Bilingual Education Act, 1968
Elementary and Secondary Education Act
La Bilingual Education Act est la façon brève (titre court) d'appeler la loi de 1968 dont le nom était officiellement l’Elementary and Secondary Education Act (Loi sur l'enseignement primaire et secondaire) ou l'ESEA. La loi de 1968 a été renouvelée en 1994 en s'appelant l'Improving America's Schools Act (Loi améliorant les lois scolaires d'Amérique).
Traduit de l'anglais par Jacques Leclerc
BILINGUAL EDUCATIONAL PROGRAMS
(a) Title VII of the Elementary and Secondary Education Act of 1965 is amended to read as follows :
TITLE VII — BILINGUAL EDUCATION
This title may be cited as the ‘Bilingual Education Act’.
(a) Recognizing —
(1) that there are large numbers of children of limited English-speaking ability;
(2) that many of such children have a cultural heritage which differs from that of English-speaking persons;
(3) that the use of a child's language and cultural heritage is the primary means by which a child learns; and
(4) that, therefore, large numbers of children of limited English-speaking ability have educational needs which can be met by the use of bilingual educational methods and techniques; and
[ « (5) that, in addition, all children benefit through the fullest utilization of multiple language and cultural resources,
Congress hereby declares it to be the policy of the United States to
(1) encourage the establishment and operation of educational programs using bilingual educational methods and techniques and
(2) for that purpose, provide financial assistance to local educational agences in order to enable such agencies to carry out such programs in elementary, including preschool and secondary schools which are designed to meet the educational needs of such children.
(b) Except as is otherwise provided in this title, for the purpose of carrying out the provisions of this title, there is authorized to be appropriated $135,000,000 for the fiscal year ending June 30, 1974; $145,000,000 for the fiscal year 20 ending June 30, 1975; $155,000,000 for the fiscal year ending June 30, 1976; and $175,000,000 for the fiscal year ending June 30, 1977; and there is further authorized to be appropriated for such purpose for each of such fiscal years such additional sums as the Congress may determine. From the sums so appropriated for any fiscal year —
(1) the Commissioner shall reserve 15 per centum for training activities as part of bilingual education programs pursuant to clause (1) of subsection (a) of section 721;
(2) the Commissioner shall reserve 50 per centum of that part thereof which is in excess of $35,000,000 but less than $60,000,000 for purposes of training activities pursuant to clauses (1) and (3) of subsection (a) of section 721, and shall reserve for such purposes 40 per centum of that part thereof which is in excess of $60,000,000; and
(3) the Commissioner shall reserve from the amount not reserved pursuant to clauses (1) and (2) of this subsection such amounts as may be necessary, but not in excess of 10 per centum thereof, for the purposes of sections 731, 732, and 743.
DEFINITIONS / REGULATIONS
(a) The following definitions shall apply to the terms used in this title :
(1) the term ‘limited English-speaking ability’ with respect to children or other persons means —
(a) children or persons who were not borne in the United States and whose native language is a language other than English; and
(b) children or persons who were borne in the United States and whose parents do not speak English; and
(c) other children /including such children who are native Americans), or persons, as further defined by the Commissioner by regulation, who come, from environments where a language other than English is dominant; and, by reason thereof, have difficulty speaking and understanding instruction in the English Language.
(2) The term ‘native language’ when used with reference to a child or person of limited English-speaking ability means the language normally used by the child or person or, in the case of a child, the language normally used by the parents of the child, or in the environments from which the child comes.
(3) The term ‘low-income’ when used with reference to a family means a family which has the amount specified as a low-income factor in section 103 (c) of title I of the Elementary and Secondary Education Act of 1965, or which receives payments under a program of aid to families with dependant children under a State plan approved under title IV of the Social Security Act.
(4) (a) The term ‘program of bilingual education’ means a full-tune program of instruction for children of limited English-speaking ability and for English-speaking children who desire to participate in such program in which —
(i) there is instruction given both in the native language of the child and in English and given with appreciation for the cultural heritage of the child in all those courses or subjects of study which are required of a child in elementary school, or secondary school, as the case may be, by or pursuant to, the law of the State;
(ii) both the native language of the child and English are studied, including speaking, reading, and writing;
(iii) there is study of the history and culture of the nation, territory, or geographical ares with which the child's native language is associated and of the history and culture of the United States; and
(iv) the requirements in subparagraphs (B) through (D) of this paragraph and established pursuant to subsection (b) of this section are met.
(b) In such courses or subjects of study as art, music, and physical education, a program of bilingual education shall make provision for the participation of children of limited English-speaking ability in regular classes. In such courses or subjects of study the language and cultural heritage of the children of limited English-speaking ability participating shall be used to the extent appropriate to the subject matter and the English-speaking ability of such participating children therein.
(c) A program of bilingual education shall make provision for the voluntary enrollment therein, on a regular full-time basis, of children whose language is English, in order that they may learn the language and cultural heritage of the children of limited English-speaking ability for whom the particular program of bilingual education is designed. In no case shall the number of children whose dominant language is English constitute more than one-half of the total number of children participating in a particular program of bilingual education.
(d) Children enrolled in a program of bilingual education shall, if graded classes are used, be placed to the extent practicable, in classes with children of approximately the same age and level of educational attainment. If children of significantly varying ages or levels of educational attainment are placed in the same class, the program of bilingual education shall make special provision to insure that each child is provided with instruction which is appropriate for his or her level of educational attainment.
(e) An application for a program of bilingual education shall be developed
(b) The Commissioner, by regulation, shall establish with respect to programs of bilingual education, minimum requirements regarding pupil-teacher ratios, teacher qualifications, and certification, and other factors affecting the quality of instruction offered in such programs. In prescribing regulations under this subsection, the Commissioner shall consult with State educational agencies, appropriate organizations representing bilingual parents and children, and appropriate organizations representing bilingual teachers and educators.
[ « PART A - FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION PROGRAMS
[ « BILINGUAL EDUCATION PROGRAMS
[ « SEC. 721. (a) Funds available for grants under this part shall be used for —
[ « (1) the establishment, operation, and improvement of bilingual education programs, including auxiliacry and supplementary training programs for persons preparing to participate, or persons participating in such programs;
PROGRAMMES D'ENSEIGNEMENT BILINGUE
(a) Le Titre VII de la Loi sur l'enseignement primaire et secondaire de 1965 est modifiée comme suit:
TITRE VII - ÉDUCATION BILINGUE
Le présent titre peut être désigné comme la «Loi sur l'éducation bilingue».
(1) encourager l'établissement et le fonctionnement des programmes éducatifs employant des méthodes et techniques bilingues éducatives et
(2) à cette fin fournissent l'aide financière aux agences éducatives
locales pour permettre à ces agences d'effectuer de tels programmes au
primaire, comprenant les écoles maternelles et secondaires conçus pour
répondre aux besoins éducatifs de ces enfants.
DÉFINITIONS / RÈGLEMENTATION
(a) Les définitions suivantes s'appliquent aux termes
employés dans ce titre:
(b) Le Commissaire, par règlement, fixe en ce qui concerne les programmes d'éducation bilingue des exigences minimales quant aux proportions d'enseignant-élèves, aux qualifications et certifications des enseignants ainsi que d'autres facteurs touchant la qualité de l'instruction dispensée dans ces programmes. En prescrivant des règlements en vertu du présent paragraphe, le commissaire doit consulter les organismes de l'État en éducation, ainsi que les organisations compétentes représentant les parents et les enfants bilingues, les enseignants et les éducaeurs bilingues.
PARTIE A - AIDE FINANCIÈRE POUR LES PROGRAMMES
Histoire sociolinguistique des États-Unis