Federal Monitoring Requirements

Each LEA (Local Education Agency) using Title I or Title III funds to provide a language instructional program must, not later than 30 days after the beginning of the school year, or within two weeks of identification as an English learner, inform parents of an English learner (EL) identified for participation or participating in such a program, of:

The reasons for the identification of their child as an EL and in need of placement in a language instruction education program;
· The child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement;
· The methods of instruction used in the program in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction;
· How the program in which their child is, or will be, participating will meet the educational strengths and needs of their child;
· How such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation;
· The specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for ELs, and the expected rate of graduation from high school if funds are used for children in high schools;
· In the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and
· Information pertaining to parental rights that includes written guidance
· Detailing the right that parents have to have their child immediately removed from such a program upon their request;
· Detailing the options that parents have to decline to enroll their child in such a program or to choose another program or method of instruction, if available; and
· Assisting parents in selecting among various programs and methods of instruction if more than 1 program or method is offered by the eligible entity.
§§ 1112(e)(3)(A-B), 3116(b)(4)(A).

Parents Right to Opt Out

Family of identified EL students have the right to decline ELD services for their child with a full understanding of the EL child’s rights, the range of services available to the child, and the benefits of such services (OELA toolkit). Districts/Schools must document all parent refusals and access to grade-level content and standards must still be provided. Refusal of ELD services does not dismiss the school/district from providing a meaningful and equitable education to identified EL students. A meaningful and equitable education may include, but is not limited to, further assessing the student’s ELP; notifying the student’s parent about his or her child’s lack of progress, and encouraging him or her to opt the child into EL programs and services; and providing supports for the student’s language acquisition, such as offering professional development in second language acquisition to the student’s core curriculum teachers (OELA toolkit). All identified Non-English Proficient (NEP) and Limited English Proficient (LEP) ELs must be administered the annual ACCESS for ELLs 2.0 assessment, including those students whose family has declined ELD services. For more tools and resources for serving Els who opt out of El programs visit: http://www2.ed.gov/about/offices/list/oela/english-learner-too


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