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Social Consequences of Testing for Language- minoritized Bilinguals in the United States BILINGUAL EDUCATION & BILINGUALISM Series Editors: Nancy H. Hornberger (University of Pennsylvania, USA) and Wayne E. Wright (Purdue University, USA) Bilingual Education and Bilingualism is an international, multidisciplinary series publishing research on the philosophy, politics, policy, provision and practice of language planning, Indigenous and minority language education, multilingualism, multiculturalism, biliteracy, bilingualism and bilingual education. The series aims to mirror current debates and discussions. New proposals for single-authored, multiple-authored, or edited books in the series are warmly welcomed, in any of the following categories or others authors may propose: overview or introductory texts; course readers or general reference texts; focus books on particular multi- lingual education program types; school-based case studies; national case studies; collected cases with a clear programmatic or conceptual theme; and professional education manuals. All books in this series are externally peer-reviewed. Full details of all the books in this series and of all our other publications can be found on http://www.multilingual-matters.com, or by writing to Multilingual Matters, St Nicholas House, 31–34 High Street, Bristol BS1 2AW, UK. BILINGUAL EDUCATION & BILINGUALISM: 117 Social Consequences of Testing for Language-minoritized Bilinguals in the United States Jamie L. Schissel MULTILINGUAL MATTERS Bristol • Blue Ridge Summit DOI https://doi.org/10.21832/SCHISS2708 Library of Congress Cataloging in Publication Data A catalog record for this book is available from the Library of Congress. Names: Schissel, Jamie L., 1980– author. Title: Social Consequences of Testing for Language-minoritized Bilinguals in the United States/Jamie L. Schissel. Description: Blue Ridge Summit: Multilingual Matters, [2019] | Series: Bilingual Education & Bilingualism: 117 | Includes bibliographical references and index. | Identifiers: LCCN 2018046318 (print) | LCCN 2019001357 (ebook) | ISBN 9781788922715 (pdf) | ISBN 9781788922722 (epub) | ISBN 9781788922739 (Kindle) | ISBN 9781788922708 (hbk : alk. paper) | ISBN 9781788922692 (pbk: alk. paper) Subjects: LCSH: Bilingualism–Social aspects–United States. | Linguistic minorities– Social aspects–United States. | Children of minorities–Education–United States. | Multicultural education–United States–Evaluation. | Education, Bilingual–Social aspects–United States. | English language–Study and teaching–Foreign speakers. Classification: LCC LC3731 (ebook) | LCC LC3731 .S345 2019 (print) | DDC 306.44/60973–dc23 LC record available at https://lccn.loc.gov/2018046318 British Library Cataloguing in Publication Data A catalogue entry for this book is available from the British Library. ISBN-13: 978-1-78892-270-8 (hbk) ISBN-13: 978-1-78892-269-2 (pbk) Multilingual Matters UK: St Nicholas House, 31–34 High Street, Bristol BS1 2AW, UK. USA: NBN, Blue Ridge Summit, PA, USA. Website: www.multilingual-matters.com Twitter: Multi_Ling_Mat Facebook: https://www.facebook.com/multilingualmatters Blog: www.channelviewpublications.wordpress.com Copyright © 2019 Jamie L. Schissel. All rights reserved. No part of this work may be reproduced in any form or by any means without permission in writing from the publisher. The policy of Multilingual Matters/Channel View Publications is to use papers that are natural, renewable and recyclable products, made from wood grown in sustain- able forests. In the manufacturing process of our books, and to further support our policy, preference is given to printers that have FSC and PEFC Chain of Custody certification. The FSC and/or PEFC logos will appear on those books where full certification has been granted to the printer concerned. Typeset in Sabon and Frutiger by R. J. Footring Ltd, Derby, UK. Printed and bound in the UK by the CPI Books Group Ltd. Printed and bound in the US by Thomson-Shore, Inc. Contents Acknowledgments vii Introduction 1 Language-minoritized Bilingual Test-takers in the United States 1 Tests and Assessments 4 Brief Histories of Testing 6 Overview of the Book 12 1 Conceptualizing a Historical Narrative of Social Consequences 14 Conceptualizing Histories of Discrimination 15 Validity and Language-minoritized Bilinguals 19 The Task That Follows 34 Part 1: Immigration Policy in the United States 37 Pre-Civil War Period 37 Post-Civil War Period 38 World War I era 38 World War II and the Beginning of the Cold War 39 Civil Rights Discussions 40 Immigration During the Civil Rights Movement and Vietnam War 41 Amnesty 43 The ‘War on Terror’ 44 Summary 44 2 Seeking Access to Civic Participation 45 Literacy Testing 45 Naturalization and Citizenship 52 Testing in the Military 62 Discussion 74 3 Seeking to Enter the United States: A Focus on the Ellis Island and Angel Island Ports of Entry 77 Ellis Island 78 v vi Contents Angel Island 91 Discussion 96 Part 2: Educational Trends 99 Early Court Cases About Language Education 99 Legislation on Bilingual Education 100 Bilingual Education and Segregation 104 Federal Policy Shifts with NCLB and ESSA 105 Summary 107 4 Seeking Education in K-12 Schools 108 Intelligence Testing 109 Standardized Testing of Content and English Proficiency 119 Discussion 127 5 Seeking Higher Education 129 College Admissions Testing 130 English Proficiency Testing 136 Discussion 142 Concluding Thoughts 143 Language-minoritized Bilinguals as Intersectional Individuals 144 Language-minoritized Bilinguals and Histories of Discrimination 145 Thoughts Moving Forward 146 References 148 Index 165 Acknowledgments While meandering and muddling through this writing process, I have much appreciated the support of so many who are connected to me and with this moment. Summer and Travis, my sister and brother, and Erin and Adam, who are like a sister and brother too, have been great people to travel together through life with, as have been my great-grandparents, grandparents, parents, aunts, uncles and cousins, who really are too numerous to begin to name. I want to offer so much love and gratitude to Alma, Amy, Ana, Andres, Ann, Belem, Beni, Beverly, Bridget, Chris, Colleen, Crissa, Daniel, Daniela, Donna, Edwin, Fabiola, Fany, Fatima, Haley, Hannah, Inky, Jacqi, Jeannette, Jen, Jenice, Jiyoon, Johan, John, Joy, Juan Manuel, Julio, Karam, Kate, Katie, Kiara, Lan, Laura, Lizzy, Lore, Luisa, Margaret, Marypaz, Meg, Melody, Micheline, Mody, Monica, Nick, Nina, Pam, Randy, Sara, Sara, Sarah, Saskia, Sofia, Talo, Tatyana, Traci, Vero, Vilma, Yareni, Ye, Yesenia, Yubi and Zhaleh for everything. For feedback early on in the process, I want to thank Tim McNamara. To Nelson Flores, Kamran Khan, David Low and Miranda Weinberg, your comments were meticulous and I hope I did them justice. Thank you to Asya Taylor, who helped with reference logistics, to Martha Reyes, who helped keep other projects going while I finished up this book, and to Alex Reyes, who made sure names and dates were on point. Thanks also to the team at Multilingual Matters for all your support. I want to express endless appreciation to Constant Leung, Mario López-Gopar and Elana Shohamy for guiding me and my work, and in particular for our shared enthusiasms in life and being. And I have so much gratitude to give to Tommi Grover, Nancy Hornberger and Wayne Wright for their com passion, empathy and conversations. You all and so many others have done more for me than I can express here. Thank you for being simply amazing. vii Dedicated to the memory of my mom, June, whose feisty spirit I honor on a daily basis, to my sister, Summer, who still finds a way to look after me, and to brother, Travis, with whom I share so many wonderful traditions. Introduction Tests and assessments have had a long history across the world. Before delving into the intricacies of constructing a historical narrative of the social consequences faced by language-minoritized bilinguals in the United States, in this introductory chapter I begin by exploring who language-minoritized bilinguals are and who they are positioned with respect to testing terminology. Starting by exploring who the test-takers are is purposeful, as this book centers their experiences through a use-oriented testing approach (Shohamy, 2001, 2006). This is followed by background on how tests, assessments, exams and evaluations are understood in this book. Finally, the introduction presents an overview of the development of tests as practices that are commonplace in most institutions in the United States. The discussions of tests and the processes leading to their development are largely descriptive. Language-minoritized Bilingual Test-takers in the United States In identifying who is a language-minoritized bilingual, I turn first to The Standards for Educational and Psychological Testing (AERA, APA & NCME, 2014). The Standards have been developed by three leading research organizations in education (American Educational Research Association, AERA), psychology (American Psychological Association, APA) and psychometrics/testing (National Council on Measurement in Education, NCME). The Standards was first published in 1966 and is consulted by test developers throughout the process of creating a test. The rationale for starting with the definition of a ‘language-minoritized bilingual’ in relation to The Standards is to connect the historical narrative that follows and the experiences of language-minoritized bilinguals to the guidelines that are in place to inform test design, development and interpreta tion. That is to say, to ensure that the historical narrative presented in this book is applicable to an audience that has the power to make meaningful changes in testing practices related to language- minoritized bilinguals, I first present how the individuals whom I refer to as language-minoritized bilinguals co-inhabit the category of ‘English language learner’ articulated in The Standards. The conceptualization of individuals as English language learners informs whose experiences are included in this history. The term ‘English 1

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