Amendment 31:
good intention, wrong solution

October 23, 2002

Most Reverend José H. Gomez
Auxiliary Bishop of Denver

Amendment 31 is one of the most hotly debated items on the November ballot this year. Nearly everyone in the debate agrees that mastering English is vital for any immigrant who wants to succeed in the United States.

But supporters of 31 argue that bilingual education is a failure and actually undermines the children it seeks to help by slowing the development of English skills. Critics of 31 feel that bilingual education can and does work, that Amendment 31 will create more problems than it solves, and that it indirectly feeds anti-immigrant prejudice.

Good people, for good reasons, have put themselves on both sides of Amendment 31. The Colorado Catholic Conference, in reviewing the proposed amendment, declined to endorse or oppose it. There is no "official" Catholic position on Amendment 31. Catholics should use their own best judgment when they enter the voting both.

What exactly would Amendment 31 do?

• It would require all public school students to be taught in English unless they're exempted under the provisions of Amendment 31.

• It would require students who don't speak English (English learners) to be taught English through sheltered English language immersion programs and to be transferred to a regular classroom within one year, unless a waiver is granted.

•It would allow a parent or legal guardian to request a waiver from English immersion requirements, but it would grant schools the power to approve or deny the request.

•It would authorize a parent or legal guardian to sue for enforcement of the amendment's provisions, and it would provide penalties for teachers, administrators and school board members who don't comply.

• It would require all English learners in grades two through 12 to be tested annually in English using a national test.

Over the last month, dozens of people have asked me about my own views on Amendment 31. I do have my own thoughts on 31, but they're only that — my own personal views.

We need to remember that parents have the right to educate their children according to their convictions and best judgment. The state and Church should support that, not interfere with it. Amendment 31 will intrude where constitutional law doesn't belong — and being constitutional in nature, the mistakes of Amendment 31 will be much harder to fix once they're made. The amendment also invites ugly litigation and — worst of all — it puts the real, practical needs of children second to the opinions of education policy-makers.

I think Amendment 31 takes the wrong approach in trying to achieve a good thing — adequate English skills for non-English speaking students, and the success that comes with those skills. I believe Amendment 31 is a mistake. It has too many flaws. And over the last few weeks, more and more Coloradans have come to the same conclusion.

I know that some, maybe many, good voters will disagree with me. That freedom to disagree and to vote for our convictions is one of the things that makes our country strong. So whether you support or oppose Amendment 31, the most important place to express your views is the voting booth on Nov. 5.