Return-Path: <nifl-esl@literacy.nifl.gov> Received: from literacy (localhost.nifl.gov [127.0.0.1]) by literacy.nifl.gov (8.8.7/8.8.5) with SMTP id AAA07977; Sat, 8 Nov 1997 00:57:41 -0500 (EST) Date: Sat, 8 Nov 1997 00:57:41 -0500 (EST) Message-Id: <fc.004c56fb00341bc23b9aca0013ee5a54.341bc3@otan.dni.us> Errors-To: lmann@literacy.nifl.gov Reply-To: nifl-esl@literacy.nifl.gov Originator: nifl-esl@literacy.nifl.gov Sender: nifl-esl@literacy.nifl.gov Precedence: bulk From: sgaer@otan.dni.us (Susan Gaer) To: Multiple recipients of list <nifl-esl@literacy.nifl.gov> Subject: [NIFL-ESL:1474] Re: California's English Only Initiative X-Listprocessor-Version: 6.0c -- ListProcessor by Anastasios Kotsikonas Status: RO Content-Length: 12246 Lines: 303 If you are interested in CATESOL stand on the UNZ initiative, please visit our web site at: http://www.catesol.org/unz.html paul168@juno.com,Internet writes: > > As it will appear on the June, 1998 California Ballot > > > The Unz Initiative > by Ron K. Unz and Gloria Matta Tuchman > Text: > > SECTION 1. Chapter 3 (commencing with Section 300) is added to Part 1 >of the Educational > Code, to read: > > CHAPTER 3. ENGLISH LANGUAGE EDUCATION FOR IMMIGRANT CHILDREN > > ARTICLE 1. Findings and Declarations > > 300. The People of California find and declare as follows: > > (a) WHEREAS the English language is the national public language of the >United States of > America and of the state of California, is spoken by the vast majority >of California residents, and > is also the leading world language for science, technology, and >international business, thereby > being the language of economic opportunity; and > > (b) WHEREAS immigrant parents are eager to have their children acquire >a good knowledge of > English, thereby allowing them to fully participate in the American >Dream of economic and social > advancement; and > > (c) WHEREAS the government and the public schools of California have a >moral obligation and > a constitutional duty to provide all of CaliforniaIs children, >regardless of their ethnicity or national > origins, with the skills necessary to become productive members of our >society, and of these > skills, literacy in the English language is among the most important; >and > > (d) WHEREAS the public schools of California currently do a poor job of >educating immigrant > children, wasting financial resources on costly experimental language >programs whose failure > over the past two decades is demonstrated by the current high drop-out >rates and low English > literacy levels of many immigrant children; and > > (e) WHEREAS young immigrant children can easily acquire full fluency in >a new language, such > as English, if they are heavily exposed to that language in the >classroom at an early age. > > (f) THEREFORE it is resolved that: all children in California public >schools shall be taught English > as rapidly and effectively as possible. > > ARTICLE 2. English Language Education > > 305. Subject to the exceptions provided in Article 3 (commencing with >Section 310), all children > in California public schools shall be taught English by being taught in >English. In particular, this > shall require that all children be placed in English language >classrooms. Children who are English > learners shall be educated through sheltered English immersion during a >temporary transition > period not normally intended to exceed one year. Local schools shall be >permitted to place in the > same classroom English learners of different ages but whose degree of >English proficiency is > similar. Local schools shall be encouraged to mix together in the same >classroom English learners > from different native-language groups but with the same degree of >English fluency. Once English > learners have acquired a good working knowledge of English, they shall >be transferred to English > language mainstream classrooms. As much as possible, current >supplemental funding for English > learners shall be maintained, subject to possible modification under >Article 8 (commencing with > Section 335) below. > > 306. The definitions of the terms used in this article and in Article 3 >(commencing with Section > 310) are as follows: > > (a) "English learner" means a child who does not speak English or whose >native language is not > English and who is not currently able to perform ordinary classroom >work in English, also known > as a Limited English Proficiency or LEP child. > > (b) "English language classroom" means a classroom in which the >language of instruction used by > the teaching personnel is overwhelmingly the English language, and in >which such teaching > personnel possess a good knowledge of the English language. > > (c) "English language mainstream classroom" means a classroom in which >the students either are > native English language speakers or already have acquired reasonable >fluency in English. > > (d) "Sheltered English immersion" or "structured English immersion" >means an English language > acquisition process for young children in which nearly all classroom >instruction is in English but > with the curriculum and presentation designed for children who are >learning the language. > > (e) "Bilingual education/native language instruction" means a language >acquisition process for > students in which much or all instruction, textbooks, and teaching >materials are in the childIs > native language. > > ARTICLE 3. Parental Exceptions > > 310. The requirements of Section 305 may be waived with the prior >written informed consent, to > be provided annually, of the childIs parents or legal guardian under >the circumstances specified > below and in Section 311. Such informed consent shall require that said >parents or legal guardian > personally visit the school to apply for the waiver and that they there >be provided a full > description of the educational materials to be used in the different >educational program choices > and all the educational opportunities available to the child. Under >such parental waiver > conditions, children may be transferred to classes where they are >taught English and other > subjects through bilingual education techniques or other generally >recognized educational > methodologies permitted by law. Individual schools in which 20 students >or more of a given > grade level receive a waiver shall be required to offer such a class; >otherwise, they must allow the > students to transfer to a public school in which such a class is >offered. > > 311. The circumstances in which a parental exception waiver may be >granted under Section 310 > are as follows: > > (a) Children who already know English: the child already possesses good >English language skills, > as measured by standardized tests of English vocabulary comprehension, >reading, and writing, in > which the child scores at or above the state average for his grade >level or at or above the 5th > grade average, whichever is lower; or > > (b) Older children: the child is age 10 years or older, and it is the >informed belief of the school > principal and educational staff that an alternate course of educational >study would be better > suited to the childIs rapid acquisition of basic English language >skills; or > > (c) Children with special needs: the child already has been placed for >a period of not less than > thirty days during that school year in an English language classroom >and it is subsequently the > informed belief of the school principal and educational staff that the >child has such special > physical, emotional, psychological, or educational needs that an >alternate course of educational > study would be better suited to the childIs overall educational >development. A written description > of these special needs must be provided and any such decision is to be >made subject to the > examination and approval of the local school superintendent, under >guidelines established by and > subject to the review of the local Board of Education and ultimately >the State Board of > Education. The existence of such special needs shall not compel >issuance of a waiver, and the > parents shall be fully informed of their right to refuse to agree to a >waiver. > > ARTICLE 4. Community-Based English Tutoring > > 315. In furtherance of its constitutional and legal requirement to >offer special language assistance > to children coming from backgrounds of limited English proficiency, the >state shall encourage > family members and others to provide personal English language tutoring >to such children, and > support these efforts by raising the general level of English language >knowledge in the community. > Commencing with the fiscal year in which this initiative is enacted and >for each of the nine fiscal > years following thereafter, a sum of fifty million dollars >($50,000,000) per year is hereby > appropriated from the General Fund for the purpose of providing >additional funding for free or > subsidized programs of adult English language instruction to parents or >other members of the > community who pledge to provide personal English language tutoring to >California school > children with limited English proficiency. > > 316. Programs funded pursuant to this section shall be provided through >schools or community > organizations. Funding for these programs shall be administered by the >Office of the > Superintendent of Public Instruction, and shall be disbursed at the >discretion of the local school > boards, under reasonable guidelines established by, and subject to the >review of, the State Board > of Education. > > ARTICLE 5. Legal Standing and Parental Enforcement > > 320. As detailed in Article 2 (commencing with Section 305) and Article >3 (commencing with > Section 310), all California school children have the right to be >provided with an English language > public education. If a California school child has been denied the >option of an English language > instructional curriculum in public school, the childIs parent or legal >guardian shall have legal > standing to sue for enforcement of the provisions of this statute, and >if successful shall be > awarded normal and customary attorneyIs fees and actual damages, but >not punitive or > consequential damages. Any school board member or other elected >official or public school > teacher or administrator who willfully and repeatedly refuses to >implement the terms of this > statute by providing such an English language educational option at an >available public school to a > California school child may be held personally liable for fees and >actual damages by the childIs > parents or legal guardian. > > ARTICLE 6. Severability > > 325. If any part or parts of this statute are found to be in conflict >with federal law or the United > States or the California State Constitution, the statute shall be >implemented to the maximum > extent that federal law, and the United States and the California State >Constitution permit. Any > provision held invalid shall be severed from the remaining portions of >this statute. > > ARTICLE 7. Operative Date > > 330. This initiative shall become operative for all school terms which >begin more than sixty days > following the date at which it becomes effective. > > ARTICLE 8. Amendment. > > 335. The provisions of this act may be amended by a statute that >becomes effective upon > approval by the electorate or by a statute to further the actIs purpose >passed by a two-thirds > vote of each house of the Legislature and signed by the Governor. > > ARTICLE 9. Interpretation > > 340. Under circumstances in which portions of this statute are >subject to conflicting > interpretations, Section 300 shall be assumed to contain the >governing intent of the statute. > > > > > >--- Internet Message Header Follows --- >Received: from literacy.nifl.gov (192.188.111.2) > by otan.dni.us (FirstClass Mail Server v1.0) > transient id 462; 9:26:35 PM -0800 >Received: from literacy (localhost.nifl.gov [127.0.0.1]) > by literacy.nifl.gov (8.8.7/8.8.5) with SMTP id XAA06825; > Fri, 7 Nov 1997 23:17:27 -0500 (EST) >Date: Fri, 7 Nov 1997 23:17:27 -0500 (EST) >Message-Id: <19971107.201613.8031.0.paul168@juno.com> >Errors-To: lmann@literacy.nifl.gov >Reply-To: nifl-esl@literacy.nifl.gov >Originator: nifl-esl@literacy.nifl.gov >Sender: nifl-esl@literacy.nifl.gov >Precedence: bulk >From: paul168@juno.com (Grupo Primavera) >To: Multiple recipients of list <nifl-esl@literacy.nifl.gov> >Subject: [NIFL-ESL:1472] California's English Only Initiative >X-Listprocessor-Version: 6.0c -- ListProcessor by Anastasios Kotsikonas >X-Mailer: Juno 1.38
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