English-Based Approaches Predominate; In the Six States Reviewed, Most Children Receive Services for 4 Years or Less

English-based instruction is more commonly found in the nation’s public  schools than bilingual instruction is. As school districts address the various challenges associated with meeting  the educational needs of children with limited English proficiency, districts  are also required to provide these children equal educational opportunities  under title VI of the Civil Rights Act. OCR’s Title VI Requirements Are Set Forth in Three Policy Documents

Castaneda set forth a three-part test for determining whether a school  district has adopted a satisfactory method for teaching children with  limited English proficiency. Moreover,  there is no clear time line for acquiring English proficiency. Even though  different approaches to English language instruction may be effective,  many variables may influence the choice of program used by a school, such  as the percentage of students with limited English proficiency, the number  of languages spoken by students, and students’ family backgrounds. As a  result, local decisions about the amount of time needed to attain  proficiency and the amount of language support that should be provided  may differ. However,  guidance from OCR provides the framework and standards that school  districts must meet to ensure that students with limited English proficiency  have a meaningful opportunity to participate in public education.
What GAO Found

Experts disagree about the best methods to teach student who speak little English. Even though different approaches to English language instruction may be effective, many variables may influence a given school's program choices. Moreover, there is no clear time line for acquiring English proficiency. Local decisions about the amount of time needed to attain proficiency and the amount of language support that should be provided may differ. Of the two main instructional approaches, English-based instruction is more common than instruction in a student's native language. Most students spent four or less years in these programs. School districts are required to ensure that English-language instruction is adequate and to provide these children with equal educational opportunities. The Office of Civil Rights (OCR) has adopted procedural requirements for criteria for judging the adequacy of local English-language instruction programs in meeting those needs. In three policy documents, OCR set forth requirements that school districts must meet to pass a three-pronged test established by the courts. When the adequacy of local English-language instruction programs is questioned, OCR investigates and, if problems are found, enters into agreement with the district specifying how the district will address the issues.