In the 1960s, the United States was going through a moment of transformation. The streets were filled with people demanding equality in civil rights and access to a fair education for all. Until that time, students who spoke a language other than English were often invisible within the system. They went to school, yes, but their linguistic and cultural needs were not considered. Many were left behind, not because they could not learn, but because the system wasn't prepared to teach them.

This was the beginning of a deeper question: What does it mean to teach equitably when not everyone understands the school's language?

The first day she went to school, many people protested in the street, shouting horrible things at her. Some parents took their children out of the classroom, and several teachers refused to teach her. Ruby was escorted by federal agents every day to protect her. Even so, she went with her white dress and bun in her hair and boldly entered the school. For a whole year, she was the only girl in her class.

With the passage of Title VII of the Elementary and Secondary Education Act (ESEA), known as the Bilingual Education Act, the federal government officially recognized that students who did not speak English needed specific support. For the first time, schools could receive funding to create bilingual programs and develop appropriate materials. This was an important moment. The law was not perfect, but it represented an opening: an opportunity for multilingual students to survive in school and truly learn in an environment that valued their languages and cultures.

In 1974, the U.S. Supreme Court issued a landmark decision in Lau v. Nichols, which forever changed how the education system should respond to students who did not speak English as their primary language.

Chinese families brought the case to San Francisco. More than 1,800 students of Chinese origin attended public schools where all classes were taught in English, but most did not speak or understand the language. The school district offered no language support, English as a Second Language classes, translations, or accommodations. One affected student, Kinney Lau, became the face of the case.

The Court ruled that providing all students with the same instruction is unfair if some cannot understand it. In other words, equality is not the same as equity.

Under Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in programs that receive federal funds, the Court concluded that denying students with limited English proficiency access to support programs constituted discrimination.

The decision of Lau v. Nichols forced schools to take active steps to ensure that English learners can access a meaningful education. This did not mean that all schools had to implement bilingual programs. However, they did have to offer some form of real and effective language support, such as ESL (English as a Second Language) programs trained in language teaching resources tailored to student needs.

Consequences for English LearnersIn 2001, the U.S. Congress passed an education law that promised to improve the quality of public education and close achievement gaps among students: the No Child Left Behind Act (NCLB). President George W. Bush signed this law, and while its intent was positive, its impact on multilingual learners (ELLs) was complex and, in many cases, problematic.NCLB's goal was to ensure that all students met high academic standards regardless of race, socioeconomic status, or English language proficiency. To achieve this, the law imposed:

• Annual standardized tests in reading and math from 3rd through 8th grade—public reports on school results.

• Punishments were made against schools that did not show progress ("Accountability").

• Requirement of "Highly Qualified Teachers" in all classrooms.

• All students, including those who had just arrived in the country or were beginning to learn English, were required to take the same standardized tests... in English.

This meant that many students were being tested in a language they had not yet mastered, and their results reflected their level of English more than their actual knowledge in math, science, or reading. Instead of helping them, the tests often made their real abilities invisible. In addition, schools with high percentages of ELLs often received penalties for not meeting standards.

This marginalized English learners even more. Instead of receiving personalized support, many were labeled "at risk" or "low performer," creating stigma and pressure for both them and their teachers. In addition, multilingual students began to be seen not as children with unique talents and abilities but as numbers that caused the school's statistics to drop.

This experience led many educators, families, and experts to demand change, which eventually led to a new law in 2015: the Every Student Succeeds Act (ESSA), which sought to correct many of these errors.

After more than a decade under the No Child Left Behind (NCLB) Act pressure, many schools, families, educators, and experts agreed that profound change was needed. Standardized assessments did not reflect authentic student learning, especially among English learners. Thus, the Every Student Succeeds Act (ESSA) was passed and signed in 2015 by President Barack Obama. This new law not only replaced NCLB but also attempted to correct many of its limitations, recognizing the diversity of the student body and promoting fairer educational practices. Unlike NCLB, which centralized control at the federal level, ESSA gave states more autonomy to design their evaluation systems, improvement plans, and support programs. However, it remained committed to equity and accountability. For English Language Learners (ELLs), ESSA was a big step toward inclusion:

• English proficiency became a key indicator of school success, attendance, and academic performance. This meant that learning English was no longer seen as a barrier but as a valuable achievement.

• States were required to set clear and reasonable goals for English language development, considering each student's initial level, age, and years of schooling.

• Assessments needed to be more valid, meaningful, and culturally appropriate. It was no longer just a matter of measuring with a standardized test but of using different types of instruments and methods that were more aligned with the reality of the classroom.

More space was opened for using the mother tongue in the classroom, collaboration between content teachers and ESL teachers was strengthened, and there was talk of "purposeful" assessments that measured and helped teach. For the students, it was a respite. They were no longer seen as a "performance problem" but as agents of their learning process.

We continue learning from the past while working toward a more just and meaningful future. Educational policies have evolved, but many challenges remain. Multilingual learners still face barriers—whether due to language, a lack of support, or standardized assessments that don’t accurately reflect their true abilities. Yet, there is also increased awareness, more advocacy, and more educators—like you—who are transforming the way we think about assessment.

In today’s classrooms:

• Authentic and student-centered assessments are increasingly valued.
  

• Languages and cultures are being seen as assets, not obstacles.
  

There is a growing understanding that assessment is not just a technical task—it’s a responsibility. To evaluate fairly is to see the whole student: their story, voice, skills, and their potential.