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Ending E.O. 13166,
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Legal Status of official English in California
In 1986, this state passed this amendment
to their state constitution making English the state's official language.
Despite this, Oakland and San Francisco have frozen the hiring of employees
who do not speak a language other than English. ProEnglish is suing the
federal government in California to rescind Executive Order 13166, a federal
regulation which compels recipients of federal funds to provide services
in multiple foreign language.
California
law had required all children who do not speak English to be placed into
bilingual education programs. In 1998, voters replaced that law with one
mandating access to English immersion programs. Achievement scores
have since sharply risen in all subjects areas. Scores may have been helped
by replacing "whole language" spelling instruction with "phonics,"
and a lower student-faculty ration, but test scores improvements were
highly correlated to the vigor with which school districts implemented
the new law, Proposition 227.
Languages in California
More than 10% of Californians speak little
or no English.
One million residents live in households
where no-one over 14 speaks English (linguistically isolated). 39.5 percent
of this state's residents speak a language other than English in their
homes.
The foreign languages most commonly spoken
as the primary language in the home are (adults):
Spanish, 5,917,071 speakers
Chinese, with 696, 387
Tagalog (Philipino), 558,639
Vietnamese, 323,969
Korean, 243,832
Japanese, 138,761.
This state has the nation's highest
proportion of speakers of Vietnamese, Thai/Lao (34, 173 speakers), Persian,
Armenian, Panjabi, and Formosan, as well as the most people who cannot
understand basic English.
California Official English Amendment
CALIFORNIA STATE CONSTITUTION,
ARTICLE III, SECTION 6
(Proposition 63, 1986)
Section 1:
(a) Purpose.
English is the common language of the people of the United States of America
and the State of California. This section is intended to preserve, protect
and strengthen the English language, and not to supersede any of the rights
guaranteed to the people of this Constitution.
(b) English as the Official Language of California.
English is the official language of California.
(c) Enforcement.
The Legislature shall enforce this section by appropriate legislation.
The Legislature and officials of the State of California shall take all
steps necessary to insure that the role of English as the common language
of the State of California is preserved and enhanced. The Legislature
shall make no law which diminishes or ignores the role of English as the
common language of the State of California.
(d) Personal Right of Action and Jurisdiction of Courts.
Any person who is a resident of or doing business in the State of California
shall have standing to sue the State of California to enforce this action,
and the Courts of record of the State of California shall have jurisdiction
to hear cases brought to enforce this section. The Legislature may provide
reasonable and appropriate limitations on the time and manner of suits
brought under this section.
Section 2: Severability.
If any provision of this section, or the application of any such provision
to any person or circumstance, shall be held invalid, the remainder of
this section to the extent it can be given effect shall not be affected
thereby, and to this end, the provisions of this section are severable.
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