Austin American-Statesman
February 10, 2006

Latino Groups Target Texas Bilingual Policies
Federal Lawsuit Accuses State Agency of Letting Some Students Slip Through the Cracks

By WHITNEY L. BECKER

The Mexican American Legal Defense and Educational Fund and Multicultural Education Training and Advocacy Inc., filed a federal motion against the state Thursday accusing the Texas Education Agency of failing to adequately enforce Texas' bilingual education laws.

If successful, the motion would require the agency to take into account the passing rates of students with limited English proficiency on standardized tests when rating districts and considering districts for review.

"The state chose bilingual education because all other options had failed," said David Hinojosa, a MALDEF spokesman. "But without accountability, we are not giving our students or the program a chance to succeed."

Officials with Texas attorney general's office said Thursday afternoon that they had not yet reviewed the motion and declined to comment.

Texas now counts such students under their ethnic groups, but doesn't have a separate category for students with limited English. Schools can still get an "acceptable" rating with significant numbers of students with limited English failing the Texas Assessment of Knowledge and Skills, Hinojosa said.

In the 2004-05 school year, 61 percent of Texas' fifth-graders with limited English passed the reading portion of the TAKS. The state average was 86 percent.

Filed in the U.S. Eastern District Court of Texas on behalf of the American GI Forum and the League of United Latin American Citizens, the lawsuit also states the education agency does not ensure that districts report the correct number of limited English proficiency students.

Texas districts are required to provide bilingual education if more than 20 students of the same native language have limited English proficiency. The state counted 684,007 students with limited English in 2004-05, about 16 percent of all students in Texas. About 92 percent of those students were in bilingual education or English as a second language programs.

"Districts only get flagged for review if (limited English proficiency) students fall more than 10 percent below the state standard for that exam," Hinojosa said. "If they are 9 percent below, the district will not be looked at."

In 2004-05, 180 districts were flagged for improvement, but just two turned in mandatory corrective action plans, he said.

The motion was timed to follow the State Board of Education's discussion of English-immersion programs at its meeting Thursday. In immer- sion programs, students receive most of their academic instruction in English.

The board cannot change the state's bilingual education law but held the discussion to learn about the issue, board Chairwoman Geraldine Miller said.

"Instead of spending time looking at all of the different theories, we should be focusing on the one that we know will address our education issue," said Roger Rocha, LULAC's Texas director.

The motion comes after the 1971 U.S. ruling that required the state to implement bilingual programs for all limited English proficiency students.

wbecker@statesman.com; 445-1774

Texas' bilingual education model

•Students are taught in their native languages while they learn English.

•Most programs end in the fifth grade when students should be fluent in both their native language and English. English as a second language instruction is available in higher grade levels.

•Bilingual education can be taught one-way, with limited English proficiency students alone, or two-way, with both native and non-native English speakers in the same class.