TESOL Law Journal: January 2006 Vol 1.

March 2008, Volume 2

Vol 2 Index

Title
A Review Of ESL Students Right to Instruction in a Language Other Than English

By
Terrence Patrick Dermott

Bio
Terry Dermott has been teaching English for almost eight years in Southeast Asia and Korea. During that time he has taught at colleges in Thailand, Laos and Vietnam. While in Thailand, I taught business law and international taxation, as well as EFL, to international students studying in English as a second language. In Vientiane and Hanoi, he worked at universities in intensive programs with students planning to study abroad. He is presently employed as a professor at Ulsan University at the Language Education Center.

Prior to teaching, Terry was a Judge Advocate in the United States Air Force for eight years and an attorney for the Department of Treasury for nine. He provided legal advice to senior management on large procurements of computer equipment and services. In his capacity as government attorney, he appeared before Federal and State courts and presented cases before the National Labor Relations Board (NLRB), the General Services Board of Contract Appeals (GSBCA), and the Merit System Protection Board (MSPB).

Abstract
As the decisions of local school boards become more politicized, this article addresses whether states must provide academic instruction in the students’ native language as part of transitional ESL programs. Specifically, the article discusses the legal history for bilingual programs in the United States. The article analyzes legislation providing funding for transitional programs, court decisions ruling on what rights people have to be educated in their native tongue, and finally, the present landscape of “English only” voter’s initiatives.

Key words. Bilingualism, transitional English, multiculturalism, linguistic rights

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