Whereas, numerous validated scholarly studies demonstrate that African American students as part of their culture and history as African people possess and utilize a language described in various scholarly approaches as ``Ebonics'' (literally Black sounds) or Pan African Communication Behaviors or African Language Systems; and
Whereas, these studies have also demonstrated that African Language Systems are genetically-based and not a dialect of English; and
Whereas, these studies demonstrate that such West and Niger-Congo African languages have been officially recognized and addressed in the mainstream public educational community as worth of study, understanding or application of its principles, laws and structures for the benefit of African American students both in terms of positive appreciation of the language and these students' acquisition and mastery of English language skills; and
Whereas, such recognition by scholars has given rise over the past 15 years to legislation passed by the State of California recognizing the unique language stature of descendants of slaves, with such legislation being prejudicially and unconstitutionally vetoed repeatedly by various California state governors; and
Whereas, judicial cases in states other than California have recognized the unique language stature of African American pupils, and such recognition by courts has resulted in court-mandated educational programs which have substantially benefitted African American children in the interest of vindicating their equal protection of the law rights under the 14th Amendment to the United States Constitution; and
Whereas, the Federal Bilingual Education Act (20 USC 1402 et seq.) mandates that local educational agencies ``build their capacities to establish, implement and sustain programs of instruction for children and youth of limited English proficiency,'' and
Whereas, the interests of the Oakland Unified School District in providing equal opportunities for all of its students dictate limited English proficient educational programs recognizing the English language acquisition and improvement skills of African American students are as fundamental as is application of bilingual education principles for others whose primary languages are other than English; and
Whereas, the standardized tests and grade scores of African American students in reading and language art skills measuring their application of English skills are substantially below state and national norms and that such deficiencies will be remedied by application of a program featuring African Language Systems principles in instructing African American children both in their primary language and in English, and
Whereas, standardized tests and grade scores will be remedied by application of a program with teachers and aides who are certified in the methodology of featuring African Language Systems principles in instructing African American children both in their primary language and in English. The certified teachers of these students will be provided incentives including, but not limited to salary differentials,
Now, therefore, be it resolved that the Board of Education officially recognizes the existence and the cultural and historic bases of West and Niger-Congo African Language Systems, and each language as the predominantly primary language of African American students; and
Be it further resolved that the Board of Education hereby adopts the report recommendations and attached Policy Statement of the District's African American Task Force on language stature of African American speech; and
Be it further resolved that the Superintendent in conjunction with her staff shall immediately devise and implement the best possible academic program for imparting instruction to African American students in their primary language for the combined purposes of maintaining the legitimacy and richness of such language whether it is known as ``Ebonics,'' ``African Language Systems,'' ``Pan African Communication Behaviors'' or other description, and to facilitate their acquisition and mastery of English language skills; and
Be it further resolved that the Board of Education hereby commits to earmark District general and special funding as is reasonably necessary and appropriate to enable the Superintendent and her staff to accomplish the foregoing; and
Be it further resolved that the Superintendent and her staff shall utilize the input of the entire Oakland educational community as well as state and federal scholarly and educational input in devising such a program; and
Be it further resolved, that periodic reports on the progress of the creation and implementation of such an educational program shall be made to Board of Education at least once per month commencing at the Board meeting of December 18, 1996.
There is persuasive empirical evidence that, predicated on analysis of the phonology, morphology and syntax that currently exists as systematic, rule governed and predictable patterns exist in the grammar of African-American speech. The validated and persuasive linguistic evidence is that African-Americans (1) have retained a West and Niger-Congo African linguistic structure in the substratum of their speech and (2) by this criteria are not native speakers of black dialect or any other dialect of English.
Moreover, there is persuasive empirical evidence that, owing to their history as United States slave descendants of West and Niger-Congo African origin, to the extent that African-Americans have been born into, reared in, and continue to live in linguistic environments that are different from the Euro-American English speaking population, African-American people and their children, are from home environments in which a language other than English language is dominant within the meaning of "environment where a Language other than English is dominant" as defined in Public Law 1-13-382 (20 U.S.C. 7402, et seq.).
The policy of the Oakland Unified School District (OUSD) is that all pupils are equal and are to be treated equally. Hence, all pupils who have difficulty speaking, reading, writing or understanding the English language and whose difficulties may deny to them the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in classrooms where the language of instruction is English or to participate fully in our society are to be treated equally regardless of their race or national origin.
As in the case of Asian-American, Latino-American, Native American and all other pupils in this District who come from backgrounds or environments where a language other than English is dominant, African-American pupils shall not, because of their race, be subtly dehumanized, stigmatized, discriminated against or denied. Asian-American, Latino-American, Native American and all other language different children are provided general funds for bilingual education, English as Second Language (ESL) and State and Federal (Title VIII) Bilingual education programs to address their limited and non-English proficient (LEP/NEP) needs. African-American pupils are equally entitled to be tested and, where appropriate, shall be provided general funds and State and Federal (Title VIII) bilingual education and ESL programs to specifically address their LEP/NEP needs.
All classroom teachers and aids who are bilingual in Nigritian Ebonics (African-American Language) and English shall be given the same salary differentials and merit increases that are provided to teachers of the non-African American LEP pupils in the OUSD.
With a view toward assuring that parent of African-American pupils are given the knowledge base necessary to make informed choices, it shall be the policy of the Oakland Unified School District that all parents of LEP (Limited English Proficient) pupils are to be provided the opportunity to partake of any and all language and culture specific teacher education and training classes designed to address their child's LEP needs.
On all home language surveys given to parents of pupils requesting home language identification or designations, a description of the District's programmatic consequences of their choices will be contained.
Nothing in this Policy shall preclude or prevent African-American parents who view their child's limited English proficiency as being non-standard English, as opposed to being West and Niger-Congo African Language based, from exercising their right to choose and to have their child's speech disorders and English Language deficits addressed by special education and/or other District programs.