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The expropriation of dual language bilingual education: deconstructing neoliberalism, whitestreaming, and English-hegemony

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(2022). The expropriation of dual language bilingual education: deconstructing neoliberalism, whitestreaming, and English-hegemony. International Multilingual Research Journal: Vol. 16, No. 1, pp. 27-46.

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As an ELL myself, current elementary teacher, and future administrator, the importance of understanding the significance that high and equal quality of instruction for English Language Learners is crucial. For this guide, I will be taking the perspective of a future administrator. Principles and teachers must ensure that public education, aligns with legal and ethical standards. The information provided in this guide is aimed to inform professionals working with ELL's of the legal and ethical standards and challenges that we face with the presence of English Language Learners in public schools due to the lack of the implementation of dual language programs in the classroom.

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I interviewed Mr. Jose Villalobos, school principal of Pete Gallego Elementary in Eagle Pass, Tx.

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Pete Gallego Elementary
300 Azucena Street
Eagle Pass, TX 78852 TEL: 830-758-7130
FAX: 830-757-5795
Principal: Jose Villalobos

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English Language Learners or students who were born outside of the United States are unable to engage equitably if they are unable to comprehend the instructions and materials provided by their teachers. Dual language education teaches students literacy and content in two languages. During practically every waking moment of our lives, we are surrounded by language. The language we use helps us to convey our thoughts and feelings, to connect with people and to identify with our culture, as well as to comprehend the environment around us. In addition, according to, Suzanne Le Menestrel, “learning and using two languages enhances executive functioning, the ability to plan, control one’s attention, regulate one’s behavior, and think flexibly” (p. 47). Not only does this curriculum assist students in academic performance, but it also expands work options, simplifies travel, and facilitates the study of a third language. "The absence of a dual-language program in the classroom prevents students from acquiring the cognitive benefits, social benefits, and cultural awareness that come with being bilingual"(J. Vilalobos, personal communication, February 28, 2022).

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                                    Best Practices

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                                    Best Practices

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Assessment and Accountability

Various types of data should be collected on a regular basis in dual language immersion programs in order to measure progress toward program objectives. Schools and districts should test dual language immersion students in both English and the partner language that is being utilized in the program in order to assess kids' progress in the program. These assessments should “assess students’ progress toward meeting bilingual and biliteracy goals along with the curricular and content-related goals”  (J. Villalobos, personal communication, February 28, 2022).

Curriculum

According to current standards, dual language curricula should contain the same academic content as normal curriculum, with the same performance standards required of both immersion program participants and those who are not participating in the immersion program. All children should be taught bilingualism and biliteracy as part of their education, according to the curriculum. Curricular goals for language competency should be incorporated into planning, and the curriculum should ensure that students acquire subject area information while also gaining fluency in the languages of teaching. Due to the fact that dual language programs strive to develop multicultural competence, the curriculum should reflect and value the cultures of the students involved.

Instruction

Dual language program teachers should ensure that students receive understandable input (material in a language they can understand) and also encourage communicative language output from their pupils (practice using the language). Student comprehension of the language required to grasp lesson content should be developed through instructional activities, followed by assignments in which "students actively utilize the language of instruction so that it can be fully acquired. " Sheltered instruction is an illustration of this concept. It is a typical strategy for adjusting activities to fit the needs of language learners to use sheltered instruction, which is an educational approach that lowers the linguistic demands of instruction in order to make academic content more intelligible. The following strategies may be used in sheltered instruction situations:

Staff Quality and Professional Development

In order for dual immersion to be a success, effective teachers are required, just as they are for any other educational effort. Given that teachers in dual language schools must possess a unique mix of abilities, including bilingual language proficiency, many states have suffered a scarcity of qualified dual language teachers as the popularity of dual language programs has grown.

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CROSS-CULTURAL COMPETENCE

One of the fundamental purposes of dual language immersion programs, in addition to fostering bilingualism and biliteracy, is to help students build cross-cultural competence and understanding. As a result of their very nature, dual language programs place students in linguistically, racially, and ethnically varied contexts. As a result, some suggest that good cross-cultural attitudes will organically develop in these environments. While some argue that cross-cultural competence will naturally occur as a result of the existing status differences between native and non-native English speakers in dual language programs, others argue that cross-cultural competence will need to be actively developed in order for programs to be effective. Multicultural and anti-bias curricula are actively promoted in many dual language programs, both for students and for teachers.

ACHIEVEMENT GAPS

In general, dual language programs (as opposed to other program models, such as monolingual education) are more effective than other program models (as opposed to monolingual education) at closing the academic achievement gap between native English speakers and English language learners (ELLs). However, achievement inequalities within dual language programs may continue for a lengthy period of time; some studies have found that it may take between three and seven years to close the difference between test scores of English language learners and those of native English speakers on standardized tests.

SPECIAL EDUCATION

Learning disabilities in students enrolled in dual language immersion programs can be difficult to identify, in part because it can be difficult to distinguish between learning difficulties that are caused by an actual learning disability and learning difficulties that are caused by a temporary difficulty with the second language.

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The National Association for Bilingual Education (NABE) is a non-profit membership organization that strives to fight for educational equity and academic success for bilingual and multilingual children in a global society. It is the only national professional association solely dedicated to representing bilingual/multilingual students as well as bilingual and dual language education professionals at the local, state, and national levels. NABE is devoted to educating 21st century global citizens who will contribute to economic, civic, technological, and cultural growth in their communities, and they encourage studying more than two languages and cultures.

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Since 1975, the National Association for Bilingual Education (NABE) has been a non-profit membership organization that works to advocate for educational equity and academic excellence for bilingual/multilingual students in a global society.

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About NABE – NABE. (2022). NABE. https://nabe.org/about-nabe/

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In an article written by the International Multilingual Research Journal, Gambrell et al. (2021) talks about a study in which expropriation is used to refer to the co-opting and dispossession of educational resources, opportunities, and rights from language-minority communities, as well as a movement toward the reframing and reuse of these resources for the advantage of white English-privileged people. The following were discussed:

analyzed which states adopted the DLBE model (fiftyfication, exclusion of one teacher)

exclusion of one-way developmental bilingual education

stringent language separation policy) as a basic expropriation reference

how they executed it

the discourses utilized

who benefited

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J. A., Gambrell, J., Kasun, G. S., Dorner, L. M., & Cervantes-Soon, C. (2021). The expropriation of dual language bilingual education: deconstructing neoliberalism, whitestreaming, and English-hegemony. International Multilingual Research Journal, 16(1), 27–46. https://doi.org/10.1080/19313152.2021.1929762

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According to, Suzanne Le Menestrel, “learning and using two languages enhances executive functioning, the ability to plan, control one’s attention, regulate one’s behavior, and think flexibly” (p. 47). This articles analyzes the absence of a dual language program in the classroom which prevents students from acquiring the following:

cognitive benefits

social benefits

cultural awareness

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Boyson, B. A., & Short, D. (2003). Secondary school newcomer programs in the United States. Center for Research on Education, Diversity and Excellence, University of California, Santa Cruz.

Burke, A. (2015). Suspension, expulsion, and achievement of English learner students in six Oregon districts (REL report 2015-094). U.S. Department of Education, Institute of Education Sciences, National Center for Education Evaluation and Regional Assistance, Regional Educational Laboratory Northwest. http://ies.ed.gov/ncee/edlabs/regions/northwest/pdf/REL_2015094.pdf

Callahan, R. M. (2005). Tracking and high school English learners: Limiting opportunity to learn. American Educational Research Journal, 42(2), 305-328. https://doi.org/10.3102/00028312042002305

Castellón, M., Cheuk, T., Greene, R., Mercado-Garcia, D., Santos, M., Skarin, R., & Zerkel, L. (2015). Schools to learn from: How six high schools graduate English language learners college and career ready. Stanford University Graduate School of Education.

DeGarmo, D. S., & Martinez, C. R., Jr. (2006). A culturally informed model of academic well-being for Latino youth: The importance of discriminatory experiences and social support. Family Relations, 55(3), 267-278. https://doi.org/10.1111/j.1741-3729.2006.00401.x

Dupoux, E., Peperkamp, S., & Sebastián-Gallés, N. (2010). Limits on bilingualism revisited: Stress "deafness" in simultaneous French-Spanish bilinguals. Cognition, 114(2), 266-275. https://doi.org/10.1016/j.cognition.2009.10.001

Eccles, J. S. (2008). Agency and structure in human development. Research in Human Development, 5(4), 231-243. https://doi.org/10.1080/15427600802493973

Egalite, A. J., & Kisida, B. (2016). School size and student achievement: A longitudinal analysis. School Effectiveness and School Improvement, 27(3), 1-12. https://doi.org/10.1080/09243453.2016.1190385

Espinosa, L. M. (2013). PreK-3rd: Challenging common myths about dual language learners. Foundation for Child Development. https://www.fcd-us.org/prek-3rd-challenging-common-myths-about-dual-language-learners-an-update-to-the-seminal-2008-report/

Gordon, K. R. (2016). High proficiency across two languages is related to better mental state reasoning for bilingual children. Journal of Child Language, 43(2), 407-424. https://doi.org/10.1017/S0305000915000276

Kim, J. I., & Viesca, K. M. (2016). Three reading-intervention teachers' identity positioning and practices to motivate and engage emergent bilinguals in an urban middle school. Teaching and Teacher Education, 55, 122-132. https://doi.org/10.1016/j.tate.2016.01.003

Leithwood, K., & Jantzi, D. (2009). A review of empirical evidence about school size effects: A policy perspective. Review of Educational Research, 79(1), 464-490. https://doi.org/10.3102/0034654308326158

Meisel, J. M. (2011). First and second language acquisition: Parallels and differences. Cambridge University Press.

Menken, K. (2013). Emergent bilingual students in secondary school: Along the academic language and literacy continuum. Language Teaching, 46(4), 438-476. https://doi.org/10.1017/S0261444813000281

National Academies of Sciences, Engineering, and Medicine. (2019). The promise of adolescence: Realizing opportunity for all youth. The National Academies Press. https://doi.org/10.17226/25388

Nield, R. (2009). Falling off track during the transition to high school: What we know and what can be done. The Future of Children, 19(1), 53-76. https://doi.org/10.1353/foc.0.0020

Olsen, L. (2010). Reparable harm: Fulfilling the unkept promise of educational opportunity for California's long term English learners. Californians Together. http://www.ctdev.changeagentsproductions.org/wp-content/uploads/2015/01/ReparableHarm2ndedition.pdf

Ortiz-Mantilla, S., Choudhury, N., Alvarez, B., & Benasich, A. A. (2010). Involuntary switching of attention mediates differences in event-related responses to complex tones between early and late Spanish-English bilinguals. Brain Research, 1362, 78-92. https://doi.org/10.1016/j.brainres.2010.09.031

Rumberger, R., Gándara, P., & Merino, B. (2006). Where California's English learners attend school and why it matters. UC LMRI Newsletter, 15(2), 1-3. https://escholarship.org/uc/item/4j32m4jg

Suárez-Orozco, C., Suárez-Orozco, M.M., & Todorova, I. (2008). Learning a new land: Immigrant students in American society. Harvard University Press.

Umansky, I. M., & Reardon, S. F. (2014). Reclassification patterns among Latino English learner students in bilingual, dual immersion, and English immersion classrooms. American Educational Research Journal, 51(5), 879-912. https://doi.org/10.3102/0002831214545110

U.S. Department of Education, Office of English Language Acquisition. (2018, September). Fast Facts: National and state-level high school graduation rates for English learners. https://www.ncela.ed.gov/files/fast_facts/GraduationRatesFactSheet.pdf

Valentino, R. A., & Reardon, S. F. (2015). Effectiveness of four instructional programs designed to serve English learners: Variation by ethnicity and initial English proficiency. Educational Evaluation and Policy Analysis, 37(4), 612-637. https://doi.org/10.3102/0162373715573310

Valdés, G. (2001). Learning and not learning English: Latino students in American schools. Teachers College Press.

Walqui, A., Koelsch, N., Hamburger, L., Gaarder, D., Insaurralde, A., Schmida, M., & Weiss, S. (2010). What are we doing to middle school English learners? Findings and recommendations for change from a study of California EL programs (Research Report). WestEd.

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english learners; dual language learning; english as a second language; bilingualism

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Dual Language Learning and Educational Success for Youth | Le Menestrel | Journal of Youth Development

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Boyson, B. A., & Short, D. (2003). Secondary school newcomer programs in the United States. Center for Research on Education, Diversity and Excellence, University of California, Santa Cruz. Burke, A. (2015). Suspension, expulsion, and achievement of English learner students in six Oregon districts (REL report 2015-094). U.S.

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Suzanne Le Menestrel. (2020). Dual language learning and educational success for youth. Journal of Youth Development, 15(3), 45–58

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The Fourteenth Amendment is ratified, promising "equal protection under the law (US Const. amend. XIV)".

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The Fourteenth Amendment is ratified, promising "equal protection under the law (US Const. amend. XIV)".

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According to the Fourteenth Amendment of the United States Constitution, states are required to apply the law equally to all citizens and are prohibited from discriminating. Reconstruction began after the Civil War and included this effort. Many constitutional amendments, including the Fourteenth Amendment, were passed to ensure that all citizens, including those who had recently been emancipated from slavery, were protected by the federal government. Despite the fact that the Fourteenth Amendment was not intended to apply directly to education, it has had a significant impact on the field nonetheless.

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U.S. Const. amend. XIV

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U.S. Senate: Constitution of the United States

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In Lau v. Nichols, the Supreme Court rules that schools must educate students whose first language is not English (Lau v. Nichols, 1974).

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In Lau v. Nichols, the Supreme Court rules that schools must educate students whose first language is not English (Lau v. Nichols, 1974).

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With the landmark 1974 Supreme Court decision Lau v. Nichols, the United States Supreme Court sought to make the school transition simpler for young people who spoke English as a second language at home. Students who were born outside of the United States are unable to engage equitably if they are unable to comprehend the instructions and materials provided by their teachers. The impact the Lau v. Nichols case resulted in a unanimous judgement in support of bilingual instruction as a means of assisting non-native English speakers in improving their English language proficiency. The case facilitated students whose first language was not English's transition into education.

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Lau v. Nichols, 414 U.S. 563 (1974)

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Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate.

Chicago citation style:

Douglas, William Orville, and Supreme Court Of The United States. U.S. Reports: Lau v. Nichols, 414 U.S. 563. 1973. Periodical. https://www.loc.gov/item/usrep414563/.

APA citation style:

Douglas, W. O. & Supreme Court Of The United States. (1973) U.S. Reports: Lau v. Nichols, 414 U.S. 563. [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/item/usrep414563/.

MLA citation style:

Douglas, William Orville, and Supreme Court Of The United States. U.S. Reports: Lau v. Nichols, 414 U.S. 563. 1973. Periodical. Retrieved from the Library of Congress, <www.loc.gov/item/usrep414563/>.

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Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate. Douglas, William Orville, and Supreme Court Of The United States. U.S. Reports: Lau v. Nichols, 414 U.S. 563. 1973. Periodical. https://www.loc.gov/item/usrep414563/. Douglas, W. O. & Supreme Court Of The United States. (1973) U.S.

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In Roberts v. City of Boston, the Massachusetts Supreme Court rules that the state's constitution permits raciallly segregated schools (Roberts v. City of Boston, 1849).

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In Roberts v. City of Boston, the Massachusetts Supreme Court rules that the state's constitution permits raciallly segregated schools (Roberts v. City of Boston, 1849).

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The Roberts case established the principle of "separation but equality" and authenticated segregation in public schools, providing the basis and justification for the infamous Plessy v. Ferguson of the United States Supreme Court nearly 50 years later. The Roberts case was unsuccessful because authorities reasoned that special provisions had been created for "colored" students to have a school. In April 1855, a bill was presented and passed by the Massachusetts legislature and this action established that no distinction based on color, race, or religion should be made for any student applying for admission to any public school in the state. Being born Hispanic would have made my career journey in education very difficult nearly impossible if there was still segregation.

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Regents of Univ. of California v. Bakke, 438 U.S. 265 (1978)

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Footnotes

[1] "City Document No. 28: Report of the Annual Visiting committees of the Public Schools of the City of Boston" (Boston, 1846), p. 151, as printed in Leonard W. Levy and Harlan B. Philips, "The Roberts Case: Source of the 'Separate but Equal' Doctrine," The American Historical Review 56, no. 3 (1951): 511.

[2] " Report to the Primary School Committee, June 15, 1846, on the Petition of Sundry Colored Persons, for the Abolition of the Schools for Colored Children," (Boston, June 15, 1846).

[3] "Report to the Primary School Committee," 2.

[4] "Report to the Primary School Committee," 2.

[5] "Report to the Primary School Committee," 29.

[6] "Report to the Primary School Committee," 4.

[7] James Oliver Horton and Lois Horton, Black Bostonians: Family Life and Community Struggle in the Antebellum North (New York: Holmes and Meier, 1999), 78-79; Levy and Philips, "The Roberts Case: Source of the 'Separate but Equal' Doctrine," 510-518; Douglas J. Ficker, "From Roberts to Plessy: Educational Segregation and the "Separate but Equal" Doctrine." The Journal of Negro History 84, no. 4 (1999): 301-14; Sarah C. Roberts vs. The City of Boston 59 Mass. 198, 5 Cush. 198 (1849).

[8] "An Act Concerning Public Schools," in Acts and Resolves Passed by the General Court (Session Laws, Boston, 1845).

[9] Paul Kendrick and Stephen Kendrick, Sarah's Long Walk: The Free Blacks of Boston and How Their Struggle for Equality Changed America (Boston: Beacon Press, 2004) 116.

[10] Horton and Horton, Black Bostonians, 78-79; Kendrick and Kendrick, Sarah's Long Walk.

[11] Horton and Horton, 78-79.

[12] Sarah C. Roberts vs. The City of Boston 59 Mass. 198, 5 Cush. 198 (1849).

[13] Sarah C. Roberts vs. The City of Boston 59 Mass. 198, 5 Cush. 198 (1849).

[14] Sarah C. Roberts vs. The City of Boston 59 Mass. 198, 5 Cush. 198 (1849).

[15] Sarah C. Roberts vs. The City of Boston 59 Mass. 198, 5 Cush. 198 (1849).

[16] Court case records do not contain the arguments of Peleg W. Chandler, the City Solicitor. Donald M Jacobs, "The Nineteenth Century Struggle Over Segregated Education in the Boston Schools." The Journal of Negro Education 39, no. 1 (1970): 76-85.

[17] Sarah C. Roberts vs. The City of Boston 59 Mass. 198, 5 Cush. 198 (1849).

[18] Sarah C. Roberts vs. The City of Boston 59 Mass. 198, 5 Cush. 198 (1849).

[19] Ficker, "From Roberts to Plessy," 301-14.

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The Sarah Roberts Case (U.S. National Park Service)

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1] "City Document No. 28: Report of the Annual Visiting committees of the Public Schools of the City of Boston" (Boston, 1846), p. 151, as printed in Leonard W. Levy and Harlan B. Philips, "The Roberts Case: Source of the 'Separate but Equal' Doctrine," The American Historical Review 56, no.

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The Every Student Succeeds Act (ESSA), a reauthorization of the Elementary and Secondary Education Act (ESEA), was passed in part in response to criticisms that the No Child Left Behind Act (NCLB) actually increased rather than decreased educational gaps.

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The Every Student Succeeds Act (ESSA), a reauthorization of the Elementary and Secondary Education Act (ESEA), was passed in part in response to criticisms that the No Child Left Behind Act (NCLB) actually increased rather than decreased educational gaps.

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With the ESSA, the federal government strives to ensure that all children receive a high-quality education in public schools. The Every Student Succeeds Act (ESSA) gives states greater control over how schools measure and report student performance results. Students from poor backgrounds can also find success in this area. As an educator, it is my responsibility to ensure that each student receives high-quality instruction.

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Every Student Succeeds Act, 20 U.S.C. § 6301 (2015)

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According to Eagle Pass Independent School Districts Student and Parent Handbook, a student who is an English learner is entitled to receive specialized services from the district (Eagle Pass Independent School District Student and Parent Handbook, 2021-2022). A Language Proficiency Assessment Committee (LPAC), consisting of both district officials and at least one parent representative, will assess whether the pupil qualifies for services. The student’s parent must consent to any services recommended by the LPAC.

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According to the teacher code of ethics, "the educator shall comply with state regulations, written local school board policies, and other state and federal laws" (19 TAC § 247.2.).
As a future administrator in the educational profession, one thing that we all have in common is the academic success of students. Therefore, we should all be aware of how bilingual education  makes use of a student's inherent aptitude to learn a second language without decreasing overall student success levels.

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Educators’ Code of Ethics, 19 Tex. Admin. Code § 247.2.

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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The language we use helps us to convey our thoughts and feelings, to connect with people and to identify with our culture, as well as to comprehend the environment around us. This topic is interesting in particular for me because of my Hispanic culture. I myself am bilingual and believe that being fluent in two languages has heighten my awareness on the importance of maintaining my heritage and culture. It has also given me the capacity to think flexibly, communicate, and understand two cultures beyond the native tongue. In regards to legal aspects, the impact the Lau v. Nichols case resulted in a unanimous judgement in support of bilingual instruction as a means of assisting non-native English speakers in improving their English language proficiency. The case facilitated students whose first language was not English's transition into education. This case impacted my life because I myself was an English language learner and needed that assistance to achieve overall academic student success and have the opportunities that I know have.

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Lau v. Nichols, 414 U.S. 563 (1974)

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It is critical that institutions and higher education personnel adhere to the legal and ethical guidelines that have been established. The following are my proposals for how schools can achieve compliance:

Positive school culture and management should be a priority for administrators on campus. Student achievement, including that of English language learners, is directly influenced by the quality and efficacy of a school.

preparing teachers for teaching ELL students (professional developments)

teacher credentials and certifications should be up to part to teach ELL students

teachers of ELL students should be able to communicate effectively, hence these teachers should be proficient in both languages. Preferably teachers themselves that are bilingual (qualified teachers)

knowing and understanding a students culture and background

Standards for dual language curricula should be the same as those for the regular curriculum, with the same standards for both immersion program participants and those who are not in the immersion program.

budget school/district funds for dual programs

allocation of resources to enhance the implementation of dual language programs (reading material, manipulatives, etc.)

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Suzanne Le Menestrel. (2020). Dual language learning and educational success for youth. Journal of Youth Development, 15(3), 45–58