*Please note that the source text uses the term "handicaps" instead of barriers; given the year of this decision (and the publication of this information by Stanford), this outdated language does not reflect current recommended practices for using asset based language when referring to the skills and abilities of people who are multilingual. Please review PSESD's publication, "Labels or Limitations: Recommendations for Asset-Based Language" for more information.

The federal government does not recognize an official language, but roughly 30 states have passed laws designating English as the official language. A few of these require their public schools to teach only in English. As a result, ELs are instructed through one of a variety of education models.

Bilingual Mandates

Several states have begun to require bilingual instruction in their public schools. While these requirements vary greatly from state to state, in five states (Connecticut, Illinois, New Jersey, New York, and Texas) require that districts with more than 20 or more ELs in the same grade level from the same language background provide bilingual education. Dual language programs can meet this requirement.

Alaska’s education statute requires local education agencies to provide a “bilingual-bicultural education program” for schools that enroll at least eight ELs. It also requires local school boards to create a local Native language curriculum advisory board for each district where a majority of students are Alaska Natives. The advisory board has the power to recommend schools to create a Native language education curriculum for enrolled K-12 students, which should include the Native languages traditionally spoken in the community.

Connecticut has a Bilingual Education Statute that requires school districts to provide bilingual education programs to ELs in grades K–12, in schools where there are 20 or more ELs that speak the same home language. The original law was passed in 1977 but was changed in 1999 to require schools to teach ELs in English for more than half of the school day by the end of their first year in the bilingual program, and to move ELs to regular classes after three school years (30 months). For high school students who are eligible for EL services but who will graduate within 30 months, the district must offer students participation in an English as a Second Language (ESL) program.

In 2010, Illinois passed legislation that requires public schools to mandate bilingual education programs for preschool students ages 3–5, making it the first state to extend a bilingual education mandate to the preschool years. Effective July 2014, Illinois’ Title 23, Administrative Code Part 228 requires school districts with preschools that serve 20 or more ELs who speak the same home language, to create a transitional bilingual education (TBE) program for every foreign language spoken. In schools with fewer than 20 ELs, districts must offer students with instruction or services in their home language (such as ESL services).The same requirements have been in place since 1973 for students in grades K–12, when Illinois first passed legislation mandating transitional bilingual education for ELs.

Like Plessy, Brown v. Board of Education focused on the segregation of African American students. But by ruling that states are responsible for providing "equal educational opportunities" for all students, Brown made bilingual education for ELLs more feasible