Senator Eliot Shapleigh - El Paso, Texas

In 1981, the Legislature passed the Bilingual and Special Education Programs Act, an effort to prevent expected court action to address discrimination in Texas schools.

Last week, U.S. District Judge William Wayne Justice said the Texas Education Agency has failed to provide necessary bilingual education to Spanish-speaking students.

To this ruling — that the state has not done its duty to see that Spanish-speaking students achieve the English-language skills needed to succeed academically — the proper response would be to announce intentions to immediately improve the bilingual education program.

Instead, TEA officials said they would appeal. That’s wrong when a growing number of Texas school children have certifiably inferior educations.

Justice gave the state until the end of January to develop an acceptable plan to improve education programs for secondary school students with limited proficiency in English.

Specifically, Justice ruled that the TEA is violating the civil rights of Spanish-speaking students under the federal Equal Education Opportunity Act.

Over the years, William Wayne Justice has made historic rulings regarding segregation in Texas schools and unconstitutional conditions in the Texas prison system. He has a track record of issuing solid rulings even when unpopular with many Texas officials and citizens.

Justice’s order said the state’s monitoring of programs for students with limited English-language skills is “fatally flawed” for several reasons, including unqualified monitors, undercounting of students with limited English proficiency and arbitrary standards.

Texas’ Hispanic population continues to grow. At the same time, the need to bring students with limited English proficiency up to standards continues to grow. Texas’ future depends on ensuring that all children stay in school and receive quality educations.