English learner policy grew out of the Civil Rights Movement of the 1960s. The federal Civil Rights Act established a framework assuring equal education access- specifically naming protections based on race, ethnicity, national origin. This was the foundation for both legislation and court cases that would shape the filed of English learner education.

The California legislature passed the Chacon-Moscone Bilingual-Bicultural Bill requiring bilingual programs in every school and classroom in the state with 20 or more English learners of the same language group at a grade level.  

The legislation described a program MODEL and required trained teachers, it did not actually describe HOW to do it, nor did it address the challenge of how to create a teaching force to deliver the model.

!Colorin Colorado!  (video 2:43)
Lau vs. Nichols: A Landmark Case for ELL Education

The Lau vs. Nichols decision found that San Francisco schools failed to provide equal access for Chinese students who did not speak English. This decision by the U.S. Supreme Court called for school districts to take affirmative action so that access is not denied due to language. This case legally created a class of students- "Limited English Proficient," later to be called English Learners.

The courts ruled in the Castaneda vs. Pickard case that districts were legally obligated to respond to three questions:
1.  Are policies and practices based on sound educational theory?
2. Are the policies and practices implemented with sufficient rigor?
3. Is there demonstrable evidence of effectiveness after a sufficient period of implementation?

An implicit fourth standard speaks to continuous improvement:
4. Based on the evidence of effectiveness, does the systems make efforts to improve implementation or to modify its theory?

English as the Official Language for CA Prop63

The ballot summary for this measure was:

“ OFFICIAL STATE LANGUAGE. INITIATIVE CONSTITUTIONAL AMENDMENT.
Provides that English is the official language of State of California. Requires Legislature to enforce this provision by appropriate legislation. Requires Legislature and state officials to take all steps necessary to ensure that the role of English as the common language of the state is preserved and enhanced. Provides that the Legislature shall make no law which diminishes or ignores the role of English as the common language. Provides that any resident of or person doing business in state shall have standing to sue the state to enforce these provisions. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: This measure would have no direct effect on the costs or revenues of the state or local governments. | ”

Voter Information Guide for 1998, Primary.pdf: Prop.227

227 passed in "1998 and greatly curtailed bilingual education in the state. Indeed, Proposition 227 stipulated English
immersion programs be provided to EL students for a
period “not normally intended to exceed one year“—a
time frame unsupported by existing studies, which
instead suggested a far longer time period of four to
seven years.
Proposition 227 also expanded on the sunset of the
Chacón-Moscone bilingual education bill, which
occurred in 1987. These events, coming during a period
of heightened voter concerns about immigration and
the shifting demographics of the state, effectively
eclipsed the successes of bilingual instructional pro-
gram advocacy begun by Lau." CA EL Roadmap

Congress.Gov:  NCLB (article)

Behind: No Child Left Behind — An Oral History (7:28)

CDE brought in language experts to create a theoretical framework and guidance for developing language: Stephen Krashen, Jim Cummins, Spencer Kagan, Eleanor Thonis, Tracy Terrell and others. They taught about comprehensible input, transfer, and the "affective filter." California became a leader in building the field. This work continued through the 80s and 90s, until it hit a wall of politics and social battles.

The purpose of the California Education for a Global Economy (CAEd.G.E.) Initiative is to ensure that all children in California public schools receive the highest quality education, master the English language, and access high-quality, innovative, and evidence-based language programs that prepare them to participate in a global economy.
California Education Code (EC) Section 300(n)