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Every Student Succeeds Act

Some States With 鈥楨nglish-Only鈥 Laws Won鈥檛 Offer Tests in Other Languages

By Corey Mitchell 鈥 October 24, 2017 6 min read
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Florida is among several states gambling that their English-only laws will provide cover from a new federal push on English-language-learner education.

Under the federal Every Student Succeeds Act, states must 鈥渕ake every effort鈥 to develop statewide assessments in students鈥 first languages if they constitute a significant portion of the student population.

But Florida, with its nearly 300,000 English-learners, has shown no interest in translating its state tests into Spanish and Haitian Creole, languages spoken by tens of thousands of public school students in the state.

The state education department does not want to give exams in language arts, math, or science in students鈥 native languages as ESSA suggests because, it says, the state constitution declares English Florida鈥檚 official language.

Florida is one of at least a half-dozen states that have taken that stance, but none have as many English-learners as the Sunshine State, where roughly 12 percent of all K-12 students are classified as English-learners. Their presence is even more prevalent in certain regions: One in four students in the Miami-Dade County school system鈥攖he largest district in the state and one of the 10 largest in the country鈥攁re ELLs.

The law stops short of requiring the assessment in languages other than English. Most states, including Florida, give students with limited English skills standard state tests.

Arkansas, Georgia, and Virginia are also seeking to bypass the latest round of ESSA plan submissions. While the ELL population in Arkansas is small but growing, Georgia and Virginia have sizable populations.

Digging for Details

Dozens of states have laws or constitutional amendments on the books that establish English as their official language. But only a handful, including Virginia, address how schools should educate students who don鈥檛 speak English as their first language. Florida, with its 23-word English-only clause, isn鈥檛 one of them.

Virginia prohibits instruction in languages other than English 鈥渆xcept on a very limited basis and in foreign language classes.鈥

Florida鈥檚 ESSA plan maintains that giving assessments to students in their native languages would impede their ability to demonstrate their knowledge.

Among states with larger English-learner populations than Florida, California and Texas have put up no resistance to offering native-language assessments. Some states with smaller ELL populations, including Minnesota and New York, plan to develop exams in three or more languages to accommodate students.

鈥淲hen we look at the state plans some of them did address the questions about native language assessments very thoroughly,鈥 said Delia Pompa, a senior fellow for education policy at the Migration Policy Institute鈥檚 National Center on Immigrant Integration Policy. 鈥淥ther states were more cavalier about it. It indicates a lack of commitment, a lack of being serious about the needs of students and looking forward.鈥

But experts say test translations aren鈥檛 always as helpful as they might seem.

鈥淚f the student is not literate in their native language, then offering a native-language assessment is not going to help,鈥 said Joan Herman, director emerita of CRESST, the National Center for Research on Evaluation, Standards & Student Testing at the University of California, Los Angeles.

Herman said translated tests can be beneficial for certain groups of students, particularly those at the middle or high school level who already had a strong foundation in their home language before coming to the United States. But for some states, developing tests in languages other than English could prove too costly, she added. Initially, Florida planned to request a waiver from the language requirement. But after pressure from state and local activists, the state folded the waiver into its ESSA plan.

The Florida Department of Education did not make Chane Eplin, who oversees the state鈥檚 ELL program, available for an interview.

The state may have good reason to be confident. Arizona and Tennessee already have won approval for their ESSA plans after citing state English-only laws as a reason not to offer native-language assessments. And some English-learner advocacy groups are not optimistic that DeVos will make an about-face on this round of submissions.

The U.S. Department of Education did not respond to requests for comment on native-language assessments.

鈥淲e don鈥檛 have any indication that [the Education Department will] be pushing back on the lack of native-language assessments,鈥 said Lor茅n Trull, a senior education policy adviser with UnidosUS, formerly the National Council of La Raza.

TESOL International Association and the Joint National Committee for Language-National Council on Language and International Studies submitted a letter to Florida Gov. Rick Scott in August, arguing that bills introduced in the state legislature to authorize tests in languages other than English should serve as proof that the state鈥檚 official-English clause does not provide grounds to deny the assessments.

鈥淭o move away from developing native-language assessments tries to mask the idea that there鈥檚 going to be great diversity in this population with different needs,鈥 said John Segota, the associate executive director for public policy & professional relations at TESOL.

Competing Interests

While the state has declared itself an English-only state, Florida is among the more than 25 states promoting bilingualism among K-12 students by offering the seal of biliteracy鈥攁 special recognition on high school diplomas for graduates who demonstrate fluency in two or more languages. To earn the award in Florida, a student has to achieve a qualifying score on a foreign-language assessment.

Rosa Castro Feinberg, a spokeswoman for Florida鈥檚 League of United Latin American Citizens (LULAC) chapter, argues that it鈥檚 insincere to allow foreign-language assessment to prove biliteracy, but not competency in a native language other than English.

Last year, less than 15 percent of English-language learners in Florida passed the 10th grade reading exam. This is not a new problem. State data show Florida鈥檚 English-language learners have been struggling in English and math for more than a decade.

Republican state Rep. Manny Diaz鈥攚ho co-sponsored the state鈥檚 biliteracy seal legislation鈥攄oesn鈥檛 think the state should translate tests for English-learners.

鈥淚t becomes a crutch for students,鈥 said Diaz, a former teacher and assistant principal in the Miami-Dade schools.

At most, test directions should be translated, Diaz said.

In many states, the students can get some extra help, including more time to finish a text, bilingual dictionaries, instructions read aloud to them, and testing in small groups. Florida also allows teachers to answer questions about directions or specific words or phrases in the student鈥檚 native language. In West Virginia, the lone state where English-learners represent less than 1 percent of the student population, test directions are translated into at least 17 languages.

Diaz does acknowledge that Florida could face a dilemma with students arriving from Puerto Rico in the aftermath of Hurricane Maria, a storm that ravaged the island and its schools. With families fleeing the island, state officials estimate that between 20,000 and 25,000 students, almost exclusively native Spanish speakers, could arrive in mainland schools in the coming months. Without native-language assessments, schools would have trouble figuring out what the students know.

鈥淭he issue of Puerto Rico complicates the situation on many levels,鈥 Diaz said. 鈥淲e have to take a look at how we as a state deal with that because clearly the students are not the same.鈥

A version of this article appeared in the October 25, 2017 edition of 澳门跑狗论坛 as 鈥楨nglish-Only鈥 States Balk on Tests in Other Languages

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