Preventing LEAs from using the instructional approach that they have found most effective would not only have an adverse effect on students' academic achievement, but would also be in violation of federal civil rights laws. This narrow focus on English language proficiency rather than on academic achievement reveals a troublesome ignorance about the process of acquiring a second language. This is a recipe for academic disaster. Fluency in conversational English is not adequate for reading and responding to literature, solving word problems in mathematics, understanding scientific phenomena, or writing a report on the Civil Rights movement. A mandatory limit on the length of time students may receive special educational services ignores individual differences.
Children learn at different rates.
For example, some children can learn to read at the age of 3 or 4, most children learn to read between the ages of 5 to 8, and some children need even more time to develop literacy. School districts should have the flexibility of providing appropriate special instruction to students as long as it is needed. At present, funds under the Emergency Immigrant Education Program are available to individual LEAs to meet specific local needs caused by the arrival of 500 or more recent immigrant students. This program gives school districts the flexibility to address a variety of needs. LEAs assign teachers and other personnel based on projected September enrolments.