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Title VII, Elementary and Secondary Education Act, Key Historical Marker

The law known as the Bilingual Education Act of 1968, or Title VII of the Elementary and Secondary Education Act (ESEA) of 1965, was without a doubt the most important state or federal legislation in support of bilingual education in the United States. Over the 30 years of its existence, Title VII was the vehicle for distributing federal funds for bilingual education in all states plus Puerto Rico; Washington, D.C.; and American territories. In addition to funding public schools, Title VII also provided support for research, teacher training and retraining, technical assistance, a national information clearinghouse, curriculum materials development, and other aspects of program design and implementation. Little wonder that the work of this funding program received much attention and scrutiny by critics of bilingual education almost from its inception.

While initial funding was small, Title VII offered grant makers great flexibility over what to fund, provided by statutory language allowing funds to be distributed for program operations but also for “planning and taking other steps” to support innovative programs of education. The record shows that the act was used, imaginatively, for a number of important improvements. The same flexibility was used by administrations of both parties to slow down or accelerate aspects of the program that were preferred or disdained by the various commissioners and secretaries of education over the life of the program, an example being the hostility toward the program that prevailed during the years William J. Bennett served as secretary of education. During this period, programs of English-only instruction were favored over those that relied on home languages other than English. Conversely, during the Clinton administration, funding decisions favored programs in which the non-English home language was used in a program design known as dual-language immersion or two-way bilingual.

Background

At the time the U.S. Congress took up the Title VII amendment to the ESEA, only a few projects in bilingual education existed around the country. Arguably, widespread experience with the concept of bilingual education was not what motivated the Congress to action. The concept had yet to prove itself on a large scale, and other factors were at play. First, state administrators of the major funding source for poor children, Title I of ESEA, were often inattentive to the language barrier between schools and ethnic minority children. Title I, a formula-driven source of federal funds, tended to focus on the needs of African American children in urban areas and poor White students in small towns and rural Appalachia. Latino and other language minority children did not receive much attention, even though the primary requirement of poverty was often met by those children and the schools they attended.

An important factor that may have contributed to the passage of Title VII as a focused discretionary program was the beginning of political activism by Latinos in California, Florida, New York, and Texas. “Viva Kennedy” clubs had delivered large numbers of votes for the Democratic Party in 1960. President Johnson had a strong base of support among Mexican Americans in Texas, and his party was losing support due to the mishandling of the war in Vietnam. It was time to return to “the base” of the party. Lyndon Johnson had befriended many political leaders in South Texas for years. His closeness to Mexican American voters was a factor that had led to his election to the U.S. Senate in 1948. Johnson had won the Democratic primary, in which vote fraud in a Mexican American town gave him an 87-vote margin over his opponent. “Box 13,” as the scandal came to be known, had allowed Johnson to move from the House of Representatives into the U.S. Senate. Overall, support for the Title VII bill was good, and the sponsoring senators had strong support in their respective states. In short, passage of the bill was not difficult because there was no organized opposition. There is no evidence that the bill was an attempt to repay political favors by one party or the other. But the bill's bipartisan sponsorship was an indication that the bill was meant to appeal to the growing minority constituency in the three states with the largest numbers of Latino voters.

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