U.S. Commission on Civil Rights

OPENING STATEMENT BY CHAIRPERSON MARY FRANCES BERRY

News Conference on Release of Report

"Equal Educational Opportunity and Nondiscrimination for Students with Limited English Proficiency:
Federal Enforcement of Title VI and Lau v. Nichols"

January 21, 1998

GOOD MORNING, LADIES AND GENTLEMEN. THANK YOU FOR YOUR INTEREST IN OUR STUDY ON EQUAL EDUCATIONAL OPPORTUNITY AND NONDISCRIMINATION FOR STUDENTS WITH LIMITED ENGLISH PROFICIENCY IN THE NATION'S PUBLIC SCHOOLS. BEFORE I OPEN THE FLOOR FOR QUESTIONS, I WOULD LIKE TO MAKE A FEW REMARKS.

AS YOU MAY KNOW, TITLE VI OF THE 1964 CIVIL RIGHTS ACT BARS DISCRIMINATION BASED ON RACE, COLOR OR NATIONAL ORIGIN IN ALL FEDERALLY ASSISTED PROGRAMS. AND IN 1974 THE U.S. SUPREME COURT IN ITS LAU V. NICHOLS DECISION RULED THAT TITLE VI REQUIRED THAT STUDENTS WHO DO NOT UNDERSTAND ENGLISH MUST BE PROVIDED THE OPPORTUNITY FOR MEANINGFUL EDUCATION. BASED ON DATA COLLECTED BY THE DEPARTMENT OF EDUCATION'S OFFICE OF BILINGUAL EDUCATION AND MINORITY LANGUAGES AFFAIRS IN THE 1994-1995 SCHOOL YEAR, THE NATION'S ELEMENTARY AND SECONDARY SCHOOLS ENROLLED APPROXIMATELY 3.2 MILLION STUDENTS FROM LANGUAGE MINORITY BACKGROUNDS WHO HAD LIMITED ENGLISH PROFICIENCY, UP FROM 3.0 MILLION STUDENTS IN THE PREVIOUS YEAR. OVERALL, FROM 1990-1991, WHEN THE NATION ENROLLED 2.2 MILLION STUDENTS WITH LIMITED ENGLISH PROFICIENCY, TO 1994-1995, THE LIMITED ENGLISH PROFICENT POPULATION IN THE NATION'S SCHOOLS GREW BY 45 PERCENT.

THIS 232 PAGE REPORT, FOCUSES ON THE EFFORTS BY THE U.S. DEPARTMENT OF EDUCATION AND ITS OFFICE FOR CIVIL RIGHTS TO ENFORCE TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND LAU V. NICHOLS.

THE REPORT, THE THIRD IN OUR "EQUAL EDUCATIONAL OPPORTUNITY PROJECT SERIES," IS THE PRODUCT OF A MULTIYEAR STUDY CARRIED OUT BY THE COMMISSION'S OFFICE FOR CIVIL RIGHTS EVALUATION. THE FIRST UNDERTOOK A BROAD EXAMINATION OF CIVIL RIGHTS ENFORCEMENT BY THE EDUCATION DEPARTMENT AND ITS OFFICE FOR CIVIL RIGHTS. THE SECOND DEALT WITH ENFORCEMENT EFFORTS IN PROGRAMS FOR STUDENTS WITH MENTAL RETARDATION, LEARNING DISABILITIES, BEHAVIORAL DISABILITIES, AND SERIOUS EMOTIONAL DISTURBANCES. (BOTH EARLIER REPORTS ARE AVAILABLE FROM THE COMMISSION.)

THE NEW REPORT DOES FIND THAT THE EDUCATION DEPARTMENT IS PERFORMING WELL IN ASSURING EQUAL EDUCATIONAL OPPORTUNITY AND NONDISCRIMINATION FOR STUDENTS WITH LIMITED ENGLISH PROFICIENCY. HOWEVER, THERE IS STILL MORE TO BE DONE. THE REPORT DISCUSSES THE CURRENT DEBATE OVER BILINGUAL EDUCATION AND PROBLEMS OF DEFINING ENGLISH PROFICIENCY AND THE AFFECTED POPULATIONS. THE REPORT CONCLUDES THAT INNOVATIVE STEPS TO ENHANCE ENFORCEMENT OF FEDERAL LAWS ARE NEEDED. FOR EXAMPLE, SCHOOLS SHOULD CREATE EDUCATION PROGRAMS TO ADDRESS THE UNIQUE AND OFTEN COMPLEX PROBLEMS FACING STUDENTS WHO HAVE NEVER HEARD OR USED ENGLISH. TOO OFTEN, THESE STUDENTS ARE LEFT IN REGULAR CLASSROOMS WITH NO ENGLISH ASSISTANCE OR REMOVED FROM THE REGULAR CLASSROOM FOR EXTENDED PERIODS OF TIME.

AS THE NUMBER OF STUDENTS WHO ENCOUNTER DIFFICULTY COMMUNICATING IN ENGLISH HAS RISEN OVER RECENT YEARS, THE PROVIDING OF EQUAL EDUCATIONAL OPPORTUNITY TO THOSE STUDENTS HAS BECOME A MORE URGENT CIVIL RIGHTS ISSUE. BASED ON THE IMMIGRATION OUTLOOK, WE CAN EXPECT A CONTINUED INCREASE IN YOUTH WHO WILL NEED HELP IN LEARNING ENGLISH.

TO MAXIMIZE LEARNING POTENTIAL AND ENHANCE CAREER AND EDUCATIONAL OPPORTUNITIES, THE REPORT RECOMMENDS THAT THE DEPARTMENT OF EDUCATION AND ITS CIVIL RIGHTS OFFICE CONCENTRATE ON HAVING SCHOOL DISTRICTS FOLLOW THE FOLLOWING FIVE PRINCIPLES:

• STRUCTURE EDUCATION PROGRAMS TO SERVE A DIVERSE STUDENT BODY BY PLACING STUDENTS IN REGULAR CLASSES WHEN POSSIBLE, GROUPING STUDENTS BY DIFFERING ABILITIES IN SUBJECTS, AND REGROUPING THE STUDENTS PERIODICALLY IN KEEPING NOT ONLY WITH THEIR DIFFERING ABILITIES IN SUBJECTS BUT THEIR DEVELOPMENT AND PERFORMANCE.
• EMPLOY NEUTRAL, NONDISCRIMINATORY DIAGNOSIS AND SCREENING FOR PLACING STUDENTS IN EDUCATION PROGRAMS.
• NOTIFY PARENTS OF DEVELOPMENTS AND ENCOURAGE PARENTS TO TAKE PART IN THEIR CHILDREN'S EDUCATION.
• ALLOCATE TEACHERS, FACILITIES, AND OTHER RESOURCES FAIRLY AMONG EDUCATION PROGRAMS.
• ELIMINATE ALL DISCRIMINATORY BARRIERS, IN ORDER TO OFFER STUDENTS EQUAL ACCESS TO SUBJECTS, ACTIVITIES, AND CAREER OPPORTUNITIES, AND COUNSEL EACH STUDENT TO TAKE EVERY ADVANTAGE OF HIS OR HER POTENTIAL.

WE MUST ELIMINATE THESE BARRIERS TO EDUCATION FOR STUDENTS WITH LIMITED ENGLISH PROFICIENCY; OTHERWISE, THEY WILL REMAIN SEGREGATED WITH FEELINGS OF ISOLATION IN AN ENVIRONMENT WHERE OTHERS THRIVE, THUS CAUSING DAMAGING EFFECTS THAT CAN LAST A LIFETIME. THE COMPLEXITIES AND FORMIDABLE CHALLENGES CONFRONTING PUBLIC SCHOOLS FURTHER HIGHLIGHT THE NEED FOR CONTINUED VIGOROUS ENFORCEMENT OF THE CIVIL RIGHTS LAWS BY THE U.S. DEPARTMENT OF EDUCATION.

IN KEEPING WITH THAT, I SHOULD ADD THAT A NEWLY ANNOUNCED PLAN BY THE CLINTON ADMINISTRATION TO INCREASE FUNDING FOR CIVIL RIGHTS ENFORCEMENT WILL, IF ENACTED, BE A SIGNIFICANT STEP TOWARD IMPROVING CIVIL RIGHTS IN THE NATION. THIS COMMISSION HAS FOR YEARS BEEN URGING CIVIL RIGHTS ENFORCEMENT FUNDING ADEQUATE FOR FEDERAL OFFICES TO HANDLE THEIR GREATLY ENLARGED WORKLOADS, ESPECIALLY IN SUCH REPORTS AS A 1983 STUDY OF THE PROPOSED FISCAL 1984 BUDGET AND IN A 1995 STUDY OF "FUNDING CIVIL RIGHTS ENFORCEMENT." THE COMMISSION ALSO WAS CRITICAL OF UNDERFUNDING IN ITS 1990S "THE FAIR HOUSING AMENDMENTS ACT OF 1988-THE ENFORCEMENT REPORT" AND "FEDERAL TITLE VI ENFORCEMENT TO ENSURE NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS" REPORT AS WELL AS ITS OPENING REPORT IN THE "EQUAL EDUCATIONAL OPPORTUNITY PROJECT SERIES."

I WILL NOW TAKE QUESTIONS.

(End of Statement)