Resource Center

• By Christie L. Goodman, APR, Fellow PRSA • IDRA Newsletter • May 2025 •

The recent passing of Joseph “Joe” Bernal, Ph.D., brought forth many reflections on his time as an educator, superintendent, policymaker and community advocate. He had a special place with IDRA as an early board member and researcher. He was in the room when IDRA was founded and was one of IDRA’s three incorporators 52 years ago.

In those early days, he co-authored IDRA’s bilingual education cost study, which was the first comprehensive examination of the costs for implementing bilingual education in Texas (Cárdenas, Bernal & Kean, 1976). His advocacy for bilingual education dates back to his time as a young student when speaking Spanish in school was forbidden. Teachers could be fined $100 for teaching in Spanish.

Dr. Bernal recalled, “The fact that the schools rejected our culture and rejected our language was something that was very acceptable” (NABE, 1993).

[l-r] State Sen. Carlos Truan, Joe Bernal, Ph.D., and Albert Cortez, Ph.D., in 1981 negotiations for the Texas Bilingual Education Act. (King, 1981)

As a state senator in 1968, Sen. Bernal introduced the first Texas Bilingual Education Act to repeal the 1918 English-only law. It also set a path for formal bilingual education to develop. The law opened the door for schools to voluntarily operate bilingual programs. This action even preceded the 1973 landmark unanimous decision by the U.S. Supreme Court in Lau v. Nichols, ruling that schools must respond to the language characteristics of children (IDRA, 2024).

The 1968 Texas law was an important first step, but not enough. Few students were being served appropriately, as only a handful of Texas school districts opted to voluntarily implement local bilingual programs. Dr. Bernal’s experience in both the Texas state House and Senate from 1964 to 1972 would prove to be critical to the establishment of the state’s more powerful 1981 mandatory bilingual education law, which is still on the books today. But getting this new law in place was no cake walk.

Framing Key Bilingual Education Legislation

It was 1981, and Judge Wayne Justice, a federal jurist based in Tyler, Texas, had just issued a historic ruling in U.S. v. Texas, finding the state had failed to serve emergent bilingual students. The court’s motion to enforce required Texas to adopt new comprehensive policies for bilingual education and English as a second language (ESL) services provided to emergent bilingual students in all grades.

Judge Justice had concluded, “The policy of using English exclusively in the Texas public schools must be seen, not as neutral or benign, but rather as one more vehicle to maintain these children in an inferior position.”

IDRA was involved in coordinating the case as an educational research consultant for the plaintiffs, led by the Mexican American Legal Defense and Educational Fund (MALDEF). José Cárdenas, Ed.D., IDRA founder and director, also presented testimony in the trial.

With a new 1981 judicial mandate in hand, the Texas Legislature had to carry it out before the end of its session in May.

Because of its longstanding involvement in the issue, IDRA organized a team that included IDRA staff and Texas Association for Bilingual Education (TABE) leadership to translate the legal mandates outlined in Judge Justice’s ruling into state policy language.

The plan development team began by fleshing out the framework of the key elements a bilingual program should include, drawing on IDRA’s lead work following the Lau ruling. The policymakers then introduced the legislation drafted by Dr. Bernal and the IDRA team.

A second team formed to help shepherd the new bilingual education mandates through the challenging Texas lawmaking process. This legislative-focused team included policymakers, State Sen. Carlos Truan and State Rep. Matt García; IDRA staff, Dr. Cárdenas, Dr. Bernal, Albert Cortez, Ph.D. (now retired IDRA director of policy), and Gloria Zamora, Ph.D., among others; and TABE leaders, represented by Mary Esther Bernal (and wife of Joe).

Statehouse Drama Threatens the Legislation

I recently spoke with Dr. Cortez, who provided some behind-the-scenes commentary about what happened next.

Despite empirical research and classroom experience indicating that strong bilingual education instruction is the most effective way for students to learn English, there were solid opponents. Dr. Cortez says many were “driven by their own xenophobia.” To opponents of bilingual instruction, the educational merits of bilingual education were irrelevant.

Sen. Truan, who had a lead role with the 1968 legislation on the House side, filed Senate Bill 477, which was referred to as the new “Texas bilingual education law” in 1981.

“You can’t change the world by yourself.”

– Dr. Joe Bernal

As introduced, the bill became stuck in the Texas Senate until the waning days of the legislative session. For days, Sen. Truan tried to get his bill considered on the Senate floor. But Lt. Gov. William Hobby kept stalling. It was finally given a hearing with less than two weeks left in the session.

Dr. Cortez describes how, during the Texas Senate hearings on SB 477, the governor’s lead person in opposing the bilingual advocates’ plan, State Sen. Pete Snelson from Grandville, Texas, piled on terrible amendments. These included limiting bilingual instruction to first and second grades, cutting off participation after three years, and establishing impossible pre-authorization requirements.

The legislative session was now in its final days. Nothing had been resolved. The legislative support team faced the dilemma of whether to accept a bill that had been stripped of its merits or to walk away. They all decided a bad bill is a bad bill. It would be bad for children. For most of the team, the only way forward was to pull it from consideration and apologize to thousands of Texas families. The team, however, also recognized that Judge Justice would not hesitate to impose his own plan if the Texas legislature failed to comply with his standing court order.

But master strategist Dr. Bernal suggested another brilliant option, that Sen. Truan “withdraw” the bill. subject to recall by the author. Withdrawal is a much-used strategy today, but it wasn’t back then. It required a floor vote. Dr. Cortez recalls that most opponents believed they were voting against the bill rather than merely putting it on hold.

It was also critical to use that “withdrawal subject recall by the author” strategy, as the team learned that the bilingual opponents already had a watered-down minimal plan ready to be voted on if Sen. Truan pulled down and killed his own bill.

Dr. Bernal’s plan saved the measure. Over the weekend, with two days left in the session, the team was able to set up negotiations behind closed doors (but with cameras rolling for the Emmy award-winning documentary, “Best Little Statehouse in Texas”).

Learn More from the Archives

• Watch “The Best Little Statehouse in Texas” – This 1981 CBS Emmy-winning documentary is by legendary Texan, Larry L. King. The bilingual education segment begins in Part 1 at 21 minutes and continues into Part 2.

• See the First Cost Study of Bilingual Education in Texas – IDRA’s 1976 Bilingual Education Cost Analysis, was co-authored by Dr. Joe Bernal.

During those negotiations, Sen. Truan sat with Dr. Bernal and Dr. Cortez opposite Lt. Gov. Hobby and Sen. Snelson, who condescendingly claimed his amendments were “just for technical errors.”

As usual, one sticking point was the money. Dr. Bernal drew on IDRA’s cost study that examined six major resource areas that needed funding: staff, materials, equipment, testing, library needs and teacher training. The study identified costs averaging $200 (in 1976 dollars), with higher costs for programs in their first years. California was funding bilingual education at $180 per student, and New Mexico was funding it at $351 per student.

Lt. Gov. Hobby resisted the bill’s inclusion of $25 million, which was the equivalent of $150 per student (roughly $530 today).

Sen. Truan said: “The fear is that they [bilingual opponents at the district level] will siphon off moneys… That’s another reason we want to have it in the bill, a specific amount. Simply because we’ve been had in the past.” (King, 1981)

Around the coffee table, the group informally agreed to $20 million ($100 per student) if the Lt. Gov. would bring the bill to the floor for a vote the next day.

Dr. Cortez recalled that, as the meeting ended, Sen. Truan said to Lt. Gov. Hobby: “We have some differences of opinion. We also have different upbringings, different backgrounds and different cultures.”

Proudly, Lt. Gov. Hobby said, “And our state is the richer because of that!”

Dr. Bernal, ever quick-witted, responded, “Yes, Lt. Governor. But, in Texas, some of us are less rich than others.”

The next afternoon, on the Senate floor, Sen. Snelson continued to barrage insults, sometimes referring to students as “language deficient.”

To battle destructive amendments, Dr. Bernal and others had equipped Sen. Truan with the fundamental elements that had to stay in the bill. They were able to cleanse the bill of the most damaging amendments and secure a successful floor vote in the last hours of the session.

The final funding level was a mere $15 million, calculated as $50 per student in additional funds (based on a weight of 0.1 above the base per student rate). The legislature has never bothered to increase that weight. But IDRA and our coalition members will continue to push for a substantial increase to ensure students have access to a strong education.

Knowing what was happening in the Senate while coordinating with Sen. Truan and the legislative support team and based on prior negotiations with the state’s top political leaders, Rep. García managed to block similar bad changes to the House version of the bill.

Texas SB 477 was adopted and signed by the governor in May 1981. Despite the funding disappointment, it was a huge step forward. It required school districts to offer bilingual education programs to all students identified as limited English proficient (LEP) in elementary grades, ESL or bilingual programs at post-elementary grades through eighth grade, and ESL programs in high school.

It also prescribed uniform procedures for student identification and placement, established exit criteria for students to be transitioned out of the mandated program, and slightly increased state funding based on the number of students actually served.

Today, Texas is home to over 1 million emergent bilingual students who speak 70 different languages. They comprise one-fifth of the total K-12 student population. SB 477 remains the foundational state law that provides students with access to instruction in the language they understand.

Life as Legacy

Continuing his work for bilingual education and more, Dr. Bernal would later serve on the Texas State Board of Education. He reflected: “I ran thinking I could make a contribution and help improve educational opportunities for all Texas children. I say this not to seek approbation or personal commendation, but because I truly recognize there are zealots in policymaking bodies who want to throw the babies out with the dirty bathwater. [Some] had given up on public schools.” (1998)

He would later be a member of IDRA’s Coalition for Equity and Excellence in Public Education, a San Antonio-based coalition of community organizations and individuals who opposed vouchers.

In reflecting on Joe Bernal the man, Dr. Cortez says, “He was grounded, not full of himself and a person who I found to be very dedicated to family.”

Dr. Cortez concluded that he first met Dr. Bernal when he was a student in the bilingual teacher prep program at Our Lady of the Lake University in the mid-1960s. Dr. Bernal spoke about how the legislative process is discouraging by design. He called on the students to be advocates, “To do so, you – we – must be prepared and be persistent.” That advice built Dr. Bernal’s legacy.

Joseph “Joe” Bernal, Ph.D.

1927 – 2025

Dr. Joe Bernal passed away in January. An educator, policymaker, researcher and advocate, his leadership left a lasting mark on public education.

Grew up on San Antonio’s west side, graduating from Lanier High School.

Served in the U.S. Army during World War II. Stationed in Manila and Tokyo.

Earned a bachelor’s degree in sociology from Trinity University, a master’s degree in education from Our Lady of the Lake University and a doctorate in cultural foundations in education from the University of Texas at Austin.

Taught school in Kosciusko ISD, Edgewood ISD and San Antonio ISD.

Served in the Texas House of Representatives, 1964-1966.

Served in the Texas State Senate, 1966-1972.

Other roles included educational researcher with IDRA, regional director of ACTION under President Jimmy Carter, director of the Texas House and Senate Mexican American Caucus, and executive director of the Commission for Mexican American Affairs.

Co-authored a book, Gunpowder Justice: A Reassessment of the Texas Rangers, Julian Samora and Albert Peña in 1979.

Served as principal at Emma Frey Elementary School in Edgewood ISD, 1982-1987, and as assistant superintendent for instructional services for Harlandale ISD.

Elected to the State Board of Education,1996-2006.

In 2014, Northside ISD named its new middle school after Dr. Joe Bernal.

He and his wife of 58 years until her death, Mary Esther Bernal, have four children; Richard, Patrick, Bernard and Rebecca and six grandchildren. Mary Esther also was a retired teacher, former San Antonio ISD board member and advocate.

Que en paz descanse, rest in peace.

Resources

Bernal, J. (November-December 1998). Making Policy Through the State Board of Education. IDRA Newsletter.

Cárdenas, J.A., Bernal, J.J., & Kean, W. (1976). Bilingual Education Cost Analysis. IDRA.

Cortez, A. (January 1996). Speaking Up for Bilingual Education. IDRA Newsletter.

Cortez, A. (February 1981). U.S. v. Texas: Overview of the Findings and Remedy. IDRA Newsletter.

Cortez, A. (May 1981).  Governor’s Task Force on Bilingual Education Submits Recommendations for State Program Expansion. IDRA Newsletter.

Cortez, A., & Johnson, R.L. (November-December 2008). Bilingual Education in Texas – Where It is Now, and What is Still Needed. IDRA Newsletter.

IDRA. (2024). Lau v. Nichols – The Law in Education, webpage.

King, L.L. (1981). The Best Little Statehouse in Texas, Part 1 and Part 2. CBS Reports.

Latham Sikes, C., & Kring Villanueva, C. (March 2021). Creating a More Bilingual Texas. IDRA and Every Texan.

MALDEF. (March 23, 2010). United States v. State of Texas. Mexican American Legal Defense and Educational Fund.

NABE. (1993). Ten Who Dared, video. National Association for Bilingual Education.

TPR. (January 27, 2025). Joe Bernal, a champion for bilingual education and civil rights, dies at 97. Texas Public Radio.

United States v. State of Tex., 506 F. Supp. 405 (E.D. Tex. 1981).

Villarreal, A., & Cárdenas, D. (July 1981). Third Major Piece of Legislation Affecting Bilingual Education. IDRA Newsletter.

Christie L. Goodman, APR, Fellow PRSA, is IDRA’s director of communications. Comments and questions may be directed to her via email at christie.goodman@idra.org.

Special thanks to Albert Cortez, Ph.D., retired IDRA director of policy, for his assistance with this article.

Learn More from the Archives

• Watch “The Best Little Statehouse in Texas” – This 1981 CBS Emmy-winning documentary is by legendary Texan, Larry L. King. The bilingual education segment begins in Part 1 at 21 minutes and continues into Part 2.
• See the First Cost Study of Bilingual Education in Texas – IDRA’s 1976 Bilingual Education Cost Analysis, was co-authored by Dr. Joe Bernal.

[© 2025, IDRA. This article originally appeared in the May edition of the IDRA Newsletter. Permission to reproduce this article is granted provided the article is reprinted in its entirety and proper credit is given to IDRA and the author.]