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Stanford Magazine. (2017, June 20). Learning from the experts. Medium. https://stanfordmag.medium.com/learning-from-the-experts-be74e48a6abe​

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Before the 1960s, and particularly in 1916, intelligence tests were often misused to marginalize or promote certain racial and ethnic groups (Mahoney, 2024). Lewis Terman, who revised the original Binet Intelligence Test into the Stanford-Binet Intelligence Test (still used in schools today), was a prominent figure in the early eugenics movement (Mahoney, 2024). He actively supported policies and laws aligned with his belief in the biological superiority of certain groups (Mahoney, 2024). Terman's 1916 book, The Measurement of Intelligence, reflects these views (Mahoney, 2024). In it, he describes administering the Stanford-Binet test to Spanish-speaking individuals and uneducated African Americans, concluding (based on biased interpretations) that non-white groups lacked the capacity for abstract thinking and were best suited for manual labor (Mahoney, 2024). His work demonstrates how intelligence testing was weaponized to reinforce racial hierarchies and impact exclusionary immigration and educational policies (Mahoney, 2024).

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San Francisco Public Press. (2017, January 25). Language education evolves in U.S., California [Photograph]. San Francisco Public Press. https://www.sfpublicpress.org/language-education-evolves-in-u-s-california/​

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In 1974, the Supreme Court case Lau v. Nichols established a precedent for the education of Multilingual Learners (MLs) in the United States (Mahoney, 2024). The Court ruled that providing the same resources to all students was not enough if language barriers prevented some students from accessing the curriculum (Morita-Mullaney, 2024). As a result, the decision made it clear that language support programs are essential to ensure equal educational opportunities for MLs (Mahoney, 2024). This ruling was a turning point in federal education policy, establishing that true equity requires differentiated support, not just equal treatment. It also affirmed that schools have a legal obligation under the Civil Rights Act of 1964 to provide appropriate services that enable MLs to fully participate in their education (Morita-Mullaney, 2024).

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Applewhite, J. S. (1984). President Ronald Reagan addresses a meeting of teachers and administrators in Washington from outstanding secondary schools across the nation on Aug. 27, 1984 [Photograph]. In J. Park, A Nation at Risk. Education Week. https://www.edweek.org/policy-politics/a-nation-at-risk/2004/09

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In Table 2.2, Mahoney (2024) highlights the influential and fear-driven report A Nation at Risk: The Imperative for Educational Reform, published in 1983 by the National Commission on Excellence in Education. This report had a significant impact due to its strong, urgent tone, similar to how issues are often portrayed in mainstream media today (Mahoney, 2024). It warned that the American public education system was in decline and that this decline posed a threat to the nation’s global economic competitiveness (Mahoney, 2024). One particularly powerful statement claimed that if a foreign power had imposed such poor educational performance on the U.S., it would be seen as “an act of war" (National Commission on Excellence in Education, 1983). This kind of language was meant to generate concern and push for immediate action.

The publication played a big role in shaping education policy for decades to come (Vinovskis, 2009). It laid the foundation for test-based, standards-driven reforms like the No Child Left Behind Act (2002) and led to increased federal involvement in education, an area that had previously been managed mostly at the state and local levels (Vinovskis, 2009). Rather than addressing deeper systemic issues, A Nation at Risk focused the national conversation on accountability and test performance, shaping how schools are measured and supported to this day (Vinovskis, 2009).

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Edmonds, R. (2002). President George W. Bush signs the No Child Left Behind Act at Hamilton High School in Hamilton, Ohio, on Jan. 8, 2002 [Photograph]. In A. Klein, No Child Left Behind: An Overview. Education Week. https://www.edweek.org/policy-politics/no-child-left-behind-an-overview/2015/04​

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2002 - 2015: No Child Left Behind (NCLB) Act

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2002 - 2015: No Child Left Behind (NCLB) Act

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The No Child Left Behind Act (NCLB), starting in 2002, intended to ensure that every child in the United States received a quality education so that "no child is left behind" (Mahoney, 2024). Under this law, a quality education was primarily defined by students achieving high scores on standardized tests in English and mathematics (Mahoney, 2024). As a result, NCLB mandated that all students in Grades 3–8, including Multilingual Learners (MLs), take annual state assessments in reading and math (Mahoney, 2024).

Students who did not pass these tests were considered to have not received a quality education (Mahoney, 2024). Similarly, if a school or district failed to make adequate yearly progress (AYP), it was labeled as "in need of improvement" and faced the possibility of significant changes or interventions (Mahoney, 2024).

NCLB placed high stakes on MLs' performance on English-language standardized tests, even requiring them to be tested in English before they had acquired sufficient proficiency in the language (Mahoney, 2024). This was the beginning of an era with increased accountability but decreased validity in measuring educational outcomes for MLs (Mahoney, 2024).

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2015 - Now: Every Student Succeeds (ESSA) Act

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2015 - Now: Every Student Succeeds (ESSA) Act

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The No Child Left Behind Act (NCLB) came to an end when the Every Student Succeeds Act (ESSA) was signed into law (Mahoney, 2024). ESSA still focuses on accountability through standardized test results (Mahoney, 2024). States continue to use English Language Proficiency (ELP) standards and tests to track how students are doing and to make sure schools are supporting MLs' progress (Mahoney, 2024). The main difference with ESSA is that states now have more control over how to fix schools with low test scores (Mahoney, 2024). They have more flexibility in setting goals and deciding how to help struggling schools (Mahoney, 2024). Essentially, even though it’s not said outright, this shift shows that the strict federal rules under NCLB didn’t really work; therefore, now, the power is back in the hands of the states (Mahoney, 2024). States still have to track how different groups of students, like MLs, are doing (Mahoney, 2024). MLs still have to take math and English language arts tests, but states now have two ways they can use or interpret the results (Mahoney, 2024). In reality, though, not much has changed for MLs (Mahoney, 2024).