Would Impose Arbitrary Limits on English Language Instruction in Public Schools

Ballot Measure 58 is sponsored by Bill Sizemore. Measure 58 would significantly limit the amount of time a student who is “not proficient in English” and a student for whom “English is a second language” would be allowed to participate in “English immersion classes.”  None of these terms is defined. Students entering public school in grades K-4 would have to be taught exclusively in English after one year; students entering in grades 5-8, exclusively in English after one and a half years; and for those who enter in grades 9-12, exclusively in English after two years.

This is part of an ongoing nationwide “English-only” effort.

Measure 58 would eliminate local control by school boards, educators and families and replace it with a one-size-fits-all approach that would hurt students who are not able to become completely fluent in English within a relatively short period of time.

Indeed Measure 58 is so poorly worded that it would require more laws or court decisions to determine what it means. Measure 58 runs the risk of being in conflict with federal equal education opportunity requirements and jeopardizing federal funding. Title VI of the Civil Rights Act of 1964 prohibits discrimination based on “race, color or national origin.”

Children and teachers need flexibility based on how quickly a child is learning and the complexity of the subject matter. (Measure 58 would eliminate the ability of teachers to teach primarily in English while using the students’ native language as a secondary tool.) When students cannot use the tools they need to for successful instruction, they often drop out, hampering both the educational and economic success of recent immigrants.

The ACLU opposes attempts to deny equal access to education based upon a students’ national origin.

Recommendation: The ACLU of Oregon Opposes Ballot Measure 58.