Fall, 2003
 
     
 

Court Turns Down ProEnglish v. Bush Appeal
ProEnglish chairman says legal challenge far from over

     A three-judge panel of the 4th Circuit Court of Appeals refused to overturn a lower court decision dismissing ProEnglish's lawsuit challenging the constitutionality of Executive Order 13166 (EO 13166). The appeals court ruled against the appeal in ProEnglish v. Bush even though the court agreed with ProEnglish that U.S. District Court Judge Leonie Brinkema had fundamentally erred in her main argument that EO 13166 was not yet in effect and therefore "not ripe" for judicial review.
     EO 13166 requires all agencies and individuals receiving federal funds to pay for and provide interpreters or translations for non-English speaking immigrants, or risk prosecution for violating their civil rights. President Clinton issued the unprecedented decree without warning in the closing days of his administration. But President Bush has chosen to keep it in place and push for its implementation. In addition to the fact that it was never approved by Congress, the order imposes another multibillion-dollar un-funded mandate on state and local governments: it covers doctors and me dical providers who participate in Medicaid and Medicare, thus adding billions of dollars of costs to a health care system already in crisis.
     In March 2002, ProEnglish and three physicians filed suit in federal court charging that EO 13166 was unconstitutional and amounted to a government policy of compulsory multilingualism disguised as the enforcement of "civil rights." In August 2002, U.S. District Judge Leonie Brinkema dismissed ProEnglish's case basing her action on the "ripeness argument." ProEnglish's appealed that decision to the 4th Circuit, but in vain.
      In response, ProEnglish chairman Bob Park said, "Although the ruling is a disappointment, I want to assure our supporters that our court challenge to EO 13166 is far from over. Because our suit was dismissed without prejudice we have the option to re-file it whenever we wish. In fact we believe their knowledge of that fact was the main reason the 4th Circuit panel ruled against us, even though they agreed with us that Judge Brinkema's reasoning was wrong. So now we are gathering more evidence to build an even stronger case and as soon as we are ready, we will re-file."

On Capitol Hill
Official English Bill Nears 100 Co-Sponsors
     As of the August recess, the English Language Unity Act (HR 997), which declares English the official language, had attracted 92 congressional co-sponsors including both Republicans and Democrats. The bill, which was introduced in February by freshman Representative Steve King (R-Iowa), is picking up the kind of bipartisan support and endorsements of powerful committee chairmen that make it increasingly hard for the House Republican leadership to ignore.
      "Because of Rep. King's hard work, HR 997 is gaining momentum and we believe that it will surpass 100 cosponsors soon after Congress returns. Right now the biggest obstacle the bill faces is opposition from the Bush Administration," noted ProEnglish director KC McAlpin. "But with enough public support even that can be overcome," he added. McAlpin urged ProEnglish supporters who may have been holding back to contact their congressional representatives and make their opinions known.
      To call your congressman, you can find your Congressman' s contact info here. Or use ProEnglish's new Legislative Action Center Fax System by clicking here.
Rep. Bob Stump: In Memoriam
     Retired U.S. Rep. Bob Stump, one of the best champions the official English movement ever had in Congress, died of a rare blood disorder, myelodisplasia, on June 20th, 2003. The Arizona congress- man served as chairman of the House Armed Services Committee prior to retiring in 2002, due to his health.
     At age 16 he enlisted in the Navy and later fought in the Pacific at the battles of Iwo Jima and Okinawa. Stump was elected to Congress as a Democrat in 1976, before switching parties in 1981 to become a Republican. Known to his colleagues for his quiet, self-effacing manners, besides championing English as the official language, Stump was known as a fighter for veterans' health benefits, and fair pay for the military. Stump also led the effort in Congress to revoke Executive Order 13166 through legislation.
      Reacting to the news of his death ProEnglish chairman Bob Park said, "We are deeply, deeply saddened by his passing." He called Rep. Stump, "a true patriot" and "a man of quiet courage whose presence will be deeply missed."

Bill to Revoke Executive Order 13166 Attracts Support
     HR 300 is a bill to repeal Executive Order 13166 (EO 13166 - see story on p.1). Introduced in the House by Representative Peter King (R-NY), the bill has garnered strong bipartisan support and a list of 70 co-sponsors as of the August congressional recess. To find out whether your congressman is a co-sponsor, please click here for information about your congressman, or here to see a list of the cosponsors
       Congress, which in theory controls the purse strings under our system of government, has special reason to revoke this unprecedented administrative decree. Unless it's revoked, EO 13166 will force the expenditure of tens of billions of dollars at the federal, state, and local levels to provide interpreters and translations for dozens if not hundreds of foreign languages. Simply put, EO 13166 is the mother of all un-funded mandates. Congress was not even notified before it was issued.

Dispatches from the Bilinguad-Ed. Battlefront
Bloomberg Caves on English Immersion Pledge
       New York City Mayor Michael Bloomberg, throwing good money after bad, has decided to increase the city's funding of bilingual education by $20 million, in direct violation of a campaign promise in support of English immersion.
       An education policy paper issued by Bloomberg's successful 2001 mayoral campaign stated, "There must be total (English) immersion for youngsters." Bloomberg tried to dodge questioning of his flip-flop on the issue; "There is no easy answer," Bloomberg waffled, concluding that bilingual education was "a very complex thing."
      The Mayor's words continue to contradict his actions. "I have never wavered from my belief that if you do not speak good English and have good academics that you will not be able to share in the American dream the way everybody would like to. I have never changed my view," Bloomberg said at the June 25 news conference where he announced the increased funding for bilingual education.
      An October 2002 Lexington Institute study found that more than 83 percent of New York City students who entered bilingual programs in the ninth grade were not proficient enough in English to test out of the program after four years. It also showed that even after nine years of bilingual education, more than 16 percent of all city students had failed to become fluent enough in English to enter mainstream classes.
      In 2001, the Advocates for Children of New York along with The New York Immigration Coalition published a similar report, finding that for the class of 2001, "nearly one-third of English Language Learners (ELLs) dropped out within four years" with "fewer than 30 percent graduating during that span." In contrast, the report noted that among former ELLs who gained enough proficiency to go to regular classes, 60 percent graduated within four years-a higher percentage than students who grew up speaking English. "This is very sad because Bloomberg knows better," said ProEnglish executive director K.C. McAlpin. "His actions are condemning many innocent children to the prison of bilingual education, from which they are unlikely to escape."

Mass Governor Romney Vows Voters to Have Last Say on Immersion
     
Last year Massachusetts voters passed a referendum by the highest margin ever recorded in the state --68 percent-- requiring all non-English-speaking students to be placed in English immersion classes for one year from day one of their school careers. But this summer their elected representatives in the Democratic-controlled state legislature acceded to the demands of the state's politically powerful bilingual education industry, and created loopholes in the law that will leave some students trapped in native-language classes.
      Dr. Rosalie Porter, co-chair of English for the Children Massachusetts warned that a school district could manipulate the law by putting one English-speaking student in a bilingual education classroom and calling it "dual immersion," which are now exempted from the law. Kindergarten-aged children, who are the most capable of learning a new language quickly, can also be exempted in favor of native language instruction. An exemption available for children with "limited formal schooling" is another huge loophole that could be applied to many immigrant children.
      Republican Governor Mitt Romney fought heroically for the voter-adopted immersion law. But his repeated vetoes were overridden by a legislature intent on following the dictates of the bilingual education lobby. Romney denounced the legislature for its "unfathomable arrogance" in overturning the people's will, and vowed to make it an issue in future elections. "English immersion passed by an overwhelming majority. To then create loopholes large enough that can be used to abuse that direction is wrong, and it is arrogant," Romney said. "As a result, . . . we're going to campaign hard to do everything possible to ensure that people who are in the legislature are individuals that will follow the will of the people, …" he added.

Study links English skills to Hispanic dropout rate
     
The high-school dropout rate among Hispanics remains stubbornly high, due to a massive influx of immigrants who do not speak English, according to a new study released by the Pew Hispanic Center.
      While native-born Americans showed dramatic improvements in graduation rates, the dropout rate among Hispanic immigrants rose. Also, immigrants, who are far more likely to drop out of school, make up a growing share of the Hispanic population. Nearly 40 percent of fifteen-to-nineteen year-old Hispanic immigrants leave school without graduating.
      The high dropout rate is closely related to a lack of fluency in English. The dropout rate for Hispanic students who did not speak English well (59 percent) was more than four times higher than the dropout rate of Hispanic students who spoke English at home (13 percent).
      The report concludes that American schools must do a better job of teaching Hispanic youths English. California has seen its students' test scores rise dramatically following the implementation of the state's English immersion law and other educational reforms. The state's dropout rates plunged over 30 percent, while states like Texas and Florida where many immigrant children remain trapped in bilingual education classes, saw their rates rise sharply.
      The data behind the Pew report also suggest that the dropout problem is due largely to continuing mass immigration. Among native-born Hispanics, the dropout rate has improved steadily over the last decade, although it is still relatively high compared to the dropout rates for whites, blacks and Asians. Hispanic immigrants, however, are nearly three times more likely than native-born Hispanics to drop out of school and their dropout rate is rising. The report analyzed data from the 1990 and 2000 Census.

Vietnamese-Speaking Student, Forced into Spanish Bilingual Education Classes, Sues
     From Wisconsin comes the story of another non-English speaking immigrant student who, despite his parents' strong objections, was forced into a bilingual education class taught almost entirely in Spanish.
      Unfortunately, the student didn't speak Spanish either.
      Kiet Tran, 15, was brought to the United States in April 2002 after his Vietnamese mother married an American from Wisconsin. Although he knew no Spanish, he was forced into bilingual education classes taught entirely in Spanish for three hours a day. His stepfather, John Gardner, petitioned the school system to get Kiet removed from the bilingual education classes, without success. The family eventually had to move out of the school district in order to extricate Kiet from the bilingual education program. The Gardners are now suing the district and its officials.

Denver Students Thrive When Tested in English
     In Denver, Colorado, school children are switching to tests in English, and thriving. The number of students taking the Colorado Student Assessment Program (CSAP) test in Spanish there has dropped by nearly half over four years.
      Bilingual supporters had objected to letting Spanish-speaking students take their academic tests in English. They said the students would score lower, damaging their self-esteem and harming their educational progress. Yet, early test scores show improvements as great as 30 percent.
      Denver's chief academic officer Sally Hay told the Rocky Mountain News: "There has been a great focus in the last number of years on strengthening the [English language acquisition] program; this is a natural outgrowth of that." Four years ago, the Denver public school system got approval to reform its bilingual-education program. The new plan, implemented last year, requires schools to prepare students for mainstream English-language classes within three years. Maintenance of Spanish language is no longer a top priority of the program.
      Several other major Colorado school districts are making similar changes, including Aurora, which is second to Denver in the number of Hispanic students enrolled.

Non-English speaking trucker charged in vehicular homicide
     
A commercial truck driver whose English was so bad that he could not communicate with police ran a stop sign in Slippery Rock, Pennsylvania, this past July crashing into North Carolina family's car. Killed in the crash were Kenneth and Janet Kerr, both age 35, their two daughters ages 16 and 13, and their 4 year-old son.
     Authorities investigating the tragic accident were mystified how the Bosnian-born trucker, Ejub Grcic, 54, was able to obtain a valid Utah commercial driver's license. Grcic is part owner of EH Transport, a one-truck business in West Valley, Utah. Brandon Olsen, head of training at Mountain West Commercial Driver's License School in Salt Lake City, Utah, was equally perplexed. According to Olsen, "You have to have some ability to speak English. . . To be a trucker, you have to. It's the law."
       But according to news reports Grcic, who speaks Croatian, needed an interpreter to communicate with police called to the scene of the accident. He also needed an interpreter at his subsequent court arraignment. Among other things authorities wanted to know why Grcic's rig was traveling on a rural road just prior to the accident. Police reports said the 40-ton tractor-trailer was far too heavy for the road, which had posted signs proclaiming a 10-ton weight limit.
      According to the Federal Motor Carrier Safety Administration's regulations for state driver qualifications, Section 391.11, commercial driver's license holders are supposed to be able to "read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in English, to respond to official inquiries and to make entries on reports and records."
       "It's terrible events like the death of an entire family in Slippery Rock, Pennsylvania that makes us angry that the Federal Motor Carrier Safety Administration decided to withdraw its proposed national English standard for commercial truck drivers," said ProEnglish executive director KC McAlpin (see related article). "If the drivers of 80,000 pound rigs don't know English, the lives of every member of the public who use U.S. roads and highways are in danger."

Employment heaven
"There are newly created jobs all over the country."

- Walter Bacak,
executive director of the American Translators Association,
commenting on the exploding demand for translators due to the influx of non-English speaking immigrants and Executive Order 13166's mandate for state and local government agencies to provide them with free translation services.

The Washington Post, "Translation Transformation," July 9, 2003.

 

Tracking the Administration
Bush appoints multilingual zealot to civil rights post
      President Bush has elevated R. Alex Acosta to be Assistant Attorney General for Civil Rights at the U.S. Department of Justice.
      Prior to his appointment, Mr. Acosta served as Principal Deputy Assistant Attorney General in the Justice Department's Civil Rights Division. Mr. Acosta's nomination was endorsed by a number of left wing interest groups who credited him with playing a key behind the scenes role in persuading the Bush Administration to retain President Clinton's Executive Order 13166, despite strong opposition from English language advocacy groups like ProEnglish and many of the administration's political allies.
      Acosta-a Harvard Law School graduate and the son of Cuban immigrants-was endorsed by the National Council of La Raza, the National Asian Pacific American Legal Consortium, and the Arab American Institute, among others. Vincent Eng, legal director of the National Asian Pacific American Legal Consortium, said of Acosta, "He definitely knows how to work the system in order to accomplish things." Acosta will become the first Hispanic to head the Civil Rights Division.
      But Acosta's support for compulsory multilingualism drew fire from official English supporters who argue that discrimination based on the ability to speak English is not prohibited by the Constitution or civil rights law.
      "Our common language is the most important part of the national glue that holds us together," commented Roger Clegg, general counsel of the Center for Equal Opportunity. "It is important for our government to encourage people to become fluent in English and to be careful about removing incentives for learning English."
 
FMCSA scraps English fluency standard for truck drivers
     
The Federal Motor Carrier Safety Administration (FMCSA) has dropped a proposal to standardize English fluency requirements for truck drivers, claiming there is not enough data to support such changes.
      In 1997, the Federal Highway Administration (which at the time was in charge of motor carrier safety) proposed regulations requiring that commercial vehicle drivers in interstate commerce be able to "read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records."
      The idea was to update a rule from the 1930s that made employers responsible for evaluating a driver's proficiency in English. Currently, there is no provision for roadside enforcement and English proficiency is not a federal pre-requisite for a Commercial Drivers License (CDL). In fact, CDL rules allow states to give driving tests in foreign languages.
      Public debate on the proposal centered on whether therxe should be a definitive standard, whether the rules should be more stringent, and whether they violate federal discrimination laws. "The rule as written gives carriers the flexibility to individually determine if a driver has the communication skills necessary to operate safely," the agency concluded. The agency further said it found no inconsistency in the fact that states are allowed to offer CDL tests in foreign languages but carriers must ensure an undefined level of proficiency in English. "The tests, training, and study manuals associated with obtaining a CDL are complex," said the FMCSA. "Therefore, the administration of the CDL test in languages other than English is justified. However, in actual operation on the highway, the CDL driver must be able, based on the needs of the carrier's operation, to have a sufficient command of English to ensure that safety is not compromised."
      ProEnglish chairman Bob Park reacted angrily to the FMCSA's retreat on English fluency standards for commercial truck drivers. "In effect, the federal agency charged with ensuring highway safety has backed away from its responsibility for fear of offending multicultural interest groups, raising the danger to the traveling public," he said. "Not enough data to support the changes? Tell that to the authorities in Slippery Rock [see related story], who can't even talk to the commercial trucker who recently plowed into and killed a family of five, because he can't read or speak the English language," he added.

Official Klingon?
      When mental health officials in Multnomah County, Oregon, made an earnest attempt to implement Executive Order 13166 (see story, page 1) and compiled a list of 55 languages for which they needed interpreters, they included "Klingon."
      Don't be surprised if you're never heard of Klingon. The Klingon "language" was invented in 1985 for one of the alien races on the popular Star Trek series of television shows and movies. There have even been three books published in Klingon: translations of Gilgamesh, Hamlet, and Much Ado About Nothing. "We have to provide information in all the languages our clients speak," said Jerry Jelusich, procurement specialist for the Multnomah County Department of Human Services, which has about 60,000 mental health clients.
      The county's announcement that it was searching for interpreters of a fictional language native only to people who thought they were extraterrestrials drew scores of derisive newspaper articles nationwide. Faced with becoming a laughingstock, the county withdrew the announcement. "It was a mistake,"said Multnomah County chair Diane Linn, "and a result of an overzealous attempt to ensure that our safety net systems can respond to all customers and clients." Apparently, Multnomah County officials never heard of the Klingon proverb,
"Motives are insignifcant." (English translation)

Arizona Schools Superintendent Champions English Immersion
     In a recent letter to the editor of The Arizona Republic, Arizona's superintendent of public instruction, Tom Horne, stood up for English immersion and against bilingual education, on the basis of the results they produce.
      Citing his own professional experience and a recent analysis in the Fall 2002 issue of Harvard's Education Next magazine, Superintendent Horne championed the superior results of English immersion classes.
      "I have been in a number of English immersion schools where at least 85 percent of the students become orally proficient in English in one year and fully proficient in reading and writing within three years," Horne wrote. "Leonard Basurto, director of Arizona's largest bilingual program, testified at the [state] legislature that in a bilingual program, it takes seven years for a student to become proficient in English. A student who came to the United States at age 12 would graduate from high school without ever becoming proficient. That anyone would try to perpetuate a program that takes seven years to bring students to English proficiency is scandalous."
      Horne, in citing the Education Next analysis, pointed out that English immersion students outperform bilingual education students by staying in school longer, going on to college more often, achieving a higher average income as adults, and by entering into high-status occupations almost twice as often as bilingual education students.
      According to the analysis by Prof. Joseph Guzman of Georgetown University, "The clear indication is that any positive returns owing to bilingual instruction are outweighed by the associated costs of delaying transition to English. … For children who have not achieved English fluency by the 1st grade, the clock is ticking; not attending to deficiencies in English by the critical age of five or six makes catching up much more costly. It is imperative that the English deficiencies of these children be fully addressed sooner rather than later."
     The full text of Prof. Guzman's analysis is available at www.educationnext.org.

Where's the 'E'?
MA English Teachers' Rep says English kills culture
     
MATSOL is an organization of English-as-a-second-language (ESL) instructors in Massachusetts who teach people English for a living. It's the state affiliate of a national organization called TESOL, which stands for "Teachers of English to Speakers of Other Languages."
       Most TESOL state affiliates have names like NYTESOL in New York, CATESOL in California, or MITESOL in Michigan. But in a letter to the organization's journal, TESOL Matters, MATSOL President Zoe Morosini explained why there's no "E" in MATSOL: "Naming MATSOL without the 'E' [for 'English'] was intended to be more inclusive."
       When the citizens of Massachusetts voted by an overwhelming 68 percent margin last fall to scrap bilingual education after decades of failure, MATSOL condemned the vote and urged the legislature to ignore the voters' will. Contrary to the real-life experience of many of its members, the organization argued that English immersion was not effective for teaching English. The organization sent letters to legislators claiming that a similar measure had "failed miserably" in California, even though the test scores of English language learning students in California have soared since English immersion was implemented there.
       When ESL teacher Tom Griffith wrote to TESOL Matters suggesting MATSOL faced an identity crisis as a result of the MA referendum, and urging the teaching of both English and American values to immigrant children, MATSOL recording clerk Margaret Adams fired back: "The role of assimilation also has no place in English as a foreign language instruction... The 'English' that Griffith advocates is a killer because it destroys [the culture of] immigrant children."
      ProEnglish finds it both sad and ironic that a group supposedly formed to promote excellence in teaching English is so adamantly opposed to the most effective method for teaching it, and so fearful and guilty about the universal appeal that American values have for people around the world that it would ban the very word "English" from its name.

Hispanics See No Need for Expanded Government Translation Services
     A new survey of Hispanics proves once again that the demand for expanded translation services mandated by Executive Order 13166 (EO 13166) comes from multicultural ideologues intent on fracturing U.S. society along linguistic and cultural lines, and not from non-English-speaking immigrants themselves.
      A CBS News/New York Times nationwide poll of 1,074 Hispanics found that most (48 percent) felt the government was providing enough translation and interpreter services and almost one in four (23 percent) felt the government was doing too much in this regard. Even those Hispanics who took the survey in Spanish felt the same; only 21 percent of the Spanish-speaking respondents felt the government should be doing more.
      The poll also showed a sharp linguistic divide between U.S.-born Hispanics, 79 percent of whom are likely to speak either English only (48 percent) or a mixture of English and Spanish at home (31 percent), and foreign-born Hispanics, 71 percent of whom speak only Spanish at home.
  Reacting to the survey findings ProEnglish executive director KC McAlpin said, "The Bush Administration and every member of Congress should look at this poll and ask themselves why they are letting multicultural activists force government agencies to waste billions of dollars on expanded translation services that nobody wants." He urged Congress to take up and pass H.R.300, a bill to revoke EO 13166, the executive order that forces government agencies to provide greatly expanded translation and interpreter services (see story p. 2).

In The Courts:
E.E.O.C. Attack on English Workplace Rule Defies 9th Circuit Ruling
     As readers of The ProEnglish Advocate know, one of ProEnglish's current projects is helping an Arizona couple named the Kidmans who are being charged with illegal discrimination in federal court by the Equal Employment Opportunity Commission (EEOC) for having an English-on-the-job rule at their restaurant. The EEOC filed its suit in open defiance of an earlier case, EEOC v. Spun Steak, in which the 9th Circuit Court of Appeals told the EEOC it was acting beyond its legal authority when it brought an almost identical lawsuit against an employer with an English on-the-job rule ten years ago.
     Recently, ProEnglish executive director K.C. McAlpin had the chance to interview Ken and Dora Bertlesen, owners of the Spun Steak Company that was the target of the earlier EEOC lawsuit. When a federal judge sided with the EEOC and said they were violating the law because they had an English on-the-job rule at their meat processing business, the Bertlesens made the courageous decision to appeal the ruling to the 9th Circuit Court of Appeals. The Bertlesens were vindicated when a 9th Circuit Court panel overruled the lower court. "The main difference in the two cases," said McAlpin, "was that instead of Navajo-speaking employees abusing non-Navajo speaking [Navajo] employees in the Navajo language, at Spun Steak it was a case of Spanish-speaking employees abusing African-American and Chinese-American employees in Spanish."
      But even though the Bertlesens won their case and generated headlines across the country, it was a costly victory; the Spun Steak owners spent over $300,000 in legal fees defending themselves, none of which was ever recovered.
      The Bertlesens' story and the fact that the EEOC is defying the 9th Circuit by once again suing an employer for having an English on-the-job rule is an example of the contempt anti-English bureaucrats in the EEOC have for the rule of law.

Juror's lack of English triggers new trial
     The Wisconsin Supreme Court has thrown out a rape conviction because one the jurors didn't understand English well enough to hear the case.
     Although the man, a Laotian immigrant, had checked "no" on the questionnaire to prospective jurors, his answer was accidentally overlooked and he was assigned to the trial for sexual assault. None of the lawyers noticed his language inability during pre-trial questions, nor did any fellow jurors mention the situation to the judge.
      The accused will receive a new trial.

 

 
   
     
 
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