First, I want to speak for the 64,000 NJ Limited English Proficiency children who remind me of my mother; a 14-year old immigrant who because of her limited English proficiency was placed into a second grade classroom in Jersey City in 1968 when she arrived in this country; a teenage girl whose parents were generous, loving, and kind but far too fearful of the big American school system to ever question its authority. The school system did not welcome them with a translator or tour of their monolithic buildings. The school system did not treat my grandparents as part of the team. They didn’t show much respect for non-English speaking, poor agricultural workers and seamstresses.

–Michelle McFadden DiNicolain testimony to the New Jersey Study Commission on the Use of Student Assessments

Unfortunately for Michelle’s mother, the New Jersey (NJ) Bilingual Education Act was not passed until 1975. However, thousands of stories like hers were the impetus for the NJ Legislature to act and approve this law to protect the rights of those we now call English learners (ELs). It is highly unlikely that in this day and age, a 14-year-old would be placed in a second-grade classroom, but, sadly, some of the other elements in her story still exist, 40 years later, in too many places in NJ: parents too fearful of the American school system; a less-than-welcoming atmosphere; a system that expects ELs who have just arrived in the United States to sit for academically rigorous assessments in English; and, more often than not, a system that lacks respect for immigrant children and parents, and that views parents as part of the problem rather than as members of the team.

Many educators may be surprised to learn that a NJ Bilingual Education Law even exists and that regulations are in NJ Administrative Code, which defines the roles and responsibilities of districts in the appropriate education of ELs.

•  Did you know that parents must complete a home language survey upon registration?
• Did you know that students who speak another language at home should be screened to determine eligibility for English language development services?
• Did you know that daily ESL services are required?
• Did you know that entry and exit criteria are established?
• Did you know that ELs can also receive special education services?
• Did you know that districts should meaningfully engage parents?

These are just a few of the 16 sections addressed in NJ Administrative Code 6A: Chapter 15.

In actuality, the Bilingual Education Act was based on the landmark Supreme Court decision, Lau v Nichol, which stated that, “there is no equality of treatment merely by providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education.” How ironic that 40 years later, due to the Common Core State Standards (CCSS) and Partnership for Assessment of Readiness for College and Careers (PARCC) assessments, we are again using the “same textbooks, teachers, and curriculum.” In so doing, ELs are being “foreclosed from any meaningful education.” Unfortunately, due to the recent reforms, the needs of these children are being overlooked and ignored. In some instances, districts have returned to the days of pre-Lau, by requiring that teachers only use grade-level text. At the same time, some ESL teachers are “pushing in” and becoming aides in the classroom rather than helping students develop the language needed to access the Common Core State Standards. Consequently, it is critical that all NJ stakeholders recognize the tenets of the Lau decision and subsequent legislation, and implement the regulations so that ELs receive an appropriate education.

Demographic facts stress the importance that all teachers need to be informed not only of the regulations but also of the best practices that lead to student success.

• Approximately 80% of districts in NJ provide services for ELs.
• More than 165 languages are spoken by 23% of children in NJ schools. These children are identified as language minority students. Spanish is spoken by 67% of those children.
• Of those 200,000+ language minority students, 63,000+ are identified as ELs.

So chances are that if you teach in NJ, you will have or have encountered ELs and language minority students.

Even though there is a Bilingual Code, it does not address every concern that arises (e.g., assessment), and it is not always implemented consistently across the state. As a matter of fact, there has been minimal guidance or oversight on implementing the CCSS for ELs. Every district approaches the needs of these students in different ways. Some provide minimal services and expect the ESL teacher—who often travels to three schools and teaches across five grade levels—to work miracles, while other districts go beyond minimal services and provide additional language support and ongoing, sustained professional development for all staff. Several districts have full-time bilingual programs, and a growing number of districts are implementing dual language programs, which value bilingualism for all.

Parents of our ELs trust us, the educators, to do the right thing for their children. They, like Michelle’s grandparents, feel overwhelmed by the American school system and would never think to question our authority. Regrettably, current policies and practices seem to defy the Lau decision and ignore our own state law. In light of this situation, NJ Teachers of English to Speakers of Other Languages/NJ Bilingual Educators (NJTESOL/NJBE) has developed a position paper, “Position Statement on Protecting the Rights of English Language Learners,” (PDF) that offers seven recommendations to remedy this lack of protection of ELs’ rights and hopes to rectify the situation by promoting best practices. The first two recommendations address assessment, accountability, and graduation requirements. Most important, NJTESOL/NJBE strongly advocates for appropriate assessments and valid accountability measures. At the very least, the NJ Department of Education (NJDOE) must adopt regulations that are aligned with federal guidelines. Students in Grades 3–10 who have just arrived in the United States should be exempt from the state assessments for 1 year. In addition, students should be assessed in the language of instruction if enrolled in a bilingual or dual language program. NJTESOL/NJBE recommends that the NJDOE and NJ legislators further protect the rights of ELs by adopting legislation that considers English language proficiency levels when creating cut scores. NJ should follow Florida’s lead in requesting that ELs’ scores not be included in the accountability measures for 2 years.

The second major concern is the implementation of rigorous yet realistic high school graduation requirements whereby the second language acquisition process and first language alternative assessments are considered. In the past, N.J.A.C. 6A:8-5.1(f).1 allowed that

All ELLs shall satisfy the requirements for high school graduation, except ELLs may demonstrate they have attained State minimum levels of proficiency through: i. Passage of the AHSA process in their native language, when available, and passage of a Department-approved English fluency assessment; or ii. Passage of the AHSA process in English with appropriate accommodations.

Under the current guidelines due to PARCC, this option has not been eliminated. NJTESOL/NJBE supports the efforts of the Education Law Center to address this omission in the current requirements. In addition, some ELs need more than 4 years to meet graduation requirements. In recent years, districts have experienced a rise in students with interrupted formal education. These students definitely need additional time and targeted services. Therefore, NJTESOL/NJBE is requesting flexibility from the NJDOE and the U.S. Department of Education. Districts should not be penalized for graduating ELs in 5 years.

The following recommendations address the concern that the Code is implemented inconsistently across the state. Therefore, NJTESOL/NJBE requests that the NJDOE closely monitor districts on the enactment of the ensuing code provisions: Ensure that ELs receive effective instruction from certified specialists and ensure that all teachers receive support on methods and strategies to effectively instruct ELs (N.J.A.C. 6A:15-1.8 -1.9); provide ELs with appropriate instructional activities that reflect the reality that these children are developing a second language, which is a “complex and long term process” as defined by the World-class Instructional Design and Assessment (WIDA) Consortium’s Guiding Principle #9, (2014; N.J.A.C.6A:15-1.4); and meaningfully engage parents of ELs in the development and review of program objectives (N.J.A.C. 6A:15-1.15).

Lastly, NJTESOL/NJBE urges the NJ State Legislature to be proactive and recognize our students who are bilingual and biliterate and adopt the Seal of Biliteracy. Ten other states are already bestowing this seal on the diplomas of proficient students. A Seal of Biliteracy certificate is currently being awarded to NJ students who demonstrate proficiency in English and another language through a joint grass-roots initiative by two professional organizations: NJTESOL/NJBE and Foreign Language Educators of NJ. We urge our legislators to grant this seal on the official diploma to acknowledge that students are career and college ready for the global 21st century.

It is time to review current rules and regulations based on the history of the Bilingual Education Act so that we can appropriately inform the future for this vulnerable population. As Jana Echevarria (2014), a noted scholar in sheltered instruction, states, “English learners can least afford to waste time and opportunity in school”. We must ensure that we do not leave any child behind, that every child succeeds, that we do not inadvertently “push out” the children who most want to learn and to become a part of the American Dream. NJTESOL/NJBE invites all stakeholders at every level to celebrate our history and to be a part of informing the future of ELs by committing to advocacy and implementing best practices as outlined in the organization’s position paper. Michelle’s grandparents and mother struggled and persevered so that their grandchild and daughter could succeed. Let’s hope that, as a state, NJ has learned something since 1968 and that we have the laws and the will to welcome and educate our newest Americans.

So if you are a bilingual, ESL, or general education teacher who cares about this special population, there are several things you can do:

• Join NJTESOL/NJBE, TESOL and/or NABE and become an even stronger advocate.
• Become familiar with the bilingual code and with the recent Department of Justice guidance, and share this information with your building and district administrators.
• Ensure that your school and district are following the law when providing services for ELs.
• Write your legislators about the issues that impact these children.
• Write your representatives at your state and federal Departments of Education about the rules and regulations that hurt this vulnerable group and urge them to design appropriate guidelines.
• Provide testimony (as Michelle did) to all groups that host hearings (State Board of Education, legislators, study commissions).

As we always say in NJTESOL/NJBE, if we don’t speak up for this defenseless group of children, who will? Please add you voices and join our cause!

References

New Jersey Bilingual Education Code 6A: 15. (first enacted 1975 revised 2015). http://www.state.nj.us/education/code/current/title6a/chap15.pdf

Lau v. Nichols, 414 U.S. 563 (1974).

New Jersey Department of Education, Bilingual Office http://www.state.nj.us/education/bilingual/policy/

WIDA Guiding Principles https://www.wida.us/searchResults.aspx?q=guiding%20principles

Echevarria, J. (2014) Making content comprehensible video for SIOP series.

As the Socio-political Concerns representative for NJTESOL/NJBE, Elizabeth Franks is a passionate advocate for ELs. She is also the co-founder and consultant at Language & Literacy Associates for Multilingual and Multicultural Education and a retired bilingual/ESL teacher and administrator.