Adequate Yearly Progress Adequate Yearly Progress (AYP) is a measurement defined by the United States federal No Child Left Behind Act that allows the U.S. Department of Education to determine how every public school and school district in the country is performing ac ...

(AYP) Funding is typically used towards language instruction programs; however, funding may be used for a variety of purposes, including alternative bilingual education programs and professional development for teachers. Funding is also allocated for teaching English to the parents and communities of LEP children. The amount of funding each state receives is determined by formula derived from the number of LEP and immigrant students in that state. The number of LEP students in each state is determined using information provided by the US census as well as yearly state-issued surveys. The grant is divided into subgrants made available to LEAs within the state. In order for an LEA within a given state to receive ESEA Title III funding, it must reapply each school year, providing data with respect to the size and progress of the LEP population. While the main purpose of ESEA Title III regulations and funding are to ensure language proficiency and on grade-level academic performance of LEP students, there are also regulations regarding parent communication. Any LEA that receives ESEA Title III funding is obligated to inform families and communities of LEP and immigrant children about their

ESL English as a second or foreign language is the use of English by speakers with different native languages. Language education for people learning English may be known as English as a second language (ESL), English as a foreign language (EFL ...

programming and how they can assist in their child’s progress. In addition, all schools (whether or not they receive federal funding) are required to provide appropriate communication with all parents and guardians regardless of their native language and the percentage of non-English parents are a part of the school community. ESEA Title III funds are available to public schools, including charter schools. Private schools are not eligible for these federal funds; however, LEP students who attend private school may still enroll in federally funded English classes at their local public school.

Historical context

The discussion of equal educational opportunity for LEP students was first made public in the late 1960s with many other civil rights issues. In 1970, the federal Office for Civil Rights issued a memorandum which stated that school districts must take affirmative action to ensure that the native language of minority students did not inhibit their participation in the educational system. In 1974, the Supreme Court’s decision in

Lau v. Nichols ''Lau v. Nichols'', 414 U.S. 563 (1974), was a United States Supreme Court case in which the Court unanimously decided that the lack of supplemental language instruction in public school for students with limited English proficiency violated the ...

affirmed the notion. In their decision, the court argued that providing the same resources to LEP students as their English-speaking peers was denying them of obtaining an appropriate education. In direct response to the

decision, congress passed the

Equal Educational Opportunity Act The Equal Educational Opportunities Act (EEOA) of 1974 is a federal law of the United States of America. It prohibits discrimination against faculty, staff, and students, including racial segregation of students, and requires school districts ...

, which not only mandated equal rights for LEP students, but also stated that a failure to provide adequate resources for overcoming language differences was considered a denial of equal education. The issue of

educational equity Educational equity, also known as equity in education, is a measure of achievement, fairness, and opportunity in education. The study of education equity is often linked with the study of excellence and equity. Educational equity depends on two ...

resurfaced in the mid-1990s, when many cities and states across the nation experienced a large influx of immigrants. Between 1995 and 2005, the number of immigrant children in grades K-12 rose more than 57%. Since this time, the

demographics of the United States The United States had an official estimated resident population of 333,287,557 on July 1, 2022, according to the U.S. Census Bureau. This figure includes the 50 states and the District of Columbia but excludes the population of five unincorpor ...

have been changing radically, particularly with respect to Hispanic individuals. In 1980, there were 14.6 million Hispanics in the United States, which accounted for about 6% of the population. By 2000, the population had grown to 35.3 million, or 12.5% of the population. It is now estimated that the Hispanic population will exceed one-third of the national population by 2050. The United States also experienced exponential growth of the LEP student population beginning in the mid-1990s. Between 1998 and 2008, LEP students rose from 2.03% to 53.25% of the total number of students enrolled in public schools. In the 2008–2009 school year, there were 5,346,673 identified LEP students, which is over 10% of total enrollment in public schools in the United States. The states with the highest LEP populations in 2008–2009 were: California, Texas, Florida, New York, and Illinois. Despite the influx of immigrants into the country, the majority of LEP students in the United States are native born. The two opposing schools of thought with regards to educational equity in the second half of the 20th century were differentiation and universalism. The legislation that arose from the

Civil Rights Movement The civil rights movement was a nonviolent social and political movement and campaign from 1954 to 1968 in the United States to abolish legalized institutional Racial segregation in the United States, racial segregation, Racial discrimination ...

and cases such as

argued that in order to create equal educational opportunity, students should be treated differently based on their individual needs. As a result, differentiated instruction shaped educational policy in that era. However, in the late 20th and early 21st centuries, criticism began to surface, claiming that differentiated instruction was failing because it was furthering cultural and linguistic differences between subgroups of students. After the publication of

A Nation at Risk ''A Nation at Risk: The Imperative for Educational Reform'' is the 1983 report of the United States National Commission on Excellence in Education. Its publication is considered a landmark event in modern American educational history. Among oth ...

in 1983, educational policy began to shift towards standards-based reform. Standards-based education reform is designed to promote equity through universalism, unifying education nationwide through high academic standards that must be met by all students. As this paradigm shift began to work its way into national policies such as Goals 2000 and the 1994 re-authorization of the

(ESEA), the focus became more on lofty and rigorous educational outcomes rather than vocational or alternative education methods (such as bilingual education) that had been popular in previous decades. Just as federal policies began to reflect these pedagogical changes, states also began to implement changes to reflect the same values. In 1998, California passed an initiative that almost all classroom instruction should be in English. These changes were due mainly in response to federal English-only standardized testing. The effects of such a drastic policy change were felt statewide due to the high LEP population. The increased focus on curriculum, instruction, and standardized assessments also shaped the changes in policy reflected in the

of 2001.

Changes in policy

The English Language Acquisition, Language Enhancement, and Academic Achievement Act is a part of the

of 2001 and acted as a replacement for the

of 1968, which expired in 2002 The focus of NCLB was for eligible academic institutions to become self-sufficient and expand their capacity to serve low-income students by providing funds to improve and strengthen the academic quality, institutional management, and fiscal stability of eligible institutions. The

of 1968, which was Title VII of the Elementary and Secondary Education Act, presented the challenges of non-English speaking students and promoted bilingual education as an appropriate and effective way to serve LEP students. Its main purpose was to promote the development of innovative

education by offering competitive grants for SEAs. It was written at the height of the civil rights movement and reflected the nation’s changing attitudes towards diversity and equality. The BEA went through many revisions throughout its lifespan. The first set of clarifications was added in 1974, as a response to

and the

. The changes to the BEA throughout the latter half of the 20th century mainly involved: expanding and restructuring the grant program, increasing professional development, and expanding the definitions of bilingual programming and LEP. These changes were shaped mainly by studies of bilingual education in Canada, as little research was conducted on the effects of bilingual education in the United States. In 2001, ESEA was reauthorized as NCLB, and the BEA was replaced by Title III Part A.

English as a Second Language English as a second or foreign language is the use of English by speakers with different native languages. Language education for people learning English may be known as English as a second language (ESL), English as a foreign language (EF ...

education pedagogy comprises two main ideologies: bilingual education or English-only education. The U.S. Department of Education’s Office for Civil Rights has set general guidelines that states must follow, but does not specify a preference of methodology. Since federal regulation does not specify the type of programming a SEA or LEA must adapt, approaches to

change with larger trends in educational policy. When the

was adopted in 1968, it emphasized alternative language acquisition methodology and bilingual education as the primary method to serve LEP students. However, through Title III Part A of NCLB in 2001, the focus shifted towards standards-based assessments; as a result, so did the policy regarding

education. There are several differences between the BEA and Title III Part A. Some of these differences include the emphasis on LEP students meeting content-based academic standards and concrete methods of assessment and accountability through AMAOs. The largest difference between Title III and the BEA is the change in pedagogy towards

education. Whereas the BEA encouraged bilingual and alternative language learning, Title III emphasizes the importance of English-language instruction and proficiency as soon as possible. Once students obtain proficiency in accordance with the standardized test provided, they no longer receive

support or services, and are no longer tested on their English-language proficiency. While supporters of Title III argue that it provides a more rigorous and highly structured approach to monitoring academic and linguistic gains of LEP students, opponents argue that the assessments are not conducive to accurately representing the students’ progress.

State-based interpretation and implementation

SEAs are responsible for determining the logistics of grant allocation and AMAO criterion. This creates a state-to-state inconsistency with fund distribution and program evaluation. For example, in California, funds are allocated to individual LEAs based on the number of LEP and immigrant students under their jurisdiction on a per-pupil basis. LEAs are responsible for submitting a budget as well as expenditure reports detailing the programming and resources that are purchased with the subgrant. In Texas, the formula is also based on a per-pupil formula; however, there is also a minimum amount that each LEA is allowed to receive. In addition, there are separate portions of the funds set aside for areas that experience the most significant increases in LEP. Texas also recognizes several different language-acquisition programs as valid recipients of ESEA Title III funding, including: transitional bilingual, dual language immersion, content-based

instruction, and pull-out

instruction. These types of programming are more consistent with the regulations of the

(1968), the policy from which the English Language Acquisition, Language Enhancement, and Academic Achievement Act (2001) was generated.

References

{{reflist, refs= {{cite web, url=http://www.cde.ca.gov/sp/el/t3/title3faq.asp , title=Title III FAQs – Title III (CA Dept of Education) , publisher=Cde.ca.gov , access-date=2018-04-09 Fairbairn, Shelley B., and Janna Fox. "Inclusive Achievement Testing for Linguistically and Culturally Diverse Test Takers: Essential Considerations for Test Developers and Decision Makers." Educational Measurement: Issues and Practice 28.1 (2009): 10,10-24. ERIC. Web. 22 Oct. 2011. Gandara, Patricia, and Gabriel Baca. "NCLB and California's English Language Learners: The Perfect Storm." Language Policy 7.3 (2008): 201,201-216. ERIC. Web. 22 Oct. 2011. Hakuta, Kenji. "Educating Language Minority Students and Affirming their Equal Rights: Research and Practical Perspectives." Educational Researcher 40.4 (2011): 163,163-174. ERIC. Web. 22 Oct. 2011. Reeves, Jenelle. "'Like Everybody Else': Equalizing Educational Opportunity for English Language Learners." TESOL Quarterly: A Journal for Teachers of English to Speakers of Other Languages and of Standard English as a Second Dialect 38.1 (2004): 43,43-66. ERIC. Web. 22 Oct. 2011. http://www.ncela.gwu.edu {{webarchive, url=https://web.archive.org/web/20131113145910/http://www.ncela.gwu.edu/ , date=2013-11-13 {{cite web , url=http://www.tea.state.tx.us/index2.aspx?id=2147486853&menu_id=798&menu_id2=2147483722 , title=Texas Education Agency - Title III, Part A – English Language Acquisition, Language Enhancement, and Academic Achievement Act , access-date=2011-10-23 , url-status=dead , archive-url=https://web.archive.org/web/20111026205421/http://www.tea.state.tx.us/index2.aspx?id=2147486853&menu_id=798&menu_id2=2147483722 , archive-date=2011-10-26 {{cite web , url=https://www.census.gov/population/www/socdemo/hispanic/hispanic_pop_presentation.html , title=Hispanic Population of the United States , access-date=2011-05-25 , url-status=dead , archive-url=https://web.archive.org/web/20110103134419/http://www.census.gov/population/www/socdemo/hispanic/hispanic_pop_presentation.html , archive-date=2011-01-03 United States federal education legislation