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44 <strong>Language</strong> <strong>Planning</strong> <strong>and</strong> <strong>Education</strong><br />

monies to states replaces a system of competitive federal grants. One consequence<br />

is that state education agencies have greater control over disbursement<br />

decisions, meaning they can fund programs of their preference.<br />

4. Funding for programs for LEP students is increased (to at least $650 million<br />

annually). 11<br />

5. Accountability provisions are tightened. Schools are assessed annually on the<br />

percentage of LEP students reclassified as ‘English fluent’.<br />

6. All education programs, including those for LEP students, should be informed<br />

by ‘scientifically based’ research.<br />

7. A three-year time limit on enrolment in ‘bilingual programs’ is set, after which<br />

the child should transfer to a mainstream class.<br />

8. The Federal Office of Bilingual <strong>Education</strong> <strong>and</strong> Minority <strong>Language</strong> Affairs<br />

(OBEMLA) is retitled the Office of English <strong>Language</strong> Acquisition, <strong>Language</strong><br />

Enhancement <strong>and</strong> Academic Achievement for Limited English Proficient<br />

Students (OELA) (Crawford 2002).<br />

A number of commentators (e.g. Crawford 2002, Evans <strong>and</strong> Hornberger 2005) see<br />

in these changes a retreat from the bilingual education provision made available<br />

under Title VII, <strong>and</strong> certainly it would appear that the Act does strengthen the<br />

emphasis on English language acquisition at the expense of the development of home<br />

language skills. That said, it is too early yet, perhaps, to assess its longer-term impact.<br />

This brief overview has, of course, focused on federal policy <strong>and</strong> on legislation<br />

rather than implementation, both of which are significant restrictions in view of<br />

Ricento’s (1998: 92) claim that there has been ‘inadequate planning <strong>and</strong> allocation<br />

of resources to effectively implement legislative or judicial remedies’. The consequence<br />

has been hesitant <strong>and</strong> uncertain compliance with federal m<strong>and</strong>ates.<br />

A somewhat similar point is made by Macias (2000: 41), who points out that ‘the<br />

language needs of many LEP students are not being addressed, most are taught<br />

entirely in English, <strong>and</strong> there are not enough qualified teachers for either bilingual<br />

or English as a second language instruction’. Federal funding for LEP students has<br />

certainly increased, but it has never kept pace with the growth in LEP enrolments,<br />

as confirmed by G<strong>and</strong>ara (1999), who reports from California that in 1997, contrary<br />

to the Lau ruling, between 20 <strong>and</strong> 25 per cent of LEP students received no special<br />

educational services. She also says that only around 30 per cent of LEP students were<br />

in a bilingual program, <strong>and</strong> that over the decade leading up to 1996 the ratio<br />

of bilingual teachers fell from 1:70 to 1:98. Related research (e.g. G<strong>and</strong>ara <strong>and</strong><br />

Rumberger 2003) suggests meanwhile that underqualified teachers are much more<br />

likely to be found in schools serving poor or minority children. 12<br />

Such figures certainly undermine the assertions made by Proposition 227’s<br />

supporters about the failure of bilingual education. Far from failing, it would seem<br />

that in California at least the majority of LEP learners have never experienced<br />

bilingual education.<br />

By way of conclusion to this section, we highlight two general trends that seem to<br />

emerge out of the historical detail. First, notwithst<strong>and</strong>ing the fluctuations between

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