Title VII, Elementary and Secondary Education Act, Subsequent Amendments

1974 Reauthorization

Title VII was first reauthorized under Public Law 93–380, the Education Amendments of 1974. This reauthorization addressed most of the controversy that was occurring in the federal government over bilingual education. Although appropriations for Title VII, ESEA, had been increasing each year since 1968 (see Table 1), because of the lack of guidelines and voluntary participation, civil rights activists argued that an equal educational opportunity was not being offered to limited-English-proficient (LEP) students, also referred to as English language learners (ELLs). Two of the biggest influences on the 1974 reauthorization were the decision in the Lau v. Nichols court case and the Equal Educational Opportunity Act of 1974 (EEOA). The Supreme Court decision in Lau and its subsequent enactment as a separate act of Congress through the EEOA clearly established that language barriers foreclose meaningful instruction and that special programs were required to remedy the problem. Advocates promoted bilingual education as one of the preferred designs for such interventions.

The 1974 reauthorization of Title VII continued the federal government's assistance for bilingual education, but a tighter definition of bilingual education was crafted. Students in these programs continued to be labeled as having limited-English-speaking ability (LESA). Bilingual education programs were specified to include instruction in both the native language and English to allow students to receive meaningful instruction and progress through school. Whereas transition to English was promoted, maintenance programs were not precluded. Program funding eligibility was extended through high school, although the primary focus remained on the elementary school level. Full bilingual/bicultural approaches became the priority for grants. Programs that offered only English as a Second Language (ESL) instruction were deemed to be insufficient. The poverty requirement was dropped, and the law was extended to incorporate all LEP students, regardless of home language. Native American languages were specifically incorporated into this authorization, and funding would be provided to the Secretary of the Interior to provide bilingual education to Native American [Page 841]children. The federal government also took on a role in providing resources, such as teachers, curricula, and research, to aid local agencies in providing bilingual education.

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