The figure of a 95 percent failure rate in bilingual education is based on very loose use of information. For example, those numbers don't take into account such things as this being a highly mobile population. There's really no research that says that the majority of kids will learn English in one year. This initiative certainly would put kids on hold for a year. Although many bilingual programs are undoubtedly poorly implemented, there are also many well-implemented ones that have had tremendous success in helping LEP students both learn English and advance academically.
Language of instruction is only one of the many factors involved in good schooling.
Other factors include well-trained teachers, a balanced curriculum, systematic student assessment, parent involvement, and a supportive school climate, to name a few. We sought a waiver because we were getting more and more students in bilingual education and fewer and fewer were successfully leaving. In addition, 4th graders going into the total English program were not doing very well. Some bilingual education programs work if you have outstanding teachers, quality materials, and an educationally sound program. We bring in bilingual aides who rotate from classroom to classroom to make sure the students understand what is being said.