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 Original URL:
http://www.denverpost.com/Stories/0,1413,36%257E73%257E942361,00.html 
Campaign against 31 based on distortions  
By Al Knight 
Denver Post Columnist 
Wednesday, October 23, 2002  
The well-financed opponents of this year’s English-language education 
amendment have decided not to defend the existing bilingual instruction program 
that is widely recognized as an instructional failure. They have instead floated 
a series of bogus claims suggesting the corrective provisions of the amendment 
would deprive non-English-speaking students of instruction, punish innocent, 
well-meaning teachers and increase the taxes of every Colorado voter.  
 
Now, it is true that initiative campaigns have never been models of scholarly 
debate, but even by historical standards, 
this year’s campaign against Amendment 31 is setting records for deceit and 
distortion.  
 
It is eerily similar to earlier campaigns involving school vouchers, and no 
wonder. In each case, the educational establishment rallied together to make 
sure that the taxpayers wouldn’t start to think they actually had some say in 
how the 
public schools operate. This year the education wagons have been circled again 
to make sure that no one interferes in how 
tens of thousands of non-English-speaking students are taught.  
 
The campaign of distortion has three components, each more questionable than the 
last.  
 
The first is that the amendment will deprive students of needed instruction. The 
opposite is true. The amendment requires that English learners be given English 
instruction. The amendment’s core purpose is to make sure this instruction is in 
English. This is not revolutionary. Non-English-speaking students from scores of 
countries already receive instruction in English. What Amendment 31 would do is 
require the same type of instruction for thousands of Spanish-speaking students, 
mostly from Mexico, who are currently being taught in Spanish. The amendment’s 
opponents haven’t said much about why a teaching technique that works for 
students from other countries can’t work with students whose native language is 
Spanish. Nor have they argued that the English immersion technique doesn’t work. 
They have ignored that fact and instead have used fetching photos and whispered 
slurs to indicate that the meanies behind Amendment 31 are trying to deprive 
deserving students of crucial instruction.  
 
The second claim is that the amendment will subject ordinary teachers to 
lawsuits and bar them from future education 
employment. This is a whopper. The amendment provides only two grounds for a 
lawsuit. The first is against a school official who “willfully and repeatedly” 
subverts the intent of the amendment, which is to provide English instruction to 
every 
non-English-speaking student. One newspaper columnist has claimed that teachers 
who include Spanish words in spelling 
tests could be sued. Others have said teachers could be sued if a student didn’t 
learn English. What nonsense. These folks 
haven’t read the amendment or couldn’t understand it. The amendment creates the 
right to sue for a limited class of parents, but these suits could not be 
reasonably filed against ordinary classroom teachers. Under the terms of the 
amendment, it is administrators and school board members — not teachers — who 
must make the decision whether or not to assign students with “special and 
individual physical and  psychological needs” to bilingual classrooms. They 
can be sued. But no such assignment can be made without an elaborate and 
detailed process that requires parents to be fully informed and to sign off on 
the method of instruction. Suits filed under this provision, if they existed at 
all, would be about as rare as flying pigs.  
 
As for the assertion that the amendment will lead to increased taxes, that too 
is without factual foundation. The state’s own 
analysis says the financial impact is unknown. Some districts will save money. 
Some won’t. It will take additional funds to do the prescribed testing to 
determine how well the program is working, but imagine the outcry if testing 
weren’t required.  
 
Finally there’s the issue of whether this measure should be in the Colorado 
Constitution. It was proposed as a constitutional amendment because it arguably 
impacts another provision requiring local districts to control instruction. The 
tears being shed by the teacher’s union and others over this fact are fake. Were 
the proposition advanced as a statute, this same crowd would challenge its 
validity because it wasn’t in the Constitution.  
 
There is a huge irony here. What started as a concern about the ability of 
students to understand English has raised 
questions about whether the teachers, administrators and school board members 
arrayed against Amendment 31 have 
mastered the language.  
 
Al Knight (alknight@mindspring.com) is a member of the Denver 
Post editorial board. His column appears Wednesday and Sunday. 
  
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