Measure 58, another initiative petition from Sizemore et al proposing a statutory change to Oregon law, would prohibit the public schools from teaching non-English-speaking students in a language other than English for more than two years for high school students, a year and half for middle school students, or one year for elementary school students. It provides that English-speaking students may study a foreign language for longer than two years. The explanatory statement concedes that the measure will have to be harmonized with federal law. The State estimates financial costs of $203 million to $253 million annually to local school systems.

Frankly, the measure seems to advocate a rather extreme anti-foreign language position. I presume that schools currently do their best to provide instruction to English Language Learners (ELL) as best they see fit under current educational models. This “Death to ESL” measure purports to be doing English Language Learners a favor by prohibiting them from being taught in their native language, even if they cannot profit from instruction in English. I have a hard time believing that Sizemore and his conservative cronies are really acting in the best interests of these kids. It seems more probable that this is a clever package to prevent full integration of children of immigrant communities, not an attempt to help them.

The proposed statute presents a clear violation of federal laws for ELL special education students, for whom the State is required to provide a free public education appropriate to their disabilities. For mainstream ELL students, it may or may not be illegal, but it’s certainly unwise. I would no more want the electorate telling teachers what makes sense for an individual ELL student than I would want the electorate deciding when my doctor could perform gall bladder surgery on me. Shouldn’t educational professionals be the ones making decisions about what is best for a student?