Even under Prop. 227, schools must provide adequate services to english learners

California's student population has become richly diverse during the last several decades. Today, more than one in three students in California is not a native English speaker. As a result, our public school system faces wonderful opportunities - as well as enormous challenges - to ensure that these students receive the education they deserve.

In June 1998, the people of California passed Proposition 227, a statutory amendment that substantially altered the manner by which English learners are to be instructed in California's public schools. Now codified as California Education Code, Sections 300-340, and California Code of Regulations, Title 5, sections 11300-11305, Prop. 227 requires that school districts redesign their curriculum so students identified as English learners lacking reasonable fluency in English receive instructional services in a sheltered or 'structured English immersion program.'

All English learners are required to participate in a structured English immersion program for a transition period not normally to exceed one year. The term "structured English immersion" is a new label coined by the initiative's authors. The initiative provides a definition for this new term; however, it does not provide a prescription for rendering this type of instruction within the one-year period. Instead, as Education Code section 305, it allows each school district to interpret and design a one-year curriculum in which to immerse children in English language learning.

Proposition 227 specifically requires that in structured English immersion programs, "nearly all" classroom instruction will be delivered in English (Education Code sections 305, 310 and 313). However, it is up to each district to define "nearly all." The district definition, therefore, determines how much primary language instruction and support will be permitted.

The initiative specifies that the parents or guardians of each English learner can request a waiver for the child to attend an alternative language program other than the mandated one-year structured English immersion program. In order to obtain an annual waiver, the parents or guardians who meet the criteria under Education Code 311(c) must personally visit the school to provide a written request. During the visit, schools must provide them with information regarding the alternative language programs available (using native language or other recognized educational methodologies). Before children can be placed in an alternative program, however, English learners must participate in a Structured English immersion program for at least 30 days (Education Code 310-311 and California Code of Regulations, Title 5, section 11303).

Proposition 227 also states that English learners shall be transferred from a sheltered English immersion classroom to an English-language mainstream classroom when the pupil has acquired a reasonable level of English proficiency (a good working knowledge of English) as measured by any of the state-designed assessments approved by the California Department of Education or by any locally developed assessment (California Code of Regulations, Title 5, section 11301[a]).

Proposition 227 does not exempt school districts from providing adequate services to English learners. On the contrary, districts are expected to continue to provide additional and appropriate educational services from kindergarten through grade 12 to help English learners overcome language barriers (California Code of Regulations, Title 5, Section 11302).

Proposition 227 also establishes that the state shall encourage family members to provide English-language tutoring to English learners. To achieve this goal Prop. 227 requires the state to allocate funds for adult English language instruction under the community-based English tutoring section of the law (Education Code sections 315 and 316 and California Code of regulations, Title 5, Section 11305).

Although Prop. 227 is clear about the one-year structured English immersion requirement, it does not address the issue of how new or existing teachers should be trained in order to offer the new curriculum. Since Prop. 227 is silent with respect to credentialing, it did not amend or repeal any credentialing requirements. The type of authorization required by teachers depends on the type of instruction they provide to English learners, just as it did before Prop. 227. Minimally, a teacher will be required to have a special certificate (LDS, CLAD, SB 1969, SB 395).

Although Prop. 227 has created many challenges, school districts currently offer California's approximately 1.4 million English learners a wide range of programs. With the assistance of their teachers, their parents and the entire education community, English learners in California can reach their language and academic goals.