{"id":354847,"date":"2016-04-04T11:01:41","date_gmt":"2016-04-04T16:01:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/education\/curriculum-standards-school-funding\/no-child-left-behind-and-bilingual-education.html"},"modified":"2023-10-26T07:51:03","modified_gmt":"2023-10-26T12:51:03","slug":"no-child-left-behind-and-bilingual-education","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/education\/curriculum-standards-school-funding\/no-child-left-behind-and-bilingual-education.html","title":{"rendered":"No Child Left Behind and Bilingual Education"},"content":{"rendered":"\n
\n \n
\n

No Child Left Behind and Bilingual Education<\/h1>\n
\n
\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The No Child Left Behind (NCLB) Act was a landmark education policy signed into law. Its primary goal was to ensure that every student received high-quality academic content and to ensure that students met certain academic standards. This included English Language Learners (ELLs). The NCLB Act emphasized the importance of student achievement and the importance of areas like language arts and math.<\/p>\r\n

ELLs are sometimes referred to as Limited English Proficient (LEP) students. They come from diverse backgrounds. They often speak a second language, like Spanish, at home. These students face challenges in mastering English language skills to succeed in school. NCLB mandates require schools to track the English language skills of ELLs. They usually did this through high-stakes testing. It also emphasized that ELL students should make adequate yearly progress (AYP) in their content areas, just like their peers.<\/p>\r\n

This article provides a short overview of the Bilingual Education Act. It discusses how the NCLB affects bilingual education in America.<\/p>\r\n

A Brief Background of the Bilingual Education Act<\/h2>\r\n

In 1965, Congress enacted the Elementary and Secondary Education Act (ESEA). This law provides the federal government with the authority to fund public schools. With that authority, they have the ability to influence education goals and policy. The ESEA was later reauthorized as the No Child Left Behind (NCLB) Act.<\/p>\r\n

The Bilingual Education Act<\/a> (BEA) was enacted into law by Congress in 1968. Congress passed the BEA during the Civil Rights Movement<\/a>. It was the first federal law passed specifically to address the needs of ELLs.<\/p>\r\n

One of the pivotal moments in bilingual education history was the Supreme Court case Lau v. Nichols<\/i><\/a> (1974). <\/i>The Supreme Court emphasized and upheld equal educational opportunities for language-minority students. This set the foundation for later laws and policies. Many policies added provisions for bilingual and dual-language programs.<\/p>\r\n

The 1974 amendments to the BEA were made in an attempt to clarify the intent and design of the programs, which had previously been voluntary with the school districts. These amendments defined the Bilingual Education Program as providing instruction in English and in the native language of the student, defined the Program’s goal to prepare these students to participate effectively in the regular classroom while maintaining the student’s native language and culture, and other related goals.<\/p>\r\n

The BEA’s Key Provisions<\/h2>\r\n

The U.S. Department of Education oversaw the initiatives of the BEA. Its goal was to ensure every student succeeds. They worked closely with state education agencies to make this vision a reality. To support ELLs, NCLB had a specific section \u2014 Title III. This section focused on language learning and instructional programs. These programs helped to assist ELLs and immigrant children with English language proficiency.<\/p>\r\n

Prior to the initial passage of the BEA, several states began experimenting with bilingual education programs<\/a> in the mid-1960s. It was viewed as one of the most important developments during the movement for equal rights. It was a way to assist the increasing number of Asian and Latin American immigrants. This followed the 1965 repeal of the "national-origin system."<\/p>\r\n

The BEA has been amended five times since its passage, and amendments continued these programs with increased funding. Until 2001, when the No Child Left Behind Act was enacted, the BEA’s key provisions included:<\/p>\r\n